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HomeMy WebLinkAbout1994 08-22 CCP Regular Session � r,a CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER AUGUST 22, 1994 7 p.m. 1. Call to Order 2. Roll Call 3. Opening Ceremonies - 4 Open Forum 5. Council Re port 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. August 8, 1994 - Regular Session 8. Appointment of Election Judges: * a. Election Judges for September 13, 1994, and November 8, 1994 r - Primary and General 9. Presentation: a. Recognition of Two Fire Department Members for Their Heroic Efforts in Saving the Lives of Two Youth 10. Mayoral Appointments: a. Human Rights and Resources Commission 11. Planning Commission. a. Planning Commission Application No. 94008 Submitted by Anoka - Hennepin Community Education. Request for a Special Use Permit to update a preschool program at the Lutheran Church of the Master, 1200 69th Avenue North. This application was recommended for approval by the Planning Commission at its August 11, 1994, meeting. 12. Discussion Items: a. Auditor RFP b. Preliminary Discussion of Bond Issue r < 1 CITY COUNCIL AGENDA -2- August 22, 1994 13. Resolutions: • a. Creating a Sales Director Position for Earle Brown Heritage Center J • b. Authorizing Renovation of Morgan and Belgian Meeting Rooms and Amending the 1994 Earle Brown Heritage Center Budget— . - `` c. Amending the 1994 Pay Plan and Approving the Agreement Between the City of Brooklyn Center and Independent School District #286 for a School Liaison Officer Program to Begin in October 1994 `: 4 * d. Approving Purchase Agreements for Improvement Project Nos. 1992 -29 (Storm Water Pond) and 1993 -18 (MTC Park and Ride) '� * e. Accepting Bid and Awarding Contract for Improvement Project No. 1994 -19, Contract 1994 -7, Shingle Creek Parkway Mill and Overlay /, /.' .. f. Accepting Work Performed and Approving Final Payment, Improvement Project + No. 1994 -21 Contract 1994 -D 1994 Sealcoat Program * g. Declaring a Public Nuisance and Ordering the Removal of Diseased Trees (Order No. DST 08/22/94) r 1 * h. Establishing a Fee Policy for the Issuance of Tax Exempt Housing Revenue Bonds * 14. Performance Bond Release /Reduction: a. Evergreens at Earle Brown Farm - 6001, 6011, 6021 Earle Brown Drive b. Omnitool, Inc. - 3500 48th Avenue North C. Randy Rau - 6849 Brooklyn Boulevard * 15. Licenses 16. Adjournment Council Meeting Date August 22, 1994 31 City of Brooklyn Center Agenda Item Numbe Request For Council Consideration • Item Description: City Council Minutes - August 8, 1994 - Regular Session Department Approval: Sharon Knutson, Deputy City Clerk 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 HENNFPTN ANT? THE STATE OF MINNESOTA REGULAR SESSION AUGUST 8, 1994 CITY HALL ALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson at 7:01 p.m. ROLL CAL Mayor 'Todd Paulson and Councilmembers Celia Scott and Kristen Mann. Also present 'c Sector Community Director Public Services Diane were City Manager Gerald Splinter, D or of p Development Specialist Tom Bublitz, City Attorney Charlie LeFevere, and Council Secretary Barb Collman. Counci1members Dave Rosene and Barb Kalligher were excused from tonight's meeting. OPENING CEREMQNIE Dean Nyquist offered the invocation. OPEN FOR M 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. APPR VAL OF AGENDA AND CONSENT_ AGENDA Mayor Paulson inquired if any Councilmember requested any items be removed from the consent agenda. Mayor Paulson announced there would be a presentation related to Resolution 101, which would be made following Item 6. Cp There was a motion by Councilmember Mann and seconded by Councilmember Scott to approve the August 8, 1994, agenda and consent agenda as printed. The motion passed unanimously. 8/8194 - 1 - 0 APPROVAL OF MINUTES JULY 25, 1994 - REGULAR SESSION There was a motion by Councilmember Mann and seconded by Councilmember Scott to approve the minutes of July 25, 1994, regular session as printed. The motion passed unanimously. APPOINTMENT OF ELECTION JUDGES ELECTION JUDGES FOR SE MBER 13 1944 AND NUMBER 8. 1994 PRIMARY AND GENERAL There was a motion by Councilmember Mann and seconded by Councilmember Scott to appoint the election judges for September 13, 1994, and November 8, 1994, Primary and General Elections, as presented, The motion passed unanimously. RESOLU` TONS RESOLUTION NO, 94 -158 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF TRAYCE OLSEN FOR HER DEDICATED PUBLIC SERVICE ON THE HUMAN RIGH'T`S AND RESOURCES COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO, 94 -159 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY FOR YEAR XX URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously, RESOLUTION NO, 94-160 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE THIRD- PARTY AGREEMENTS FOR YEAR XX URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 8/8/94 -2- The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RES OLUTION NO,-94-161 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION CALLING FOR A PUBLIC HEARING RELATIVE TO THE TREATMENT OF UNITY PLACE (FORMERLY "THE PONDS ") AS A LEASEHOLD COOPERATIVE The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOI UTION NO 94162 Member Kristen Mann introduced the following resolution and moved its adoption: 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 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO 94 -163 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION APPROVING PURCHASE AGREEMENT FOR IMPROVEMENT PROJECT NO. 1993 -18 (MTC PARK AND RIDE) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO 94 -164 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION REJEC'T'ING BIDS RECEIVED FOR IMPROVEMENT PROJECT NO. 1994 -25, PEDESTRIAN BRIDGE REPAIRS AT GARDEN CITY PARK AND AT COUNTY ROAD 10 AND SHINGLE CREEK PARKWAY The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. 8/8/94 -3- RESOLUTION NO 94 -16$ Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR IMPROVEMENT PROJECT NO, 1994 -20, WATERMAIN REPAIR AT I -94 AND DUPONT AVENUE NORTH (CONTRACT 1994 -K) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously, RESOLUTION NO. 94 -166 Member Kristen Mann introduced the following resolution and moved its adoption: 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 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO 94 Member Kristen Mann introduced the following resolution and moved its adoption: 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 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously, RESOLUTION NO., 94 -168 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 48/08/94) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. 8/8/94 -4" RESOLUTION NO 94 -169 Member Kristen Mann introduced the following resolution and moved its adoption: 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 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. PERFORMANCE BOND R LEASE/REDUCTION There was a motion by Councilmember Mann and seconded by Councilmember Scott to approve the Performance Bond Release/Reduction for 50's Grill, 5524 Brooklyn Boulevard, as presented. The motion passed unanimously. LICENSES There was a motion by Councilmember Mann and seconded by Councilmember Scott to approve the following list of licenses: AMUSEMENT DEVICES - OPERATOR Davanni's 5937 Summit Drive Nickcls wid Dimes, Inc. 1328 Bruukdalu Center AMUSEMENT DEVICES - VENDOR CL 1317 North Highway 169 Mendota Valley Amusement, Inc. 9177 E. Courthouse Blvd. Ct. GARBAGE AND REFUSE COLLECTION VEHICLES Woodlake Sanitation Service 9813 Flying Cloud Drive MECHANICAL SYSTEMS Dopcndablc Indoor Air Quality, Inc. 2619 Coon Rupidu Boulevurd Doody Mechanical, Inc. 520 Front Avenue Northwestern Service, Inc. 791 Hampden Avenue Peterson- Pinney, Inc. 4151 Coon Rapids Boulevard Practical Systems 14226 Norden Drive RENTAL DWELLINGS Initial: Evangelical Lutheran Church of the Master BrookdaIe Manor Renewal: Randy McGovern 5830 Admiral Lane Craig Scherber 907 57th Avenue N. 8/8/94 _ 5 - TOBACCO RELATED PRODt7CTS Freddy's Snacks Plus _ 6245 Brooklyn Boulevard The motion passed unanimously. SE Susie Palmer of the Minnesota Department of Public Safety announced an award to the City of Brooklyn Center in regard to traffic safety. She introduced Jim Downey of the National Highway Traffic Safety Administration, who presented a plaque in recognition of the accomplishments of the Police Chief and the police department. Mr. Downey stated Brooklyn Center is one of five Minnesota communities selected to receive this award. The Police Chief accepted, on behalf of the police department, the plaque commemorating the award. He commented Sgt. Roth was present also as he is involved in the effort of traffic safety. He also stated the award would be an encouragement to the police officers to continue their fine effort in this regard. Mayor Paulson expressed appreciation for the work of the police department which led to the award. APPROVAL OF MINUTES - CONTINUED JULY 11. 1994 - REGULAR SESSION There was a motion by Councilmember Mann and seconded by Councilmember Scott to approve the minutes of July 11, 1994, regular session as printed. The motion passed unanimously. JULY 18. 1994 - SPECIAL WORK SESSION There was a motion by Councilmember Scott and seconded by Councilmember Mann to approve the minutes of July 18, 1994, special work session as printed. The motion passed unanimously. There was an announcement Council would adjourn to executive session following tonight's meeting. DISCUSSION ITEMS NLC ACTION ALERT ON ANTI- CRIME, ANTI- MANDATE AND SENATE TELECOMMUNICATIONS LEGISLATION The City Manager stated a notice was sent by National League of Cities (NLC) asking for attention by the City to press for positive voting on current federal legislation on three issues. He noted if Council agrees with the legislation it could request Staff to prepare a letter of support for the Mayor's signature. 8/8/94 -6- Councilmember Mann agreed it would be appropriate to send a response, noting too often federal mandates are issued and municipalities do not have the funds available to carry them out. She said she did not, however, support the anti -crime portion of the legislation. Councilmember Scott also agreed with the recommendation to send a response but questioned whether there is adequate time, since; Congress adjourns August 12, 1994. The City Manager said contact could be made quickly either by phone or facsimile. Mayor Paulson asked to which part of the legislation CouncUmember Mann objects. Councilmember Mann said she could not support the ban PP on assault weapons but would agree to the issuance of a letter if that issue were deleted. Mayor Paulson asked whether Council could have information regarding the nine weapons referred to in the legislation. The City Manager said the information could be obtained but he assumed the weapons specified were automatic rather than typical hunting rifles. , There was a motion by Councilmember Scott and seconded by Councilmember Mann to issue a response regarding support of the anti - mandate and Senate telecommunications legislations. The motion passed unanimously. PILOT PROJECT DISCUSSION REQUES PUBLIC L -IN LINE T FROM COUNCILMEMBER RUSENE FOR CAL There was a motion by Councilmember Scott and seconded by Councilmember Mann to table discussion on this item until a future Council meeting. CONSIDERATION OF PUBLIC NUISANCES AT 4746 LAKEVIEW AYE NT JE NORTH The City Manager reviewed the plan to begin legal proceedings against the property owner. Councilmember Scott commented there has been an ongoing problem with this property for 18 or 19 years which comes before the Council every two to three years. She asked whether any change can be made to rd' g ordinances to make them more effective, thereby alleviating the problem altogether. The City Manager did not believe any modification of the ordinance is called for, He said this step will begin the process to take the matter to district court. He added a similar resolution was passed four or five years ago and the City cleaned up the property. Since that time, the property has gradually returned to .its current state. He is hopeful this action may lead to final resolution of the matter, although it cannot be guaranteed. Councilmember Scott asked whether it would be legal to present the court with information outlining the background of the concern. The City Manager said that would be acceptable. He hopes the court might take a custodial approach at this time. 8/8/94 - 7 - The City Attorney commented notice was senr to the property owner affording him opportunity to be present at this meeting. It was noted the owner, Leonard Martin, was not present at the August 8, 1994, City Council meeting. The City Manager presented 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. RES )LUTION NO 94-170 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ORDERING THE ABATEMENT OF PUBLIC NUISANCES, SAFETY AND HEALTH HAZARDS AND BUILDING AND MAINTENANCE CE 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 1J2 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 The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. BASK FORCE - CRYSTAL, ROBBINSDALE, AND BROOKLYN CENTER REGARDING TI-IE USE OF THE TWIN LAKES IN THE THREE CITIES The City Manager stated he has met with city managers from Crystal and Robbinsdale and the three have agreed an effort should be made to work together toward more consistent water regulation. Staff is interested in having a task force address the issue. He recommended Council approve the creation of a task force. Councilmember Scott mentioned a similar attempt at water regulation was made 15 years ago. However, at that time the City of Crystal appeared uncooperative. She appreciates the City of Crystal's apparent effort to be a "good neighbor." Councilmember Mann commented she agrees with steps being taken toward lake regulations as there has been a public safety concern. 8/8/94 - 8 - There was a motion by Councilmember Mann and seconded by Councilmember Scott to support the creation of a task force involving the cities of Crystal, Robbinsdale, and Brooklyn Center in regard to Twin Lakes. The motion passed unanimously. ADQURNMENT There was a motion by Councilmember Scott and seconded by Council ember Man n to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 7:20 p.m. Deputy City CIerk Todd Paulson, Mayor Recorded and transcribed by: Barb Collman TimeSaver {off Site Secretarial 8/8/94 _ 9 Council Meeting Date August 22, 1994 City of Brooklyn Center Agenda Item Number Reque For Co un c il C onsider a tion Item Description: Appointment of Election Judges for September 13, 1994, Primary Election and November 8, 1994, General Election Department Approval: I6MV(-- Sharon Knutson, Deputy City Clerk Manager's Review /Recommendation: 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 1 PP p � g 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 3 Precinct 4 R -Lois Holmes R -Pat Skindelien R- Cheryl Bjorlie R- Carolyn Green Council Meeting Date 8/22/94 31 City of Brooklyn Center Agenda Item Numbe Description: Request F C Consideration r It Recognition of District Chief Kent Korman and Captain John Bentzen for Their Heroic Efforts in Saving the Lives of Two Youth Department Approval: Gerald G. Splinter, City Manager Manager's Review/Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Present recognition plaques to these two members of the Brooklyn Center Fire Department. • Summary Explanation: (supporting documentation attached No ) On Tuesday, August 8, 1994, at 10:06 a.m. , the fire department received a call regarding a house fire at 6422 Dupont Avenue North. Upon arriving at the scene, District Chief Kent Korman and Captain John Bentzen noticed that the house was completely engulfed in flames and were told that two children were trapped inside. Chief Korman and Captain Bentzen knocked down the front door and entered the inflamed house in search of the children. Korman and Bentzen found the eleven and fourteen year old youths in the bedroom lying unconscious underneath blankets. They brought the children outside where Chief Korman administered mouth -to -mouth resuscitation until oxygen was brought to the scene. The children were then transferred to Hennepin County Medical Center where they later recovered. Without quick actions of District Chief Kent Korman and Captain John Bentzen, these two children could have perished in the fire. Therefore, we'd like to recognize Chief Korman and Captain Bentzen for their heroic efforts that saved the lives of these children. Council Meeting Date 8/22/94 31 City of Brooklyn Center Agenda Item Number Description: Item Descri P Request For Council Consideration • Mayoral Appointments: Human Rights and Resources Commission Department Approval: Gerald G. Splinter, City Manaj6r Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Appoint two persons to the Human Rights and Resources Commission. • One member to fill the unexpired term of Dwight Johnson which will expire on 12/31/95. • One member to fill the unexpired term of Trayce Olsen which will expire on 12/31/96. • Summary Explanation: (supporting documentation attached Yes ) In July 1994, both Trayce Olsen and Dwight Johnson resigned from the Human Rights and Resources Commission, creating two vacancies. Notice of vacancy on the Human Rights and Resources Commission was announced in the Brooklyn Center Sun -Post on July 20, 1994, and Northwest News on July 25, 1994, and was posted at City Hall and Community Center and aired on Cable Channel 37 from July 14, 1994, through August 12, 1994. A letter was sent to those persons who previously had submitted an application for appointment to a Brooklyn Center advisory commission informing them of the vacancy and encouraging them to call Sharon Knutson if they are interested in applying for the commission. They were given the choice of either reapplying or having their application previously submitted be considered. Notices were also sent to present advisory commission members. On August 12, 1994, the City Council received complete copies of the applications for appointment to the Human Rights and Resources Commission submitted by applicants interested in serving on the Commission. Attached for City Council members only are the applications from Wayde Lerbs, 5107 East Twin Lake Boulevard, and Charlotte Nesseth, 4225 66th Avenue North. Both applicants have previously applied to the commission. • For your convenience, attached is the Resolution Creating the Brooklyn Center Human Rights and Resources Commission and Defining its Duties and Responsibilities Therefor. Following is a table outlining the geographical distribution of the current members of the commission and the applicants. Request For Council Consideration Page 2 Geographical Distribution Human Rights and Resources Commission Applicants and Current Members August 18, 1994 i Ne borhoods Members : :::: » >:< ..............:::; ......: >:: >:::::::::: Current Southeast Julie Eoloff 6015 Aldrich Ave. N. Agatha Eckman 5624 Humboldt Ave. N. Sherry Maddox 5711 Knox Ave. N. Northeast Daniel Reiva • 1707 Amy Lane Northwest Sharon Achtelik 3213 Thurber Road West Central :::::: Susan Larsen Brown �:;.:.>;:.;::.::;>::::.:.:.:;:.:::.>:.: .:.:.:.;::.;:. >:.;:.::«.:.;: -:- 2 :.;:.::.:;;::: .:::........... S o es Drive Central Southwest w est �� ?� John Henry T1Eel;:::.::.;:.;.;: 5701 June Ave. N. RESOLUTION NO. 68 -44 RESOLUTION NO. 69 -35 RESOLUTION NO. 71 -211 RESOLUTION NO. 74 -68 RESOLUTION NO. 87 -132 RESOLUTION NO. 92 -135 RESOLUTION NO. 93 -76 RESOLUTION CREATING THE BROOKLYN CENTER HUMAN RIGHTS AND RESOURCES COMMISSION AND DEFINING ITS DUTIES AND RESPONSIBILITIES THEREFOR WHEREAS, the City of Brooklyn Center has experienced a period of extensive growth and development, and it is anticipated that such growth will continue for an indeterminate period; and WHEREAS, such growth and development necessitates intensified communication and protection of just and equitable rights among all residents of the community to promote harmonious relationships among people of all races, religion, ethnic social - economic Q status groups, ages, gender, er, physical, mental and emotional disabilities and diverse life styles; and WHEREAS, the Legislature of the State of Minnesota has enacted Chapter 363, Minnesota State Act Against Discrimination which provides for and permits the dele of certain responsibilities under the Act to local human rights commissions; and WHEREAS, broad citizen participation in the affairs of the community is actively sought and promoted by the City Council on the premise that such participation promotes a better community. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the public policy of said City shall be to fulfill its responsibility in assuring for all citizens equal opportunity in housing, employment, public accommodations, public services and education, and to work consistently to further improve the human relations climate of the City of Brooklyn Center. BE IT FURTHER RESOLVED that there is hereby established within the City of Brooklyn Center a Human Rights and Resources Commission as follows: Subdivision 1. TITLE: This organization shall be known as the Brooklyn Center Human Rights and Resources Commission. Subdivision 2. SCOPE: The scope of activity of this Commission shall consist of advising the City Council and other Brooklyn Center advisory commissions regarding matters relevant to human rights, needs and services. Subdivision 3. PURPOSE: The purpose of the Commission is to promote understanding and equal opportunity in employment, housing, public is accommodations, public services and education, and full participation in the affairs of this community by assisting the State Department of Human Rights in implementing the Minnesota State Act Against Discrimination and by advising the City Council on long range programs to further improve community relations in the City of Brooklyn Center. Subdivision 4. DUTIES AND RESPONSIBILITIES: In fulfillment of its purpose, the duties and responsibilities of the Commission shall be to: 1 () Advise the City Council on human relations and civil rights issues and recommend the adoption of such specific policies or actions as are needed to provide for equal opportunity in the community. (2) Advise in the development of a Human Relations Program for the City of Brooklyn Center to give increased effectiveness and direction to the work of all individuals and agencies addressing themselves to planning, policy making and educational programs in the area of civil and human rights. (3) Enlist the cooperation of organizations, individuals and other advisory bodies in the community in an active program directed to promote understanding and equal opportunity and eliminate discrimination and inequities. (4) Advise in the development of a formal and informal educational program to assist in the implementation in the Minnesota State ate Act Against Discrimination and provide for the Commission's assumption of leadership in recognizing and resolving civil and human problem areas in the community. P 5 () Advise and assist in the determination of human service C 1CCdS 11 the community. Subdivision 5. COMPOSITION: The Commission shall be composed of a Chairperson and eight (8) members, all of whom shall be appointed and serve as set forth in Subdivision 6. Subdivision 6. MEMBERS METHOD OF SELECTION —TERM OF OFFICE— REMOVAL: Chairperson The Chairperson shall be elected by majority vote of the Human Rights and Resources Commission membership. The election shall be conducted at the Human Rights and Resources Commission's first regular -2- meeting of the calendar ear, or, in the case of a vacancy, two regularly Y cY, � Y scheduled Human Rights and Resources Commission meetings from the time a vacancy of the chair occurs. The Chair may be removed b m rP Y Y J tY vote of the Huma a u an Ri and Resources Commission membership. The h C ai erson shall assure fulfillment of the following responsibilities rP ' . g m addition to those otherwise described herein: 1. Preside over meetings of the Commission; 2. Appear or appoint a representative to appear, as necessary, before City advisory commissions and the City Council to present the viewpoint of the Commission in matters relevant to human rights and needs, as it relates to business under consideration by said commissions or City Council; 3. Review all official minutes of the City Council and other advisory commissions for the purpose of informing the Human Rights and Resources Commission of matters relevant to human rights and needs; 4. Provide liaison with other governmental and voluntary organizations on matters relevant to human rights and needs. Vice Chairperson A Vice Chairperson shall be appointed annually by the Chairperson from the members of the Commission. The Vice Chairperson shall perform such duties as may be assigned by the Chairperson and shall assume the responsibilities of the chair in the absence of the Chairperson. Members' Term of Office Members of the Commission shall be appointed by the Mayor with majority consent of the Council. The terms of office shall be star aered three-year terms except h gg tat an person Y � P Y P appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. Upon expiration of his s term of office, a member shall continue to serve until his successor is appointed and shall have qualified. Terms of office for members of the Commission shall expire on December 31 of respective calendar years. In the event an appointed Commissioner suffers from an extended illness, disability, or other activity preventing proper fulfillment of duties, responsibilities, rules and revelations of the Commission, the Commissioner may be temporarily replaced during the temporary leave by an interim Commissioner appointed by the Mayor with majority consent of the City Council. -3- Qualifications for Membership Members of the Commission shall be residents of the City of Brooklyn Center while serving on the Commission, shall have been residents of said City for at least one year prior to their appointment, and shall represent a broad range of interest in the human rights and services function. Representation Requirements Due regard shall be given by the Mayor and City Council in appointing Commission members which will take into consideration geographical distribution within the City, as described in Subdivision 11, and the representative nature of the Commission in terms of gender, religion, ethnic, racial, age, handicapped, employee, and employer groups. Conflict of Interest No Commissioner shall take part in the consideration of any matter wherein he is the applicant, petitioner, or appellant, nor in the consideration of any application, petition, or appeal wherein his interest might reasonably be expected to affect his impartiality. Resignations— Removal from Office— Vacancies Commissioners may resign voluntarily or may be removed from office by the Mayor with consent by majority vote of the City Council. Three consecutive unexcused absences from the duly called Commission meetings or unexcused absences from a majority of duly called Commission meetings within one calendar year shall i constitute automatic resignation from office. The City staff liaison shall '! inform the Mayor and City Council of such automatic resignations. Vacancies in the Commission shall be filled by Mayoral appointment with majority consent of the City Council. Notices of vacancies shall be posted for 30 days before any official City Council action is taken. Vacancies shall be announced in the City's official newspaper and notices of vacancies shall be sent to all members of standing advisory commissions. Applications for Human Rights and Resources Commission membership must be obtained in the City Clerk's office and must be submitted in writing to the City Clerk who shall forward copies of the applications to the Mayor and City Council. The Mayor shall present at a regular City Council meeting the nominee for Human Rights and Resources Commission appointment who has submitted the required application form. By unanimous vote, the City Council may approve an appointment at the City Council meeting at which the nominee was presented, or, by majority vote, the City Council may approve an appointment at a regular City Council meeting following the presentation of the nominee. Compensation Commissioners shall serve without compensation. -4- Subdivision 7. RULES AND PROCEDURES: The Commission shall adopt 0 such rules and procedures not inconsistent with these provisions as may be necessary for the proper execution and conduct of business. Subdivision 8. MEETINGS: The initial meeting of the Commission shall be convened at the call of the Chairperson within thirty (30) days after appointment by the Council. Thereafter, regular meetings shall be held with date and time to be determined by the Commission. Special meetings may be called by the Chairperson. Subdivision 9. STAFF: The City Manager shall assign one member of the administrative staff to serve as staff to the Commission. The staff member assigned shall perform such clerical and research duties on behalf of the commission as may be assigned by the Chairperson or the City Manager. Subdivision 10. EX OFFICIO MEMBERS: The Mayor or his Councilperson- appointee shall serve as an ex officio member of the Commission, privileged to speak on any matter but without a vote, and shall provide a liaison between the Commission and the City Council. Subdivision 11. NEIGHBORHOODS: Neighborhoods Described Southeast Neighborhood: The Southeast neighborhood shall be bordered on the south by the south city limits; on the east by the Mississippi River; on the north by FAI -94; and on the west by Shingle Creek. Northeast Neighborhood: The Northeast neighborhood shall be bordered on the south by FAI -94; on the east by the Mississippi River; on the north by the north city limits; and on the west by Shingle Creek. Northwest Neighborhood: The Northwest neighborhood shall be bordered on the south by FAI -94; on the east by Shingle Creek; on the north by the north city limits; and on the west by the west city limits. West Central Nei The West Central neighborhood shall be bordered on the south by County Road 10; on the east by Brooklyn Boulevard; on the north by FAI -94; and on the west by the west city limits. Central Neighborhood: The Central neighborhood shall be bordered on the south by County Road 10; on the east by Shingle Creek; on the north by FAI- 94; and on the west by Brooklyn Boulevard. -J- Southwest Neighborhood: The Southwest neighborhood shall be bordered on the south by the south city limits; on the east by Shingle Creek; on the north by County Road 10; and on the west by the west city limits. -6- t:at(11 II!' I!t41 � !! I'' i h i i U'� � _ - ti - .... = 1 •._..^ n - - �( -�i- ,1— I —.� jalil� ! llill't ��. '�� � � �� ---,.. C - �---j N,w�_ �- � t�A•�.�� ter-=` '��'' ( `i� ,'~,� �Ji �.- .... - -- �. ,' ,�, / Cam, _ I � � , \(?' ':w:. IL 111 I� I,, � I �� m � � :'{r_r?'�. 111.. _'•_ 1( -u ,.>< . �'7T'� �L . �' I � (�-� � � Y •, . �� ,\ ?Y � � 1 �`...�..� .. -_.,y. �"` i I II .��` - a �� - � l 1 (1i.(A ) • �� ?I "f- -'��w'(r.., ..•. _ �]['.. ;��t�t �][� t� Z ' �' '''( �' � �'�I ," , I. yl�(� j��__),'"tf. -=.> c ;' ::•�� la...,. L `)( i -_ Vii- 1_._ =?� • :.. � 5nC ; r��(� ��/�`�✓ ... Y . ...... Sp nr ' - '�,. 9 z I , t rte•- ;:.4 ,.,.��; 1WRI n -_�_- . -_. ...- _.• --�"G� $ too, ,/ +� - .. �' L /�� + '•/ i N M I \�� � �� 1.1111 �Ir If1 • � Council Meeting Date 8/22/94 City of Brooklyn Center Agenda Item Numbe Request For Council Consideration Item Description: Planning Commission Application No. 94008 submitted by Anoka- Hennepin Community Education Department Approval: Ronald A. Warren, Planning and Zoning Specialist �i Manager's Review/Recommendation: No comments to supplement this report Comments below /attached • Summary Explanation: (supplemental sheets attached _) Request for Special Use Permit approval to operate a preschool within the Lutheran Church of the Master located at 1200 69th Avenue North. This application was considered by the Planning Commission at its August 11, 1994 meeting. Attached are minutes and information sheets from that meeting, a map of the area, and program explanation. Recommended City Council Action: This application was recommended for approval by the Planning Commission at its August 11, 1994 meeting subject to conditions of approval. Planning Commission Information Sheet Application No. 94008 Applicant: Anoka- Hennepin Community Education Learning Readiness Preschool Program Location: Lutheran Church of the Master, 1200 69th Avenue North Request: Special Use Permit The applicant requests Special Use Permit approval to operate a preschool within the Lutheran Church of the Master located at 1200 69th Avenue North. The church property is zoned Rl (Single Family Residence) and is bounded on the north by 70th Avenue; on the east by Emerson Avenue and three 7 unit apartment buildings recently acquired by the Lutheran Church of the Master; on the south by 69th Avenue; and on the west by the Northbrook Terrace apartment complex.. Both churches and preschools are special uses in the RI zone. New Horizons Daycare Centers had operated a preschool out of the Lutheran Church of the Master for a number of years until 1992 when that operation moved to the Humboldt Square Shopping Center. Since that time no preschool has been operated out of the church and the Special Use Permit for such use has lapsed. Therefore, a new Special Use Permit must be approved for this operation. Marilyn Wolkerstorfer, supervisor for the Anoka- Hennepin Community Education Learning Readiness Preschool Program has submitted written information regarding their proposed operation at the church. This program is required to be licensed by the Minnesota Department of Human Services. The applicant proposes to offer a preschool program on Mondays and Wednesdays from 9:00 a. m. to 11:00 a. m. and from noon to 2:00 p. m. for 31 weeks beginning September 12 and running through May 1995. The morning hour classes are for 3 year olds and the afternoon classes are for 4 and 5 year olds. The maximum number of preschoolers in any one class would be 20. The written information cites the goal of the program and various activities proposed for the children. Ms. Wolkerstorfer notes that the staff and program are licensed by the Department of Human Services and that each class will be staffed by a teacher and an assistant. The preschool classes would be conducted on Mondays and Wednesdays. The location of the preschool classes is in an approximate 20' x 40' classroom located at the northwest corner of the original church building. The facility has been inspected by the Building Official and the Hennepin County Health Department for compliance with applicable regulations. The State Fire Marshall is also required to review the facility for code compliance as well. Access to the preschool classroom will be from the north side of the church building through the parking lot. Parking associated with this use should be confined to the church's north parking lot. 8 -11 -94 -1- Planning Commission Information Sheet The Anoka- Hennepin Community Education Learning Readiness Preschool Program has 11 existing sites located throughout the Anoka- Hennepin School District. Based on their experience in this field we do not anticipate any problems with operation. A public hearing has been scheduled for this application and notices have been sent. Attached for the Commissions review is a copy of Section 35 -220 of the Zoning Ordinance containing the standards for Special Use Permits. Special Use Permits may be granted only after a finding that all of the standards for Special Use Permits have been met. We see no conflict with these standards and the proposed preschool operation to be conducted by the Anoka - Hennepin Community Education Learning Readiness Preschool Program. RECOMMENDATION In general the application appears to be in order approval is recommended subject to at least the following conditions: 1. The Special Use Permit is issued for a preschool for up to 20 children at a time. Any expansion or alteration of the preschool operation will require an amendment to this Special Use Permit. 2. The preschool operation shall receive the proper licensing from the Minnesota Department of Human Services and a copy of the license shall be kept on file with the City. 3. The premises will be brought into compliance with all applicable state and local regulations relating to fire safety, health and building code standards for the preschool operation. 4. This Special Use Permit is subject to all other applicable codes, ordinances and regulations. Any violation thereof may be grounds for revocation. 8 -11 -94 -2- Ira 1-111° ■ Hill 11111° �� 1111 °� °������������� �• !1 11►!!■ -1111111 , � I II 111 1 ►�i�i�i�i�i�i��i� - • • t 1 .' 1111 11111 11, 1/ � 1111 1 ♦�♦ ♦�♦ . _ _ • 11. 11 111 ►��♦ ♦�� � tt t -► _ = �1 /■ ■111 ■ . , K - ■ 11 ������������ �r1/ 111111 ■ ■ ■���1 11 11n1��� I 1� 111 ����������������� 111 ' • 11 ■ , ��- ��IIII ■ 1; 1 11111 ■ ■111 11111 11n /1 �I 111■ 111 111■ - 111 :1 � ■11111 111111 � ��� - � -�� �� /11, �� /� 11111 ,fie :11111 1 1111111 ■111 111111 � ■11111, It � � 1 1 • 11 ■�■ ' � 111■ 11 r .1 ' � ©1�r, �� X1111 •, _ main II. • '' ■� X111 L - _t .:ONN EDuc Anoka- Hennepin Community Education t Learning Readiness Preschool 0? 1C �C') 405 Jackson Street, Suite 102 • Anoka, Minnesota 57503 • (612) 422- -7915. `� � N .blarilyzt Wdhrsforfer, Saoervisor m A m E � a ' 0 U. U d L DATE: July 28, 1994 TO: The City f Brooklyn c ty klyn Center: r . FROM: Anoka - Hennepin Learning Readiness Preschool Program Marilyn Wolkerstorfer, Supervisor m b RE: Special Use Permit .8 `h The Anoka - Hennepin Community Education Learning Readiness Preschool Program LL would like to operate a Preschool Pro for children ages 3 -5 years of age at the y '• Lutheran Church of the Master, 1200 69th Ave., Brooklyn Center, MN. The preschool y � x schedule would be: 2- Mon.& Wed. 9:00- 11:00auc, 3 year old class, 18 children Mon.& Wed. 12:00- 2:OOpmt, 4-5 year old class, 20 children The program begins September 12 and runs through the middle of May for 31 weeks. Our goal for children in this preschool is to help them become enthusiastic learners. We create an environment that encourages them to explore, to snake choices, to try out new things. We focus on the process of learning by providing many activities within the two hour period. The daily schedule allows for large group activities, choice time, snack and small group activities. The curriculum is carried out using a learning center approach which includes the following centers: science, sensory (water, sand, snow etc.). art, library, blocks, socio- dramatic (housekeeping, grocery store, airport etc.), cognitive /manipulative (games, puzzles, building toys etc.) at the preschool age, children learn best by doing and being actively Involved, thus, learning best through their play. Each child uses the centers at his /her own level, gaining enjoyment and success from the learning experience. Our staff and program are licensed by the MN Dept. of Human Services. Each class is staffed by a teacher and an assistant teacher. Learning Readiness Funding from the State of MN makes it possible for families to pay tuition based on their family size and the number of people in their family, making this program affordable for all families. Parents are encouraged to be a part of their child's education by participating in classroom activities, attending parent seminars, and using a Parent /Child Lending Library available at the site. All parent activities are available without charge to the parents. The proposed preschool classroom is located in the back of the church with easy and safe access to and from the parking lot. The Anoka- Hennepin Learning Readiness Preschool Program has been serving children and their families for 28 years. We have I I existing sites located throughout the Anoka- Hennepin School District. We believe the location of Lutheran Church of the Master Is an excellent one that will enable us to provide a positive first school experience for children, helping them and their f amili es prepare for a good start in Kindergarten. It is also very accessible for the many f amili es living in the nearby apartment complexes. A zn�tz Egixi opportunities for education and employment Ill enn in eP_OOKL -`/rid C_ , S 7 n1'TC2Go tJ J , v6, Section 35 -220. SPECIAL USE PERMITS 2. Standards for Special Use Permits A special use permit may be granted by the City Council after demonstration by evidence that all of the following are met: (a) The establishment, maintenance or operation of the special use will promote and enhance the general welfare and will not be detrimental to or endanger the public health, safety, morals, or comfort. (b) The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. (c) The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. (d) Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. (e) The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. 3. Conditions and Restrictions The Planning Commission may recommend and the City Council may impose such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with requirements specified in this ord- inance. In all cases in which special use permits are granted, the City Council may require such evidence and guarantees as it may deem necessary as part of the conditions stipulated in connec- tion therewith. 4. Resubmission No application for a special use permit which has been denied by the City Council shall be resubmitted for a period of twelve (12) months from the date of the final determination by the City Council; except that the applicant may set forth in writing newly discovered evidence of change of condition upon which he relies to gain the consent of the City Council for resubmission at an earlier time. 5. Revocation and Extension of Special Use Permits When a special use permit has been issued pursuant to the pro- visions of this ordinance, such permit shall expire without further action by the Planning Commission or the City Council unless the applicant or his assignee or successor commences work upon the sub- ject property within one year of the date the special use permit is granted, or unless before the expiration of the one year period the applicant shall apply for an extension thereof by filling out and submitting to the Secretary of the Planning Commission a "Special Use Permit" application requesting such extension and paying an additional fee of $15.00. Special use permits granted pursuant to the provisions of a prior ordinance of Brooklyn Center shall expire within one year of the effective date of this ordinance if construction upon the sub- ject property pursuant to such special use permit has not commenced within that time. In any instance where an existing and established special use is abandoned for a period of one year, the special use permit re- lated thereto shall expire one year following the date of abandon- ment. MI,NT=S OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION AUGUST 11, 1994 CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairperson Willson at 7:31 p.m. ROLL CALL Chairperson Tim Willson, Commissioners Debra Hilstrom, Mark Holmes, Robert Mickelson, Also present were the Secretary to the Planning Commission Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Ruth McLaurin. Commissioners Donald Booth and Diane Reem had indicated they could not attend this evening's meeting and were excused. APPROVAL OF MINUTES - JULY- 28 1994 There was a motion by Commissioner Hilstrom and seconded by Commissioner Mickelson to approve the minutes of the July 28, 1994, Planning Commission meeting as submitted, The motion passed with Commissioner Holmes abstaining. -CHAIRPERSON-S EXPLANATION Chairperson Willson explained the Planning Commission is an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO 94008 (64NOKA HENNEPIN COkfWN EDUCATION) Chairperson Willson introduced the first item of business, a request from Anoka- Hennepin Community Education requesting a Special Use Permit to operate a preschool program at the Lutheran Church of the Master, 1200 69th Avenue North. The Secretary presented the staff report, used overhead transparencies to show the location and detail (see Planning Commission Information Sheet for Application No. 94008, attached). Commissioner Holmes inquired if there were any noted problems with the previous Day Care located on this property. The Secretary indicated no noted problems had occurred with the previous Day Care operation. Commissioner Holmes questioned if there were State regulations to be followed. The Secretary noted the Department of Human Services would be licensing this operation. 8 -11 -94 1 Commissioner Hilstrom inquired if the current Preschool should leave, could a new Day Care with expanded services use the current permit or would a new special use permit be required. The Secretary indicated the incoming Day Care would need an amended special use permit with expanded services such as going beyond the maximum class size of 20. Chairperson Willson inquired about the apartment buildings east of the church. The Secretary indicated the church currently owns all three building and would like to obtain a permit to use the building closest to the church for full church. Discussion with the Lutheran Church of the Master is currently being held since this would require rezoning of the property. The other buildings are currently leased out to residents, the church is proposing eventually occupy all buildings for a church use. Chairperson Wilson inquired about the property tax effect this would have on the city, The Secretary indicated as long as the property is leased for residential occupancy it is not tax exempt. Once it is put to a church use it is tax exempt. PUBLIC HEARING IAPPLICATIQN NO 94008) Chairperson Wi llson asked for a motion to open the public hearing on the request from Anoka - Hennepin Community Education for a Special Use Permit to operate a preschool program at the Lutheran Church of the Master, 1200 69th Avenue at 7:47 P .m. There was a motion by Commissioner Hilstrom and seconded by Commissioner Mickelson to open the public hearing. The motion passed unanimously. Chairperson Willson asked if there was anyone P resent who wished to address the Commission. Marilyn Wolkerstorfer, representing the applicant that came forward. Commissioner Hilstrom questioned if there would be outdoor activities. Ms. Wolkerstorfer indicated there is a nearby park, but the session times are short and the program would be limited to mostly indoor play, she also indicate there is a gymnasium for their use. Commissioner Hilstrom inquired about snacks and the availability of the kitchen. Ms. Wolkerstorfer indicated the kitchen on the premises had been inspected and was approved, however the kitchen would be used mainly to store pre- packaged snacks brought by the parents. Commissioner Holmes inquired as to the number of staff. Ms. Wolkerstorfer indicated there would be one teacher and one assistant. Commissioner Holmes inquired as to busing. Ms. Wolkerstorfer indicated the parents are responsible for transportation. 5 -11.94 2 Commissioner Holmes questioned if the program followed the school calendar. Ms. Wolkerstorfer indicated the program is 31 weeks and would start September 12. Commissioner Holmes inquired if the teacher would be a stare certified teacher. Ms. Wolkerstorfer indicated the program does not require a state certified teacher, however, the teacher for this program holds a degree in Christian Education and is very qualified for the position. The Secretary inquired if the school board requires preschool for school entrance. Ms. Wolkerstorfer indicated it is not a requirement at this time, although it is a good idea. The Secretary indicated should it be required the program would see expansion. Ms. Wolkerstorfer inquired if the church would allow the use of the property for additional classes if the class size would stay at 20 students, would an additional permit be required. The Secretary indicated if no additional students were added to class there should be no problems. The Secretary added the permit would be subject to review if there would be an extensive expansion to the program. Ms. Wolkerstorfer inquired if the class sized changed to 40 students would a permit be required. The Secreta i ndicated d�cated review would q oui probably be necessary. rY p Y Chairperson Willson noted if any changes or future upgrades are proposed, Ms. Wolkerstorfer could forward her questions to the Secretary. Chairperson Willson called for any more questions for the applicant or for anyone else to speak at the public hearing. CLOSE PUBLI9 HF.,ARING 'there was a motion by Commissioner Hilstrom and seconded by Commissioner Mickelson to close the public hearing at 7:51 p.m. The motion passed unanimously. ACTIQN RECOMMENDING APPROVAL OF APPLICATION NO 94008 There was a motion by Commissioner Hilstrom and seconded by Commissioner Mickelson to recommend approval of Application No. 94008 submitted by Anoka- Hennepin Community Education for a Special Use Permit to operate a preschool program at the Lutheran Church of the Master, 1200 69th Avenue North, subject to the following conditions: 1. The Special Use Permit is issued for a preschool for up to 20 children at a time. Any expansion or alteration of the preschool operation will require an amendment to this Special Use Permit. 8 -11 -94 3 2. The preschool operation shall receive the proper licensing from the Minnesota Department of Human Services and a copy of the license shall be kept on file with the City. I The premises will be brought into compliance with all applicable state and local regulations relating to fire safety, health and building code standards for the preschool operation. 4. This Special Use Permit is subject to all other applicable codes, ordinances and regulations. Any violation thereof may be grounds for revocation. Voting in favor: Chairperson Willson, Commissioners Hilstrom, Holmes, and Mickelson. The motion passed unanimously. The Secretary noted that the application will be referred to the City Council at the August 22, 1994, meeting. The applicant is required to be present at the City Council meeting. If any changes or modifications are made to the plans prior to City Council consideration, they may have to be brought back before the Planning Commission for review. OTHER B ISIN .SS Commissioner Hilstrom indicated concern for n apartment artment buildin owned b the city t F g Y tY hat is abandoned. Commissioner Hilstrom drove by and noted people in the building, she notified the city, the following day it was boarded up, then a few days later the property was open again. Commissioner Hilstrom's concern was for injuries sustained by trespassers and liabilities of the city. The Secretary noted the police have been notified and the property is policed as much as possible. The Secretary also indicated the property is to be demolished by the end of August. The Secretary reviewed briefly items of upcoming issues for the commission. ADJOURNMENT There was a motion by Commissioner yfickelson and seconded by Commissioner Hilstrom to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 8:10 p.m. Chairperson Recorded and transcribed by: Ruth McLaurin TimeSaver Off Site Secretarial 8 -11 -94 4 Council Meeting Date D — 2 2' ` 9 City of Br oo klyn Center Agenda Item Number Za Qr Request For Council Consideration Item Description: AUDITOR RFP Department Approval: ov ;� Tim 7o son, Asst. Finance Director Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Summary Explanation: (supplemental sheets attached Yes ) Attached for discussion at the City Council's request is a draft Request for Proposals (RFP) for audit services. Recommended City Council Action: • Review / discuss / amend the draft RFP for i i services and t ng se ces and direct staff on a desired plan of action. • CITY OF BROOKLYN CENTER AUDIT COMMITTEE REQUEST FOR PROPOSALS FOR PROFESSIONAL AUDITING SERVICES AUGUST 22, 1994 CITY OF BROOKLYN CENTER 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MN 55430 S TABLE OF CONTENTS I. INTRODUCTION A. General Information B. Term of Engagement II. NATURE OF SERVICES REQUIRED A. General B. Scope of Work to be Performed C. Auditing Standards to be Followed D. Reports to be Issued E. Special Considerations F. Working Paper Retention and Access to Working Papers III. DESCRIPTION OF THE GOVERNMENT A. Name and Telephone Number of Contact Persons /Organizational Chart /Location of Offices B. Background Information C. Fund Structure D. Budgetary Basis of Accounting E. Federal and State Financial Assistance F. Pension Plans G. Component Units H. Joint Ventures I. Magnitude of Finance Operations J. Computer Systems K. Availability of Prior Reports and Working Papers I IV. TIME REQUIREMENTS A. Proposal Calendar B. Proposed Schedule for the 1994 Fiscal Year Audit 1. Interim Work 2. Detail Audit Plan 3. Fieldwork 4. Draft Reports 5. Final Reports 6. Presentation to the City Council V. ASSISTANCE TO BE PROVIDED TO THE AUDITOR AND REPORT PREPARATION A. Finance Department and Clerical Assistance B. Electronic Data Processing (EDP) Assistance C. Statements and Schedules to be Prepared by the Staff of the City of Brooklyn Center ' D. Work Area, Telephone, Photocopying and FAX Machines E. CAFR Preparation VI. PROPOSAL REQUIREMENTS A. General Requirements 1. Inquiries 2. Submission of Proposals B. Technical Proposal 1. General Requirements 2. Independence 3. License to Practice in Minnesota 4. Firm Qualifications and Experience 5. Partner, Supervisory and Staff Qualifications and Experience 6. Prior Engagements with the City of Brooklyn Center 7. Similar Engagements with Other Government Entities 8. Specific Audit Approach 9. Identification of Anticipated Potential Audit Problems C. Sealed Dollar Cost Bid 1. Total All- Inclusive Maximum Price 2. Rates by Partner, Specialist, Supervisory and Staff Level Times Hours Anticipated for Each 3. Out -of- pocket Expenses in the Total All - inclusive Maximum Price and Reimbursement Rates 4. Rates for Additional Professional Services 5. Manner of Payment VII. EVALUATION PROCEDURES A. Audit Committee B. Proposal Evaluation and Contract Award C. Contract Negotiations APPENDIX CITY OF BROOKLYN CENTER REQUEST FOR PROPOSALS I. INTRODUCTION A. General Information The City of Brooklyn Center is requesting proposals from qualified firms of certified public accountants to audit its financial statements for the fiscal year ending December 31, 1994, with the option of auditing its financial statements for each of the two subsequent fiscal years. These audits are to be performed in accordance with generally accepted auditing standards, the standards set forth for financial audits in the General Accounting Office's (GAO) Government Auditing Standards (1988), the provisions of the federal Single Audit Act of 1984 and U.S. Office of Management and Budget (OMB) Circular A- 128, Audits of State and Local Governments as well as the provisions of the Minnesota Legal Compliance Audit Guide for Local Government promulgated by the Legal Compliance Task Force pursuant to MN Statute 6.65. There is no. expressed or implied obligation for the City of Brooklyn Center to reimburse responding firms for any expenses incurred in preparing proposals in response to this request. To be considered, a proposal must be received by Sharon Knutson, Deputy City Clerk, at the City of Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430 by 4:30 p.m. on September 19, 1994. The City of Brooklyn Center reserves the right to reject any or all proposals submitted. Proposals submitted will be evaluated by an Audit Committee selected by the City Council, consisting of Financial Commission Members and City Staff. This committee will make recommendations to the City Manager. The City Manager will review the committee's recommendations and will recommend to the City Council no more than three firms as finalists for City Council consideration. During the evaluation process, the Audit Committee and the City of Brooklyn Center reserve the right, where it may serve the City of Brooklyn Center's best interest, to request additional information or clarifications from proposers, or to allow corrections of errors or omissions. At the discretion of the City of Brooklyn Center or the Audit Committee, firms submitting i 1 proposals may be requested to make oral presentations as part of the evaluation process. The City of Brooklyn Center reserves the right to retain all proposals submitted and to use any ideas in a proposal regardless of whether that proposal is selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in this request for proposals, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City of Brooklyn Center and the firm selected. It is anticipated the selection of a firm will be completed by November 1994. Following the notification of the selected firm it is expected a contract will be executed between both parties by November 1994. B. Term of Engagement A three -year contract is contemplated, subject to the satisfactory negotiation of terms (including a price acceptable to both the City of Brooklyn Center and the selected firm), the concurrence of the City Council and the annual availability of an appropriation. II. NATURE OF SERVICES REQUIRED A. General The City of Brooklyn Center is soliciting the services of qualified firms of certified public accountants to audit its financial statements for the fiscal year ending December 31, 1994, with the option to audit the City of Brooklyn Center's financial statements for each of the two subsequent fiscal years. These audits are to be performed in accordance with the provisions contained in this request for proposals. B. Scope of Work to be Performed The City of Brooklyn Center desires the auditor to express an opinion on the fair presentation of its general purpose financial statements in conformity with generally accepted accounting principles. The auditor is not required to audit the combining and individual fund and account group financial statements and supporting schedules. However, the auditor is to provide an "in- relation -to" report on the combining and individual fund financial statements and supporting 2 schedules based on the auditing procedures applied during the audit of the general purpose financial statements. The auditor is not required to audit the statistical section of the report. The auditor is not required to audit the schedule of federal financial assistance. However, the auditor is to provide an "in- relation -to" report on that schedule based on the auditing procedures applied during the audit of the financial statements. C. Auditing Standards To Be Followed To meet the requirements of this request for proposals, the audit shall be performed in accordance with generally accepting auditing standards as set forth by the American Institute of Certified Public Accountants, the standards for financial audits set forth in the U.S. General Accounting Office's Government Auditing Standards (1988), the provisions of the Single Audit Act of 1984 and the provisions of U.S. Office of Management and Budget (OMB) Circular A -128, Audits of State and Local Governments as well as the provisions of the Minnesota Legal Compliance Audit Guide for Local Government promulgated by the Legal Compliance Task Force pursuant to MN Statute 6.65. D. Reports to be Issued Following the completion of the audit of the fiscal year's financial statements, the auditor shall issue: 1. A report on the fair presentation of the financial statements in conformity with generally accepted accounting principles. 2. A report on the internal control structure based on the auditors' understanding of the control structure and assessment of control risk. 3. A report on compliance with applicable laws and regulations. 4. An "in- relation -to" report on the schedule of federal financial assistance. 5. A report on the internal control structure used in administering federal financial assistance programs. 3 I 6. A report on compliance with specific requirements applicable to major and nonmajor federal financial assistance programs. 7. A report on compliance with general requirements for both major and nonmajor federal financial assistance programs. In the required reports on internal controls, the auditor shall communicate any reportable conditions found during the audit. A reportable condition shall be defined as a significant deficiency in the design or operation of the internal control structure, which could adversely affect the organization's ability to record, process, summarize and report financial data consistent with the assertions of management in the financial statements. Reportable conditions that are also material weaknesses shall be identified as such in the report. Nonreportable conditions discovered by the auditors shall be reported in a separate letter to management, which shall be referred to in the report on internal controls. The report on compliance shall include all material instances of noncompliance. All nonmaterial instances of noncompliance shall be reported in a separate management letter, which shall be referred to in the report on compliance. Irregularities and illegal acts. Auditors shall be required to make an immediate, written report of all irregularities and illegal acts or indications of illegal acts of which they become aware to the City Council, City Manager, and Finance Director. E. Special Considerations 1. The City of Brooklyn Center will send its comprehensive annual financial report to the Government Finance Officers Association of the United States and Canada for review in their Certificate of Achievement for Excellence in Financial Reporting program. It is anticipated that the auditor will be required to provide special assistance to the City of Brooklyn Center to meet the requirements of that program. 4 2. The schedule of federal financial assistance and related auditor's report, as well as the reports on the internal controls and compliance are not to be included in the comprehensive annual financial report, but are to be issued separately. 3. A list of findings and other weaknesses from the City of Brooklyn Center's most recent financial statement audit and management's response are attached to this document (Appendix A). 4. Difficulties are anticipated in implementing and complying with the following specific reporting requirements recently mandated by the GASB: G.A.S.B. Statement No. 20 Accountin g and Financial Reporting for Proprietary Funds and I P g p Y other Government Entities that use Proprietary Fund Accounting. The City of Brooklyn Center may require the auditor's assistance to comply with these reporting requirements. F. Working Paper Retention and Access to Working Papers All working papers and reports must be retained, at the auditor's expense, for a minimum of three (3) years, unless the firm is notified in writing by the City of Brooklyn Center of the need to extend the retention period. The auditor will be required to make working papers available, upon request, to the following parties: -City of Brooklyn Center -U.S. General Accounting Office (GAO) - Parties designated by the federal or state governments or by the City of Brooklyn Center as part of an audit quality review process - Auditors of entities of which the City of Brooklyn Center is a subrecipient of grant funds In addition, the firm shall respond to the reasonable inquiries of successor auditors and allow successor auditors to review working papers relating to matters of continuing accounting significance. 5 III. DESCRIPTION OF THE GOVERNMENT A. Name and Telephone Number of Contact Persons /Organizational Chart /Location of Offices The auditor's principal contact with the City of Brooklyn Center will be Charlie Hansen, Director of Finance, or a designated representative, who will coordinate the assistance to be provided by the City of Brooklyn Center to the auditor. An organizational chart (Appendix B) and a list of key personnel(Appendix C) are attached. B. Background Information The City of Brooklyn Center serves an area of eight and one half square miles with a population of 28,533. The City of Brooklyn Center's fiscal year begins on January 1 and ends on December 31. The City of Brooklyn Center provides the full range of municipal services contemplated by statute or charter. This includes public safety (police and fire), streets, sanitation, health and social services, culture - recreation, public improvements, planning and zoning, and general administrative services. The City also operates three off -sale liquor stores, a public water and sewer utility, a golf course, and a convention center known as the Earle Brown Heritage Center. The City of Brooklyn Center has a total payroll of approximately $8 million covering 145 full -time and 165 part time employees. The City of Brooklyn Center is organized into six departments. The accounting and financial reporting functions of the City of Brooklyn Center are centralized. More detailed information on the government and its finances can be found in the Annual Budget and Comprehensive Annual Financial Report. These documents are available for review upon request and are located at: City of Brooklyn Center Department of Finance 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 (612) 569 -3300 6 C. Fund Structure The City of Brooklyn Center uses the following fund types and account groups in its financial reporting: Number of Number With Individual Legally Adopted Fund Type /Account Group Funds Annual Budgets General fund 1 1 Special revenue funds 3 3 Debt service funds 6 - Capital projects funds 5 2 Enterprise funds 7 1 Internal service funds 2 1 Expendable trust funds - - Nonexpendable trust funds - - Pension trust funds 1 - Agency funds 1 - General fixed assets account group 1 NA General long -term debt account group 1 NA D. Budgetary Basis of Accounting The City of Brooklyn Center prepares its budgets on a basis consistent with generally accepted accounting principles. E. Federal and State Financial Assistance A list of the financial assistance received in 1993 from Federal Programs is attached to this document (Appendix D). F. Pension Plans The City of Brooklyn Center participates in the following pension plans: Multiple - Employer Single- Employer Cost- Defined Defined Plan Sharing Agent Benefit Contrib PERA X Brooklyn Center Fire Department Relief Assoc. X 7 G. Component Units The City of Brooklyn Center is defined, for financial reporting purposes, in conformity with the Governmental Accounting Standards Board's Codification of Governmental Accounting and Financial Reporting Standards Section 2100. Using these criteria, there are no discretely presented component units and two blended component units. The blended component units are to be audited as part of the audit of the City of Brooklyn Center's financial statements and have the same fiscal year end as the City. The two blended component units are the Brooklyn Center Economic Development Authority and Housing and Redevelopment Authority of which the governing boards are the City Council. H. Joint Ventures The City of Brooklyn Center does participate in joint ventures with other governments. NAME OF NAME OF OTHER TYPE OF JOINT VENTURE PARTICIPATING GOVERNMENT (S) SERVICES PROVIDED LOGIS 20 Government Entities Data Processing LOGIS Insurance 45 Government Entities Health & Life Group Insurance Benefits I. Magnitude of Finance Operations The finance department is headed by Charlie Hansen, Director of Finance, and consists of nine employees including the Finance Director. The principal functions performed and the number of employees assigned to each are as follows: Function Number of Employees General Accounting, Budgeting 3 Payroll 1 Accounts Payable /Receivable 2 Utility Billing 2 Management Information Systems 1 8 J. Computer Systems Hardware Type of Equipment Number Make of Equipment Networked? 386/486 Personal Computers 9 Various Yes Software Vendor Major Applications LOGIS /BI -TECH Interactive Fund Accounting System LOGIS/CORT Payroll LOGIS Utility Billing LOGIS Liquor Inventory Control System LOGIS Fixed Asset WordPerfect Word Processing Excel /Lotus Spreadsheets Microsoft Windows Application Management K. Availability of Prior Audit Reports and Working Papers Interested proposers who wish to review prior years' audit reports and management letters should contact Charlie Hansen at 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430, (612) 569 -3300. The City of Brooklyn Center will use its best efforts to make prior audit reports and supporting working papers available to proposers to aid their response to this request for proposals. IV. TIME REQUIREMENTS A. Proposal Calendar The following is a list of key dates up to and including the date proposals are due to be submitted: Request for proposal issued August 22, 1994 Due date for proposals Sept. 19, 1994 Oral presentations October 1994 Selected firm notified November 1994 Contract date November 1994 9 B. Proposed schedule for the 1994 Fiscal Year Audit (A similar time schedule will be developed for audits of future fiscal years if the City of Brooklyn Center exercises its option for additional audits). 1. Interim Work January 1995 2. Detailed Audit Plan The auditor shall rovide City of Brooklyn Center P Y Y by March 1, 1995 both a detailed audit plan and a list of all schedules to be prepared by the City of Brooklyn Center. 3. Fieldwork March 20 - April 14, 1995 4. Draft Reports The Finance Department shall prepare draft financial statements, notes and all required supplementary schedules and statistical data by May 5, 1995. The auditor shall provide all recommendations, revisions and suggestions for improvement to the Finance Director by May 26, 1995.: 5. Final Report The final report and 100 signed copies should be delivered to the Finance Director by May 31, 1995. 6. Presentation to the City Council June 12, 1995 V. ASSISTANCE TO BE PROVIDED TO THE AUDITOR AND REPORT PREPARATION A. Finance Department and Clerical Assistance The finance department staff and responsible management personnel will be available during the audit to assist the firm by providing information, documentation and explanations. The preparation of confirmations will be the responsibility of the City of Brooklyn Center. B. Electronic Data Processing (EDP) Assistance Finance Department personnel will be available to provide systems documentation and explanations. The auditor will not be provided computer time and the use of the City of Brooklyn Center's computer hardware and 0 software. 10 C. Statements and Schedules to be Prepared by the Staff of the City of Brooklyn Center A list of schedules and statements the City staff will prepare is attached (Appendix E). D. Work Area, Telephones, Photocopying and FAX Machines The City of Brooklyn Center will provide the auditor with reasonable work space, desks and chairs. The auditor will also be provided with access to a telephone, photocopying facilities and a FAX machine. E. CAFR Preparation CAFR preparation, editing and printing shall be the responsibility of the City of Brooklyn Center. VI. PROPOSAL REQUIREMENTS A. General Requirements 1. Inquiries Inquiries concerning the request for proposals and the subject of the request for proposals must be made to: Charlie Hansen, Finance Director 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 (612) 569 -3300 In order to ensure a fair review and selection process, firms submitting proposals are specifically requested not to make other contacts to the City Staff or Council Members regarding these proposals. 2. Submission of Proposals The following material is required to be received by 4:30 p.m. on September 19, 1994 for a proposing firm to be considered: a. The Technical Proposal should include the following: i. Title Page Title page showing the request for 11 proposals subject; the firm's name; the name, address and telephone number of the contact person; and the date of the proposal. ii. Table of Contents Transmittal Letter A signed letter of transmittal briefly stating the proposer's understanding of the work to be done, the commitment to perform the work within the time period, a statement why the firm believes itself to be best qualified to perform the engagement and a statement that the proposal is a firm and irrevocable offer for a stated period of time. iv. Detailed Proposal The detailed proposal should follow the order set forth in Section VI B of this request for proposals. b. The proposer shall submit a dollar cost bid and the completed proposal in a sealed envelope marked as follows: SEALED DOLLAR COST BID PROPOSAL FOR CITY OF BROOKLYN CENTER FOR PROFESSIONAL AUDITING SERVICES B. Technical Proposal 1. General Requirements The purpose of the Technical Proposal is to demonstrate the qualifications, competence and capacity of the firms seeking to undertake an independent audit of the City of Brooklyn Center in conformity with the requirements of this request for proposals. As such, the substance of proposals will carry more weight than their form or manner of presentation. The Technical Proposal should demonstrate the qualifications of the firm and of the particular staff to be assigned to this engagement. It should also specify an audit approach that will meet the request for proposals requirements. 12 THERE SHOULD BE NO DOLLAR UNITS OR TOTAL COSTS INCLUDED IN THE TECHNICAL PROPOSAL DOCUMENT The Technical Proposal should address all the points outlined in the request for proposals (excluding any cost information which should only be included in the dollar cost bid). The Proposal should be prepared simply and economically, providing a straightforward, concise description of the proposer's capabilities to satisfy the requirements of the request for proposals. Any other information that the proposer wishes to include for evaluation and consideration by the City as part of the proposal may also be included. 2. Independence The firm should provide an affirmative statement that is independent of the City of Brooklyn Center as defined by generally accepted auditing standards /the U.S. General Accounting Office's Government Auditing Standards (1988). The firm also should provide an affirmative statement that it is independent of all of the component units of the City of Brooklyn Center as defined by those same standards. 3. License to Practice in Minnesota An affirmative statement should be included that the firm and all assigned key professional staff are properly registered to practice in Minnesota. 4. Firm Qualifications and Experience The proposer should state the size of the firm, the size of the firm's governmental audit staff, the location of the office from which the work on this engagement is to be performed and the number and nature of the professional staff to be employed in this engagement on a full -time basis and the number and nature of the staff to be so employed on a part -time basis. If the proposer is a joint venture or consortium, the qualifications of each firm comprising the joint venture or consortium should be separately identified and the firm that is to serve as the principal auditor should be noted, if applicable. The firm is also required to submit a copy of the report on its most recent external quality control 13 review, with a statement whether that quality control review included a review of specific government engagements. The firm shall also provide information on the results of any federal or state desk reviews or field reviews of its audits during the past three (3) years. In addition, the firm shall provide information on the circumstances and status of any disciplinary action taken or pending against the firm during the past three (3) years with state regulatory bodies or professional organizations. 5. Partner, Supervisory and Staff Qualifications and Experience Identify the principal supervisory and management staff, including engagement partners, managers, other supervisors and specialists, who would be assigned to the engagement. Indicate whether each such person is registered or licensed to practice as a certified public accountant in Minnesota. Provide information on the government auditing experience of each person, including information on relevant continuing professional education for the past three (3) years and membership in professional organizations relevant to the performance of this audit. Provide as much information as possible regarding the number, qualifications, experience and training, including relevant continuing professional education, of the specific staff to be assigned to this engagement. Indicate how the quality of staff over the term of the agreement will be assured. The proposer should identify the extent to which staff to be assigned to the audit reflect the City of Brooklyn Center's commitment to Affirmative Action. Engagement partners, managers, other supervisory staff and specialists may be changed if those personnel leave the firm, are promoted or are assigned to another office. These personnel may also be changed for other reasons with the express prior written permission of the City of Brooklyn Center. However, in either case, the City of Brooklyn Center retains the right to approve or reject replacements. 14 Consultants and firm specialists mentioned in response to this request for proposal can only be changed with the express prior written permission of the City of Brooklyn Center, which retains the right to approve or reject replacements. Other audit personnel may be changed at the discretion of the proposer provided that replacements have substantially the same or better qualifications or experience. 6. Prior Engagements with the City of Brooklyn Center List separately all engagements within the last five years, ranked on the basis of total staff hours, for the City of Brooklyn Center by type of engagement (i.e., audit, management advisory services, other). Indicate the scope of work, date, engagement partners, total hours, the location of the firm's office from which the engagement was performed, and the name and telephone number of the principal client contact. 7. Similar Engagements With Other Government Entities For the firm's office that will be assigned responsibility for the audit, list the most significant engagements (maximum - 5) performed in the last five years that are similar to the engagement described in this request for proposal. These engagements should be ranked on the basis of total staff hours. Indicate the scope of work, date, engagement partners, total hours, and the name and telephone number of the principal client contact. Also, please indicate whether the government entities prepare a comprehensive annual financial report and whether they have received GFOA's Certificate of Achievement for Excellence in Financial Reporting. 8. Specific Audit Approach The proposal should set forth a work plan, including an explanation of the audit methodology to be followed, to perform the services required in Section II of this request for proposal. In developing the work plan, reference should be made to such sources of information as City of Brooklyn Center's budget and related materials, . organizational charts, manuals and programs, and financial and other management information systems. 15 Proposers will be required to provide the following information on their audit approach: a. Proposed segmentation of the engagement. b. Level of staff and number of hours to be assigned to each proposed segment of the engagement. NO DOLLARS SHOULD BE INCLUDED IN THE TECHNICAL PROPOSAL C. Sample size and the extent to which statistical sampling is to be used in the engagement. d. Extent of use of EDP software in the engagement. e. Type and extent of analytical procedures to be used in the engagement. f. Approach to be taken to gain and document an understanding of the City of Brooklyn Center's internal control structure. g. Approach to be taken in determining laws and regulations that will be subject to audit test work. h. Approach to be taken in drawing audit samples for purposes of tests of compliance. 9. Identification of Anticipated Potential Audit Problems The proposal should identify and describe any anticipated potential audit problems, the firm's approach to resolving these problem and any special assistance that will be requested from the City of Brooklyn Center. C. Sealed Dollar Cost Bid 1. Total All - Inclusive Maximum Price The sealed dollar cost bid should contain all pricing information relative to performing the audit engagement as described in this request for proposal. The total all- inclusive maximum price to be bid is to contain all direct and indirect costs including all out -of- pocket expenses. 16 The City of Brooklyn Center will not be responsible for expenses incurred in preparing and submitting the technical proposal or the sealed dollar cost bid. Such costs should not be included in the proposal. The first page of the sealed dollar cost bid should include the following information: a. Name of Firm b. Certification that the person signing the proposal is entitled to represent the firm, empowered to submit the bid, and authorized to sign a contract with the City of Brooklyn Center. C. A Total All - Inclusive Maximum Price for the 1994 engagement. 2. Rates by Partner, Specialist Supervisory and Staff Level Times Hours Anticipated i ipated for Each The sealed dollar cost bid should include a schedule of professional fees and expenses that supports the total all - inclusive maximum price. I The cost of special services described in Section I E of this request for proposal should be disclosed as separate components of the total all - inclusive maximum price. 3. Out -of- pocket Expenses Included in the Total All - inclusive Maximum Price and Reimbursement Rates Out -of- pocket expenses for firm personnel (e.g., travel, lodging and subsistence) will be reimbursed at the rates used by the City of Brooklyn Center for its employees. All estimated out -of- pocket expenses to be reimbursed should be presented as part of the sealed dollar cost bid. All expense reimbursements will be charged against the total all - inclusive maximum price submitted by the firm. 4. Rates for Additional Professional Services If it should become necessary for City of Brooklyn Center to request the auditor to render any additional services to either supplement the services requested in this RFP or to perform additional work as a result of the specific recommendations included in any report issued on 17 this engagement, then such additional work shall be performed only if set forth in an addendum to the contract between City of Brooklyn Center and the firm. Any such additional work agreed to between City of Brooklyn Center and the firm shall be performed at the same rates set forth in the schedule of fees and expenses included in the sealed dollar cost bid. 5. Manner of Payment Progress payments will be made on the basis of hours of work completed during the course of the engagement and out -of- pocket expenses incurred in accordance with the firm's dollar cost bid proposal. Interim billing shall cover a period of not less than a calendar month. VII. EVALUATION PROCEDURES A. Audit Committee Proposals submitted will be evaluated by an Audit Committee selected by the City Council, consisting of Financial Commission Members and City Staff. This committee will make recommendations to the City Manager. The City Manager will review the committee's recommendations and will recommend to the City Council no more than three firms as finalists for City Council consideration. B. Proposal Evaluation and Contract Award 1. The City intends to award a contract to the proposer evaluated to be best qualified to perform the work for the City, cost, and other factors considered. 2. During the evaluation process, the Audit Committee may, at its discretion, request any one or all firms to make oral presentations. Such presentations will provide firms with an opportunity to answer any questions the Audit Committee may have on a firm's proposal. Not all firms may be asked to make such oral presentations. 3. Based upon the evaluation, the City Manager will recommend to the city council the selection of the firms judged to be the most responsive and responsible proposers. The actual selection of 18 the firm and contract award will be made by the city council. 4. The City shall not be liable for any expenses incurred by the proposer including, but not limited to, expenses associated with the preparation of the proposal, preparation of a cost proposal or final contract negotiations. 5. The City of Brooklyn Center reserves the right to reject any and all proposals or to request additional information from all proposers. C. Contract Negotiations Notwithstanding contract award the City reserves the g Y right to negotiate the final terms and conditions of the contract to be executed. Should the City and the proposer to whom the contract is recommended to be awarded be unable to mutually agree upon the entire contract, the City reserves the right to discontinue negotiations, select another proposer or reject all the proposals. Upon completion of negotiations agreeable to the City and the proposer, a contract shall be executed. COST WILL NOT BE THE PRIMARY FACTOR IN THE SELECTION OF AN AUDIT FIRM 19 Appendix A Page 1 ADMINISTRATIVE AND OPERATING MATTERS Cash Collateralization: Observation: Minnesota State Statute 118.01 Subdivision 2 stipulates that the City's depository institution must collateralize deposits in excess of FDIC insurance coverage. Such collateral must have a fair market value of at least 110% of the amount of excess deposits if collateralized by qualified investments other than notes secured by first mortgages. At December 31, 1993, the City's deposits appeared to be adequately collateralized. However, on three of the four dates we selected when the City had large cash deposits, we found collateral pledged by the City's depository institution to be less than 1100 of the City's excess deposits. The collateral deficiency on the dates selected was corrected within one to two days. Recommendation: We recommend the City closely monitor the adequacy of collateral on hand throughout the year, particularly when large deposits are made. Uncollected Property Taxes: Observation: 0 In recent years, tax abatements and delinquencies have caused the City to experience significant shortfalls in its property tax collections, compared to the amounts originally certified. These shortfalls have ranged from 2.42% to 7.4-496 in the last four years. In adopting the 1994 budget, 'the City incorporated a 2% estimated uncollectible allowance into the tax levy. In other words, the City certified an amount to Hennepin County that was 2% more than the amount recognized in the budget. Recommendation: We recommend the City continue to monitor the level of tax abatements and delinquencies and consider increasing the estimated uncollectible allowance (e.g., 3% for the 1995 budget and 4±% for the 1996 budget) if the adverse experience continues. General Fund Programs: As state revenue sources are decreased, the State will be looking at cities' financial conditions in an effort to cut state spending. This procedure has already been implemented with school districts whereby the State looked at fund balances, particularly in the general fund, as an area to potentially decease funding. The general fund of the City has a positive fund balance of 5 4 1 .6 million as of December 31, 1993 which is approximately 47% of general fund expenditures, as compared to S5 million and 52% for L 1992. The decrease resulted from the transfer of assets to establish the Internal Service - Central Garage Fund to account for the acquisition and maintenance of city vehicles. However, several Appendix A Page 2 programs remain in the fund which directly or indirectly benefit the community or the City as a whole. These programs could be transferred to other fund types such as enterprise, special revenue, or internal service, where applicable. Recommendation: To avoid possible future funding decreases from the State, the City should consider moving additional programs into other funds. The City should also consider establishing internal service funds for data processing and other central services and an enterprise fund for recreation programs. These transfers would help decrease the overall general fund balance and more accurately reflect the nature of the programs. Worker's Compensation Self Insurance: Observation: Some cities self- insure for certain types of risk (i.e. worker's compensation) up to certain limits and, as a result, have experienced savings compared to purchasing standard insurance policies. However, such a program also exposes the City to higher risk and administrative work. Even with a safety program, years with high losses will occur. Settling claims with employees can become very personal, controversial, and time consuming if handled by City staff. Despite these problems, the potential savings make this worth considering and it presents another opportunity to transfer assets from tqe General Fund to.set up a reserve in the Self- insurance Fund. Recommendation: We r n recommend the City consider the costs/benefits of a self - insurance program for worker's compensation. Such a program could be established by implementing the following procedures: 1. Contract with a third party administrator to gain insurance expertise and objectivity in settling claims. 2. Have the third party administrator calculate a reserve reauirement and transfer that amount from the General Fund to se*. up the Self- Insurance Internal Service Fund - 3. Charge the various funds the same worker's compensation rates that an insurance company would until several years experience are gained to justify lowering them. Governmental Accounting Standards Board Statement No. 20: Observation: The Goverrmental Accounting Standards Board (GASB) issued Statement No. 20, Accounting and Financial Reporting for Proprietary Funds and Other Governmental Entities i nat Use Fro ?rietarl Fund Accounting. This statement requires that in 1994, the City adopt in its proprietary funds all FASB Statements and Interpretations, APB Opinions, and Accounting Research Bulletins issued an or before November 30, 1989, unless they conflict with or contradict GASB pronouncements. The Cit,r may also elect to adopt all such pronouncements issued after November 30, 1989, if it desires. Appendix A Page 3 Recommendation: The City currently follows all applicable guidance issued before November 30,1939. The City should consider whether to elect adoption of the pronouncements issued after November 30, 1989. Appendix A Page 4 STATUS OF PRIOR -YEAR RECOMMENDATIONS Cash and Investments -LWanagement In 1992, significant investments were included in Custodial Credit Risk Category 3, the greatest level of custodial risk. In 1993, the City entered into a trust arrangement and all investments currently qualify as Category 1. Cash Collateralization: The comment is repeated in the current -year letter. Submission of Outstanding Obligations to Hennepin County: In 1992, the report was submitted after the due date. In 1993, the report was submitted prior to the due date. Obtainment of Performance Bonds: In 1992, it was noted that a performance bond was not obtained for a fire engine contract. No instances of noncompliance were noted in 1993. L0GIS: In 1992, it was recommended that an audit of the general computer controls of LOGIS be requested. The City is currently considering the cost benefit of such an audit. General Fund Programs: The comment is repeated in the current -year letter. General accounting Standards Board Statement No. 14, The Financial Reporting Entity: Requirements relating to the statement were implemented in the 1993 CAFR. Appendix A Page 5 MEMORANDUM TO: Mayor Todd Paulson Councilmember Celia Scott Councilmember Dave Rosene Councilmember Barbara Kalligher Councilmember Kristen Mann FROM: Charles Hansen, Finance Director DATE: July 14, 1994 RE: RESPONSES TO THE AUDITOR'S MANAGEMENT LETTER CASH COLLATERALIZATION: Marquette Bank Brookdale maintains a level of pledged collateral sufficient to cover the balance in the City's account at all times except when tax settlements from Hennepin County are deposited. After a tax settlement is deposited at Marquette, it takes a day for them to collect the money through the banking system. We are then able to purchase investments the next day. After this comment appeared in last year's management letter, I called Marquette prior to each tax settlement and asked them to pledge additional collateral for the time that the extra money was in our account. This didn't work out for various reasons. From now on, I will hand carry the settlement check to First Bank's downtown office where we purchase our investments. This should eliminate the need for the money to sit in an account overnight. Hennepin Count has advised me that in the n ear future P Y they will begin to wire transfer tax et e s dements to cities. This will eliminate the ne for hand carrying checks to th �' � e downtown bank. UNCOLLECTED PROPERTY TAXES: The City Assessor, Mark Parish closely monitors the e num g brand ma nitude of ro ert tax appeals that are tiled. The tax appeals P Y PP ppeals are comin in at a rate similar to recent years, but there has been a noticeable slow down in the granting of abatements by the tax court. That information, along with the first half 1994 tax settlement we received on Jul 6 give us a good indication of the sho Y � � ort all we will experience this year. By doubling the first half collections, we get a good estimate of what our total collections for the ear will be. This estimate i Y s $5,688,68 for the General Fund, E.D.A Fund and H.R.A. Fund. That equals 94.47o of the $6,017,071 levied for those three funds. This is better than the 92.6 collection rate for 1993, but still is far short of our budget. i In the 1994 Budget, provision was made for a 2% estimated uncollectible allowance for property taxes. We didn't expect this to be sufficient, but felt it was all the 1994 tax levy could stand. In light of the actual 1994 collections, we concur with the auditor's recommendation to increase the estimated uncollectible allowance to 3% for the 1995 tax levy. Appendix A Page 6 GENERAL FUND PROGRAMS: The city transferred the vehicle maintenance department to an internal service fund as part of the 1994 budget. This improves our cost accounting and facilitates a program budget, while moving a substantial part of the General Fund's fund balance to the internal service fund. The staff is investigating other possible transfers from the General Fund, but doesn't feel the recreation programs are a good candidate for an enterprise fund. When we did the transfer to set up the Central Garage Fund, there wasn't time to adequately analyze the size of the needed transfer. We based the transfer upon the depreciation on the historical cost of the vehicles which would have been charged if they had been in a Central Garage Fund all along. No provision was made for inflation in vehicle prices since they were last purchased. No provision was made for the fact that we now pay 6.5 % sales tax, but didn't pay that tax on most vehicles now in the fleet. We are doing that calculation now and would like to come back to the City Council with a report this summer recommending a further transfer from the General Fund to the Central Garage Fund for past inflation in vehicle prices. This would meet the Auditor's recommendation to get money out of the General Fund while also correcting the Central Garage's funding level. WORKER'S COMPENSATION SELF INSURANCE: The staff has had some very preliminary discussions of this concept with the City's insurance advisors. We believe there is merit and good potential to the concept. If the idea is pursued, the auditor's recommendations for hiring an outside administrator and charging the same worker's compensation rates that an insurance company would will be critically important to the success of the program. GOVERNMENT ACCOUNTING STANDARDS BOARD STATEMENT NO. 20: The city is in compliance with all Government Accounting Standards Board statements and pronouncements now in effect. We will comply with all future statements and pronouncements as they become effective. ORGANIZATION CHART COUNCIL-MANAGER PLAN City of Brooklyn Center, Minnesota ADVISORY CHARTER Various Ad Hoc Committee COMMISSION ELECTORATE appointed b district court ADVISORY Housing Commission CITY ATTORNEY -_ J: ADVISORY CITY Human Rights & Resources Commission COUNCIL ADVISORY Financial Commission ADVISORY .__ Parks & Recreation Commission CITY PERSONNEL COORDINATOR MANAGER CITY CLERK ADVISORY Planning Commission DIRECTOR DIRECTOR CHIEF Finance CHIEF DIRECTOR Community Department Volunteer Public Fire Police Development City Deparimen( Department Services Treasurer Department Liq uor Management q Information Emergency Stores Preparedness Systems Inspections Earle Brown Assessing Planning Heritage Recreation Golf Government Public Zoning Center Maintenance Buildings Engineering Street Programs Course Division Division utilities x Community Division Division Division � Center Centerbrook I Appendix C City of Brooklyn Center CITY OFFICIALS As of August 22, 1994 ELECTED OFFICIALS Term of Office Term Expires Mayor Todd Paulson Four Years 12/31/94 Councilmember Celia Scott Four Years 12/31/94 Councilmember David Rosene Four Years 12/31/94 Councilmember Barbara Kalligher Four Years 12/31/96 Councilmember Kristen Mann Four Years 12/31/96 APPOINTED OFFICIALS City Manager Gerald G. Splinter City Clerk Gerald G. Splinter City Treasurer Charles R. Hansen City Attorney Holmes & Graven City Prosecutor Carson & Clelland Department Heads: Finance Charles R. Hansen Public Services Diane Spector Police Trevor Hampton Fire /Emergency Preparedness Ronald Boman Community Development Brad Hoffman Asst. City Manager /Personnel Coordinator Nancy Gohman City Engineer Mark Maloney Assessor Mark Parish Public Works Superintendent Dave Peterson Health Officer Duane Orn, M.D. Fire Marshall Ronald Boman Civil Defense Coordinator Ronald Boman Appendix D CITY OF BROOKLYN CENTER, MINNESOTA SCHEDULE OF FEDERAL FINANCIAL ASSISTANCE YEAR ENDED DECEMBER 31, 1993 Federal Federal Grantor Pass - Through l CFDA Grantor /Program Title Number Expenditures U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT - Passed through Hennepin County - Community Development Block Grant 14.218 $ 240,781 U.S. DEPARTMENT OF JUSTICE - Passed through the Minnesota Department of Public Safety - Drug Control and System Improvement - Formula Grant 16.579 11,348 FEDERAL EMERGENCY MANAGEMENT AGENCY - Passed through the Hennepin County Division of Emergency Preparedness: Civil Defense 83.503 6,000 Civil Defense 83.513 3,496 DEPARTMENT OF NATURAL RESOURCES - Passed through Hennepin County - Small Business Tree Planting Program 59.009 5,000 TOTAL FEDERAL FINANCIAL ASSISTANCE $_266 625 Appendix E STATEMENTS AND SCHEDULES TO BE PREPARED BY CITY STAFF 1. Audit Trial Balance (All Funds) 2. Detail Trial Balance - Account History (All Funds) 3. Revenue and Expense Reports (All Funds) 4. Budget to Actual Reports (All Funds) 5. Cash Reconciliation 6. Investment Report 7. Discounts to be Amortized 8. Premiums to be Amortized 9. Interest Earned and Interest Receivable Report 10. Allocation of Interest Earnings 11. Allocation of Temporary Improvement Notes 12. Unbilled Utility Accrual Schedule 13. Advances to Other Funds 14. Distribution of Year -End Real Estate Tax Receivables 15. Hennepin County Tax Settlements 16. General Fixed Assets Summary 17. Liquor Fund Fixed Assets 18. Public Utility Fund Fixed Assets 19. Golf Course Fixed Assets 20. Earle Brown Heritage Center Fixed Assets 21. Legal Debt Margin 22. Fund Balances 23. Designation of Fund Balances 24. Debt Service Fund Balances 25. Capital Projects Fund Balances 26. Enterprise Fund Balances 27. Internal Service Fund Balances 28. Revenue Summary - All Funds 29. Public Utility Rates 30. Schedule of Transfers 31. Expenditure Summary - All Funds 32. C.D.B.G. Programs Revenues and Receivables 33. Capital Project Summaries Council Meeting Date 8/25/94 L 3 City of Brooklyn Center Agenda Item Number AR h Request For Council Consideration • Item Description: Preliminary Discussion of Bond Issue Department Approval: Diane Spector, Director Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: 1) Indicate which improvements the Council is willing to see go forward to preliminary opinion surveys to determine level of taxpayer interest. 2) Direct staff to obtain a proposal from Decision Resources, Inc., to provide professional services in the development of the proposed bond issue. Summary Explanation: (supporting documentation attached Yes ) The City Council has several times discussed the possibility of a referendum concerning the issuance of bonds for several purposes. These include: • Park improvements, including playground equipment and shelter replacement and other park needs; • Additional space for the Police Department, such as a City Hall addition; • Remodelling and expansion needs at both fire stations; and • Improvements to the Community Center, such as an activity center or a fitness center. At the June 21, 1994 work session, the Council heard a presentation from Bill Morris of Decision Resources, Inc., a firm which specializes in helping communities plan bond issue campaigns. At that meeting, the Council requested staff to prepare additional information for the Council's consideration, including a listing of issues, a timeline, and possible costs of retaining Decision Resources to provide professional services for the development of an issue. This item provides this information. ISSUES • Attached to this item is a resolution passed by the Park and Recreation Commission listing specific issues which that Commission believes need to be addressed in the parks and at the Community Center. In addition, there are operational needs at the Community Center which could be addressed through a bond issue, such as: patron circulation and the need for an elevator; accessibility needs such as improvements to the upper and lower restrooms and the locker rooms; and storage and work space needs. Request For Council Consideration Page 2 Space needs in the Police Department have been discussed a number of times, most recently in the discussion is regarding remodelling of the upper level of City Hall. This issue has been studied extensively in the past, most notably via a major architectural study in 1989, with the conclusion being that the most cost - effective solution is the construction of an addition to City Hall to house the Police Department. The cost effectiveness of the solution stems in large part from the need to repair or replace large systems in City Hall which are going on 25 years old: outdated HVAC equipment; a leaking roof, and inefficient lighting. This work would most effectively be done in conjunction with an addition. Both fire stations are also in need of extensive remodelling and repair such as new roofs, and are also acutely short of space, such as training areas and sleeping quarters. TIMELINE Given the amount of up front work involved in this process, the earliest a referendum could be placed on the ballot would be Spring, 1995. According to the strategies discussed by Mr. Morris in June, most of the publicity and public debate would begin in January or February, 1995. A more detailed timeline will be developed and presented to the Council with its consideration of the Decision Resources proposal. ESTIMATE OF COSTS Staff have not yet sought a proposal from Decision Resources, as the types of services to be provided and the range of issues which the Council would consider for inclusion in the bond issue has not yet been determined. The following are the typical services provided by Decision Resources: • • Preliminary public opinion surveys to determine the amount of public support in general, the types of specific improvements which are supported, and the amount taxpayers are willing to pay; • Assistance in the development of cost estimates and packaging of improvements; • Assistance in developing citizen support groups; and • Development of final bond issue presentation materials. While the cost of these services would vary, it is probably in the neighborhood of $5,000- 10,000. COUNCIL ACTION REQUIRED 1) Provide staff with direction as to which improvements the Council is willing to see discussed in a preliminary fashion. The first step listed above, the preliminary surveys, are really "testing the waters" to see which improvements the public are interested in. Including a specific improvement in the preliminary stage does not mean it must be included in the final package. If the opinion surveys show there is no support for an item, it can easily be removed by the Council from the package. 2) Direct staff to obtain a proposal from Decision Resources, Inc. to provide professional services in the development of the proposed bond issue. • CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 :BROOKLYN TELEPHONE: 569 -3300 C ENTER FAX: 569 -3494 EMERGENCY - POLICE - FIRE 911 MEMORANDUM June 24, 1994 TO: G. G. Splinter FROM: Diane Spectc� SUBJ: Park and Recreation Commission Recommendation For Park Bond Issue The Park and Recreation Commission at its June 22, 1994 meeting approved the attached resolution, and asked that it be forwarded to the City Council. The resolution expresses the Commission's strongly -held opinion that the City Council should move forward with consideration of a park bond issue. In general, the Commission believes that the City's park system is an asset which we cannot afford to let deteriorate. Consideration should be given not only to the physical improvements to the parks and our recreation facilities, but to the recreational and leisure opportunities which are provided. m c �� ,986AL CP Commissioner PETERSON moved and Commissioner POLLACK seconded a motion to adopt the following resolution: PARK AND RECREATION COMMISSION RESOLUTION RECOMMENDING CONSIDERATION OF A PARK BOND ISSUE WHEREAS, the Brooklyn Center Park and Recreation Commission sees Brooklyn Center as a city with a bright future which has the potential to attract young families; and WHEREAS, comprehensive upgrading of park facilities would enhance the city's image and increase its attractiveness. NOW THEREFORE, BE IT RESOLVED, BY THE BROOKLYN CENTER PARK AND RECREATION COMMISSION that this Commission strongly recommends that the City Council consider a park bond referendum in Spring, 1995, or at the soonest possible date. We see the following items, in priority order, as essential for consideration: A. Replacement of aging playground equipment in all City neighborhood parks as soon as possible, taking into consideration neighborhood and ADA needs. B. Repair or replacement of all shelter r buildin s as soon as possible, , to meet ADA g P . accessibility requirements, and recreation and operational needs. C. Implementation of general and operational park improvements, such as replacement or addition of lights, athletic field maintenance, restroom facilities, and storage buildings. D. Construction of a field house and activity center at the Community Center. E. Acquisition and development of new park land, including the Willow Lane redevelopment area and the Joslyn site. F. Construction of a hockey arena. G. Development of the Twin Lake /Preserve /Kylawn nature area and Twin Lakes Tail system, in cooperation with the cities of Crystal and Robbinsdale. BE IT FURTHER RESOLVED that the Park and Recreation Commission stands ready and willing to provide advice and counsel on this matter, and requests to be involved in the development of this bond referendum. The following Commissioners voted in favor of the resolution: PETERSON, LASMAN, KNUTSON, MEAD, POLLACK, and SORENSON The following Commissioners voted in opposition to the resolution: None The following Commissioners were absent from voting: SHINNICK June 22, 1994 Council Meeting Date August 22, 1994 3 City of Brooklyn Center Agenda Item Number /a� Request For Council Consideration Item Description: Pilot Project Discussion Request From Councilmember Rosene For Public Call -In Line Department Approval: Nancy Go man, Assis t City Manager Manager's Review/Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Summary Explanation: (supporting documentation attached e ) Councilmember Rosene called and asked that the following be placed on the August 22, 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. ADDENDUM CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER AUGUST 22, 1994 7 p.m. 12. Discussion Items: C. Pilot Project Discussion Request from Councilmember Rosene for Public Call-In Line Council Meeting Date August 22, 1994 City of Brooklyn Center Agenda Item Number 3 Request For Council Consideration Item Description: Creating a Sales Director position for the Earle Brown Heritage Center Department Approval: Brad Hoffman, Communi ty Devofment Director Manager's Review /Recommendation: Comments below and attached. Recommended City Council Action: Approve Resolution Creating a Sales Director Position for the Earle Brown Heritage Center. • Summary Explanation: (supporting documentation attached X ) To maintain the level of growth and increased sales this facility has experienced in the last three years, it is necessary to establish a Sales Director to supervise the work of the sales staff. Currently the sales direction is mandated in the General Manager's position. However, with the addition of the catering operation and the opening of Earle's, less and less time is available to the GM for sales work. By creating this position, which will work closely with the GM, sales efforts will be streamlined and the high growth level can be maintained. There will be no adjustments to the 1994 budget required to accomplish this staffing change. The position will be filled within from the current sales staff. Due to the loss of one sales manager in June, two months of salary are available to cover the slight increase in salary commensuate with the position. A position description is attached as well as a memorandum detailing the request more fully. • Member introduced the following resolution and 0 moved its adoption: RESOLUTION NO. RESOLUTION CREATING A SALES DIRECTOR POSITION FOR THE EARLE BROWN HERITAGE CENTER WHEREAS, maintaining the level of growth in sales activity is vital to the continued success of the Earle Brown Heritage Center; and WHEREAS, additional corporate clients and the continued development of new profit centers will be the catalyst to achieve financial success at the Center; and WHEREAS, the addition of the catering operation and Earle's operation have increased the supervision work of the General Manager and decreased available time to pursue such new profit centers; and WHEREAS, the creation of a Sales Director position to supervise the work of the sales team will provide much needed assistance to the General Manager and create a more solidly focused sales effort; NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority in and for the City of Brooklyn Center that: 1. The position of Sales Director be established at the Earle Brown Heritage Center at a grade level C 18. 2. The position be funded from monies currently available in the 1994 budget of the Earle Brown Heritage Center. 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. AN HISTORIC FESTORATION INN- EXHIBIT EUL•CONITNTIONCENTEK MEMORANDUM TO: Jerry Splinter, City Manager Brad Hoffinan, Community Development Director Members of the City Council FROM: Judith Bergeland, General Manager RE: Request for Sales Director Position DATE: August 18, 1994 As you have seen from the sales and financial reports, the facility has grown steadily in the last three ears. The addition of the catering operation in 1993 and the opening of Earle's this y P P g last April have added two new elements to the mix that is the Earle Brown Heritage Center. It has also added considerably to the time involvement of supervision for the manager of the Center. In the process, there has been less and less time to target new corporate clients, research additional profit centers (i.e. dinner theater, concert series, additional mid -week show clients, etc.), and challenge the sales department with new goals. The most beneficial next step will be the creation of a supervisory position within the sales force - a Sales Director. This position will not at this time mean additional staff, but rather an internal promotion from existing sales staff. Creating a Sales Director position will provide hands on direction of the sales effort even when the General Manager is involved with other responsibilities. In addition to continue to sell the facility and service those events, the Sales Director would: supervise the sales team efforts and report directly to the General Manager, establish individual al sales g oals for each team member, develop monthly reporting forms for contacts made, contracts written, rooms booked, new client use of facility, assist General Manager in preparation of marketing plan, represent the Center at North Metro and Greater Minneapolis Convention and Visitor meetings, interfacing with other hotel sales directors. 6155 Earle Brown Drive, Brooklyn Center, MN 55430 (612) 569 -6300 FAX: (612) 569 -6320 i MEMO /August 18, 1994 - Page 2 A position description is enclosed for your review. The proposed grade level of C18 carries a salary of $2,753 to start ($33,836) and is comparable to Director of Sales positions within the hotel industry. The increased wage to fund this position is less than $1,000 for the balance of the year. Salary funds not expended during June and July due to the resignation of one sales manager will more than cover the nominal cost of this staffing change. t City of Brooklyn Center Position Description POSITION DESCRIPTION TITLE: Sales Director DEPARTMENT: Community Development DIVISION: Earle Brown Heritage Center (EBHC) STATUS: Exempt SALARY LEVEL: Schedule C DATE WRITTEN /REVISED: June 1994 POSITION SUN D4ARY Supervises activities of sales managers. Aggressively sells facility according to revenue and pricing standards. Coordinates details of appropriate functions with highest regard to guest service and Earle Brown Heritage Center profitability. Reports to EBHC manager. I. ESSENTIAL DUTIES AND RESPONSIBILITIES A. Establishes individual sales goals for each sales manager and supervises work of sales force. B. Develops reporting system for contacts made, contracts written, and rooms booked. C. Assists manager with yearly marketing plan. D. Develops and initiates new sales by acquiring and assigning leads, establishing contacts and relationships, and making outside calls and presentations. E. Achieves and maintains complete familiarity with physical plant, capabilities and logistics. F. Markets facility to potential clients. G. Meets with clients following initial contact, tours facility, negotiates rental rates, conducts event follow- through regarding all planning and carrying out of actual event. H. Oversees facility computer system for bookings. I. Attends stencil, sales, and staff meetings as scheduled. EBHC Sales Director Page 2 J. Represents facility at Greater Minneapolis Convention and Visitors Bureau and other meetings as requested by the EBHC manager. K. Represents facility at trade shows, on committees, and at functions as requested by the EBHC manager. L. Assists in development of sales training manuals and training of new sales staff as hired. II. OTHER DUTIES AND RESPONSIBILITIES A. Writes contracts for facility rentals. B. Interfaces with client and caterer regarding food and beverage selections. C. Produces event schedule for set -up crew. D. Meets and greets convener upon arrival (for events personally sold and as overview for sales managers), readily offers services, and introduces staff crew chief on duty. E. Finalizes details of appropriate files as appropriately as possible. F. Prepares and submits all required reports and projects on schedule and makes recommendations when appropriate. G. Performs other duties as assigned or apparent. KNOWLEDGE, SKILLS AND ABILITIES 1. Knowledge of sales and catering in the meetings /hospitality industry. 2. Knowledge of competitor's facilities capabilities p roducts , ricer cateri and styles. g � P �P �P � g Y 3. Excellent communication and organizational skills. 4. Ability to set appropriate goals and measurements for reaching those goals. 5. Ability to work tactfully and congenially in a positive, professional manner with clients and other City personnel. MINIMUM REQUIREMENTS 1. College degree in business or related field from an accredited college or university or an equivalent combination of education and experience in a related field required. 2. Minimum two ears experience in sales required, with reference given to sales and Y P � P g catering experience in the meetings /hospitality industry. EBHC Sales Director Page 3 3. Previous supervisory experience required. Preference given to meetings /hospitality experience. POSITION DESCRIPTION APPROVED Bv Department Dirktor Date Approved By hl' 1 9 l 7- c q CVy Manager Date Approved J Human Resources EBHC SALES DIRECTOR PHYSICAL FACTORS; coDS : TASK# ENVIltONMENTALoDg TASK# FACTORS Standing Stationary F ID-c I -L BB,D Work Alone 0 IA,B HA,F Moving About F Ai i Work with Others C Sitting C M.L Bur IE Work around Others C ALL PHYSICAL STRENGTHS AND DEMANDS: Customer /Public Contact C ALL Lifting-Push & Pull While Stationar r Shift Work Sedentary-Up to 10 lbs C Extended Day F ID,GJK IM,D Li ht Work -11 to 20 lbs F ALL Inside C ALL Medium Work -21 to 50 lbs V ALL Outside F ID-G r,K IM,D Heavy Work -51 to 100 lbs Confined Areas F LA- c.x,I,K,L BA,c,E F Very Heavy -Over 100 lbs Extreme Hot 0 ID,G I,K RD Carrying-Push & Pull While Moving About Extreme Cold O ID,G I,K >m Sedentary-Up to 10 lbs F ALL Wet and /or Humid V ID,GIX IM Light Work -11 to 20 lbs 0 ALL Noise F IG,I -K HB,D Medium Work -21 to SO lbs V AU Vibration Heavy Work -51 to 100 lbs Mechanical Equipment Very Hea -Over 100 lbs Electrical Equipment Climbing F 1E-G I,K RB,D Pressurized Equipment Balancing V IG,K Burning Material/Equipment Stooping 0 IE,G I,K BB,D Explosive Material/E ui Kneeline 0 1E GJ,K IM,D Radiant Ener Croucbin V rF K Moving Objects Crawl ine V >E,K High Places Reaching F ALL Fumes /Odors Twisting - Sitting F ALL Dirt/Dust Twisting - Standing F ALL Gases Handling C ALL Poor Ventilation Fingering C ALL Other (Specif Feeling C AIL Other (Specify Talking C ALL Hearing C ALL Seeing -Near Vision C ALL Seeing-Far Vision C ALL Seeing-Depth Perception F AU Seeing-Accommodation C A.L Seeing -Color Vision C ALL Seeing-Field of Vision C AU Codes: Smelling O AU Blank - Not Present V = Very Infrequent - 1 to 2 times a week Walking F pi T O = Occasional - Up to 1/3 of time a week Reading C ALL F = Frequent - 1/3 to 2/3 of time C = Constant - More than 2/3 of time Driving F ID,F,GJX HD Other (speci Council Meeting Date August 22, 1994 City of f Brooklyn Center Agenda Item Number 13h • Item Descri tion: Request For Council Consideration P Authorizing renovation of Morgan and Belgian meeting rooms and amending the 1994 Earle Brown Heritage Center Budget Department Approval: Brad Hoffman, Communi b velopment Director Manager's Review /Recommendation: r Comments below and attached. Recommended City Council Action: • Approve Resolution Authorizing Renovation of Morgan and Belgian Meeting Rooms and Amending the 1994 Earle Brown Heritage Center Budget Summary Explanation: (supporting documentation attached X ) Currently these rooms are difficult to rent due to appearance. The rooms were labeled "below average quality" by the Marquette Partners report of 1993. The requested changes are detailed on the attached memo and will bring the rooms up to the finish of the Tack Room, also a lower level meeting space. This upgrade will eliminate ongoing complaints from meeting planners regarding their ability to use the space for breakouts and will increase room rental revenues. All costs will be absorbed within the Center's 1994 budget as outlined in the resolution. 13� Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION 'AUTHORIZING RENOVATION OF MORGAN AND BELGIAN MEETING ROOMS AND AMENDING THE 1994 EARLE BROWN HERITAGE CENTER BUDGET WHEREAS, continued growth of the meetings business places ever increasing demand on the facilities that comprise the Earle Brown Heritage Center; and WHEREAS, two of the meeting rooms (Morgan and Belg finished ian) are currently nished in painted concrete block surface and deemed by clients and the Marquette Partners management study to be "below average quality "; and WHEREAS, the EDA has directed EBHC staff to obtain quotes for the work necessary to bring the rooms up to the standards of the balance of the facility; NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority in and for the City of Brooklyn Center that: 1. Staff is directed to proceed with the remodelin of the Morgan and Belgian rooms in the lower level of the Hippodrome. 2. The project budget is established at $4, to be funded from the Earle Brown Heritage Center fund. 3. The 1994 Earle Brown Heritage Center budget is amended as follows: Increase the appropriation for the following line item: Convention Center - No. 8950, Object No. 4520 $4,650 Decrease the appropriation for the following line items: Convention Center - No. 8950, Object No. 4650 591 Convention Center - No. 8950, Object No. 4100 503 Convention Center - No. 8950, Object No. 4226 1,200 Inn - No. 8910, Object 4650 1 Commerical Office - No. 8930, Object 4650 484 Date Todd Paulson, Mayor ATTEST: Deputy Clerk RESOLUTION NO. The motion for the adoption of the foregoing resolution was duly seconded by member s ' 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. 11y A STORIC RESTORATION INN- EXHIBIT MLL•CONYENTION CENTER MEMORANDUM TO: Jerry Splinter, City Manager Brad Hoffman, Community Development Director Members of the City Council FROM: Judith Bergeland, General Manager RE: Completion of the Morgan and Belgian Meeting Rooms DATE: August 16, 1994 The two lower level meeting ooms called Moran and Belgian) are currently finished as g Morgan b g ) Y concrete block and poured concrete, with painted surfaces. Because of the need to more fully use these rooms as seminar and breakout areas, it is necessary to refinish the surfaces. The Marquette Partners report received in 1993 supports this request. Bids for the drywall and electrical work have been received. Primer and finish painting would be done in- house. To complete the upgrade, whiteboard wall units and cork stripping for hanging seminar materials would be hung. Following are the figures for the work: Drywall installed and finished $1,700 Electric baseboard heat 1,750 Primer, paint and labor 680 Whiteboard wall units (two) 520 Total: $4,650 Completion time will be approximately three weeks. This expenditure was not a part of the '94 budget. However, the need for these rooms as rentable meeting space becomes more critical every day. Therefore I am requesting approval of funds to create the upgrade necessary to allow full use of these rooms by our clients. JLB/ a P 6155 Earle Brown Drive, Brooklyn Center, MN 55430 (612) 569 -6300 FAX: (612) 569 -6320 Council Meeting Date 8/22/94 City of Brooklyn Center Agenda Item Number / 3 C Request For Council Consideration Item Description: AMEND THE 1994 PAY PLAN, APPROVE THE AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND INDEPENDENT SCHOOL DISTRICT #286 FOR A SCHOOL LIAISON OFFICER PROGRAM TO BEGIN IN OCTOBER 1994, AND APPROVE THE SCHOOL LIAISON PROGRAM IN THE 1995 BUDGET. Department Approval: Trevor A. Hampton, Chief of Managers Review /Recommendation:. 1 No comments to supplement this report Comments below /attached Recommended City Council Action: • Amend the 1994 Pay Plan, Approve the Agreement between the City of Brooklyn Center and Independent School District #286 for a School Liaison Officer Program to Begin in October 1994 and Approve the School Liaison Program in the 1995 Budget. Summary Explanation: (supporting documentation attached yes ) The School Liaison Officer Program would be a joint agreement between the City of Brooklyn Center and Independent School District #286 providing a trained and qualified officer to serve as school liaison officer. The officer would act as a resource for students, teachers, counselors, school administrators, and parents. The officer would educate and counsel on the issues of alcohol and drug abuse, diversity, truancy, personal safety, building security, etc. The officer would further coordinate and communicate with other local and county agencies involved with the juvenile justice system. When necessary, the officer would exercise police authority within the school and on school grounds. The Brooklyn Center Police Department and Brooklyn Center Independent School District #286 is requesting that a School Liaison Officer Program be established in October 1994. The School Liaison Officer Program is being recommended by myself and the City Manager in the 1995 budget process. However, the District operates on a fiscal budget of July to June and has monies available to fund the project immediately pending final approval by the School Board this month. The funding for these three months in 1994, October to December, will be, for the most part, reimbursed by the District. Any funding obligation that the City incurs, i.e. differential and longevity pay, recruitment /equipment expenses associated, would be available in the 1994 police department operating budget from personnel savings of over $60,000 from the delayed hiring of new officers in 1994. Attached is a draft Agreement between the City of Brooklyn Center and Brooklyn Center Independent School District #286 for a School Liaison Officer Program. Request For Council Consideration Page 2 • On an annual basis Brooklyn Center Independent School District #286 would be responsible for 75 % of the school liaison's salary and benefits. The City would be responsible for the remaining 25 %, plus 100% of the differential and longevity pay, and recruitment /equipment expenses associated. The annual breakdown based on the 1995 estimated budget would be as follows: Brooklyn Center Independent School District #286 Contribution (75% of Salary & Benefits for a Top Salary Officer) $38,927 38,927 Brooklyn Center Police Department Contribution (25 % of Salary & Benefits for a Top Salary Officer) $12,976 Differential Pay (100% of Contract Requirement) 1,800 Longevity Pay (100% if Senior Officer Selected) 3,659 Recruitment /Equipment Expenses Associated 5,427 23,862 Total Annual Estimated Cost of School Liaison Program $62,789 (Actual costs of the program will be available when selection of the officer has been made) • The hiring of one police officer to replace the assignment of a school liaison officer is anticipated to take place in October 1994. Funding in 1994 for the school liaison officer will be available from reimbursements from the District and moines available in the 1994 police department operating budget. i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1994 PAY PLAN, APPROVING THE AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND INDEPENDENT SCHOOL DISTRICT #286 FOR A SCHOOL LIAISON OFFICER PROGRAM TO BEGIN IN OCTOBER 1994, AND APPROVING THE SCHOOL LIAISON PROGRAM IN THE 1995 BUDGET WHEREAS, the boundaries of the Brooklyn Center School District encompass entirely the city of Brooklyn Center; and WHEREAS, only the students attending the high school in Brooklyn Center would receive the services of the School Liaison Officer Program; and WHEREAS, the School Liaison Officer Program seeks to deliver police services to students, parents, and school staff that deal with community problems that are brought to the school setting. The program seeks to deal with disruptive behaviors or prevention of behaviors that are often a result of home and family crisis, sexual and /or physical abuse at the home, alcohol and drug abuse, cultural diversity clashes, gang activity, and depravation of basic human needs; and WHEREAS, the school liaison works with parents and school staff to respond to immediate security and peace problems, coordinate the external response to a problem occurring in the school setting, and providing the student a person who can help them deal with "external problems" that are affecting their lives in the school setting; and WHEREAS, the school superintendent is in support of the program and the benefits the program can bring; and WHEREAS, the School Board will meet in August 1994 to approve this joint project; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center supports the funding of a School Liaison Officer Program with the School District #286 if the following conditions are met: 1. Amend the 1994 Pay Plan increasing one police officer position by incorporating a school liaison officer. 2. Approve the Agreement between the City of Brooklyn Center and Independent School District #286 for a School Liaison Program. 3. Fund the School Liaison Officer Program in 1994 by reimbursement from Independent School District #286 and monies available in the 1994 police department operating budget. 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. M M n � U Agreement for School Liaison Officer Between City of Brooklyn Center and Independent School District #286 This agreement by and between the City of Brooklyn Center (hereafter referred to a "City ") and Independent School District #286 (hereafter referred to as "District ") is pursuant to Minnesota State Statute 471.59. 1. PURPOSE. The purpose of this agreement is to create, fund, and implement the position of school liaison officer. 2. SELECTION PROCESS. From applications of qualified applicants for the position of school liaison officer, oral interviews will be administered by representatives from the District, Brooklyn Center Police Department, and a school liaison officer from a local community. Final appointment of the school liaison officer is at the discretion of the City of Brooklyn Center. Reselection and assignment will occur if performance of the officer is not satisfactory to the District. 3. OFFICER EMPLOYED BY CITY. City shall employ, or assign, in accordance with applicable state statutes a police officer to service as school liaison officer. 4. DUTIES OF OFFICER. The duties of the school liaison officer are understood by both the City and District in an assignment description. For the effectiveness of the program, a flexible schedule will be implemented that utilizes the resource of school liaison officer to its full potential. The schedule will be cooperatively developed. To the extent possible, the school liaison officer will take City holidays and vacation time off in accordance to the school calendar. 5. CLOTHING, EQUIPMENT, AND SUPPLIES. The City shall provide any required uniforms, vehicle, necessary equipment, and supplies for an officer to perform law enforcement duties. For the most part, the officer will be non- uniformed in a manner that is acceptable by school administrators and approved by the City of Brooklyn Center. 6. OFFICE SPACE. The District will provide office space and furnishings for the school liaison officer at Brooklyn Center High School. 7. FUNDING. The City shall assume all obligations and payments with regard to officers' salary and benefits. The school district will reimburse the City in the sum of 75% of salary and benefits. The City will be responsible for the remaining 25 %, plus 100% of the differential and longevity pay, and recruitment /equipment expenses associated. Reimbursements will be made monthly over the nine month period of September to May. Estimated 1994 -95 costs of the School Liaison Officer Program the District are $38,927 with the City obligation_ at $23,862. Final costs of the Program will be finalized after selection of the officer. 8. ADMINISTRATION RESPONSIBILITIES. Law enforcement services rendered to the District shall be at the sole direction of City. Standards of performance, discipline of the officer assigned, and other internal matters, shall be under the authority of City. If requested, the District shall provide City with an appraisal of the services received. 9. INDEMNIFICATION BY CITY. The School Liaison Officer is a City employee. The City shall indemnify, hold harmless, and defend the District, its elected officials and employees against any and all liability, loss, costs, damages, expenses, claims or actions which the District, its officers and employees may hereafter sustain, incur or be required to pay arising out of or by reason of any negligent or willful act or omission of the City, its agents or employees, in the execution, performance, or failure to adequately perform the City's obligations pursuant to this agreement. 10. INDEMNIFICATION BY DISTRICT. The District shall indemnify, hold harmless, and defend the City, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or actin which the City, its officers, and employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any negligent or willful act or omission of the District, its agents or employees, in the execution, performance or failure to adequately perform the District's obligations pursuant to this agreement. 11. TERMINATION OF AGREEMENT. The term of this agreement shall be effective October 1994. Either party may terminate this agreement upon six (6) months written notice of such termination. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year last written below. Independent School District #286 by: Superintendent Date: City of Brooklyn Center by: b Mayor City Manager Date: Date: Council Mewing Date 08/22/94 City of Br Center Agenda Item Number /3 Description: Item Descri P Request For Council Consideration • Resolution Approving Purchase Agreements For Improvement Project Nos. 1992 -29 (Storm Water Pond) and 1993 -18 (MTC Park and Ride) Department Approval: C ULoA� Diane Spector, Director blic Services Manager's Review /Recommendation: �e No comments to supplement this report Comments below /attached Recommended City Council Action: Approve a resolution ratifying the purchase agreements. Summary Explanation: (supporting documentation attached ) Evergreen Land Services has negotiated purchase agreements with several property owners. These owners and the respective purchase prices are: Hoang & Ngoclanthi Nguyen, 6515 Brooklyn Boulevard $68,000 Merle Biggs, 4plex at 3910 - 65th Avenue N 128,000 Dennis & Pamela Hudek, 4100 - 65th Avenue N 86,000 The two residential properties are purchased at the appraised value. The agreement with the 4plex owner is based on a purchase price of $128,000. The value of the property as estimated by the City's appraiser is $116,000. 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 City Attorney is working with Evergreen, Conworth, Inc., and Public Services staff to schedule closings, review information, 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. /3J Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PURCHASE AGREEMENTS FOR IMPROVEMENT PROJECT NOS. 1992 -29 (STORM WATER TREATMENT POND) AND 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 Manger to offer to the property owners the amount determined by appraisal and review appraisal; and WHEREAS, the owners of the properties at 6515 Brooklyn Boulevard and 4100 - 65th Avenue North have accepted the City Manager's offer of the appraised value, and have executed a purchase agreement to that effect. The owner of the property at 3910 - 65th Avenue North has 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 agreements are hereby approved. 2. The City Manager is directed to proceed with the purchase of the property at 6515 Brooklyn Boulevard, and 4100 and 3910 - 65th Avenue North. 3. The City Manager and Mayor are authorized to execute the purchase agreements. 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 Daze 08/22/94 3 City of Brooklyn Center Agenda Item Number 13 E Request For Council Consideration Item Description: RESOLUTION UT ACCEPTING BID AND AWARDING CONTRACT FOR IMPROVEMENT PROJECT NO. 1994 -19, CONTRACT 1994 -J, SHINGLE CREEK PARKWAY MILL AND OVERLAY Department Approval: Mark J. Maloney, C ngineer 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, subject to State Aid approval, to Northwest Asphalt of Shakopee, MN, is attached for consideration. • Summary Explanation: (supporting documentation attached No ) Bids for Contract 1994 -J were received on August 10, 1994. This project consists of grinding off the top layer of bituminous and repaving, along with a minor amount of utility, curb and driveway repair. The bidding results are tabulated as follows: Bidder Bid Amount Northwest Asphalt $257,037.75 Thomas & Sons Construction $267,183.47 C.S. McCrossan $267,773.14 Hardrives, Inc. $269,925.00 Master Asphalt $273,314.01 Valley Paving $276,947.32 Driveway Design $277,887.05 Midwest Asphalt $286,969.95 Of the eight bids received, the lowest bid of $257,037.75 was submitted by Northwest Asphalt of Shakopee, MN. This compares favorably to the previously established Engineer's Report of $358,817, • Northwest Asphalt has experience in performing all of the various items of work included in this contract, and has excellent references throughout the Metro area. At the time of this report, final approval of plans and specifications by State Aid has not yet been received. Accordingly, staff recommends acceptance of the low bid and award of the contract, subject to State Aid approval, to Northwest Asphalt of Shakopee, MN. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR IMPROVEMENT PROJECT NO. 1994 -19, CONTRACT 1994 -J, SHINGLE CREEK PARKWAY MILL AND OVERLAY WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 1994 -19, bid were received, opened, and tabulated by the City Clerk and Engineer, on the 10th day of August, 1994. Said bids were as follows: Bidder Bid Amount Northwest Asphalt $257,037.75 Thomas & Sons Construction $267,183.47 C. S. McCrossan $267,773.14 Hardrives, Inc. $269,925.00 Master Asphalt $273,314.01 Valley Paving $276,947.32 Driveway Design $277,887.05 Midwest Asphalt $286,969.95 WHEREAS, it appears that Northwest Asphalt of Shakopee, Minnesota, is the lowest responsible bidder; and WHEREAS, the primary funding source for this project is the Regular Municipal State Aid Street fund, and final approval of plans and specifications has not yet been received from the Minnesota Department of Transportation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Subject to receipt of final approval of plans and specifications from the J P PP P P Minnesota Department of Transportation, the Mayor and City Manager are hereby authorized and directed to enter into a contract, in the amount of $257,037.75, with Northwest Asphalt of Shakopee, Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 1994- 19 according to the plans and specifications approved b the City Council and on file in the office of the Deputy City Clerk. RESOLUTION NO. 2. The Deputy City Clerk is hereby authorized and directed to return forthwith to all the 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 and revenues are amended as follows: Per Feasibility As Amended Per Est. Project Costs Report Low Bid Contract $384,800.00 $257,037.75 Contingency 57,720.00 (15%) 25,703.25 (10 1 7o) Subtotal Construction $442,520.00 $282,741.00 Engineering (10 %) $ 44,250.00 28,274.00 Administrative (2 %) 8,850.00 5,655.00 Legal & Bonding (I%) $ 4,430.00 $ 2,827.00 Total Estimated Project Cost $500,050.00 $319,497.00 Per Feasibility As Amended Per Est. Project Revenues Report Low Bid Special Assessments $288,400.00 $188,550.00 Regular Municipal State Aid Fund 1496 $390,000.00 $253,240.00 Local Municipal State Aid Fund 2911 $(245,880.00) $(158,963.00) Water Utility $ 2,950.00 $ 2,740.00 Sanitary Sewer Utility $ 23,000.00 $ 4,410.00 Storm Drainage Utility $ 41,580.00 $ 29,520.00 Total Estimated Project Revenue $500,050.00 $319,497.00 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. Council Meeting Date 8/22/94 City of Brooklyn Center Agenda Item Number 3 F Request For Council Consideration Item Description: RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1994 -21, CONTRACT 1994 -D, SEALCOAT PROGRAM Department Approval: ; ;;�� Marf J. Maloney, City Engineer Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: A resolution accepting work performed and authorizing final payment to Allied Blacktop Company is attached for consideration. • Summary Explanation: (supporting documentation attached ) Contract 1994 -D, Improvement Project No. 1994 -21, 1994 Sealcoat Program, has been completed by Allied Blacktop Company. The City Council accepted their bid per Resolution No. 94 -97 and a contract was subsequently executed. The actual final value of work, $111,680.60, is less than the original contract by $1,613.08, due to an overestimation of contract q uantities. The 1994 Division No. 42 Street Maintenance budget for this expenditure is $140,000. Staff recommends acceptance of the work performed and authorization to make final payment to Allied Blacktop Company. • l3� Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1994 -21, CONTRACT 1994 -D, SEALCOAT PROGRAM WHEREAS, pursuant to written contract signed with the City of Brooklyn Center, Minnesota, Allied Blacktop Company has satisfactorily completed the following improvement in accordance with said contract: 1994 SEALCOAT IMPROVEMENT PROJECT NO. 1994 -21 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The work completed under said contract is accepted and approved according to the following schedule: Original Contract Final Amount Value of Work $113,293.68 $111,680.60 2. The actual value of work performed is $1,613.08 less than the original contract, due to an overestimation of quantities. 3. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $111,680.60. 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 Daze 08/22/94 City of Brooklyn Center Agenda Item Number 13 Request For Council Consideration • Item Description: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES Department Approval: 2 Diane Spector, Director o blic 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. • 1 �- 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 08/22/94 ) 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 ---------------------- - - - - -- ----------------------- - - - - -- -- - - - - -- STANLEY SELETTO 6801 REGENT AVE N 113 CITY OF BROOKLYN CENTER 53RD & UPTON AVE N 114 EUGENE & DIANE WRIGHT 4408 69TH AVE N 115 A. WILMA SMITH 6125 PERRY AVE N 116 DONALD & ARLYS PULS 5219 WINCHESTER LA 117 JOHN & MARY HALSETH 5231 WINCHESTER LA 118 MORRIS & BARBARA WOLF 5601 XERXES AVE N 119 NORTH SUBURBAN CO. 1505 69TH AVE N 120 NORTH SUBURBAN CO 1505 69TH AVE N 121 KIM & MILDRED FREEMAN 5724 LOGAN AVE N 122 ROGER & HEIDE CONNERS 7241 CAMDEN AVE N 123 ANNA MARIE WRZOS 3512 72ND AVE N 124 LESTER & LORRAINE THURS 6800 ABBOTT AVE N 125 ARLEN JACOBSMA 5536 JUDY LN 126 CONRAD & ISABELLA MARTIAN 6931 QUAIL AVE N 127 FRANCIS & LORI KAAS 5448 HUMBOLDT AVE N 128 FRANK & GERTRUDE SLOVAK 5442 OLIVER AVE N 129 DOROTHY HILL 6907 FRANCE AVE N 130 CITY OF B.C. E. TWIN LK OUTLOTS 131 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 8/22/94 31 City of Brooklyn Center Agenda Item Number f9 Request For Council Consideration • Item Description: Resolution Establishing a Fee Policy for the Issuance of Tax Exempt Housing Revenue Bonds Department ro 1: G. ad Hoffman, Director of Community D vel ent Manager's Review /Recommendation: �r No comments to supplement this report Comments below /attached Recommended City Council Action: Pass a Resolution Establishing a Fee Policy for the Issuance of Tax Exempt Housing Revenue Bonds Summary Explanation: (supporting documentation attached No ) ® I will be available Monday evening to answer any questions the Council may ask. /3 �1 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING A FEE POLICY FOR THE ISSUANCE OF TAX EXEMPT HOUSING REVENUE BONDS WHEREAS, the City of Brooklyn Center receives requests from private parties for authorization to issue tax exempt housing revenue bonds for the construction or acquisition and rehabilitation of multi - family housing properties; and WHEREAS, the City will agree to the issuance of such bonds to the extent that the proposed project is consistent and furthers the goals and objectives of Brooklyn Center; and WHEREAS, the City recognizes that the issuance of tax exempt bonds has a real cost to the City and it is the intent of the City to offset such costs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following fee policy is adopted and will be charged to all applicants for consideration of an issuance request: 1. An application fee of $5,000 will be charged for all tax exempt bond requests in excess of $5,000,000. 2. An application fee of $3,000 will be charged for all tax exempt bond requests less than $5,000,000 3. An annual fee of 1/8 of one point will be charged against the outstanding principal balance for the term of the bond issue. 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 -22 -94 City of Brooklyn Center Agenda Item Numbe Request For Council Consideration Item Description: Performance Guarantee Release /Reduction Department Appr Ronald A. Warren, Planning and Zoning Specialist Managers Review /Recommendation: No comments to supplement this report Comments PP P below /attached Summary Explanation: (supplemental sheets attached _) The following performance guarantees are recommended for Cit • gP g Y Council consideration: Evergreens at Earle Brown Farm 6001, 6011 and 6021 Earle Brown Drive Planning Commission Application No.92013 Amount of Guarantee - $60,000 (Savings Certificate) Obligor - Evergreen Development Group ( Robert A. Hopman) All site improvements related to the three buildings that comprise the Evergreens assisted living complex have been completed. An as -built utility survey has been submitted and, except for a minor correction, has been accepted. The Engineering Department needs to verify the filing of necessary storm sewer easement documents with the County. The landscape plan, with some minor modifications, has been completed. The owner has installed 35 more Colorado Blue Spruce trees throughout the site than called for on the original landscape plan. They are in addition to all the other landscaping provided. Recommend the reduction in the amount of the performance guarantee to $5,000 to be held until next spring to assure the viability of the landscape improvements. OmniTool, Inc 3500 48th Avenue North Planning Commission Application No. 92012 • Amount of Guarantee - $25,000 (Certificate of Deposit) Obligor - OmniTool, Inc (Walter Waffensmith) All site improvements related to this 1992 addition have been installed in accordance with the approved plans. An as -built utility survey has been submitted and accepted by the Engineering • Department. The filing of necessary easement documents related to the project has been completed. Landscaping, curb and gutter and parking improvements are complete with the exception of the area around a portion of the north and east end of the property which is somewhat overgrown. The owner has been contacted and this area will be addressed. Recommend reduction in the amount of the performance guarantee to $2,500 to be held until next spring in order to assure the viability of the landscape improvements and to address the area along the north and east side of the property. Randy Rau 6849 Brooklyn Boulevard Planning Commission Application No. 93003 Amount of Guarantee - $10,000 (Cash) Obligor - Randy Rau All work related to the 1993 car wash addition to the Mobil station at the southwest quadrant of 69th Avenue North and Brooklyn Boulevard have been completed. The landscape plan was slightly altered to meet space limitations and potential site line problems. The amount of landscaping still exceeds the point system required for this site. Recommend reduction in the amount of the performance guarantee to $1,000 until next spring to assure the viability of the landscape improvements. • RECOMMENDATION It is recommended that the City Council take action to reduce the above financial guarantees in the manner proposed. • Council Meeting Date 8/22/94 3 City of Brooklyn Center Agenda ltem Number S Request For Council Consideration Item Description: Licenses Department Approval: Sharon Knutson, Deputy City Clerk Manager's Review/Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Approve list of licenses. Summary Explanation: (supporting documentation attached No ) • Amusement Devices - Operator A Metropolitan Transit Commission 6845 Shingle Creek Pkwy. City Clerk 41L Garbage and Refuse Collection Vehicles Ql Michael Harvanko 6508 Ronald Place ICJ City Clerk ,pk Mechanical Systems K & K Heating and Plumbing 6000 Lone Oak Rd. Peterson Bros. Sheetmetal 4110 Central Ave. NE Rapid Heating and A/C 8714 E. Research Center Rd. Residential Heating & Air, Inc. 19000 Easton Rd. Q•Q�L4b�(. Building Official AIL Rental Dwellings Renewal: IMS of Fargo Brookside Manor Apts. TLN LA NEL Twin Lake North Apts. Paul E. Hinck 4715 France Ave. N. • Mrs. Paul Enge 4748 Twin Lake Ave. N. Marlyn and Gayle Kruse 2101 71st Ave. N. Victor and Jean Huang 3813 72nd Ave. N. AoA_ Director of U V AA Community Development