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1992 07-13 CCP Regular Session
y' CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER JULY 13, 1992 7 p.m. 1. Call to Order 2. Roll Call 3. Opening Ceremonies 4. Open Forum 5. Council Report 6. Approval of Agenda and Consent Agenda -All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed form the consent agenda and considered in its normal sequence on the agenda. 7. Approval of Minutes: *a. June 22, 1992 - Regular Session 8. Public Hearing: (7:15 p.m.) a. Resolution Amending the Urban County Statement of Projected Use of Funds for Year XVIII by Reallocating $30,000.00 from the Rehabilitation of Private Property (Project 53002) to a New Activity, Brooklyn Center Business Expansion and Retention Study (Project 53501) 9. Ordinances: (7:15 p.m.) a. An Ordinance Amending Chapter 35 of the City Ordinances Relating to Residential Facilities -This ordinance was first read on June 8, 1992, published in the City's official newspaper on June 24, 1992, and is offered this evening for a second reading. b. An Ordinance Amending Chapter 35 of the City Ordinances Relating to Day Care Centers in Commercial Zones -This ordinance was first read on June 22, 1992, published in the City's official newspaper on July 1, 1992, and is offered this evening for a second reading. C. Interim Ordinance for the Purpose of Protecting the Planning Process and the Health, Safety and Welfare of the Residents of the Community, and Regulating and Restricting the Development of Special Home Occupations Within the City -This ordinance was first read on June 22, 1992, published in the City's official newspaper on July 1, 1992, and is offered this evening for a second reading. CITY COUNCIL AGENDA -2- July 13, 1992 10. Discussion Items: a. Setting a City Council Work Session Regarding the 1993 Preliminary Budget Levy and Consideration of the Role of the Financial Task Force in the 1993 Budget b. Brooklyn Boulevard Study Ad Hoc Task Force Committee Membership C. Staff Report Regarding Acquisition of Surplus Right -of- Way along I94 from MNDOT 1. Resolution Approving Terms and Conditions for Sale of Surplus Properties along I94, Improvement Project No. 1987 -21 d. Staff Report Regarding Joint Transportation System Study with Brooklyn Park 1. Resolution Establishing Project No. 1992 -18, Joint Transportation System Study with Brooklyn Park, Accepting Proposal and Appropriating Funds Therefore e. 1991 Annual Financial Report Presented June 8, 1992 f. Discussion of Council Salaries 11. Resolutions: *a. Authorizing the City Manager to Write -Off Uncollectible Checks *b. Acknowledging Gift from the Rotary Club of Brooklyn Center C. Amending the 1992 General Fund Budget and Approving the Purchase of Equipment and Authorizing the Transfer of Funds from Drug Forfeiture Monies d. Amending Resolution Nos. 91 -115 and 92 -99 Transforming the Brooklyn Center Ad Hoc City Financial Task Force into a City Advisory Commission *e. Resolution Accepting Bid and Awarding Contract for Sidewalk Replacement at Various Locations, Improvement Project No. 1992 -13, and Trail Replacement at Humboldt Square, Improvement Project No. 1991 -16, Contract 1992 -I *f. Resolution Accepting Work Performed and Approving Final Payment for Trail Replacement at Various Locations, Improvement Project No. 1991 -07, Contract 1991 -N *g. Resolution Accepting Work Performed and Approving Final Payment for Trunk Sewer Replacement under I94/694, Improvement Project No. 1992 -03, Contract 1992 -D CITY COUNCIL AGENDA -3- July 13, 1992 *h. Resolution Accepting Work Performed and Approving Final P g PP g Payment for Trunk Sewer Replacement in Brookdale Area, Improvement Project No. 1992 -04, Contract 1992 -C *i. Resolution Accepting Work Performed and Approving Final Payment for 1992 Sealcoating, Improvement Project No. 1992 -09, Contract 1992 -G *j. Resolution Approving Negotiated Agreement (Lane Property) for the Purchase of Property for 69th Avenue Right -of- Way, Improvement Project No. 1990 -10 *k. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees (Order No. Dst 07/13/92) 12. Performance Bond Releases: *a. Group Health - 6845 Lee Avenue North *b. Hoffman Engineering - 6530 James Avenue North 13. Performance Bond Reduction: *a. Twin View Meadows Development - 51st and France Avenues North 14. Considered of Specified License: *a. Temporary On -Sale Intoxicating Liquor License for St. Alphonsus Catholic Church -to sell beer and wine at annual fun fair. *15. Licenses 16. Adjournment CITY OF BROOKLYN CENTER Council Meeting Date lulu 13, 1992 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: CITY COUNCIL MINUTES OF JUNE 22, 1992 - REGULAR SESSION DEPT. APPROVAL:. Patti A. Page, Deputy City Clerk MANAGER'S REVIEW/RECONEUENDATION: No comments to supplement this report Comments below /attached ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** • SU WARY EXPLANATION: (supplemental sheets attached ) RECOMMENDED CITY COUNCIL ACTION y MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JUNE 22, 1992 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson at 7.02 p,m. ROLL CALL Mayor Todd Paulson, Councilmembers Celia Scott, Jerry Pedlar, Dave Rosene, and Philip Cohen, Also present were City Manager Geral Splinter, D irecto r of Public works Sy Knapp, Director of Planning and Inspection Ron Warren, City Attorney Charlie LeFevere, Personnel Coordinator Geralyn Barone, and Council Secretary Nancy Berg, OPENING CEREMONIES Helen Jacobson offered the invocation. OPEN FORUM Mayor Paulson noted the Council had received no requests to use the open forum session this evening. He inquired if there was anyone present who wished to address the Council. There being none, he continued with the regular agenda items. COUNCIL R EPORT Mayor Paulson congratulated the April and May recycling winners including Lyle Tiedemann, John Craig, Albert Blazevic, David Kanatz, Gloria Baker, Jerry Leach, Elmer Gag and Lois Zajkowski, APPROVAL OF AGENDA AND CONSENT AjGENDA Mayor Paulson inquired if any Councilmembers requested any items bc� removed from the consent agenda. No requests were made. 2/92 612 1 RES OLUTIONS R-� NO. 92 -14 S Membcr Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATI AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DbLI VERY OF ONE (1) COPIER/DUPLICATOR The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously, RESOLUTION NO 92 -146 NIOM bcr 0,,I1a Scott ilitruduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF A 1991 FORD F800 WITH Ht7LAN MOVEL 819 AERIAL BUCKET AND NICHOLS CHIP DUMP BODY The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlw - , and the motion passed unanimously. RESOLUTION NO, 92 -14 Member Celia Scott introduced the following resolution and moved Its adoption: RESOLUTION DECLARING A PUBLIC REMOVAL OF DISEASED TREES (ORDER NO. DST 06/22,92) ORDERING THE The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and The motion passed unanimously. ES LUTI N NO, 92- Meniber Celia Scent introduced the following resolution and moved its adoption; RESOLUTION APPROVING PURCHASE OF FACILITIES DATABASE SOFTWARE, PERSUNAL COMPUTER AND PRINTER FOR PUBLIC UTILITIES DEPARTMENT The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously, LICENSES There was a motion by Couneilmember Scott and seconded by Councilmember Pedlar to approve the following list of licenses: 6/22/92 2 AMUSEMENT DE VICE - OPERA United Artists Theatre Circuit, Inc. — 5810 Shingle Greek Parkway AMUSEMENT DEVICE VENDOR C.D.I. Co. 1317 N. Highway 169 D.V.M. Inc. d/b /a Dahieo 295 North Pascal ITINERAI - - F FOOD ESTABLISHMENTS Brooklyn Center Country Store _T 3440 63rd Avcnue North Minnetonka Orchards Earle Brown Days Olive Garden Central Park Douglas Working Earle Brown Days RENTAL DWELLINGS Renewal; Bennie Rozman Brookdale Ten Apartments Rcdcveo Marvin Garden Townhomes Michael J. Adkins 6315 Brooklyn Boulevard Martha Lahti 5316 Knox Avenue North Martha Lahti 5322 Knox Avenue North Ivan Nohner 3024 Nash Road Roland Scherber 7211 Newton Avenuc North Keuben and Diane Ristrom, Jr. 6821 Noble Avenue North Harshad Bhatt 7206 -12 West River Road Dennis J. Bona 5207 Xerxes Avenue North Richard and Sharon Krawiecki 5209 Xerxes Avenue North Lee Marwede 4700 -02 68th Avenue North The motion passed unanimously. APPROVAL OF MINUTE ,TUNE 8, 1992 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the minutes of June 8, 1992, regular session as printed. The motion passed unanimously. PRESENTA FINANCIAL TASK FORCE REPORT ON PRIORITI7AT PROCESS Denis Kelly, Chair of the Brooklyn Center Financial Task Force, presented their Report and Recommendations. 6/22/92 -3- Mayor Paulson thanked all the members of the Task Force for the hours of hard work the donated on behalf of everyone on the Council and in the City. Councilmember Pedlar thanked the Task Force and stated consideration should be given to the permanency of the Financial Task Force. There was a motion by Councilmember Pedlar and seconded by Councilmember Rosene to direct staff to prepare a resolution making the 13t` klyn Center Financial Task Force a permanent committee. The motion passed unanimously, Councilmember Scott complimented the Task Force for including a section showing the employee recommendations in the report as it will be valuable to the Council at budget time. There was a ,notion by Councilmember Cohen and seconded by Councilmember Scott to accept the Report and Recommendations of the Brooklyn Center financial Task Force, express appreciation and direct staff to send copies to the Governor and legislators. The motion passed unanimously. Councilmember Cohen noted the Task Force comment that the Council and Mayor salary increases to be egregious. He asked the Council to react to this finding with further discussion. There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar to place discussion of Council salaries on tlhc July 13, 1992, agenda to consider revoking the W upcoming January 1, 1993, increases. Financial Task Force Member Ron Christensen suggested the Council move on the salary issue before the November elections stating this would set a proper tone for cost containment. The City Attorney clarified it is not necessary to act before the November elections as the law relates only to increases in salary being prohibited from taking effect before the elections. Salaries can be decreased at any time including after the election. Mr. Kelly stated taking action to lower Council salaries would send a message to Brooklyn Center residents that they are responsible representatives of the City. Councilmember Pedlar felt there is a need for the Council to act on this now. He added this was not an easy recommendation for the Task Force to make, and it is time to "tighten our belts ". Mayor Paulson stated his support for the Financial Task Force recommendation and asked It be put on the next City Council Agenda. The motion passed unanimously. 6/22/92 -4- DISC S IC}N IT Mayor Paulson prescntcd a Resolution Declaring Currimitment to the Brooklyn Center City Charter, Pledging Mutual, Pair Treatment of Employees and Council Me Declaring Against Conflicts of Interest and Misuse of Positions (Mayor Paulson's resolution). Mayor Paulson clarified he has never opposed the current form of government and supports the provisions in the City Charter stating it is a check and balance system, and he supports it in its entirety. Councilmember Rosene concurred this resolution would affirm ' to the m he Council's commitment City h t Charter. Councilmember Cohen noted his Resolution Declaring Commitment to the Brooklyn Center City Charter, Pledging Fair Treatment of Employees, Declaring Against Conflicts of Interest and Misuse of Positions (Councilmember Cohcn's resolution) had been tabled at the last Council meeting and should now be moved on. Councilmember Rosene stated he would support Mayor Paulson's resolution with a change P ag , paragraph, deleting thy first "and , and adding through him indirectly the" and the second "and." He would also change number 2 under the therefore adding "to the citizens of Brooklyn Center" after the word " accountable," He stated we at the Council table are the only pcoplc in City government in Brooklyn Center who are directly Y rectl accountable to the citizens, There was a motion by Councilmember Rosene and seconded by Mayor Paulson for adoption of the Mayor's Resolution Declaring Commitment to the Brooklyn Center City Charter, Pledging Mutual, Fair Treatment of Employees and Council Members, Declaring Against Conflicts of Interest and Misuse of Positions as amcnded. Councilmember Pedlar noted the cable tv sound was not working properly last week when the resolution was read. He suggested it be read again to inform and update the viewing audience. Councilmember Cohen said there is a resolution (Councilmember Cohen's resolution) on the table. The City Attorney confirmed there has not been a motion to remove the original item tabled at the last meeting, and the Mayor would have to rule on whether it remains tabled. Mayor Paulson explained there are two different motions before the Council and ruled to proceed with consideration of the Mayor's Resolution which has been moved and seconded. He explained this ruling is based on the sweeping changes in Councilmember Cohen's resolution which is different in substance from the Mayor's resolution. 6/22/92 -5 - Councilmember Cohen reserved the light toa e appeal the ruling of the Char. The Council Secrete read Secretary ea the Mayors Resolution Declaring Commitment to the Brooklyn Ce"Wr City Charter, Pledging Mutual, Fair Treatment of Employees and Council Members, Declaring Against Conflicts of Interest and Misuse of Positions indicating the additions and deletions to Councilmember Cohen's resolution and the amendments to the Mayor's Resolution as requested by Councilmember Rosenc, Mayor Paulson stated the City Charter sets out the roles and responsibilities of the City Council and his resolution will affirm these Checks and balances. He stated he has requested Council members attend a retreat to discuss these responsibilities as prepared by staff, and the Council should progress to the real issues that are confronting the City. Councilmember Rosene expressed concern that the second paragraph on page two stating that "The City Manager shall be removable by the Council at will ." would be misinterpreted as a threat, but the Council has no thoughts of threatening the City Manager's position. The Resolution is just quoting the City Charter. He proclaimed Brooklyn Center has one of the finest "all- star" staffs. Councilmember Pedlar stated the resolutions basically quote parts of the City Charter which the Council members swore to uphold in their oath of office, Councilmember Scott stated she has received calls of concern about whether the present City officials were attempting to change the City Charter, She stated reaffirm the Council members' belief in he City Charter and indicates they the ill continue to uphold the City Charter, Ted Willard, 6825 Drew Avenue North, expressed his concern regarding the negative tone of the Mayor's State Of the City address, He believed the Mayor wanted to rewrite the City Charter, and he urged the Mayor to promote a spirit of cooperation between the City Council and staff. Mayor Paulson declared his commitment to the City Charter and to promoting a spirit of cooperation with the City Council, Beverly Wolfe, 1707 Amy Lane, expressed her opposition to Councilmember Cohen's Resolution and her approval of Mayor Paulson's State of the City Address. She stated these resolutions arc unnecessary as we have the City Charter and the Mayor cannot single - handedly change the City Charter, Ms. Wolfe also expressed concern about raising families in the City of Brooklyn Center, the problems of drug dealing in the streets, and of homeowners being unable to sell their homes. She feels these issues are more important than resolutions restating the City Charter. 6/22/92 _ 0 6- Mary Ronnebaum, 4712 67th Avenue North, asked the Council to remember they are representing the City and voters who are concerned about the issues. The voters need to know the (council members are responsible people and will represent the citizens. Ron Christensen, 6101 June Avenue North, disagrees with there being a drug problem and felt Brooklyn Center was not the only City faced with this problem. He added Brooklyn Center is working to resolve this problem. Beverly Wolfe restated her concern with crime, drugs, and gangs in Brooklyn Center. She asked the Council to work on ways to resolve these concerns, Councilmember Scott stated the reason Brooklyn Center's statistics are higher on crime is because we have a stronger task force putting together these stats, Mr. Kelly stated at the most recent meeting of the Crime Prevention Fund, the Chief of Police shared the most recent crime report. Crime in Brooklyn (;enter last year was down 17 percent overall from 1987. In addition, some categories were down as much as 64 percent. There were some increases, one which was shoplifting. The Police Chief also repotted Brooklyn Center has one of the lowest residential crime rates, Diane Lerbs, 5107 E. Twin Lake Boulevard, asked Mayor Paulson if changing the Charter rcyuired a unanimous vote of the Council. The City Attorney stated that it requires either a unanimous vote of the Council or majority approval of the voters at a referendum on the amendment. Ron Christensen disagreed with Beverly Wolfe in regard to the salability of homes in Brooklyn Center. He asked the City Council to perform a survey in regard to the real estate market in Brooklyn Center. Jody Brandvold, 5538 Colfax, stated she felt the real estate market in Brooklyn Center was doing well and families with small children were moving into her neighborhood. She thanked the Council for establishing the Earle Brown Neighborhood Committee stating they are working very hard and doing an excellent job. Donn Escher, 3107 65th Avenue North, encouraged the Council to conclude action on this resolution and move forward with other important items. Don Poss, 3212 65th Avenue North, stated the Council is here to discuss the resolution and to make a commitment to the City Charter. The open discussion between the Council and citizens has been a healthy one. He believes the resolution states three things: (1) expresses commitment by Council to operate under a system of rules and laws; (2) pledges that the employees can perform their duties without fear of humiliation; and (3) subscribes to an ethics statement, He also stated that as the City Manager of Blaine, he was aware the resolution before the Council was similar to one previously adopted by Blaine's City Council. 6/22/92 -7- Mayor Paulson asked Mr. Poss when Brooklyn Center received the resolution from Blain and who provided it. Mr. Poss indicated he was unsure, The City Manager stated he was aware Blaine and other communities have adopted similar resolutions, but did not seeing the resolution from Blaine. remember Mayor Paulson reiterated many good comments had been received from this open discussion and he agreed the Council needs to confirm they will protect the City Charter. He stated he would like to discuss further the items that were brought up at a town meeting as he Suggested in his State of the City address, He felt this discussion was very enlightening. Councilmember Cohen again reserved the right to challenge the ruling of the Chair. Councilmember Cohen expressed concern about the drug and crime problems and discussed what the City has done in these areas. He stated in 1981 the Council established the Crime Prevention Fund. In the Humboldt and 69th area the City started the foot police patrol. The City has also cleaned up substandard housing, He felt the Council has been responsive to the concerns of the citizens. There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar to appeal the ruling of the Mayor declining to remove the Cohen resolution from the table. 7"rne City Attorney explained Councilmember Cohen is appealing the ruling of the Chair and it has been seconded. It is an appeal of the ruling of the Chair -- the ruling that the Cohen resolution was not before the Council. Councilmember Scott stated a simple resolution is needed that covers just what needs to be covered, not the whole Charter. She agreed with the need for the Council to reaffirm their support of the Charter. There was a motion by Councilmember Scott and seconded by Councilmember Cohen to cut off debate. Vote on motion to cut off debate: four ayes, one nay. The motion passed. Mayor Paulson voted nay. Vote on the appeal motion: three ayes, two nays. The motion, passed. Councilmember Rosene and Mayor Paulson voted nay. 6122/92 _ 8 - There was a motion by Councilmember Scott and seconded by Councilmember Cohen to amend RESOLUTION DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER, PLEDGING FAIR TREATMENT OF EMPLOYEES, DECLARING AGAINST CONFLICTS OF INTEREST AND MISUSE OF POSITIONS (Councilmember C.ohen's resolution which was before the Council by reason of the vote upon the appeal) to eliminate the following second paragraph under NOW THEREFORE: 2. To counsel and, if necessary, challenge members who exceed their authority or the bounds of acceptable behavior in the conduct of City business. and to also remove the following words from the last sentence of the fourth paragraph under NOW THEREFORE; "and also, will be subject to any other prosecution available under the laws." The motion to amend passed unanimously. There was a motion by Mayor Paulson and seconded by Councilmember Rosene to amend Councilmember Cohen's resolution by adding the following after the fifth WHEREAS: WHEREAS, the Charter provides that "the Mayor shall study the operations of the City government and shall report to the Council any ncglect, dereliction of duty, or waste on the part of any officer or department of the City. WHEREAS, the Charter provides that "the Council and the City Manager, or either of them, and any officer or officers formally authorized by them, or either of them, shall have power to make investigations into the City's affairs, to subpoena witnesses, administer oaths, and compel the production of books and papers. "; and Vote on the second motion to amend: four ayes, one nay. The motion passed. Councilmember Pedlar voted nay. There was a motion by Mayor Paulson and seconded by Councilmember Rosene to amend Councilmember C;ohen's resolution by inserting the following as number 2 under NOW THEREFORE: 2. To rededicate itself to the checks and balances of the City Charter that keep the City government accountable and to reaffirm its commitment to the first amendment rights of the U.S. Constitution. The third motion to amend passed unanimously. 6/22/92 . 9 _ - kaQLUTION NO 9 . -149 Mcmber Celia Scott i the following resolution (Councilmember Cohen's amended resolution) and moved its adoption: RESOLUTION DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER, YLEDGINU FAIR TREATMENT OF EMPLOYEES, DECLARING AGAINST CONFLPG7r$ OF INTEREST AND MIS USE OF POSITIONS The motion for the adoption of the foregoing amended resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. RECE The Brooklyn Center City Council recessed at 9:36 p.m. and reconvened at 9:50 p.m. RECOMMENDATION FROM HUMAN RIGHTS AND RESOURCES COMMISSION_ Rht2ARDING $CHEDULING OF JOINT MEETING OF CITY COUNCIL AND ADVISORY CO MMISSIONS The Personnel Coordinator explained the City Council approved, at its May 11, 1992, City Council meeting, a recommendation from the Human Rights and Resources Commission to hold a joint meeting of the City Council and its advisory commissions at least annually. The Council agreed to schedule the first such meeting in late August or early September of this year and thereafter in the early months of each year. The Human Rights and Resources Commission recommends delaying the first meeting until February of 1992. There was a motion b Councilmember y Rosene and seconded by Counc,lmember Pedlar to postpone the first joint meeting of the City Council and advisory commissions to February of 1993. The motion passed unanimously. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCE RELATING TO DAY CARE CENTERS IN COMMERCIAL ZONES The City Manager presented an Ordinance Amending Chapter 35 of the City Ordinances Relating to Day Care Centers in Commercial Zones for Council's consideration for first reading, The Director of Planning and Inspection reviewed the staff report as well as discussion and action taken by the Planning Commission regarding day care centers in retail shopping centers. The recommended amendment has the effect of eliminating the prohibition against day care centers in retail shopping centers and also abolishes locational restrictions, The Director of Planning and Inspection responded to Council's questions by addressing location of the proposed day care center, proximity to the gas station, plans for landscaping and type of play area proposed. Mr. Clem Springer, Weis Asset Management, stated Humboldt Square is experiencing financial difficulties, and a day care center would promote business as families are stopping; to pick up their children. If approved, they plan to open by September 1, 1992. 6/22/92 - 10- Mayor Paulson felt a day care center is exactly the kind of use needed in this neighborhood 8 it will be a service to the residents, Council briefly addressed concern regarding possible noise and /or odor from the service station. Counciltnember Rosene. emphasized the need to provide a safe ciivironment for the children. Council agreed with the City Manager's suggestion to process the day care CUP in conjunction with the proposed Ordinance amendment. There was a motion by Councilmember Cohen and seconded by Councilmember Scott to approve for first reading an Ordinance Amending Chapter 35 of the City Ordinances Relating to Day Care Centers in Commercial Zones, and setting a public hearing date of July 13, 1992, at 7 :15 p.m. The motion passed unanimously. AN ORDIN ESTABLISHING A MORATORIUM ON HOME OCCUPATION$ ON BROOKLYN BOULEVARD The City Manager presented an Ordinance Establishing a Moratorium on Home Occupations on Brooklyn Boulevard for Council's consideration for first reading. The Director of Planning and Inspection reviewed the staff report as well as discussion and action taken by the Planning Commission regarding a moratorium on home occupations on Brooklyn Boulevard. Mayor Paulson asked that residents along Brooklyn Boulevard be given notice before the second reading. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve for first reading an Urdinancc Establishing a Moratorium on Home Occupations on Brooklyn Boulevard, and setting a public hearing date of July 13, 1992, at 7 :15 p.m. The motion passed unanimously. F REPO RE A IN EN R Y EAT N OPT STAF' {}R C� RD G G CO_., tS RV _. I Q S AT QOVE_RIVMENT BU ILDINGS The City Manager presented the staff report regarding energy conservation options at government buildings. The Director of Public Works presented the City of Brooklyn Center Government Buildings Service Contract Process Outline showing tour steps: (1) staff report, concept approved by City Council, publish request and qualification (RFQ), and selection committee reviews submittals, selects firms to be interviewed, and recommends selection of vendor; (2) City Council approves selection of vendor, vendor conducts preliminary survey of government buildings, and selection committee and vendor use preliminary survey findings to develop detailed goals and objectives; (3) City Council approves issuance of a Letter of Intent based on specified goals and objectives, vendor conducts in -depth analysis, and selection committee and vendor negotiate finalized contract; and (4) City Council approval of finalized contract. 6/22/92 Councilmember Scott stated implementing a plan to better conserve energy will benefit the City because energy costs increase every year. 0 The City Manager stated the City should have a more modern control system in place. The City has had other proposals that were too expensive. He pointed out Honeywell will have to prove the energy conservation, and they have indicated they will accept all challenges. Also, Honeywell will be able to provide expertise on a consistent basis providing the City with energy savings. The City Manager presented a Resolution Approving Concept of a Municipal Service Contract Pursuant to Minnesota Statute 471.345. RESOLUTION NO. 92 -150 Member Colicn introduced the following resolution and moved its adoption: RESOLUTION APPROVING CONCEPT OF A MUNICIPAL SERVICE CONTRACT PURSUANT TO MINNESOTA STATUTE 471.345 The motion for the adoption of the foregoing resolution was duly seconded by member Rosene and the motion passed unanimously. The City Manager presented a Resolution Establishing Project 1992 -16, Energy Conservation Improvements at Community Center, Accepting Proposal and Allocating Funds Therefore. The Director of Public Works explained the underwater lights in the pool will require further analysis and recommended award of contract subject to final approval of underwater pool lights, The Council agreed. RESOLUTION NO. 92 -I51 Member Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT 1992 -16, ENERGY CONSERVA'T'ION IMPROVEMENTS AT COMMUNITY CENTER, ACCEPTING PROPOSAL AND ALLOCATING FUNDS THEREFORE The motion for the adoption of the foregoing resolution (subject to underwater lighting being approved by staff was duly seconded by member Pedlar, and the iuotion passed unanimously. STAFF REPORT RE ARDING DEVEL PMENT OF A PAVEMENT MANAGEMENT PROGRAM The City Manager presented a Resolution Establishing Project No, 1992 -17, Pavement Management Program and Approving Request for Proposals Therefore. 6/22/92 - 12 - The City Engineer answered Council's questions regarding the type of software program and how this will save money by providing an up -to -date inventory analysis on where the City should be making road improvements. The City Manager presented a Resolution Establishing Project No. 1992 -17, Pavement Management Program and Approving Request for Proposals Therefore. . RESOLUTION NO. 92 -152 Member Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT NO. 1992-17, PAVEMENT MANAGEMENT PROGRAM AND APPROVING REQUEST FOR PRUPOSALS THEREFORE The motion for the adoption of the foregoing resolution was duly seconded by member Rosene and the motion passed unanimously. BR K LYN BOULEVARD STUDY AD HOC TASK FORCE The City Manager presented a Kesolution Establishing a Brooklyn Center Ad Hou Brooklyn Boulevard Study Task Force and refining Duties and Responsibilities. Mayor Paulson asked that notice of the Brooklyn Boulevard Study Ad Hoc Task Force be published in the Northwest News and Brooklyn Center Post and notice to residents along Brooklyn Boulevard be included with the Ietter announcing an Ordinance Establishing a Moratorium on Home Occupations on Brooklyn Boulevard. Councilmember Pedlar stated he would like to see a balance on the Task Force of business owners, residents who live on and /or close to Brooklyn Boulevard, and general -at- large, individuals. RESOLUTION NO. 92-15-3 Mayor Paulson introduced the following resolution and moved its adoption- RESOLUTION ESTABLISHING A BROOKLYN CENTER AD HOC BROOKLYN BOULEVARD STUDY TASK FORCE AND DEFINING DUTIES AND RESPONSIBILITIES The motion for the adoption of the foregoing resolution was duly seconded by member Rosene, and the motion passed unanimously. RESQLUTIONS _ (CONTINJED) The City Manager presented a Resolution Amending (Addition to) the 1992 Employee Position and Classification Plan. He explained the resolution will make the City's Retirement Health Insurance Program a part of the City's Position and Classification Pay Plan, 6/22/92 - 13 - RESOLUTION NO. 92 -154 Muniber Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING (ADDITION TO) THE 1992 EMPLOYEE POSITION AND CLASSIFICATION PLAN The motion for the adoption of the foregoing resolution was duly seconded by member Pedlar, and the motion passed unanimously. Mayor Paulson indicated his support of the Retirement Health Insurance Program and clarified it is a retirement benefit that is earned by the employees' hard work. Mayor Paulson announced after adjournment of the EDA meeting, the City Council will convene an Executive Session to review the status of litigation with the City Attorney. ADIOURNME T There was a motion by Councilmember Scott, and seconded by Councilmember Rosene to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 11 :28 p.m. i Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Nancy Berg Northern Counties Secretarial Services i 6/22192 - 14 - CITY OF BROOKLYN CENTER c�a Meeting Da te g!y I3, 1992 Agenda Item N..ber �7 12-- REQUEST FOR COUNCIL CONSIDERATION - ITEM DESCRIPTION: RESOLUTION AMENDING THE URBAN HENNEPIN COUNTY STATEMENT OF PROJECTED USE OF FUNDS FOR YEAR XVIII BY REALLOCATING $30,000.00 FROM THE REHABILITATION OF PRIVATE PROPERTY (PROJECT 53002) TO A NEW MULTI -YEAR ACTIVITY, BROOKLYN CENTER BUSINESS EXPANSION AND RETENTION STUDY (PROJECT 53091 DEPT. APPROVAL: Brad Hoffman, EDA Coordixiator MANAGER'S REVIEW/RECONMENDATION: No comments to supplement this report Comments below /attached • SUNMARY EXPLANATION: (supplemental sheets attached --A RECOMMENDED CITY COUNCIL ACTION • B R O O K L Y N C E N T E R CHAMBER OF C O M M E R C E JUNE 24, 1992 i "THE BOARD of DIRECTORS OF THE BROOKLYN CENTER CHAMBER OF COMMERCE APPROVES SUPPORT OF THE EFFORTS OF THE BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY TO FORM A JOINT POWERS AGREEMENT G WITH THE CITIES OF BROOKLYN PARK, BLAINE, AND FRIDLEY TO PROMOTE BUSINESS RETENTION, MARKET EXPANSION AND CRE JOB CREATION; • INCLUDING A POSITION FOR THE CHAMBER MBER ON THE BUSINESS US NE SS AU I ORY V S COUNCIL." 6205 EARLE BROWN DRIVE SUITE 110 BROOKLYN CENTER, MN 55430 (612) 5668650 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE URBAN COUNTY STATEMENT OF PROJECTED USE OF FUNDS FOR YEAR XVIII BY REALLOCATING $30,000.00 FROM THE REHABILITATION OF PRIVATE PROPERTY (PROJECT 53002) TO A NEW MULTI -YEAR ACTIVITY, BROOKLYN CENTER BUSINESS EXPANSION AND RETENTION STUDY (PROJECT 53091 WHEREAS, the City of Brooklyn Center, through a joint cooperation agreement with Hennepin County, is a participant in the Urban Hennepin County Community Development Block Grant Program; and WHEREAS, the City of Brooklyn Center and Hennepin County have executed Hennepin County Contract No. A09392, the Year XVIII Subrecipient Agreement wherein the City agrees to assume certain responsibilities for the implementation of approved community development activities in the Urban Hennepin County Community Development Block Grant Program; and WHEREAS, the City of Brooklyn Center held a public hearin g on Jul 13 1992 , o consider public comments on a Y proposed amendment to the Year XVIII Urban Hennepin County Statement of Projected Use of Funds; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the City of Brooklyn Center amends the Urban Hennepin County Statement of Projected Use of Funds for Year XVIII by reallocating $30,000.00 from rehabilitation of private property (Project 52001) to the Brooklyn Center Business Expansion and Retention Study (Project 53091), a multi -year project; BE IT FURTHER RESOLVED that the City Council of the City of Brooklyn Center authorizes the Mayor and City Manager to execute Amendment Number 1 to Contract A09392, to implement the subject amendment to the Year XVIII Urban Hennepin County Statement of Proposed Use of Funds. BE IT FURTHER RESOLVED the City Council of the City of Brooklyn Center authorizes the Mayor and City Manager to execute the Urban Hennepin County Community Development Block Grant Program Third Party Agreement between the City of Brooklyn Center and the Economic Development Authority in and for the City of Brooklyn Center. RESOLUTION NO. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council M eeting Date? 13 92 Agenda Item Number �Ct/ REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: An Ordinance Amending Chapter 35 of the City Ordinances Relating to Residential Facilities DEPT. APPROV Ronald A. Warren, Director of Planning and Inspection MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached x ) • The City Council on June 8, 1992 had a first reading on an ordinance amending Chapter 35 of the City Ordinances relating to residential facilities. Attached are copies of all information previously submitted to the City Council relating to this subject matter. The Planning Commission at its May 28, 1992 study session recommended to the City Council the adoption of a draft ordinance amendment. Subsequent to the City Council's first reading of this ordinance amendment, but prior to its publication, the City Attorney recommended some nonsubstantive changes to the ordinance which were made and published. These include a change in the wording of a number of sections of the proposed ordinance to use the phrase "required to be permitted by" rather than "pursuant to." In the definitions portion of the ordinance a proposed definition of "Day Care Facility" was dropped because it was no longer necessary given the existing definitions in the ordinance and the references to State Statutes. Also, the current definition for Rest Home (Nursing Home) was deleted from the Zoning Ordinance because of a new definition for Nursing Care Home, Rest Home, or Convalescent Home. The City Council's attention is directed to the previously submitted information for further review of this proposal. Recommendation It is recommended that the City Council, following the public hearing on this matter, adopt the proposed ordinance amendment. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 13th day of July, 1992, at 7:15 p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to the Zoning Ordinance relating to residential facilities and institutional uses. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES RELATING TO RESIDENTIAL FACILITIES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances is hereby amended in the following manner: Section 35 -310. ONE FAMILY RESIDENCE DISTRICT 1. Permitted Uses C. Licensed residential programs with a licensed capacity of six or fewer persons required to be Permitted by M.S. 245A.11 Subd. 2 and M.S. 462.357, Subd. 7. d. Licensed nonresidential programs with a licensed capacity of 12 or fewer persons required to be Permitted by M.S. 245A.14 Subd. 1. e. Licensed day care facility serving 12 or fewer Persons required to be permitted by M.S. 462.357 Subd. 7 f. Group family day care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer children required to be permitted by M.S. 245.14, Subd. 1 and M.S. 462.357 Subd. 7 Section 35 -311. R2 TWO FAMILY RESIDENCE DISTRICT 1. Permitted Uses C. Licensed residential programs with a licensed capacity of seven to 16 adults or children required to be permitted by M.S. 245A.11 Subd. 3 and M S 462.357, Subd. 8. ORDINANCE NO. d. Licensed nonresidential programs with a licensed capacity of 13 to 16 persons required to be permitted by M.S. 245A.14 Subd. 2. e. Licensed day care facility serving from 13 through 16 persons required to be permitted by M.S. 462.357, Subd. 8 SECTION 35 -312. R3 MULTIPLE FAMILY RESIDENCE DISTRICT 1. Permitted Uses d. Licensed residential programs with a licensed capacity of seven to 16 adults or children required to be permitted by M.S. 245A.11 Subd. 3 and M. S 462.357, Subd. 8. e. Licensed nonresidential programs with a licensed capacity of 13 to 16 persons required to be permitted by M.S. 245A.14 Subd. 2. f. Licensed day care facility serving from 13 through 16 persons required to be permitted by M.S. 462.357, Subd. 8 Section 35 -313. R4 MULTIPLE FAMILY RESIDENCE DISTRICT. 1. Permitted Uses e. Licensed residential programs with a licensed capacity of seven to 16 adults or children required to be permitted by M.S. 245A.11 Subd. 3 and M. S. 462.357, Subd. 8. f. Licensed nonresidential programs with a licensed capacity of 13 to 16 persons required to be permitted by M.S. 245A.14 Subd 2 g._ Licensed day care facility serving from 13 through 16 required to be permitted by M.S. 462.357, Subd. 8. 3. Special Uses a. Nursing care homes, (at not more than 50 beds per acre), [maternity care homes, boarding care homes and child care homes] provided that these institutions shall, where required by state law, or regulation, or by municipal ordinance, be licensed by the appropriate state or municipal authority. ORDINANCE NO. Section 35 -314. R5 MULTIPLE FAMILY RESIDENCE DISTRICT. 1. Permitted Uses f. Licensed residential programs with a licensed capacity of seven to 16 adults or children required to be permitted by M.S. 245A.11, Subd. 3 and M. S. 462.357, Subd. 8. q Licensed nonresidential programs with a licensed capacity of 13 to 16 persons required to be permitted by M.S. 245A.14, Subd. 2. h. Licensed day care facility serving from 13 through 16 persons required to be permitted by M.S. 462.357, Subd. 8. 3. Special Uses a. Nursing care homes, (at not more than 50 beds per acre) , [maternity care homes, boarding care homes and child care homes,] provided that these institutions shall, where required by state law, or regulation, or by municipal ordinance, be licensed by the appropriate state or municipal authority. Section 35 -315. R6 MULTIPLE FAMILY RESIDENCE DISTRICT. 1. Permitted Uses e. Licensed residential programs with a licensed capacity of seven to 16 adults or children required to be permitted by M.S. 245A.11 Subd. 3 and M. S. 462.357, Subd. 8. f. Licensed nonresidential programs with a licensed capacity of 13 to 16 persons required to be permitted by M.S. 245A.14, Subd. 2. q. Licensed day care facility serving from 13 through 16 persons required to be permitted by M.S. 462.357, Subd. 8. Section 35 -316. R7 MULTIPLE FAMILY RESIDENCE DISTRICT. 1. Permitted Uses e. Licensed residential programs with a licensed capacity of seven to 16 adults or children required to be permitted by M.S. 245A.11 Subd. 3 and M. S. 462.357, Subd. 8. ORDINANCE NO. f. Licensed nonresidential programs with a licensed capacity of 13 to 16 persons required to be permitted by M.S. 245A.14, Subd. 2. q Licensed day care facility serving from 13 through 16 persons required to be permitted by M.S. 462.357, Subd. 8. Section 35 -320. C1 SERVICE /OFFICE DISTRICT. 1. Permitted Uses a. Nursing care homes, (at not more than 50 beds per acre) , [maternity care homes, boarding care homes and child care homes,] provided that these institutions shall, where required by state law, or regulation, or by municipal ordinance, be licensed by the appropriate state or municipal authority. Section 35 -322. C2 COMMERCE DISTRICT. 1. Permitted Uses f. The following medical and health uses: 4. Nursing care homes, (at not more than 50 beds per acre) , provided that these institutions shall where required by state law, or regulation or by municipal ordinance, be licensed by the appropriate state or municipal authority. Section 35 -900. DEFINITIONS. The language set forth in the text of this zoning ordinance shall be interpreted in accordance with the following definition. Words used in the present tense shall include the future; words used in the singular include the plural and the plural includes the singular. Dwelling, Attached (Apartment, Condominium Cooperative, Townhouse or Duplex) - A dwelling joined to one or more other dwellings by party wall or walls. Dwelling, Detached - A dwelling entirely surrounded by open space. Hospital - An institution licensed by the state Department of Health primarily engaged in providing, by or under the supervision of physicians, to inpatients (A) diagnostic services and therapeutic services for medical diagnosis, treatment, and care of injured, disabled or sick persons, or (B) rehabilitation services for the rehabilitation of injured, disabled, or sick persons. ORDINANCE NO. Nursing Care Home, Rest Home, or Convalescent Home - A facility which provides for the accommodation of persons who are not acutely ill and not in need of hospital care, but who do require nursing care and related medical services. Examples of nursing care include: bedside care and rehabilitative nursing techniques, administration of medicines, a modified diet regime, irrigations and catheterization, application of dressings or bandages and other treatments prescribed by a physician. In addition, the social, religious, education and recreational needs of these patients may be fulfilled. Program, Nonresidential - shall have the meaning given it in M.S. 245A.02, Subd. 10. Program, Residential - shall have the meaning given it in M. S. 245A.02, Subd. 14. [Rest Home (Nursing Home) - A private home for the care of children, of the aged or infirm or a place of rest for those suffering bodily disorders. The terms "nursing home" and "rest home" shall include "nursing homes ", "boarding care homes ", child care institutions ", licensed and regulated by the State Commissioner of Public Welfare, but shall not include maternity care homes or hospitals which are so regulated.] Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 1992 p Y Mayor ATTEST: Deputy City Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) t CITY OF BROOKLYN CENTER Council meeting Date 6/8Z92 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION * ********************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: Discussion Item - An Ordinance Amending Chapter 35 of the City Ordinances Relating to Residential Facilities DEPT. APPROVAL: Ronald A. Warren, Director of Planning and Inspection MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached x The Planning Commission at its May 28, 1992 study session recommended to the City Council the adoption of a draft ordinance that would amend the City's Zoning Ordinance regarding residential facilities. This is a matter that has for some time been up in the air in terms of how best to write our Zoning Ordinance in light of state mandates that deinstitutionalize the treatment of mentally disabled persons and concerns citizens generally have for safety and protection of their property values if these residential facilities are located in residentially zoned areas of our community. Brooklyn Center has for many years included in its definition of a family a provision that allows group care of six or fewer wards or clients to be considered a family. Thus, the use of property in a single family residential zone for such a purpose is a permitted use in the Zoning Ordinance and is also consistent with the mandates contained in M.S. 245A.11, Sub. 2, and M.S. 462.357, Sub. 7. The problems that we have faced have generally been in the area of multiple family zones and the use of existing facilities for larger group or residential facilities. This was the situation with Northwest Residence and the Bill Kelly House. t SUMMARY EXPLANATION Page 2 June 8, 1992 State Statutes (M.S. 245A.11, Sub. 3 and M.S. 262.357, Sub. 8) also mandate that residential facilities serving 7 to 16 persons are a permitted multiple family residential use of property for purposes of zoning. Brooklyn Center's Zoning Ordinance considered such uses special uses in these zones and we at one time believed we had some ability to control or regulate such uses if we determined that they had adverse affects on such things as safety and property values. History, including the two court cases involving Northwest Residence and the Bill Kelly House (one of which went to the Supreme Court) has shown us that we do not have such an ability. Because of this, and after much discussion, the Planning Commission and staff have concluded that the best way to respond to the reality is to accept the state mandates and requirements and accept provisions that are consistent with and limited to these mandates and requirements. This is reflected in the recommended ordinance to be presented to the City Council on June 8, 1992. The ordinance adopts classifications for residential facilities contained in State Statute which include primarily "residential programs" and "nonresidential programs" as defined by Minnesota Statutes. Related uses in the Rl (one family residence) district would include licensed residential programs with a licensed capacity of six or fewer persons; licensed nonresidential programs with a licensed capacity of 12 or fewer persons; licensed day care facilities serving 12 or fewer persons; and group family day care facilities licensed under Minnesota regulations to serve 14 or fewer children. In the multiple family residence districts, (R2 through R7) permitted uses would include licensed residential programs with a licensed capacity of 7 to 16 persons; licensed nonresidential programs with a licensed capacity of 13 to 16 persons and licensed day care facilities serving from 13 through 16 persons. Nothing more than what is mandated or required by State Statutes in terms of these residential facilities would be allowed in these multiple family zones. The recommended ordinance deletes references to group residential programs or facilities as special uses in the multiple family residence zoning districts. This recommendation comes about after much discussion and consideration. The justification for the recommendation is that the City has no ability to regulate facilities, particularly by limiting or prohibiting them, therefore, we should not put ourselves into the position of giving the appearance of having some control or authority when we do not. Our only effective ability to control is to not allow more than what is mandated by the statutes. Concerns generally raised at public hearings are usually related to the licensing of these facilities such as the number of staff, the qualifications of SUMMARY EXPLANATION Page 2 June 8, 1992 staff, the eligibility of persons being treated, program concerns, and other things which should be directed to the licensing authority, namely the State of Minnesota Department of Human Services. The recommended ordinance also adopts State Statutes by reference which includes provisions for spacing, density and separation of facilities and communities (see references to State Statues which are attached). The ordinance as being presented is in a form that can, if the City Council desires, be adopted for first reading and set on for publication and public hearing. Recommendation It is recommended that the City Council discuss the recommended ordinance provisions and give direction regarding how they wish to proceed with this ordinance provision. MEMORANDUM TO: Planning Commission FROM: Planning Staff DATE: May 27, 1992 SUBJECT: Residential Facilities Ordinance The Planning Commission has been reviewing over the past couple of study sessions a Residential Facilities Ordinance (more commonly referred to as a Group Home Ordinance). A draft was presented at the March 26, 1992 study session which was later reviewed by City staff along with the City Attorney. Various suggestions have come forth from that particular review and we are in the process now of retyping a draft ordinance amendment for presentation to the Planning Commission at Thursday evening's meeting. The proposed ordinance would adopt classifications for residential facilities contained in the State Statutes. Those terminologies include primarily "Residential Programs" and "Nonresidential Programs ". The definitions for these two terms would be those appearing in Minnesota Statutes and would be cited in the definition section of the Zoning Ordinance in that manner. As has been discussed, we are recommending that these types of facilities be considered only permitted uses in the various residential zoning districts. We are not recommending the use of special use permits for review and recommendation on individual proposals. Uses that would be permitted in the R1 (Single Family Residential District) would include licensed residential programs with a license capacity of six or fewer persons; licensed nonresidential programs with a licensed capacity of 12 or fewer persons; licensed day care facilities serving 12 or fewer persons; and group family day care facilities licensed under State regulations to serve 14 or fewer children. In the Multiple Family Residential zoning districts, including the R2 zoning district, we would have licensed residential programs with a licensed capacity of 7 to 16 persons; licensed nonresidential programs with a licensed capacity of 13 to 16 persons and licensed day care facilities serving from 13 through 16 persons all in accordance with the appropriate State Statute. The ordinance will go on to delete reference to child care, boarding care, maternity care, and group care facilities currently referred to as special uses in the R5 zoning district and permitted uses in the C1 zoning district. Nursing homes would continue to be special uses in the R5 zone and would be listed as permitted uses in the C1 and C2 zoning districts. Memo Residential Facilities Ordinance Page 2 May 27, 1992 In the definitions section of the ordinance we would be adding a definition for residential program and nonresidential program. Also, the ordinance would contain definitions for day care facility; dwelling, attached; dwelling, detached; hospital; and nursing home, rest home, or convalescent home. We are also not recommending at this time establishing the two public institutional zoning districts that had been considered previously. We will be prepared to review and discuss this matter in more detail at Thursday evening's meeting. MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION 10 OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA MAY 28, 1992 STUDY SESSION CITY HALL CALL TO ORDER The Planning Commission met in study session and was called to order by Chairperson Barbara Kalligher at 7:33 p.m. ROLL CALL Chairperson Barbara Kalligher, Commissioners Ella Sander, Wallace Bernards and Kristen Mann. Also present were Director of Planning and Inspection Ronald Warren and Planner Gary Shallcross. Chairperson Kalligher he P r noted that q Commissioner Johnson was excused in light of recent surgery. APPROVAL OF MINUTES - May 14 1992 Motion by Commissioner Bernards seconded by Commissioner Mann to approve the minutes of the May 14, 1992 Planning Commission meeting as submitted. Voting in favor: Chairperson Kalligher, Commissioners Sander, Bernards and Mann. Voting against: none. DISCUSSION ITEMS a. Group ome p Ordinance The Secretary introduced the first discussion item of the meeting, a draft Group Home Ordinance or Residential Facilities Ordinance that he passed out to the Commissioners at the meeting. He stated that it followed the definitions in the State Statute regarding Residential Facilities. Commissioner Holmes arrived at 7:36 p.m. The Secretary stated that in a single family zone, residential programs with six or fewer clients, nonresidential programs with twelve or fewer clients, licensed day care with 12 or fewer clients and group family day care with 14 or fewer children would be allowed as permitted uses. He stated that in the multiple zone, which applies to zones R2 through R7, nursing homes would be left in and other residential facilities would be permitted with up to 16 clients. He stated there would be no special use permits for residential facilities. He stated that the ordinance in essence accepts the mandates of State Statute and nothing more. In the C1 zone, the Secretary noted that residential facilities would be eliminated. He stated that in the C2 zone, nursing homes would be added to the category that also allows hospitals. He then reviewed the definitions for day care facility, dwellings both attached and 5 -28 -92 1 detached, hospital, nursing home, nonresidential program, and residential program. He stated that he recommended against adopting any institutional zones at this time, noting that the City Attorney had advised against this kind of provision. Commissioner Mann asked whether miniprisons would be considered residential programs. The Secretary stated that if they were licensed by the Department of Human Services (which they are not), then they could be allowed in a residential district. The Secretary reviewed the definition of a residential program in State Statute. He stated that if such a facility is licensed as a residential program, then it would be allowed. Commissioner Bernards stated that he felt that the ordinance was overly verbose. He asked why it was necessary to recite the State Statute in each of these cases. The Secretary stated that it could be changed or simplified if that was desired. He explained that each of the categories listed had different numbers of clients allowed and were mandated by State Statute. He added that he preferred having some type of listing in the Zoning Ordinance even if it was only a repeat of State Statute. Commissioner Bernards stated that the State may change the number of clients that are mandated. The Secretary stated that it would be fairly simple to modify the ordinance if that happens. Commissioner Bernards noted that the ordinance does not really address the question of density. He asked if the City was powerless regarding that point. The Secretary answered in the affirmative. Commissioner Bernards asked about the possibility of having one right next door to another. The Secretary stated that State Statute limits the location of residential programs, establishing distance requirements between them. Commissioner Mann asked whether the ordinance addressed day care in commercial zones. The Secretary stated that it was not really addressed in this ordinance, though it would be discussed later in the meeting. He stated that the residential facilities ordinance only addresses day care in residential zones. Commissioner Holmes asked whether the number of 16 or fewer in residential facilities included staff. The Secretary answered that staff people would be separate, that the 16 refers to clients only. In response to a question from Commissioner Holmes regarding eliminating boarding care homes, etc., the Secretary answered that that provision had allowed residential facilities as a special use in the R4 and R5 zones and had been the provision used to acknowledge Northwest Residence and Bill Kelly House as special uses. Commissioner Holmes asked how many clients the Bill Kelly House would be allowed to have if the new ordinance were in effect. The Secretary answered that they could not have more than 16 clients. Commissioner Mann stated that she was somewhat reluctant to do away with the special use permit process. The Secretary explained that the State mandates 16 clients. He added that the draft ordinance would limit residential facilities to 16 clients. He stated that 5 -28 -92 2 there is really nothing to argue about regarding facilities with 16 or fewer clients since they are mandated anyway. Commissioner Bernards asked if it was the case that the City would not consider facilities with over 16 clients under this ordinance. The Secretary responded in the affirmative. He stated that the State mandates certain numbers and that the City would accept those numbers and that's all. Commissioner Mann stated that residential facilities might turn out to be good neighbors. The Secretary agreed stating that he often has received calls of concern when such facilities are first proposed in a neighborhood, but after they are established, there are generally very few complaints. Commissioner Bernards stated that, having been on the Planning Commission when the Bill Kelly House was considered, he agreed that the special use permit process was a problem for the City. He stated that he endorsed the approach in the draft ordinance. The Secretary noted that the City has suffered from lawsuits relating to a couple of group homes. Commissioner Mann asked whether any other communities have taken this route. The Secretary stated that he didn't know of any offhand, but he thought that other communities have dealt with this issue in their ordinances. He stated that there are some properties in town where such facilities might locate and added that they have generally been good neighbors. Commissioners Bernards and Mann both stated that they liked the draft ordinance after further explanation. ACTION RECOMMENDING ADOPTION OF ORDINANCE AMENDMENT REGARDING RESIDENTIAL FACILITIES Motion by Commissioner Mann seconded by Commissioner Holmes to recommend to the City Council the adoption of an ordinance amendment relating to residential facilities. Voting in favor: Chairperson Kalligher, Commissioners Sander, Bernards, Mann and Holmes. Voting against: none. The motion passed. b. Day Care Facilities in Retail Shopping Centers The Secretary then referred the Commission's attention to a memo that he had drafted relating to day care facilities in retail shopping centers and to other material relating to the development of the commercial day care ordinance. He also noted a letter that had been submitted by Weis Asset Management, Inc., the owners of Humboldt Square Shopping Center. He reviewed the background of the New Horizon application in 1984 which led to the ordinance amendment regulating day care in commercial zones. He stated that at that time some concern had been expressed regarding the outside play areas and that some detailed regulations regarding these play areas had been included in the ordinance. He noted that later the City allowed drop in centers to be located in shopping centers 5 -28 -92 3 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1992 at p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to the Zoning Ordinance relating to residential facilities and institutional uses. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES RELATING TO RESIDENTIAL FACILITIES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances is hereby amended in the following manner: Section 35 -310. ONE FAMILY RESIDENCE DISTRICT 1. Permitted Uses c. Licensed residential programs with a licensed capacity of six or fewer persons pursuant to M.S. 245A.11 Subd. 2 and M.S. 462.357 Subd. 7. d. Licensed nonresidential programs with a licensed capacity of 12 or fewer persons pursuant to M.S. 245A.14 Subd. 1 and M.S. 462.357 Subd. 7. e. Licensed day care facility serving 12 or fewer persons pursuant to M.S. 4.62.357, Subd. 7. f. Group family day care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445, to serve 14 or fewer children. Section 35 -311. R2 TWO FAMILY RESIDENCE DISTRICT 1. Permitted Uses c. Licensed residential programs with a licensed capacity of seven to 16 adults or children pursuant to M.S. 245A.11 Subd. 3 and M. S 462.357, Subd 8. d. Licensed nonresidential programs with a licensed capacity of 13 to 16 persons _pursuant to M.S. 245A.14, Subd. 2 and 462.357 Subd 8 e. Licensed day care facility serving from 13 through 16 persons pursuant to M.S. 462.357, Subd 8 SECTION 35 -312. R3 MULTIPLE FAMILY RESIDENCE DISTRICT 1. Permitted Uses d. Licensed residential programs with a licensed capacity of seven to 16 adults or children pursuant to M.S. 245A.11, Subd. 3 and M. S 462.357, Subd 8. e. Licensed nonresidential programs with a licensed capacity of 13 to 16 persons pursuant to M.S. 245A.14, Subd. 2 and 462.357, Subd. 8. f. Licensed day care facility serving from 13 through 16 persons pursuant to M.S. 462.357, Subd. 8 Section 35 -313. R4 MULTIPLE FAMILY RESIDENCE DISTRICT. 1. Permitted Uses e. Licensed residential programs with a licensed capacity of seven to 16 adults or children pursuant to M.S. 245A.11 Subd. 3 and M. S. 462.357 Subd. 8. f. Licensed nonresidential programs with a licensed capacity of 13 to 16 persons pursuant to M.S. 245A.14, Subd. 2 and 462.357, Subd. 8. g_ Licensed day care facility serving from 13 through 16 persons pursuant to M.S. 462.357, Subd. 8. 3. Special Uses a. Nursing care homes, (at not more than 50 beds per acre), [maternity care homes, boarding care homes and child care homes] provided that these institutions shall, where required by state law, or regulation, or by municipal ordinance, be licensed by the appropriate state or municipal authority. Section 35 -314. R5 MULTIPLE FAMILY RESIDENCE DISTRICT. 1. Permitted Uses f. Licensed residential programs with a licensed capacity of seven to 16 adults or children pursuant to M.S. 245A.11 Subd 3 and M. S 462.357 Subd. 8. q Licensed nonresidential programs with a licensed capacity of 13 to 16 persons pursuant to M.S. 245A.14, Subd. 2 and 462.357, Subd. 8. h. Licensed day care facility serving from 13 through 16 persons pursuant to M.S. 462.357 Subd. 8. 3. Special Uses a. Nursing care homes, (at not more than 50 beds per acre), [maternity care homes, boarding care homes and child care homes,] provided that these institutions shall, where required by state law, or ss.. regulation, or by municipal ordinance, be licensed by the appropriate state or municipal authority. Section 35 -315. R6 MULTIPLE FAMILY RESIDENCE DISTRICT. 1. Permitted Uses e. Licensed residential programs with a licensed capacity of seven to 16 adults or children pursuant to M.S. 245A.11 Subd. 3 and M. S. 462.357 Subd. 8. f. Licensed nonresidential programs with a licensed capacity of 13 to 16 persons pursuant to M.S. 245A.14, Subd. 2 and 462.357, Subd. 8. g_ Licensed day care facility serving from 13 through 16 persons pursuant to M.S. 462.357, Subd. 8. Section 35 -316. R7 MULTIPLE FAMILY RESIDENCE DISTRICT. 1. Permitted Uses e. Licensed residential ro rams with a licensed p g capacity of seven to 16 adults or children pursuant to M.S. 245A.11 Subd. 3 and M. S. 462.357 Subd 8. f. Licensed nonresidential programs with a licensed capacity of 13 to 16 persons pursuant to M.S. 245A.14 Subd. 2 and 462.357 Subd. 8. g._ Licensed day care facility serving from 13 through 16 Persons pursuant to M.S. 462.357, Subd. 8. Section 35 -320. C1 SERVICE /OFFICE DISTRICT. 1. Permitted Uses a. Nursing care homes, (at not more than 50 beds per acre), [maternity care homes, boarding care homes and child care homes,] provided that these institutions shall, where required by state law, or regulation, or by municipal ordinance, be licensed by the appropriate state or municipal authority. Section 35 -322. C2 COMMERCE DISTRICT. + 1. Permitted Uses f. The following medical and health uses: 4. Nursing care homes, (at not more than 50 beds per acre), provided that these institutions shall where required by state law, or regulation or by municipal ordinance be licensed by the appropriate state or municipal authority. Section 35 -900. DEFINITIONS. The language set forth in the text of this zoning ordinance shall be interpreted in accordance with the following definition. Words used in the present tense shall include the future; words used in the singular include the plural and the plural includes the singular. Day Care Facility - A facility, public or private wh-ich for gain or otherwise regularly provides one or more persons with care training supervision habilitation rehabilitation or developmental guidance on a regular basis for persons of less than 24 hours per day, in a place other than the person's own home Day care facilities include but are not limited to: family day care homes, group family day care homes day care centers day nurseries nurs.ery schools daytime activity centers day treatment y y y programs, and day services Dwelling,. Attached (Apartment Condominium, Cooperative Townhouse or Duplex) - A dwelling joined to one or more other dwellings by party wall or walls Dwelling, Detached - A dwelling entirely surrounded by open space. I Hospital - An institution licensed by the state Department of Health primarily engaged in providing by or under the supervision of physicians to inpatients (A) diagnostic services and therapeutic services for medical diagnosis treatment, and care of injured, disabled or sick _persons or (B) rehabilitation services for the rehabilitation of injured disabled or sick persons Nursing Home, Rest Home or Convalescent Home - A facility which provides for the accommodation of persons who are not acutely ill and not in need of hospital care but who do require nursing care and related medical services Examples of nursing care include: bedside care and rehabilitative nursing techniques administration of medicines a modified diet regime irrigations and catheterization application of dressings or bandages and other treatments prescribed by a physician In addition the social religious, education and recreational needs of these patients must be fulfilled. Program, Nonresidential - shall have the meaning given it in M.S. 245A.02, Subd. 10. Program Residential - shall have the meaing given it in M S 245A.02, Subd. 14 Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 1992 Mayor ATTEST: Clerk 245A.02 HUMAN SERVICES LICENSING 5694 569_ (4) an individual who is a member of an organization exempt from taxation under section 290.05, unless the individual is also an officer or director of the program or owns 4. any of the beneficial interests not excluded in this subdivision. This clause does not exclude from the definition of controlling individual an organization that is exempt par from taxation. or Subd. 6. County agency. "County agency" means the agency designated by the in r 1 ! county board of commissioners, human service boards, county welfare boards or multi- county welfare boards, or departments where those have been established under the a p law. ter. Subd. 6a. Drop -in child care program. "Drop -in child care program" means a non- or residential program of child care in which children participate on a one -time only or occasional basis up to a maximum of 45 hours per child, per month. A drop -in child vid f . care program must be licensed under Minnesota Rules governing child care centers. A tio: �= ,a- drop -in child care program must meet one of the following requirements to qualify for or a ! ! ! the rule exemptions specified in section 245A.14, subdivision 6: ser yf (1) the drop -in child care program operates in a child care center which houses no rel, fit!' child care program except the drop -in child care program; cal ` s (2) the drop -in child care program operates in the same child care center but not fac during the same hours as a regularly scheduled ongoing child care program with a stable ing enrollment; or a p j (3) the drop -in child care program operates in a child care center at the same time pre as a regularly scheduled ongoing child care program with a stable enrollment but the cal program's activities, except for bathroom use and outdoor play, are conducted sepa- fur rately from each other. chi ser. ; Subd. 7. Functional impairment. For the purposes of adult day care or adult foster ?E care, "functional impairment" means: p � y dit 1 a condition that is 4 , () characterized by substantial difficulty in carrying out one or more of the essential major activities of daily living, such as caring for oneself, per- s4 f forming manual tasks, walking, seeing, hearing, speaking, breathing, learning, working; . or 24 A (2) a disorder of thought or mood that significantly impairs judgment, behavior, l capacity to recognize reality, or ability to cope with the ordinary demands of life and ua t that requires support to maintain independence in the community. inc Subd. 8. License. "License" means a certificate issued by the commissioner autho- rizing the license holder to provide a specified program for a specified period of time and in accordance with the terms of the license and the rules of the commissioner. ad Subd. 9. License holder. "License holder" means an individual, corporation, part- nership, voluntary association, or other organization that is legally responsible for the . j operation of the program, has been granted a license by the commissioner under sec- 1 tions 245A.01 to 245A.16 and the rules of the commissioner, and is a controlling indi- vidual. vie Subd. 10. Nonresidential program. "Nonresidential program" means care, supervi- Sion, rehabilitation, training or habilitation of a person provided outside the person's so: own home and provided for fewer than 24 hours a day, including adult day care pro- ,; grams; a nursing home that receives public funds to provide services for five or more persons whose primary diagnosis is mental retardation or a related condition or mental ie, illness and who do not have a significant physical or medical problem that necessitates nursing home care; a nursing home or hospital that was licensed by the commissioner j I on July 1, 1987, to provide a program for persons with a physical handicap that is not m ' the result of the normal aging process and considered to be a chronic condition; and (i chemical dependency or chemical abuse programs that are located in a nursing home ki- or hospital and receive public funds for providing chemical abuse or chemical depen- ca dency treatment services under chapter 254B. Nonresidential programs include home and community -based services and semi - independent living services for persons with oc mental retardation or a related condition that are provided in or outside of a person's be own home. nc i r 44 5595 HUMAN SERVICES LICENSING 245A.03 :er ? Subd. 11. Person. "Person" means a child or adult as defined in subdivisions 2 and ns t of Subd. 12. Private agency. "Private agency" means an individual, corporation, pt partnership, voluntary association or other organization, other than a county agency, or a court with jurisdiction, that places persons who cannot remain in their own homes :e in residential programs, foster care, or adoptive homes. Subd. 13. Individual who is related. "Individual who is related" means a spouse, a parent, a natural or adopted child or stepchild, a stepparent, a stepbrother, a stepsis- er, a niece, a nephew, an adoptive parent, a grandparent, a sibling, an aunt, an uncle, or a legal guardian. 'r Subd. 14. Residential program. "Residential program" means a program that pro- d vides 24- hour -a -day care, supervision, food, lodging, rehabilitation, training, educa- iL ion. habilitation, or treatment outside a person's own home, including a nursing home r or hospital that receives public funds, administered by the commissioner, to provide services for five or more persons whose primary diagnosis is mental retardation or a r iated condition or mental illness and who do not have a significant physical or medi- c -al problem that necessitates nursing home care; a program in an intermediate care acility for four or more persons with mental retardation or a related condition; a nurs- ing home or hospital that was licensed by the commissioner on July 1, 1997, to provide program for persons with a physical handicap that is not the result of the normal aging ;1rocess and considered to be a chronic condition; and chemical dependency or chemi- cal abuse programs that are located in a hospital or nursing home and receive public funds for providing chemical abuse or chemical dependency treatment services under chapter 254B. Residential programs include home and community -based services and semi- independent living services for persons with mental retardation or a related con - dition that are provided in or outside of a person's own home. History: 1987 c 333 s 2; 1988 c 411 s 1; 1989 c 282 art 2 s 60 -65; 1990 c 568 art 2 40 Qi 245A.03 WHO MUST BE LICENSED. Subdivision 1. License required. Unless licensed by the commissioner, an individ- ual, corporation, partnership, voluntary association, other organization, or controlling individual must not: (1) operate a residential or a nonresidential program; (2) receive a child or adult for care, supervision, or placement in foster care or adoption; (3) help plan the placement of a child or adult in foster care or adoption; or (4) advertise a residential or nonresidential program. Subd. 2. Exclusion from licensure. Sections 245A.01 to 245A.16 do not apply to: (1) residential or nonresidential programs that are provided to a person by an indi- vidual who is related; (2) nonresidential programs that are provided by an unrelated individual to per- sons from a single related family; (3) residential or nonresidential programs that are provided to adults who do not abuse chemicals or who do not have a chemical dependency, a mental illness, mental retardation or a related condition, a functional impairment, or a physical handicap; (4) sheltered workshops or work activity programs that are certified by the com- missioner of jobs and training; (5) programs for children enrolled in kindergarten to the 12th grade and pre- kindergarten special education programs that are operated by the commissioner of edu- cation or a school as defined in section 120.101, subdivision 4; (6) nonresidential programs for children that provide care or supervision for peri- ods of less than three hours a day while the child's parent or legal guardian is in the same building or present on property that is contiguous with the physical facility where the j nonresidential program is provided; I Y -07 HUMAN SERVICES LICENSING 245A.11 �i 21 SPECIAL CONDITIONS FOR RESIDENTIAL PROGRAMS. i Subdivision 1. Policy statement. It is the policy of the state that persons shall not i e excluded by municipal zoning ordinances or other land use regulations from the ben- ts of normal residential surroundings. Subd. 2. Permitted single- family residential use. Residential programs with a tensed capacity of six or fewer persons shall be considered a permitted single- family - .- idential use of property for the purposes of zoning and other land use regulations. Subd. 3. Permitted multifamily residential use. Unless otherwise provided in any - ,vm, municipal, or county zoning regulation, a licensed residential program with a ;:tensed capacity of seven to 16 adults or children shall be considered a permitted mul- tamily residential use of property for the purposes of zoning and other land use regula- ` ions. A town, municipal, or county zoning authority may require a conditional use or ecial use permit to assure proper maintenance and operation of a residential pro- -am. Conditions imposed on the residential program must not be more restrictive than F i imposed on other conditional uses or special uses of residential property in the :me zones, unless the additional conditions are necessary to protect the health and _ .;ety of the adults or children being served by the program. Nothing in sections .Irk ' ,5A.01 to 245A.16 shall be construed to exclude or prohibit residential programs from ingle- family zones if otherwise permitted by local zoning regulations. Subd. 4. Location of residential programs. In determining whether to grant a .tense, the commissioner shall specifically consider the population, size, land use plan, =` ::vailability of community services, and the number and size of existing licensed resi- , l-ntial programs in the town, municipality, or county in which the applicant seeks to iperate a residential program. The commissioner shall not grant an initial license to anv residential program if the residential program will be within 1,320 feet of an exist - ng residential program unless one of the following conditions apply: (1) the existing - csidential program is located in a hospital licensed by the commissioner of health; or (2) the town, municipality, or county zoning authority grants the residential program a conditional use or special use permit. In cities of the first class, this subdivision Y applies even if a residential program is considered a permitted single- family residential +� use of property under subdivision 2. Foster care homes are exempt from this subdivi- sion. Subd. 5. Overconcentration and dispersal. (a) Before January 1, 1985, each county having two or more group residential programs within 1,320 feet of each other shall submit to the department of human services a plan to promote dispersal of group resi- dential programs. In formulating its plan, the county shall solicit the participation of ' affected persons, programs, municipalities having highly concentrated residential pro- gram populations, and advocacy groups. For the purposes of this subdivision, "highly concentrated" means having a population in residential programs serving seven or more persons that exceeds one -half of one percent of the population of a recognized 01 planning district or other administrative subdivision. (b) Within 45 days after the county submits the plan, the commissioner shall cer- tify whether the plan fulfills the purposes and requirements of this subdivision includ- ing the following requirements: (1) a new program serving seven or more persons must not be located in any recog- nized planning district or other administrative subdivision where the population in res- idential programs is highly concentrated; (2) the county plan must promote dispersal of highly concentrated residential pro- gram populations; (3) the county plan shall promote the development of residential programs in areas that are not highly concentrated; (4) no person in a residential program shall be displaced as a result of this section until a relocation plan has been implemented that provides for an acceptable alterna- tive placement; �; (5) if the plan provides for the relocation of residential programs, the relocation i 245A.11 HUMAN SERVICES LICENSING 5708 j must be completed by January 1, 1990. If the commissioner certifies that the plan does not do so, the commissioner shall state the reasons, and the county has 30 days to sub - mit a plan amended to comply with the requirements of the commissioner. (c) After July 1, 1985, the commissioner may reduce grants under section 245.73 j to a county required to have an approved plan under paragraph (a) if the county does not have a plan approved by the commissioner or if the county acts in substantial disre- gard of its approved plan. The county board has the right to be provided with advance .E notice and to appeal the commissioner's decision. If the county requests a hearing within 30 days of the notification of intent to reduce grants, the commissioner shall not E certify any reduction in grants until a hearing is conducted and a decision made in �) accordance with the contested case provisions of chapter 14. Subd. 6. Hospitals; exemption. Residential programs located in hospitals shall be t ' exempt from the provisions of this section. j History: 1987 c 333 s 12; 1988 c 411 s 6; 1990 c 568 art 2 s 47 H :p • 245A.12 VOLUNTARY RECEIVERSHIP FOR RESIDENTIAL PROGRAMS. Subdivision 1. Definitions. For purposes of this section and section 245A.13, the �• following terms have the meanings given them. (a) "Controlling individual" has the meaning in section 245A.02, subdivision Sa. � When used in this section and section 245A.13, it means only those individuals control- (' ling the residential program prior to the commencement of the receivership period. 4 (b) "Physical plant" means the building or buildings in which a residential pro- `'; gram is located; all equipment affixed to the building and not easily subject to transfer :p as specified in the building and fixed equipment tables of the depreciation guidelines; s' and auxiliary buildings in the nature of sheds, garages, and storage buildings located on the same site if used for purposes related to resident care. (c) "Related party" means a person who is a close relative of a provider or a pro- vider group; an affiliate of a provider or a provider group; a close relative of an affiliate of a provider or provider group; or an affiliate of a close relative of an affiliate of a pro- vider or provider group. For the purposes of this paragraph, the following terms have the meanings given them. ' (1) "Affiliate" means a person that directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with another person. I (2) "Person" means an individual, a corporation, a partnership, an association, a { ; trust, an unincorporated organization, or a government or political subdivision. (3) "Close relative of an affiliate of a provider or provider group" means an indi- vidual whose relationship by blood, marriage, or adoption to an individual who is an j affiliate to a provider or a provider group is no more remote than first cousin. (4) "Control" includes the terms "controlling," "controlled by," and "under com- mon control with" and means the possession, direct or indirect, of the power to direct or cause the direction of the management, operations, or policies of a person, whether !` through the ownership of voting securities, by contract, or otherwise. (5) "Provider or provider group" means the license holder or controlling individ- ual prior to the effective date of the receivership. Subd. 2. Receivership agreement. A majority of controlling individuals of a resi- dential program may at any time ask the commissioner to assume operation of the resi- dential program through appointment of a receiver. On receiving the request for a receiver, the commissioner may enter into an agreement with a majority of controlling individuals and become the receiver and operate the residential program under condi- tions acceptable to both the commissioner and the majority of controlling individuals. The agreement must specify the terms and conditions of the receivership and preserve ; d the rights of the persons being served by the residential program. A receivership set up under this section terminates at the time specified by the parties to the agreement. 7 245A.13 HUMAN SERVICES LICENSING 5712 57 e (2) determine the need for additional staff, additional annual hours by type of or employee, and additional consultants, services, supplies, equipment, repairs, or capital cr assets necessary to satisfy the needs or deficiencies. al Subd. 8. Adjustment to the rate. Upon review of rates under subdivision 7, the payment rate. The commissioner fi, ma ad�ust the residential program's commissioner P Y Y l shall review the circumstances, together with the residential program cost report, to determine whether or not the deficiencies or needs can be corrected or met by reallocat- al ing residential program staff, costs, revenues, or other resources including any invest- ments, efficiency incentives, or allowances. If the commissioner determines that any fc deficiency cannot be corrected or the need cannot be met with the payment rate cur- fi: rently being paid, the commissioner shall determine the payment rate adjustment by dividing the additional annual costs established during the commissioner's review by a; the residential program's actual resident days from the most recent desk - audited cost ! li report or the estimated resident days in the projected receivership period. The payment rate adjustment must meet the conditions in Minnesota Rules, parts 9553.0010 to 9553.0080, and remains in effect during the period of the receivership or until another date set by the commissioner. Upon the subsequent sale or transfer of the residential °` program, the commissioner may recover amounts that were paid as payment rate adjustments under this subdivision. The buyer or transferee shall repay this amount to 2 ' the commissioner within 60 days after the commissioner notifies the buyer or transferee j of the obligation to repay. This provision does not limit the liability of the seller to the T commissioner pursuant to section 256B.0641 tc Subd. 9. Receivership accounting. The commissioner may use the medical assis- c ` tance account and funds for receivership cash flow and accounting purposes. is si Subd. 10. Receivership costs. The commissioner may use the accounts and funds that would have been available for the room and board, services, and program costs e: t of persons in the residential program for costs, cash flow, and accounting purposes p related to the receivership. o_ History: 1987 c 333 s 14; 1988 c 411 s 7,• 1989 c 282 art 2 s 83; 1990 c 568 art 2 s (� �'. 49 a: !a o 245A.14 SPECIAL CONDITIONS FOR NONRESIDENTIAL PROGRAMS. d Y Subdivision 1. Permitted single - family residential use. A licensed nonresidential o program with a licensed capacity of 12 or fewer persons and a group family day care t` facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445, to serve 14 or st !' fewer children shall be considered a permitted single- family residential use of property rr for the purposes of zoning and other land use regulations. fc s C as otherwise provided in subdivision Except Subd. 2. Permitted multifamily use. P T ' 1 or in a town, municipal, or county regulation, a licensed nonresidential program with { a licensed capacity of 13 to 16 persons shall be considered a permitted multifamily resi- fc dential use of property for purposes of zoning. A town, municipal, or county zoning c " authority may require a conditional use or special use permit in order to assure proper ° maintenance and operation of the program. Conditions imposed on the nonresidential a program must not be more restrictive than those imposed on other conditional uses or b t i special uses of residential property in the same zones unless the additional conditions are necessary to protect the health and safety of the persons being served by the nonresi- 1 dential program. Nothing in sections 245A.01 to 245A.16 shall be construed to exclude a zones if otherwise permitted b le r prohibit nonresidential programs from single-family P Y o P P g L local zoning regulations. t j Subd. 3. Conditional license. Until such time as the commissioner adopts appro- j priate rules for conditional licenses, no license holder or applicant for a family or group 5 family day care license is required to spend more than $100 to meet fire safety rules s i "R" occupanci under the Uniform Buildin meet Group 1n excess of those required to p P r: Code, chapter 12, as incorporated by reference in Minnesota Rules, part 1305.0100. When the commissioner determines that an applicant or license holder of a family k '1 i • 462.357 HOUSING, REDEVELOPMENT, PLANNING, ZONING 94(v, ¢407 should not be excluded by municipal zoning ordinances or other land use regulations sistency with other c from the benefits of normal residential surroundings. For purposes of subdivisions 6a prohibit certain clan through 9, "person" has the meaning given in section 245A.02, subdivision 11. with the comprehens Subd. 7. Permitted single family use. A state licensed residential facility serving six lion of agricultural la or fewer persons, a licensed day care facility serving 12 or fewer persons, and a group for the purpose of pr family day care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 tems. The regulatior to serve 14 or fewer children shall be considered a permitted single family residential surface developmen use of property for the purposes of zoning. potential mined and Subd.' 8. Permitted multifamily use. Except as otherwise provided in subdivision 141, and access thert 7 or in any town, municipal or county zoning regulation as authorized by this subdix i- for any tracts, lots, { sion, a state licensed residential facility serving from 7 through 16 persons or a licensed obtained. day care facility serving from 13 through 16 persons shall be considered a permitted ; The regulations multifamily residential use of property for purposes of zoning. A township, municipal ' struction and install or county zoning authority may require a conditional use or special use permit in order and similar utilities a to assure proper maintenance and operation of a facility, provided that no conditions ; pality of a cash dep shall be imposed on the facility which are more restrictive than those imposed on other t amount and with su. conditional uses or special uses of residential property in the same zones, unless the utilities and improve additional conditions are necessary to protect the health and safety of the residents of tions of the municip, the residential facility. Nothing herein shall be construed to exclude or prohibit residen- 1 made by a subdivide tial or day care facilities from single family zones if otherwise permitted by a local zon- The regulations ing regulation. ance with other regL History- 1965 c 670 s 7; 1969 c 259 s 1; 1973 c 123 art 5 s 7; 1973 c 379 s 4; 19 ,' and to execute dev c 539 s 1; 1973 c 559 s 1,2; 1975 c 60 s 2; 1978 c 786 s 14,15; Ex1979 c 2 s 42,43; 191e' approval. The munic c 356 s 248; 1982 c 490 s 2; 1982 c 507 s 22; 1984 c 617 s 6 -8; 1985 c 62 s 3; 1985 c 1 y_ ate legal and equitab s 23; 1986 c 444; 1987 c 333 s 22; 1989 c 82 s 2; 1990 c 391 art 8 s 47; 1990 c 568 ar: Subd. 2b. Dedic. 2s66,67 proposed subdivision roads, sewers, electric 462.358 PROCEDURE FOR PLAN EFFECTUATION; SUBDIVISION REGUL.'._ or ponds and similar TIONS. In addition, the r Subdivision 1. [Repealed, 1980 c 566 s 35] subdivision be dedic. Subd. 1 a. Authority. To protect and promote the public health, safety, and gene r<. public use as parks, F welfare, to provide for the orderly, economic, and safe development of land, to preset-.: municipality may ch agricultural lands, to promote the availability of housing affordable to persons and fart-.. - for part or all of the ilies of all income levels, and to facilitate adequate provision for transportation, wat(:. based on the fair ma- sewage, storm drainage, schools, parks, playgrounds, and other public services an, (b) any cash paymen facilities, a municipality may by ordinance adopt subdivision regulations establish in,.: used only for the pu: standards requirements, and procedures for the review and a reasonable portion tc q p approval or disapprov: recreational, or comr of subdivisions. The regulations may contain varied provisions respecting, and F• for the subdivision, c. made applicable only to, certain classes or kinds of subdivisions. The regulations sh,:'' ` be uniform for each class or kind of subdivision. to acquire that Aortic approval of the subd A municipality may by resolution extend the application of its subdivision regu:: r' Subd. 3. [Repeal tions to unincorporated territory located within two miles of its limits in any directio but not in a town which has adopted subdivision regulations; provided that where m: Subd. 3a. Plattir or more noncontiguous municipalities have boundaries less than four miles apart, eaci. ;. eels, tracts, or lots, st is authorized to control the subdivision of land equal distance from its boundarie: ¢, which create five or within this area. ,t platted. The regulati(. �. address subjects simi Subd. 2. [Repealed, 1980 c 566 s 35] r Subd. 3b. Reviex Subd. 2a. Terms of regulations. The standards and requirements in the regulation', 7 r the content of applicz may address without limitation: the size, location, grading, and improvement of lots, „5 and approval or disaf structures, public areas, streets, roads, trails, walkways, curbs and gutters, water supply• affected political subt storm drainage, lighting, sewers, electricity, gas, and other utilities; the planning and 'ti` consolidation of the F design of sites; access to solar energy; and the protection and conservation of flood °r visions. Preliminary( plains, shore lands, soils, water, vegetation, energy, air quality, and geologic and applications. The re€ ecologic features. The regulations shall require that subdivisions be consistent with the planning commission municipality's official map if one exists and its zoning ordinance, and may require con erning body of the mi. CITY OF BROOKLYN CENTER Council Meeting Date 7/13/9 Agenda Item Number 9 L i REQUE FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: An Ordinance Amending Chapter 35 of the City Ordinances Relating to Day Care Centers in Commercial Zones DEPT. APPROVAL: Ronald A. Warren, Director of Planning and Inspection MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached x ) • The City Council on June 22, 1992 discussed a proposed ordinance amendment which would change the Zoning Ordinance to allow day care centers in retail shopping centers and to be located adjacent to certain uses which they had previously been prohibited to abut. This proposed amendment was being encouraged by Mr. Clem Springer of Weis Asset Management, Inc. which operates the Humboldt Square Shopping Center and by New Horizons Day Care Centers which want to locate such a facility at the Humboldt Square. The Planning Commission on May 28, 1992 had reviewed the proposal and had recommended to the City Council that this proposed ordinance change be adopted. The Council, following discussion and review of this matter, had a first reading and directed that the proposed ordinance amendment be published and set on for public hearing. Such a hearing is set for 7:15 p.m. on July 13, 1992. The City Council's attention is directed to the previously submitted information for further review of this proposal. Recommendation It is recommended that the City Council, following a public hearing on this matter, adopt the proposed ordinance amendment. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 13th day of July , 1992 at 7:15 .m. at the Cit Y Hall Shingle 6301 S ngle Creek Parkwa o consider an amendment to the Y� Zoning Ordinance relating to day care centers in commercial zones. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES RELATING TO DAY CARE CENTERS IN COMMERCIAL ZONES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances is hereby amended in the following manner: Section 35 -320. C1 SERVICE /OFFICE DISTRICT. 3. Special Uses b. Group day care facilities provided [they are not located on the same property as or adjacent to a use which is not permitted to abut R1, R2, R3 zoned land and provided] that such developments, in each specific case, are demonstrated to be: 1. Compatible with existing adjacent land uses as well as with those uses permitted in the C1 district generally. 2. Complementary to existing adjacent land uses as well as to those uses permitted in the C1 district generally. 3. Of comparable intensity to permitted C1 district land uses with respect to activity levels. 4. Planned and designed to assure that generated traffic will be within the capacity of available public facilities and will not have an adverse impact upon those facilities, the immediate neighborhood, or the community. 5. Traffic generated by other uses on the site will not pose a danger to children served by the day care use. ORDINANCE NO. and further provided that the special requirements set forth in Section 35 -411 are adhered to. Section 35 -322. C2 COMMERCE DISTRICT 3. Special Uses q. Group day care facilities provided [they are not located on the same property as or adjacent to any use which is not permitted to abut R1, R2, or R3 zoned property and provided they are not located in a retail shopping center; and further provided] that such developments, in each specific case, are demonstrated to be: 1. Compatible with existing adjacent land uses as well as with those uses permitted in the C2 district generally. 2. Complementary to existing adjacent land uses as well as with those uses permitted in the C2 district generally. 3. Of comparable intensity to permitted C2 district land uses with respect to activity levels. 4. Planned and designed to assure that generated traffic will be within the capacity of available public facilities and will not have an adverse impact upon those facilities, the immediate neighborhood, or the community. 5. Traffic generated by other uses on the site will not pose a danger to children served by the day care use. Furthermore, group day care facilities shall be subject to the special requirements set forth in Section 35 -412. ORDINANCE NO. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 1992. Todd Paulson, Mayor ATTEST: Deputy Clerk Date of Publication: Effective Date: (Underline indicates new matter; brackets indicate matter to be deleted.) • CITY OF BROOKLYN CENTER Council Meeting Date 61221 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Discussion Item - An Ordinance Amending Chapter 35 of the City Ordinances Relating to Day Care Centers in Commercial Zones DEPT. APPRO Ronald A. Warren, Director of Planning and Inspection ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached x ' ) The City Manager received a letter in the latter part of May from Mr. Clem Springer, President of Weis Asset Management, Inc., owners of the Humboldt Square Shopping Center urging the City to consider amending the Zoning Ordinance to allow day care centers in retail centers. Mr. Springer has had discussions with New Horizons Day Care Centers which would like to lease tenant space at the Humboldt Square in order to relocate a day care facility in that location. Our Zoning Ordinance was amended in 1985 to allow day care centers in the Cl and C2 zoning districts as special uses. Prior to that time day care centers and operations had only been acknowledged in residential zones. As such, they were considered more of a residential use and provisions were then established, which are still in effect today, that prohibited day care centers from being located in retail shopping centers and from being located on the same property as, or adjacent to, any use which is not permitted to abut Rl, R2, or R3 zoned property. , t P P Y• These provisions currently prohibit a day care center, other than a drop in child care center, from being located at the Humboldt Square Shopping Center as well as any retail center in Brooklyn Center. r n SUMMARY EXPLANATION Page 2 June 22, 1992 The question was first taken up for discussion by the Planning Commission at their study session on May 28, 1992 at which time much discussion was held on Mr. Springer's request and a review of the reasoning and rationale for the adoption of the current Zoning Ordinance standards was undertaken. The matter was again before the Planning Commission on June 11, 1992 at which time Mr. Springer and a representative of New Horizons Day Care Centers addressed the Commission. An ordinance amendment was also presented to the Planning Commission which had the effect of eliminating the prohibition against day care centers in retail shopping centers and also abolished the locational restrictions. The requirements for a special use permit, as well as the standards to be imposed on outside play areas were not altered. Attached are copies of excerpts of the Planning Commission minutes from May 28 and June 11 regarding the matter as well as a staff memo to the Planning Commission, Mr. Springer's letter to the City Manager and minutes and reports relating to the 1985 Zoning Ordinance amendment allowing day care centers to be located in C1 and C2 zones as special uses. The Planning Commission on a vote of three in favor and 1 opposed recommended that the Zoning Ordinance be amended. A copy of the ordinance amendment as recommended by the Planning Commission is also attached for the Council's consideration. This ordinance is being presented in a form that can, if the City Council desires, be adopted for first reading and set on for publication and public hearing. Recommendation It is recommended that the City Council discuss the recommended ordinance provisions and give direction regarding how they wish to proceed with the Planning Commission recommendation and with the possible ordinance amendment. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1992 at p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to the Zoning Ordinance relating to day care centers in commercial zones. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES RELATING TO DAY CARE CENTERS IN COMMERCIAL ZONES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances is hereby amended in the following manner: Section 35 -320. C1 SERVICE /OFFICE DISTRICT. 3. Special Uses b. Group day care facilities provided [they are not located on the same property as or adjacent to a use which is not permitted to abut R1, R2, R3 zoned land and provided] that such developments, in each specific case, are demonstrated to be: 1. Compatible with existing adjacent land uses as well as with those uses permitted in the C1 district generally. 2. Complementary to existing adjacent land uses as well as to those uses permitted in the C1 district generally. 3. Of comparable intensity to permitted C1 district land uses with respect to activity levels. 4. Planned and designed to assure that generated traffic will be within the capacity of available public facilities and will not have an adverse impact upon those facilities, the immediate neighborhood, or the community. 5. Traffic generated by other uses on the site will not pose a danger to children served by the day care use. and further provided that the special requirements set forth in Section 35 -411 are adhered to. Section 35 -322. C2 COMMERCE DISTRICT 3. Special Uses q. Group day care facilities provided [they are not located on the same property as or adjacent to any use which is not permitted to abut R1, R2, or R3 zoned property and provided they are not located in a retail shopping center; and further provided] that such developments, in each specific case, are demonstrated to be: 1. Compatible with existing adjacent land uses as well as with those uses permitted in the C2 district generally. 2. Complementary to existing adjacent land uses as well as with those uses permitted in the C2 district generally. 3. Of comparable intensity to permitted C2 district land uses with respect to activity levels. 4. Planned and designed to assure that generated traffic will be within the capacity of available public facilities and will not have an adverse impact upon those facilities, the immediate neighborhood, or the community. 5. Traffic generated by other uses on the site will not pose a danger to children served by the day care use. Furthermore, group day care facilities shall be subject to the special requirements set forth in Section 35 -412. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 1992. Mayor ATTEST: Clerk Date.of Publication: Effective Date: (Underline indicates new matter; brackets indicate matter to be deleted.) she preferred that the date of erection and the name of the signhanger be visible on the sign. The Secretary stated that the signhanger may change. Commissioner Holmes asked if staff would look into adding multi family to the real estate sign provisions. The Secretary responded in the affirmative. Commissioner Holmes stated that he did not think it was necessary to take the sign down, but that he liked a yearly permit. Chairperson Pro tem Sander asked whether all signs were checked yearly. The Secretary answered that normally signs with a permit are permanent signs. He stated that a temporary sign might require a new permit. Commissioner Kalligher asked if a permit was necessary if an occupancy threshold was in the ordinance. The Secretary answered that a permit would not necessarily be required, that the occupancy could be checked on occasionally without a permit. Chairperson Pro tem Sander stated that she was concerned about there being signs with no vacancy. She stated that she would recommend that signs come down when a building is 95% leased. The Secretary asked if the Commission had a preference regarding freestanding or wall signs. Commissioner Mann stated that she would prefer to leave the option of either type of sign. Commissioner Mann also recommended that the word "temporary" be removed from the ordinance language. a guage. b. Day Care Centers in Commercial Zones The Secretary then introduced the next discussion item, a draft ordinance relating to day care centers in commercial zones that would do away with the abutment restrictions and the P rohibition on day cares in shopping centers. The Secretary added that he had a discussion with Mr. Clem Springer regarding the proposal for a day care center in Humboldt Square Shopping Center. He stated that the proposal is for a New Horizon Day Care Center which is a licensed day care operation. He stated that the draft ordinance does not alter Sections 35 -411 and 412 relating to the play areas. He reviewed some of the ' provisions is ons of those sections. He stated that day care would still be subject to the special use permit process. The Secretary stated that New Horizon would have to come back as a special use permit application if the ordinance were amended. He showed the Planning Commission a drawing of the proposed play area and showed how the la area p y r a would meet the ordinance standards. He added that Humboldt Square has a surplus of parking and can afford to lose some spaces for the play area. He noted that there is a 6' wide walk and 4' high fence along the west side of the play area. He expressed concern regarding a new access onto 69th Avenue North. He stated that he had brought the drawing to the attention of the Director of Public Works who had suggested gg ed that it might be possible to work out shared access with the gas station to the west. The Secretary explained that the Zoning Ordinance requires accesses on the same site to be at least 50' apart and that the proposed access would be very close to the easterly access of the service station leading to possible conflicts. The Secretary stated that he would like the Planning Commission to make some kind of recommendation on the draft ordinance at this evening's meeting 6 -11 -92 6 because there is a time crunch involved in making the decision about a day care center at Humboldt Square. The Secretary again explained that the present ordinance prohibits a day care center in a shopping center or adjacent to a gas station. Commissioner Mann asked whether day care re is allowed for employees at a retail center. The Secretary stated that that might be considered an accessory use, but that day care that is open to the public could not be located in a shopping center under current ordinance. Commissioner Mann stated that she felt that was a good policy. She stated that she opposed the proposed amendment. Ms. Cindy Cook, of New Horizon Da Care Centers then a Commission Y addressed the n brief 1 She stated Y that New Horizon was losing its lease for a day care center at a church in the area and they have a number of subsidized clients who need to be within walking distance of their day care center. She stated that New Horizon provides full as well as drop in care. She stated that the centers and the playgrounds are attractive. Regarding the requirement for a wood fence, Ms. Cook stated that that the requirement is not compatible with child care. She stated that children rub their hands along the fence and get slivers. She recommended chain link that is vinyl coated. She stated that it would be more attractive and less maintenance and slivers. Commissioner Holmes asked where their day care center was located now. Mr. Springer stated that it was at the Berean Evangelical Free Church. Commissioner i sione r Holmes asked whether New Horizon was connected to the one in Brooklyn Park. Ms. Cook responded in the affirmative, noting that it is at Creekside Shopping Center. Commissioner Kalligher asked whether children are bussed to the day care center. Ms. Cook responded that only within a three mile radius was that service provided. The Secretary sked about the part rt of the program to p p g Gated at the Lutheran Church of the Master. Ms. Cook responded that that is a separate program for a different clientele. The Secretary asked if it was not possible to locate the day care center at the church. Ms. Cook answered that the church does not meet the requirements for a day care license although it does meet the requirements for a nursery school. The Secretary noted regarding the wood fence provisions that the ordinance allows for a 'Council approved substitute ". He stated that their was such a fence at the Learning Tree Day Care Center and he was not aware of any problems with that fence. Ms. Cook stated that the City would not become aware of the problem, but that the parents would be. The Secretary eft at 9: y 16 p .m. Commissioner Holmes asked how the day care center is regulated by the state. Ms. Cook responded that the state checks primarily the facilities in the building and the staff qualifications. Commissioner Mann asked whether it would be possible to regulate the density of day care centers to keep three from locating in the same shopping center. The Planner responded that it was very 6 -11 -92 7 there is really nothing to argue about regarding facilities with 16 or fewer clients since they are mandated anyway. Commissioner Bernards asked if it was the case that the City would not consider facilities with over 16 clients under this ordinance. The Secretary responded in the affirmative. He stated that the State mandates certain numbers and that the City would accept those numbers and that's all. Commissioner Mann stated that residential facilities might turn out to be good neighbors. The Secretary agreed stating that he often has received calls of concern when such facilities are first proposed in a neighborhood, but after they are established, there are generally very few complaints. Commissioner Bernards stated that, having been on the Planning Commission when the Bill Kelly House was considered, he agreed that the special use permit process was a problem for the City. He stated that he endorsed the approach in the draft ordinance. The Secretary noted that the City has suffered from lawsuits relating to a couple of group homes. Commissioner Mann asked whether any other communities have taken this route. The Secretary stated that he didn't know of any offhand, but he thought that other communities have dealt with this issue in their ordinances. He stated that there are some properties in town where such facilities might locate and added that they have generally been good neighbors. Commissioners Bernards and Mann both stated that they liked the draft ordinance after further explanation. ACTION RECOMMENDING ADOPTION OF ORDINANCE AMENDMENT REGARDING RESIDENTIAL FACILITIES Motion by Commissioner Mann seconded by Commissioner Holmes to recommend to the City Council the adoption of an ordinance amendment relating to residential facilities. Voting in favor: Chairperson Kalligher, Commissioners Sander, Bernards, Mann and Holmes. Voting against: none. The motion passed. v b. Day Care Facilities in Retail Shopping Centers The Secretary then referred the Commission's attention to a memo that he had drafted relating to day care facilities in retail shopping centers and to other material relating to the development of the commercial day care e ordinance. He also noted a letter that had been submitted by Weis Asset Management, Inc. , the owners of 9 Humboldt Square Shopping Center. q pp g r. He reviewed the background of the New Horizon application in 1984 which led to the ordinance amendment regulating day care in commercial zones. He stated that at that time some concern had been expressed regarding the outside play areas and that some detailed regulations regarding these play areas had been included in the ordinance. He noted that later the City allowed drop in centers to be located in shopping centers 5 -28 -92 3 although day care centers were not allowed in shopping centers. He also noted that drop in centers did not require outside play areas. The Secretary went on to explain a proposal for a day care center in the Humboldt Square Shopping Center. He stated that it might be classified as a drop in center which would be allowed without any problems. He stated that if it is a day care center, the ordinance states that it cannot be in a shopping center, nor can it be adjacent to a gas station. He stated that the proposed day care center for Humboldt Square might be able to meet the play area requirements and that the City may want to look at the restrictions in the ordinance on the location of day care centers. Commissioner Mann asked whether the existing ordinance would allow a day care center for Target employees at Target. The Secretary answered that if it was in a shopping center, it would not be allowed. Commissioner Holmes asked about the possibility of holding classes. The Secretary answered that educational uses are acceptable in shopping centers. He stated that if the proposal can be considered a drop in center or an educational use, then it could be allowed in that location. Commissioner Bernards stated that he might be more open minded about this issue if he visited one of the day care centers located in a shopping center. He stated that as of now he is concerned with this possibility. He asked whether the City might be held liable if some accident occurred in a location like this. The Secretary answered that the City can always get sued when accidents occur in Brooklyn Center. He stated that it is important to look at whether the regulations in the zoning ordinance are really land use and zoning related or whether they should be considered as part of the state regulations for licensing. There followed a discussion regarding Humboldt Square and day care centers generally, what would be good for Humboldt Square and what kinds of zoning concerns there are regarding day care. Commissioner Sander asked whether Humboldt Square could afford *to lose the parking where the play area would be. The Secretary answered that they have some surplus because of the change in the retail parking formula. Commissioner Mann stated that she was not sure it would be appropriate to have a day care center next to a gas station. The Secretary asked whether the City's regulations are properly zoning regulations or whether they get into licensing criteria. He noted that the City regulates location and the play area. He stated that any regulation has some impact. Commissioner Holmes left at 9:12 p.m. The Secretary went on to say that regulations have to be reasonable and that the City may want to rethink some of the restrictions applying to these day care centers. Commissioner Holmes returned at 9:16 p.m. 5 -28 -92 4 Commissioner Mann suggested that it might be appropriate to have a field trip and stated that she still had concerns regarding day care in shopping centers. Commissioner Holmes stated that it was probably necessary to make some changes to the ordinance, but he was not sure what changes to make yet. Commissioner Sander stated that she liked the existing restrictions on the play area. C. Real Estate Sign Ordinance The Secretary then introduced a brief discussion of the real estate sign ordinance that was adopted by the City Council last year. He stated that the ordinance presently in effect sunsets this summer unless it is readopted. He stated that the City can leave that ordinance as is, go back to the old ordinance, or develop a new ordinance. Commissioner Mann expressed some concern about such signs being temporary rather than continuing indefinitely. The Planner stated that a simple ordinance would be easier to enforce. He stated that an ordinance that required signs to be taken down every six months to a year would perhaps need a code enforcement officer to enforce. He stated that it would probably be necessary to have a permit for such signs if the ordinance is more complex. The Secretary stated that the City could certainly have whatever regulations it wants regarding such signs. He stated that a permit would help the staff enforce more complex ordinances. He stated that real estate signs are temporary because at some point they must come down. He also stated that Brooklyn Center has traditionally enforced its sign ordinance more than many communities. The Secretary added that the City Council had also had a concern about such signs being temporary and had debated whether it was more appropriate to have such signs be freestanding or wall signs. d. Moratorium on Home Occupations on Brooklyn Boulevard The Secretary reviewed with.the Planning Commission the action on the home occupation at 6136 Brooklyn Boulevard submitted by Nhia Thao. He stated that the City Council had suggested it might be appropriate to have a moratorium on such home occupations until the Brooklyn Boulevard Study was completed. He stated that the staff can draft an ordinance regarding such a moratorium and bring it back for the next meeting. The Planning Commission by consensus agreed that such an ordinance would be appropriate. Commissioner Bernards stated that he would not be at the June 11 meeting. The Secretary briefly referred the Commission to a letter from the Chamber of Commerce. Commissioner Mann noted that a group home was being looked at for a site south of the Joslyn property. The Secretary pointed out that the group home might be located on vacant land owned by Bruce Plumbing. He stated it was his understanding that they are looking 5 -28 -92 5 MEMORANDUM TO: Planning Commission FROM: Planning Staff DATE: May 27, 1992 SUBJECT: Day Care Facilities in Retail Shopping Centers The City Manager received a letter from Clem D. Springer, President of Weis Asset Management, Inc. involving their concern regarding the prohibition in the City's Zoning Ordinance for day care facilities to be allowed in commercial retail centers. They would like the City to reconsider this limitation and amend the City ordinances so that facilities could be permitted particularly at the Humboldt Square Shopping Center. They note that today, day care centers are frequently found in commercial zones and more specifically in retail centers in many cities. They believe our present ordinance is unnecessarily restrictive and that a good case can be made that day care centers are more appropriately located in commercial areas because of the traffic generated and the opportunity to combine the trip with other errands. They also note that the State of Minnesota very strictly regulates day care centers and the health and safety of the children. We will be prepared on Thursday evening to present and discuss the background leading to the City Council's adoption of an ordinance amendment a number of years ago to allow day care facilities in the C1 and C2 zoning districts. Prior to that time day care facilities had been primarily operated out of homes and in churches and schools in residential zoning districts. The day care use was more associated with a residential, rather than a commercial use of property. As part of an application presented to the City by New Horizons Day Care Centers, an ordinance amendment was adopted establishing group day care facilities as special uses in the C1 and C2 zoning districts provided they were not located on the same property as, or adjacent to, any use which is not permitted to abut R1, R2, or R3 zoned property (such as a gasoline service station, motor vehicle repair, car wash, convenience food restaurant, eating establishments offering live entertainment, motion picture theaters, bowling alleys, sauna establishments, massage establishments, school bus garage facilities and amusement centers). Furthermore, group day care facilities were not to be located in retail shopping centers. Memo Day Care Facilities in Retail Shopping Centers Page 2 May 27, 1992 Also, the ordinance established various special requirements for day care facilities relating to the outside recreational areas requiring them to be appropriately separated from parking and driving areas, that the play facilities not be located in a yard abutting a major thoroughfare unless buffered, the play facility should not have an impervious surface for more than half the playground area, that the playground extend at least 60 feet from the wall of the building to an adjacent property line and not be bounded on more than two sides by parking and driving areas. It should also be noted that the Planning Commission and City Council recently considered, within the past couple of years, a request to house a day care facility in the industrial park zone. The City Council ultimately concluded that a day care facility was not appropriate in an industrial park zone and denied the requested appeal and consideration for an ordinance amendment. We believe the Planning Commission should review the day care provisions thoroughly and discuss whether or not consideration should be given for altering these provisions to allow day care facilities in currently prohibited areas. t- . ti :i`. ..� :... , •L, %t. fir, .` ^� ,h`rt �. .4 '�i J - -yjtn .il'".r`' WEIS ASSET MANAGEMENT, INC. P E 3601 Minnesota Drive Minneapolis, Minnesota 55435 Telephone: 612. 831 -9060 Fax: 612 - 831 -3132 May 21, 1992 Mr. Gerald G. Splinter, City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Humboldt Square Dear Mr. Splinter: Thank you for the opportunity to discuss with you and Mr. Brad Hoffman some of the concerns and opportunities that we are currently facing at Humboldt Square. The study completed for the City June 1991 by Lee Maxfield on commercial trends in Brooklyn Center pointed out the need for action in an overbuilt market. The study indicated the center is at a turning point and we need to attract additional tenants. We have had a prospective tenant approach us, about placing a 6,000 square foot daycare center on the north end of the center. The Bumper - to- Bumper store would be relocated within the center. We feel the daycare center would be very beneficial to the financial stability of the center and complement the other tenants by providing a daily flow of people whose other needs can be met at the same time. The lease has been sent to the prospective tenant for their review. The schedule calls for a September 1, 1992 opening which is really close at hand taking into consideration the time required for the build out. The response to my initial inquiry to the planning department was that a daycare center was not permitted in Humboldt Square or any retail shopping center. Further discussion indicated that this.provision in the zoning ordinance was adopted a number of years ago P rior to the rapid growth of the daycare industry. Today, daycare centers are frequently found in commercial zones and more specifically in retail centers in many cities. Within the next few days, I will provide a list of cities and examples of daycare centers located in centers for your consideration. I do not see a significant difference in a drop - in child care facility which is permitted from a daycare facility with proper facilities. Our opinion is that your present ordinance is unnecessarily restrictive. In fact a good case can be made that daycare centers are more appropriately located in commercial areas because of the traffic generated and the opportunity to combine the trip with other errands. The State of Minnesota very strictly regulates daycare centers and the COMMERCIAL PROPERTY LEASING AND MANAGEMENT health and safety of the children. We therefore respectfully request that the City review their present zoning restriction to allow daycare centers in retail centers immediately so we can deal with our prospective tenant and meet their schedule. Enclosed is an article from Commercial Property News dated April 1, 1992 that addresses the need to consider non - traditional tenants and uses to overcome the surplus of retail space and help bring centers back to being positive economic operations. You might find this article of interest also because it mentions police substations as a use. I would like to suggest with less urgency, that you review the permitted uses to consider more of the non - traditional uses. The current list of approved uses, although quite broad, is obviously out dated. The owner has also brought to my attention that there is a restriction on limiting the square footage of restaurant space to 15% of the building area. Although we do not have a prospective restaurant tenant currently, we have had discussions in the past which were clouded by this otential limitation. We have excess P s parking capacity P Y in the lot 9 P and feel this restriction should be removed or reevaluated. I look forward to working with your staff, planning commission and the city council to help make Humboldt Square a more viable part of the community. I look forward to an early response. Sincerely, Weis Asset Management, Inc. Clement D. springer President CDs /vs Enclosure Churches, Doctors Cops Help Garr Cure Ailing Strip Centers 1. Craig l3loom/icld, meet its debt obG ondary medical in less square footage every year." Associate Editor galiotts, he said. INVESTMENT So locations, especial- Although office and industrial users New York if your strip center has Garr has been AS MANAGEME ly for budget -con- can increase space efficiency marginal - strayed from the path of profitability, successful in scious iIN10s. C AT ly, it's nothing compared to what the a growing church tenant may bring attracting a wide, scanners, dialysis retail industry is experiencing, Garr salvation, according to Andrew Garr, if not bizarre, S 11 0 PP I N G machines and contends. '*Category killers" and president of retail property manager range of tenants t other space -con- wholesale clubs achieve ''enormou_ Millennium Ill Real l,state. For that produce cash flow �' suming test equip- sales per square foot" compared to tra- matter, a health maintenance organi• at the IrOUbled nient don't always ditional stores, and competition from zation (iIMO) tenant might keep a strip. On more „ _ .,. !',�r,,,. need to be located mail order and home shopping net - retail project on life support until a than one occasion at the hospital, works has increased dramatically. police substation user call be found to he has dealt with churches, bingo par- where space is at a premium. "Stores with poor distribution systems protect and serve the owner's interest. tors and police substations. At one The General Services Administra- will be out of business,” he said. Finding non - traditional tenants is a point, the center also housed a school tion is another good place to look fur If the only survivors are high-vol- last-ditch effort to save strip centers of cosmetology, an army reserve office, tenants, according to Garr. "The GSA unle retailers, the need for space is that have "failed the test" of competi- an armed forces recruiting center, a is required to take the lowest qualified decreasing, Garr reasoned. But healthy tiveness, Garr said. "If it's a well- locat- motorcycle rental office, a warehouse, a bid, and their specifications often retailers are building free - standing ed center, we go into the tenant - steal- pool hall and a kidney dialysis center. don't preclude retail space," he said. stores in order to expand, leaving ing business." But even a poor site for At six or seven other centers lie learned that lesson the hard way, "recycled space" that no one wants. a retail project is usually a good loca- around the country, Milleniuni has when an office building he o in At the Jackson center, for instance, tion by the standards of other property pursued similar alternative tenants to Vicksburg, Miss., lost a 100,000 square- the developer had built out space for a types, and that opens the door for lease "bastard spaces" in hard -to -reach foot GSA tenant to a retail center. food anchor, but the space was too alternative tenants. locations. "A lot of these tenants pay Although Garr's tactics seem small and no user could be found. "I Millennium III was called in to save rent that's higher than the retail rents extreme today, lie believes alternative offered the space to every food store on a 370,000- square -foot Jackson, Miss., we had been getting," Garr said. strategies will occur more frequently a one -year free basis with no strings center that had nearly 300,000 square This alternative tenant strategy isn't because the overbuild in retail will last attached, and no -one would take it," feet vacant. Over the course of a few ideal, Garr noted. Turnover is high, and longer than for other property types. Garr said. "Rent cost is only ? percent years, Garr said he managed to lease tenants such as pool halls and church "We're at an all -time peak of retail of a food chain's total revenue, so if about 500,000 square feet at the center, groups may clash if management is not square footage per person in this coon- they expect to lose d percent or vol- filling some spaces two or three times. oil the hall. In addition, "there's no try, but retailers are selling more goods unre, the space won't work." ■ While the tenants have not been insti- database in existence for these tenants, tutional- grade, the center continues to so it takes street smarts to find them." The labor- intensive leasing process requires a "full -time on -site person who spends most of his time off -site can- ti, ° vassing," Garr said. "There are hun- dreds of little tricks that I think others will learn in the next two or three years to catch up with us." ?r ti, t A vast potential exists for leasing sec - h. •t� r, Ihennui I n 1 � htr � Ill Real E state 1 es► - r; 1 : dent Andrew Garr is not adverse l to filling his strip centers with ' some unlikely tenants: churches, pool halls or even an army recruit- ing center. Often "the tenants p: ' ' ...... 1 011111 1111' 1'1'011 �` 1 ' . ,,` 4 � ?7i` !r ';. 14'K1'S . ; vti „�r. ._'+.' . ''.• ,a " ° ^ai:K;: -t�� WEIS ASSET MANAGEMENT, INC. M! `, r 3601 Minnesota Drive Minneapolis, Minnesota 55435 Telephone: 612- 831.9060 Fax: 612- 831 -3132 DAYCARE CENTERS IN SHOPPING CENTERS* CITY CENTER NAME DAYCARE NAME 1. Maple Grove Eagle's Nest A -Z Child Care 2. Ramsey Rivers Bend Plaza A -Z Child Care 3. Minneapolis Butler Square Quality Child Care 4. Eden Prairie Lariat Center Just for Kids 5. Bloomington Loehman's Plaza Mother Goose Inn 6. Eagan Town Center Children's World Learning Center 7. Apple Valley Apple Valley East New Horizon Child Care 8. Oakdale Bergen Plaza Wee EduPlay (out of business) 9. Eden Prairie Menards New Horizon Child Care 10. Burnsville Southcross New Horizon Child Care 11. Brooklyn Park Creekside Plaza New Horizon Child Care *This is just a small sample based on first hand knowledge. 5/21/92 COMMERCIAL PROPERTY LEASING AND MANAGEMENT APPLICATION i10. 54030 (New Horizon Enterprises) The Secretary then introduced the next item of business, a request for a determination that a day care center is similar in nature to other permitted uses in the C2 zoning district in order that New Horizons may establish a day care center at the Park- Nicollet Med Center building at 6000 Earle Brown Drive. The Secretary reviewed the contents of the staff report (see Planning Commission Information r Sheet for Application No. 34039 attached) . The Secretary added that he had received a letter from Sally Goldberg, a Licensing Consultant for the State, that New Horizons is considered a school. The Secretary stated that he had also received a copy of Department of Public Welfare Rule No. 3 governing day care centers and noted that the State regulations do not cover location. He stated that that it is a City responsibility to regulate the location of day care centers. The Secretary concluded his comments by stating that the staff do not have a big problem with a day care center locating in the Med Center building, feel it more appropriate that g� day care centers, generally, be considered as a special use in the C2 zoning district, rather than as an educational use and, therefore, a permitted use. Chairman Lucht asked whether child care was presently permitted in the C1 zoning district. The Secretary responded that child care homes, that is 24 hr. a day residences, were permitted in the C1 zoning district. Commissioner Sandstrom asked whether this referred to homes used for day care. The Secretary responded in the negative. He stated that these were special homes where the children would live, not come to for temporary care. -3- Commissioner Pelson asked whether the staff had a problem with day care centers locating in the C2 zoning district. The Secretary stated that he would not recommend day cares be considered a permitted use in the C2 zoning district. He stated that he didn't have any major problems with the Med Center building as an acceptable location, but felt that they should be considered a special use rather than a permitted use. He pointed out that if day care centers were considered a permitted use, they could locate anywhere within the C2 zoning district. Commissioner Bernards asked whether Med Center had been contacted on the use of the building. The Secretary stated that the staff had not talked toi;ed Center about the day care use of the building, but that there had been negotiation between New Horizons and the 11.ed Center and that a tentative agreement had been worked out. Commissioner Manson asked what the history of "educational uses" was in the C2 zoning district. The Secretary answered that educational uses have basically been considered to be schools. He stated that he did not feel that a day care center was primarily a school. Chairman Lucht then asked the applicant whether she had anything to add. Ms. Sue Dunkley, President of 'New Horizons Enterprises, Inc., stated that New Horizons had 13 day care facilities, 5 of which are located in commercial zones. She stated that day care started out in residential zones, but that it has adapted to com.- lercial settings. She reviewed the curriculum which the centers use with young children. Ms. Dunkley also explained that New Horizons has many certified teachers who have been nursery and elementary school teachers. She explained, regarding the playground area, that children are taken out to play in groups of 20 and that the State requires 75 sq. ft. of playground area per child that is playing. She stated that this would work out to a playground area of 1,500 sq. ft. for 20 children playing at a time. Ms. Dunkley tated that New Horizons had r Y a problem with timin She stated that they do not have time to rezone the property. She also stated that a determination that New Horizons was a school would not necesarily open the door to other day care centers because they cannot call themselves schools under the definition of a school used by the Department of Public Welfare. Chairman Lucht explained that the Planning Commission was not consider' property. considering rezoning the p. ope. ty. He also stated that acting on the basis of time factors has had negative effects in the past. He asked Ms. Dunkley why, if she considered New Horizons to be a school, does she call the organization a day care operation and not a school. Ms. Dunkley stated that "day care" is used in the literature, but that the Department of Public Welfare has considered them a school for some time. Commissioner Ainas asked whether the personnel were salaried or volunteer staff. Ms. Dunkley answered that most of the staff are salaried, though there are some volunteers which they are glad to have. Commissioner Bernards stated that it was news to him that the Department of Public Welfare had begun certifying schools. Ms. Dunkley explained that the teachers are certified by the Cepartment of Education. Chairman Lucht stated that he liked the concept of a New Horizons center at the Med Center building, but that he had problems with allowing; day care centers as a permitted use in the C2 zoning district. He stated that the City would have to live with the precedent of such a decision. Commissioner Sandstrom stated that he preferred not to rezone the property, but to control the day care use through a special use permit procedure. -4- Sue I;unkley asked whether she could not apply for a special use permit at this time. The Secretary stated that it ;could require an ordinance amendment first, possibly involving some special conditions for day care center`s. Chairman Lucht then polled the Commission on their feelings regarding the application. Commissioner Ainas asked "s. Dunkley how many of the teachers were certified. Ms. Dunkley answered that 83% of their staff was certified. Commissioner Xanson stated that she would like to see the day care center at the Med Center building, but preferred that the use was a special use permit. Commissioner Ainas stated that he felt the City should have some control over the location of day care centers in commercial zoning districts. He stated that he also preferred a special use status for day care centers. Coranissioner Sandstrom agreed, stating that he preferred a special use status and that a precedent should not be set with this appication.• Ccm-missioner Nelson stated that he did not feel that the day care center had to be a school in order to be an educational use. He stated that he felt the day care center was an educational use and was, therefore, a permitted use in the C2 zoning district. He stated that parents can exercise control over the location of the day care center by not taking their children to a center that is in an inappropriate location. He stated that he did not have a problem with the day care center as an educational use. Commissioner Bernards inquired as to the playground area. The Secretary showed a transparency of the site plan that showed a playground to the west of the Med Center building. He noted that the playground shown on the plan was larger than would be required by the State. Ms. Dunkley explained that the State requires 75 sq. ft. of playground area per child that is outside. She added that the State regulates many other details of a day care operation. The Secretary stated that while it was necessary for the State to regulate these aspects of the operation of a day care center, it was necessary for local government to look at surrounding lard uses and to make a policy judgment as to what are appropriate locations for day care centers within the City. Commissioner I- ;alecki stated that a determination is similar to a special use permit. She pointed out that it would be possible to change the ordinance to make day care centers a special use permit. She added, however, that this facility is similar to an educational use and that a finding to that effect could be made. Chairman Lucht asked how the Planning Commission would make a determination as to which day care centers are educational uses. Commissioner Ainas stated that, as the ordinance 'now reads, educational uses are not defined. Mr. Bill Dunkley, an attorney for both Park Nicollet Medical Center and New Horizons Day Care centers, stated that he agreed that, if the City wanted to regulate child care, it should make day care centers a special use in the C2 zoning district. He stated that the City could still allow New Horizons to operate as an educational use and then change the ordinance. Chairman Lucht asked what was the reason for urgency. Mir. Dunkley stated that winter is the best time to open up a facility and that the cost invested would be about $200,000. There followed a lengthy discuszicn regarding the procedure and the substance of the application. Commissioner Sandstrom asked why there should be unnecessary delay if the Planning Commission agreed that the proposed day care center was an acceptable use in this location. Commissioner Manson asked whether there was a mechanism to allow the applicant to c;o ahead while the ordinance was being amended. The Secretary stated that the Planning Commission could allow day cares as a -5- permitted use and then amend its ordinance to make them a a special use, but that this would be like closing the barn door after the cows were out. Commissioner Sandstrom stated that he felt the Cormission agreed that the center was an educational use. There followed a discussion as to whether the Commission did feel the day care center was to be considered an educational use. The Secretary stated that he did not feel the Planning Commission should feel pressured to act favorably for the applicant's sake because the applicant had known about this problem since August. ACTION TABLING APPLICATION NO. 84039 (New Horizon ,�;o Enterprises, Inc.) tion by Commissioner Ainas seconded by Corr�missioner, h;alecki to table application NO. 84039 and to direct staff to prepare an ordinance to allow State certified day care centers as a special use in the C1 and C2 zoning districts. �- ,'hile the motion was on the floor, there was a brief discussion regarding the timing of the application and amendment of the Zoning Crdinance to allow for day care centers by special use permit in the C2 zoning district. Voting in favor of the above motion: Chairman Lucht, Commissioners Malecki, Manson, Ainas, Sandstrom and Bernards. Voting against: Commissioner Nelson. The motion passed. Corranissioner Nelson stated that he felt that the use could be considered similar in nature to an educational use and, therefore, permitted in the C2 zoning district. RECESS The Planning Commission recessed at 9 :35 p.m. and resumed at 9:57 p.m. Following the recess, Commissioner Sandstrom stated that he wished to change his vote on the motion to table Application No. 84039 to no. The change in vote had no effect on the outcome of the vote. DISCUSSION ITEMS a. Retail Development /Interim Ordinance The Secretary introduced the first discussion item by explaining that there was concern on the part of the staff as to whether or not there is a need for future retail development within the City. He noted that there is a limited amount of C2 zoned land within the City, most of which is situated in the block bounded by Shingle Creek Parkway on the west, Summit Drive on the north, Earle Brown Drive on the east and John Martin Drive on the south. The next largest area of vacant C2 zoned land was some undeveloped parcels around 66th and West River Road and in the Lynbrook Bowl area. The concern, he stated, was that it appeared that Drooklyn Center was well served by the existing retail development and that what is located in Brooklyn Center and surrounding communities rray well be enough to serve future community needs as well. He added that traffic associated with major retail developments was also somewhat of a concern as to whether existing; facilities can handle this development in the area. He noted that it appears wiLh the last retail development completed that all we are able to attract is more of the same type of retail develo n to a .hifting of location and subsequent vacant buildings or t tenant spaces less 1Morre, retail development on existing vacant C2 land could Possibly lead to an expansion of the:;e problems. The :secretary noted that the Year 2000 Cornrnittee has briefly discussed and is , -6- p anning Commission Information Sheet Application No. 84039 Applicant: New Horizon Day Care Centers Location: 6000 Earle Brown Drive Request: Determination The applicant requests that the City Council determine that day care centers in the C2 zoning district are a permitted use by virtue of being similar in nature to other uses specifically listed as permitted uses in the C2 zoning district (See Section 35 -322 attached). Section 35 -322 Subsection 1j. of the Zoning Ordinance acknowledges as permitted uses: "Other uses similar in nature to the aforementioned uses, as determined by the City Council." Since day care centers are not expressly Listed as a permitted use in the C2 zoning district, the applicant requests that a determination be made that it is "similar in nature" to expressly permitted uses. New Horizon wishes to open up a day care facility in a portion of the Park-Nicol let Med- Center building (formerly Toy City) at 6000 Earle Brown Drive. The property in question is zoned C2 and is bounded on the west b Summit Drive on the north b Earle Brown Drive, Y y o D ve, on the east by vacant C2 zoned land, and on the south - southeast by Highway 100. The applicant's representative, Mr. William Dunkley, has submitted a letter (attached) in which he argues basically that the day care center is in fact a school and is, therefore, an educational use which is expressly permitted in the C2 zoning district under Section 35 -322 Subsection 1h. In fact, Mr. Dunkley refers to the operation as a school throughout hisletter. He points out on page 2 that Department of Public Welfare Rule 3, page 6(q) states: "The name 'school' may be used only by programs having a minimum of one teacher certified by the Minnesota State Department of Education. One certified nursery school teacher must be present during the major part of the program for every 20 children." Mr. Dunkley explains that the facility at 6000 Earle Brown Drive would consist of approximately 5,600 sq. ft. of building space and an enclosed outdoor play area. It would serve 115 children age 6 months to 12 years. Hours would be 6: a.m, to 6:30 p.m.,Monday through Friday, except legal holidays. But; the letter nowhere states that there will be six nursery school teachers present during the "major part" (6 or more hours ?) of the program.Mr. Duh!;1e11 ;;as su` some correspondence with the Cities of Roseville and Mound (attached), but has not submitted a letter from the State regarding the status of New Horizon Enterprises (the company? a location ?) as a school. Staff are, therefore, at a loss to know ti•rhether the proposed facility is considered a school by the State or not. We would also point out that the examole provided in Mound is for an operation to be located in a former prepschool in a residential district. This is certainly a different situation than the present case in a commercial zoning district. The letter to the Roseville City Manager is for a commercial location; however, Roseville had to amend its Zoning Ordinance to accommodate the "child care facility" in the B2 (General Commerce) district. Mr. Dunkley concludes his letter by discussing three important aspects of the operation: traffic, the playground area, and safety. Regarding traffic, he notes that the clinic is open from 8:30 a.m. to 5:00 p.m. Most day care traffic would occur before or after these hours. Regarding the outdoor play- ground area (a converted area of the parking lot west of the building), Mr. Dunkley states that the existing opaque fence on top of the berm adjacent to Earle Brown !;ri:e would remain and that the playground would be fenced off from the parking lot with chain link fence with or withoutm_ slats. (Stafft; that a p l ,r yground area for younr) ch i t dren shoo l d have a s res i dent: i a l an atmosphere as Possible and would prefer (in opaque wood fence around the play area rather then J ch(r In I ink f erice. ) l2- ()-ti4 Application No. 84039 continued Finally, Mr. Dunkley notes that there will be separate entrances and exits for both "sick care" and "well care" and an exit to the outside playground. The fenced playground would have a gate at one end, "away from the structure and away from all parking facilities." Staff are unable to determine where this is. A gate on the north side of the playground would lead to an area between a fence and the building. A gate on the south side of the playground would lead to the parking lot and immediately to an access drive where cars enter and leave the site. Staff are not opposed to the existence of day care facilities in commercial zones, but are frankly skeptical that such uses should be comprehended under the rubric of "educational uses." In this case we feel that the proposed facility is a day care or child care facility, not a school, and should be listed as such. The C1 zoning district allows as a permitted use under Section 35 -320 Subsection la: "Nursing care homes, maternity care homes, child care homes, boarding care homes, provided, however, that such institutions sha . be licensed by the appropriate state or municipal authority." (emphasis added) It seems to us that this category may be more appropriate to comprehend day care facilities. However, this category of uses was specifically excluded from om the list of Cl uses allowed in the C2 zoning district. The term "day care" is only used in the City's Zoning Ordinance in association with home occupations. New Horizon has two day care centers in Brooklyn Center located in churches in the R1 zone by special use permit. From this history, we feel that day care centers are primarily a residential use which should only be allowed in commercial zoning districts if certain conditions are met; ie. it should be considered a special use in commercial districts if permitted at all. This would require an amendment to the Zoning Ordinance. A further concern, if day care centers were allowed b special y p use permit, is over appropriate recreational space. It is our opinion that children, especial- ly those over age 3,, have a definite need to be outside and play periodically. They should not be warehoused in an office building, but should have ready access to recreation space that is, in all appearances, residential. The con- version of a parking area to a playground, if done sensitively, might accomplish this. The difficulty is in writing such residential requirements into a commerc- ial classification. This difficulty may be the reason for the absence of child care centers from the list of permitted or special uses in the C2 zoning district in the first place. If the Planning Commission feels that day care centers can be comprehended in the C2 zoning district, staff recommend that an ordinance amendment be devel- oped and brought back for eventual adoption. We recommend, in the interim, that the request for a determination that day care centers are similar in nature to permitted C2 uses be denied or tabled pending the drafting of an ordinance amendment. However, if the Commission feels these facilities are truly "similar in nature" to educational uses, such a determination can be recommended. 12 -6 -84 -2- MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION DECEMBER 20, 1984 CITY HALL CALL TO ORDER The Planning Ccuni.ssion met in study session and was called to order by Chairman George Lucht at 7 :38 p.m. ROLL CALL Chairman George Lucht, Commissioners Nancy Manson, Lowell Ainas, Carl Sandstrom, Mike Nelson and Wallace Bernards. Also present were Director of Planning and Inspection Ronald Warren, City Engineer James Grube and Planning Assistant Gary Shallcross. Chairman Lucht noted that Commissioner Molly Malecki had stated she would be unable to attend and was excused. APPROVAL OF MINUTES - December 6, 1984 ";otion by Commissioner Sandstrom seconded by Commissioner Ainas to approve the minutes of the December 6, 1984 Planning Commision meeting as submitted. Voting in favor: Chairman Lucht, Commissioners Manson, Ainas, Sandstrom, Nelson and Bernards. Voting against: none. The motion passed. / A.PPLICATION NO. 84039 (New Horizon Enterprises, Inc.) Following the Chairman's explanation, the Secretary proceeded with the third business item on the agenda since no other applicants were present. The item of business was a request for a determination that day care centers be considered similar in nature to educational uses so that a center may be located in the Park Nicollet Med Center building at 6000 Earle Brown Drive. The Secretary reviewed the contents of the staff report (see Planning Commission Information sheet for Application No. 84039 attached). The Secretary also reviewed a draft ordinance amendment to allow day care centers by special use permit in the C1 and C2 zoning districts, subject to certain special conditions and requirements (see draft ordinance amendment attached). Commissioner Sandstrom asked what would keep someone from trying to put an educational use in a shopping mall. The Secretary stated that if the City Council determined that a particular day care center were an educational use, then it would be exempt from the ordinance amendment restricting the location and site characteristics of day care centers in commercial zoning districts. The Secretary stated that the staff would consider any center which had to be licensed by the Department of Public Welfare as being a day care center and not a school. Chairman Lucht asked the applicant whether she had anything to add. Ms. Sue Dunkley, representing New Horizon Enterprises, Inc., stated that she had nothing to add to the report or the draft ordinance. Commissioner Sandstrom noted that the playground would be located in the parking lot in the case of the Med Center building. He asked how the installation of the playground would affect the parkin; requirements for the building. The Secretary stated that the parking requirement for the day care center was calculated at one space for every 200 sq. ft. under the "other commercial uses" category and that the I2 -20 -84 _1- balance of the building was calculated at the medical formula. He stated that both of these formulas were less restrictive than the retail formula which had been provided for on the site. He stated that there was, therefore, a slight surplus of �► parking. There followed a brief discussion regarding the requirement that half of the surface of the playground be of a pervious material. Commissioner Sandstrom asked whether the ordinance amendment would do much for day care centers in Brooklyn Center. The Secretary stated that it would open up the C1 and C2 zoning districts to day care, subject to certain restrictions and requirements. Ms. Dunkley stated that there are not that many day care centers in commercial locations anyway since daycare centers are generally not profitable to locate in commercial areas. Commissiner Manson cited the fact that Brooklyn Center could still control the location of day care centers in commercial districts since none presently existed. ACTION RECCPMMENDING DENIAL OF APPLICATICN NO. 84039 (New Horizon Enterprises, Inc. Motion by Commissioner Ainas ssecondea by Commissioner Manson to recommena denial of Application No. 84039 on the basis that day care centers are not considered to be similar in nature to an educational use. Voting in favor: Chairman Lucht, Commissioners Manson, Ainas, Sandstrom, Nelson and Bernards. Voting against: none. The motion passed. ACTION RECCt-''MENDING ADCPTICN OF ORDIPIANCE AMENDt' :ENT RELATIP;G TO DAY CARE C Iti COt• :MERCIAL ZONING DISTRICTS ^ — r Motion by Commissioner Manson seconded by Commissioner Sandstrom to recommend adoption of an ordinance amendment to allow day care centers in the C1 and C2 zoning districts by special use permit and subject to certain special conditions and requirements. Voting in favor: Chairman Lucht, Commissioners Manson, Ainas, Sandstrom, Nelson and Bernards. Voting against: none. The motion passed. APPLICATION NO. 84040 (Normandale Tennis Clubs, Inc.) The Secretary then introduced the next item of business, a request for site and building plan and special use permit approval to add a multiple purpose building for basketball, volleyball, etc. to the racquet and swim club at 4001 Lakebreeze Avenue North. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 84040 attached) . The Secretary explained briefly that the main building of the complex had somewhat less floor space than originally calculated and that there were more stalls provided on the west side of the site than in the original site plan approval. He stated that the combination of these factors made it possible for the new multiple purpose building to be accommodated on the site without increasing the size of the potential parking ramp that iz to serve as proof -of- parking. The Secretary also noted that he had a phone conversation with a Mrs. Jackmann who lives on the west side of Azelia Avenue North across from the site in question. He related her opposition to the basketball court, but noted that she had been somewhat confused as to the nature of the addition and was unable to attend for health reasons. Chairman Lucht noted the use of the word "gymnasium" in the staff report and asked that it be changed to some other description inasmuchas gymnasiums are not permitted to abut R1 , R2, or R3 zoned property. He stated that tie did not consider this to be the type of gymnasium or the type of use that was comprehended under the term "gymnasium" in the Zoning Ordinance. 12 -20 -84 -2- / Planning Commission Information Sheet Application No. 84039 Applicant: New Horizon Enterprises, Inc. Location: 6000 Earle Brown Drive Request: Determination This application was reviewed by the Planning ;ommission at its December 6, 1984 meeting. At that time, the Commission tabled the application and directed staff to prepare a draft ordinance amendment making day care centers a special use in the C2 zoning district. This is an alternative means of addressing day care centers than the applicant's request that day care centers be determined to be similar in nature to "educational uses" which is listed as a permitted use in the C2 zoning district. Staff have prepared a draft ordinance that would make day care centers a special use in the Cl and C2 zoning districts. Day care centers would not be permitted to abut certain intense commercial uses such as gas stations or convenience food restaurants which, in turn, are not permitted to abut RI, R2 or R3 zoned property. Special conditions would apply to day care centers in commercial districts similar to the conditions wh ich apply to office uses in the R5 and I -1 zoning districts. Finally, the draft amendment would stipulate certain site requirements on the outside recreational areas at day care centers in the Cl and C2 districts. The requirements are intended to make the play area a substantial component of the site, separated from commercial traffic as much as possible. Staff will be prepared to discuss the draft ordinance in further detail at Thursday's meeting. Minutes of the previous discussion are enclosed. It is recommended that the Planning Commissior, recommend rejecting the determination sought by the aplicant in favor of an ordinance amendment making day care centers a separate, acknowledged special use in the Cl and C2 zoning districts. 12 -20 -84 CITY OF BROOKLYd CENTER Notice is hereby given that a pub Iis hearing wiII be held on the 1.L of m. at the Ci P • +y Ha 1 l , 6301 Sh i ngi e Creek Pa rk>< to consider an amendment to the Zoning Ordinance regarding the locat of day care centers in commercial zoning districts. ORDINANCE NO. as -G� AN OPOINANC.E AIMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE LO OF G ROUP DAY,CARE FACILI .I;, COMIMER ZOiJI�G DISTRi ±:..T.$ THE CITY COUi'iCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLCi',S: Section 1. Section 35 -320 of the Cit;' Ordinances of the City of Brooklyn Center is hereby amended by the addition of the following: Section 35 -320. Ci SER DISTRICT 3. Special Uses b. Groui day care facilities provid the are not located on t !e same -roc as or adiEcan1 to i ;;se -,,,, icn is not ;Deri;ihtt�eo to eb�t Rl, R2, R3 zon ranC and pro %re th sucn ceve o - - ,nents M eac:, SOecific case, a re c emon , � .r a1Pd Z_ ce: I. Comp atible w ith existing adjacent lan use; as t hose ;Js permitted in the Cl district - . enera i v. - - -�- 2. Compl to existing th os e t -- — to aa,,ac. 1 .nd u ses as .fey � a uses �ermiitte6 in` L he Ci oist ri,t c2neraT Of comp inten to peri�itt °!i C1 distri land u ses vii i re spect to ac t i V i ty I e i s _ - -- — 4. Planned and desig to a ssure that. ^ncrated •traffic will - -- be I n Lie — c a paci C',' of av T it o T - , �'j57Tc f aci l ities an:� r_ 11 not ; av an aavers2 i a or r"aci l h ties. — t�,e lmmedlr,t? — re ir'tibOr or the CCi ^.r!-;i"li -- _— Tra _e2n;:rated b other uses on t :he si te w il l not OOS a d 'ng to _chi dren sereea oy tin da y (a re and fu rther pr'ovid2d _ - +� + _ t hat t he spec i a i rec ;u i'r_. �, _;� - , s,. , ,. for" i n e c t i o n s5 I tre edhar te. -- Sect io;, 2 . 5 : . : t i o h 35 -322 of the C i tv O'rd i nanc`s of L,:IL C i t of Center is iy tfie :1dG1tion Cf ;:hr' Sect ion 35 -322. C,Or• W-RCE DISTRICT 3. r. Gr7UJ (;d y Ci:r o f r i i - i t ios pr0' "(: `; ( ?y aro not i00..' + ! :i 011 �� :, S c li^ �r_t1r__rt� as Or — i: i' • C _tO _ ,l w(i I C r) I`' - 1 ^t l�r ?r'fil i tt(_C — tO —, : J U L R1 (Z, (!r_ ii_: _::0:;!`C ccrp_: r' . y clad ^ro oi F;)C3 Ct ?d I r) <i r, ^ , t „1 1 I 010 : i'!,l -- -- - -' r 1f ?ai: LIQi;ts I ? ^.,:c i1 S7 Itl' cas at ORDINANCE NO' RS-32 I Compatible ith i 2' Coimplementary to exi I as 3. Of com, p a ra b e intensity to i 4` Planned and designed to t h t generated traffi- 5. Traffic t u by th � Furthermore crOLM care f ac i7i 5ec`1 3, Section 35-411 of the City Ordinances of the City � -)f f Brnnkl � � i �n �n �r s I amended by the addition 0� the following: �2c+ ion 35-417 SPECIAL REOUlREMENT3 Cl. N � AND CIA DISTRICTS G' In the case of group day care fac i7i t i --�w~ Section 4. �ecti0n 3 of the City Ordinances of the City of Br�o, CentCr is hereby am2nned by �he addition of the fo|l0:incj: ` Section 35-412. SPECIAL 2EJUlkEMENTS lN C" D[STMCTS 7 In the cas2 of d F i7i � .12 not have i�)—iwperklio--s / r ORDIN;AVE NO. 85 -� ``2ction 5. Section 35 -900 of the City Oru'inances of the City of Brco{clyi Center is hereov a�_nded b the addition of the folio!vi Se ct1C:1 35 -9 00. DEFINITIONS. The lanQUI502 s,-ft fort; in the text of tiliS 7cning Ordinance snail be interpreted in accordance wit;! ti.° following defini- tion. Words used in the present tense shall include t112 future; ',lords use,: in the Singular include the pl!,ral and the plural includes the si, gfular. Group day care fa A f i 1 i ty 1 i ceased ��: the i� i;;n Department of P -,; i s •Ve �fl l r cc.r2 for S iX Or i Grt? c ;iT r at oily �it:,e. This tsrm a - Js o inc odes, i is nc t i i^lit to, facil iy s;;;�,� proora„s t'or cislTGrei Knoan as nursery scilo0$ cap nL °s, cni iC s r _ s3 n's O r s. ; TT,, 1"c::j,, u a y c .i c 2 -- - -- �. nr_�rs, ccuerar_ive G ail care Cent ° rs and H Start prog Section 5. T''nis Ordinance shall become effective aft.-r adoption and aeon thirty (30)days follo::ir;o its legal pu'lication. Adc ?ted this da v of Ft, n - :,nr 19 85 ' z _ Mayrr ATTCCT i, IerK Date of Pub] icat.:on_ �T 2 4, 198 Effective Date - - 2 3 . 1985 (U,r.Jerl ine indicates ne matter. brackets indict t2 matter to be °leie9). CITY OF BROOKLYN CENTER Council Meeting Date 7 /13/ Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Interim Ordinance for the Purpose of Protecting the Planning Process and the Health, Safety and Welfare of the Residents of the Community, and Regulating and Restricting the Development of Special Home Occupations Within the City ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: Ronald A. Warren, Director of Planning and Inspection 11A�4 MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached x ) The City Council on June 22, 1992, following discussion of the matter, held a first reading on an interim ordinance which would establish a moratorium on future consideration of special home occupations within the Brooklyn Boulevard Study area while the Brooklyn Boulevard Study is in progress. The City Council had directed the Planning Commission to review such a moratorium ordinance and make a recommendation which was done by the Planning Commission at its June 11, 1992 meeting. The Council's attention is directed to the previously submitted information relating to this ordinance proposal for further review. As directed by the City Council, we have sent notices of the City Council's public hearing regarding this moratorium ordinance to all properties within 400' of Brooklyn Boulevard between T. H. 100 and the north City limits. This is in addition to the normal ordinance publication requirements. A copy of the special notice of public hearing is attached. Approximately 600 notices were sent. Recommendation It is recommended that the City Council, following the public hearing on this matter, adopt the proposed interim ordinance. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1992 at p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an Interim Ordinance for the Purpose of Protecting the Planning Process and the Health, Safety, and Welfare of the Residents of the Community, and Regulating and Restricting the Development of Special Home Occupations Within the City. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY AND WELFARE OF THE RESIDENTS OF THE COMMUNITY, AND REGULATING AND RESTRICTING THE DEVELOPMENT OF SPECIAL HOME OCCUPATIONS WITHIN THE CITY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Background 1.01 That part of the City including all properties, any part of which lies within 400 feet of the right of way of Brooklyn Boulevard and between T.H. 100 and the North city limits (hereinafter referred to as the "Subject Area ") is a fully developed area containing a mix of commercial and residential uses. The Subiect Area is suffering the effects of deterioration, blight, economic disinvestment and decline in property values because of the age of structures, inefficient or obsolete layout of lot and structure, the effects of roadway widening, and other factors. 1.02 The Subject Area is designated in the City's Comprehensive Plan, 1981 as Mid Density Residential Service Office and General Commerce and is a mixture of zoning classifications including R -1, R -2, R -3, R -4, R -5, C -1 and C -2. ORDINANCE NO. 1.03 The Council is concerned that one of the factors which may be contributing to decline of the Subject Area is the mix of commercial and residential uses. In recent years a number of single family residential units in the Subject Area have been converted in part to a commercial use by issuance of special use permits for special home occupations under Sections 35 -406 and 35 -220 of the City Code Such uses have many of the characteristics of a commercial use including the use of additional structures, the use of equipment not customarily found in the home and the employment of persons who do not reside in the dwelling. 1.04 The Council is concerned that granting such special use permits for special home occupations may be contributing to the blighting influences in the Subject Area and may slow the normal economic process of conversion from non - conforming to permitted uses by making non - conforming uses more viable. 1.05 The City has commissioned a study of the Subject Area in an effort to foster development and redevelopment and enact appropriate zoning ordinances and subdivision regulations so that private sector efforts to revitalize the area are not frustrated and that _factors tending to cause blight and deterioration will be reversed. 1.06 To assure that the development of uses during the period the study is being conducted does not adversely affect the ability of the City to enact and enforce appropriate controls; to protect the planning process and the public health, safety and welfare; and to assure that the City and its citizens retain the benefits of the City's Comprehensive Plan and zoning ordinance the Council has determined that it is necessary and desirable to adopt this interim ordinance pursuant to the authoritv granted in Minnesota Statutes, Section 462.355, Sd. 4 (the "Act"). ©RDINANCE Section 2. Determination. 2.01 During the period this ordinance is in effect no special use permits for special home occupations shall be considered or issued by the City within the subject area. 2.02 This ordinance shall remain in effect for a Period of six months from its effective date or such earlier date as may be adopted by the City Council, provided that if the study and Planning process have not been completed within that six month period this ordinance may be extended for such additional periods as deemed necessary by the City Council not to exceed an additional period of eighteen months as permitted by the Act. Section 3. This ordinance applies to any applications for special home occupations that have not received approval by the City Council before June 22 1992 Section 4. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 1992. Todd Paulson, Mayor ATTEST: Deputy Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 :BYROOKLYN TELEPHONE: 569 -3300 CENTER FAX: 569 -3494 EMERGENCY - POLICE - FIRE 911 CITY OF BROOKLYN CENTER CITY COUNCIL 6301 Shingle Creek Parkway 569 -3330 NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Please take notice that the City Council of the City of Brooklyn Center will hold a public hearing on Monday, July 13, 1992 at approximately 7:15 p.m. , at the City Hall, 6301 Shingle Creek Parkway to consider the following: INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY AND WELFARE OF THE RESIDENTS OF THE COMMUNITY, AND REGULATING AND RESTRICTING THE DEVELOPMENT OF SPECIAL HOME OCCUPATIONS WITHIN THE CITY Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. Said ordinance has the effect of prohibiting consideration of special home occupations for a period of up to six months on all property located within 400 feet of the right of way of Brooklyn Boulevard between T. H. 100 and the north city limits. This is an area currently under study by the City regarding a review of the City's policies and goals and appropriate regulations to foster development and redevelopment in this area of the community. Again, you are encouraged to participate in the public hearing at the above date and time. If you have any further questions regarding the above, please contact me. P0 Y, Ronald A. Warren Director of Planning and Inspection RAW:mll 19B6AlldMERCA CffY CITY OF BROOKLYN CENTER Council Meeting Date 6/22/ Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Discussion Item - An Ordinance Establishing a moratorium on home occupations on Brooklyn Boulevard DEPT. APPROVAL Ronald A. Warren, Director of Planning and Inspection MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached x ) The City Council on May 26, 1992, following their approval of Planning Commission Application No. 92008 involving a special home occupation for Nhia Yong Thao at 6136 Brooklyn Boulevard, directed the Planning Commission to review the matter of a moratorium on home occupations along Brooklyn Boulevard during the time of the Brooklyn Boulevard Study. This matter was reviewed by the Planning Commission at its May 28 and June 11, 1992 meetings. Attached are copies of excerpts from minutes of those meetings involving this matter. The Planning Commission on June 11, 1992 recommended to the City Council the adoption of an interim ordinance establishing a moratorium on the consideration of special use permits involving home occupations within the study area of Brooklyn Boulevard. This area includes properties within 400' either side of Brooklyn Boulevard from Highway 100 to the north corporate limits. The City Attorney has drafted such an ordinance which is entitled Interim Ordinance for the Purpose of Protecting the Planning Process and the Health, Safety and Welfare of the Residents of the Community, and Regulating and Restricting the Development of'Special Home Occupations Within the City., (copy attached). The ordinance as being presented is in a form that can, if the City Council desires, be adopted for first reading and set on for publication and public hearing. ec R ommendation It is recommended that the City Council discuss the recommended ordinance provisions and give direction regarding how they wish to proceed with this ordinance proposal, ��.ia r't�:.14U000U +UUUUUUU JUN 16 '92' 16:31 HIDLMES & GRA','Efl P 2 CITY OF BROOKLYN CENTER. Notice is hereby given that a public hearing will be held on the day of 1992 at p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an Interim Ordinance for the Purpose of Protecting the Planning Process and the Health, Safety, and Welfare of the Residents of the Community, and Regulating and Restricting the Development of Special Home Occupations within the City. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. please contact the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE NO. INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY AND WELFARE OF THE RESIDENTS OF THE COAZIUNITY, AND REGULATING AND RESTRICTING THE DEVELOPMENT OF SPECIAL HOME OCCUPATIONS WITHIN THE CITY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Background 1.01 That part of the City including' all properties, any part of which lies with in 400 e t £ e of the right of way of Brookl n Boulevard and � y between T H. 100 and the North city limits ( hereinafter referred to as the "Subject Areal') is a fully developed area containing a mix of commercial and residential uses The Subject Area is suffering the effects of deterioration, blight. economic disinvestment and decline in property values because of the age of structures inefficient or obsolete layout of lot and structure the effects of roadway widening, and other factors 1.02 The Subject Area is designated in the City's Comprehensive Plan, 1981 as Mid Density Residential, Service Office an General Commerce and is a mixture of zoninz classifications including 1, R -2, R -3, R -4, R -5, C -1 and C -2 1.03 The Council is concerned t hat one of the factors which may be contributing to decline of the Subieet Area is the mit of commercial and residenti uses. In recent years a number of single family residential units to the Subiect Area have been convert In p a rt to a CO use b y i5su of special use ermits of r s ecial home oc" atioils Ur�de SSeciio ns 35 -406 and P p q 35 -220 of the City Code. Such uses have many of the characteristics of a commercial use includin - the use of additi stru r ctu os , the use of e q u ipment ipment not customarily found in the home and the employment of persons who do not reside in the dwellin� CLL36663 8&291 -16 544764400000+0000000 JOIN 16 'aS 16:3 HOLNES & GPA'VEH P.3 1.04 The Council is concerned that aranting such special use permits for special home occupations may be contri to the blighting Influences in the Subject Area and may slow the normal economic process of conversion from non-conforming to permitted uses by making non - conforming uses more viable. 1.05 The City has commissioned a studv of the Subject Area in an effort to foster development and redevelopment and enact appropriate zoning ordinances and subdivision regulations so that private sector efforts to revitalize the area are not frustrated and that factors tendina to cause blight and deterioration will be reversed. 1.06 To assure that the development of uses during the period the study is being conducted does not adversely affect the ability of the City to enact and enforce appropriate controls; to protect the planning process, and the public health, safety and welfare; and to assure that the City and its citizens retain the benefits of the City's Comprehensive Plan and zoning ordinance, the Council has determined that it is necessary and desirable to adopt this interim ordinance pursuant to the authority anted in Minnesota Statutes, Section 462.355, Sd. 4 (the "Act ") . Section 2. Determination 2.01 During the period this ordinance is in effect, no special use Permits forspecial home occupations shall be considered or issued by the City' within the sub emit area _ 2.02 This ordinance shall remain in effect for a period of six months from its effective date or such earlier date as may be adopted by the City Council, provided that, if the study and planning process have not been completed within that six month period this ordinance may be extended for such additional periods as deemed necessary by the City Council not to exceed an additional period of eighteen months as permitted by the Act. Section 3. This ordinance applies to any applications for special home occupations that have not received approval by the City Council before June 22, 1992. Section 4. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 1992, ATTEST: Mayor Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) 75 sq. ft. of outside play space per child that was outside at one time. He stated that there are regulations for equipment, but most of the regulations related to staff and qualifications as well as interior improvements. p ments. The Secretary stated that he was concerned that the state might approve an isolated la area i play n a parkin I n P lot. o He stated that the City regulated la areas in o protect the play order to P children from the dangers of commercial parking lots. C ommissioner r Mann asked what is t �� he state definition of "group da �� g P Y care". There followed a brief discussion regarding the terms "group day care" and "day care facility ". The Secretary distinguished between group day care and group family day care. Commissioner Mann expressed concern that the City would have two day care centers in the same strip mall. She asked whether a spacing requirement would be appropriate. The Secretary answered that he was not sure on what basis the City would adopt such a requirement. He stated that it is like saying you can't have two barber shops in the same shopping center. He added that it was more of a marketing concern than a land use concern. He noted that if there was a second day care center at Humboldt Square, it would have to meet the same play area requirements. He noted the spacing requirements for group homes and stated that he did not consider group homes to be a residential use, but that the City followed state mandates relating to group homes. He noted that sometime there are churches located right next to each other which are not a problem. Chairperson Pro tem Sander stated that it might be appropriate to have a restriction in the lease, but that this would be a tenant concern, not a City concern. Commissioner Holmes asked whether the ordinance would make day care centers a special use in the C1 zone. The Secretary answered that day care is already a special use in commercial zones. He clarified that under current ordinance, day care centers cannot be considered in shopping centers or adjacent to gas stations. He stated that if the ordinance is changed to do away with these restrictions, then a special use permit application would be in order. ACTION RECOMMENDING ADOPTION OF ORDINANCE AMENDMENT RELATING TO DAY CARE IN COMMERCIAL ZONES Motion by Commissioner Kalligher seconded by Commissioner Holmes to recommend adoption of an ordinance amendment relating to day care centers in commercial zones to do away with the prohibition on locating in a shopping center or adjacent to other certain commercial uses. Voting in favor: Chairperson Pro tem Sander, Commissioners Kalligher and Holmes. Voting against: Commissioner Mann. The motion passed. C. Moratorium on Home Occupations on Brooklyn Boulevard The Secretary apologized to the Commission that he did not have 6 -11 -92 9 �I specific ordinance language for them to consider regarding a moratorium on home occupations on Brooklyn Boulevard during the study that is being done. He stated that the ordinance will take 45 days to become effective and would only affect special home occupations within the Brooklyn Boulevard Study area. He stated that the ordinance will be in effect until the end of the year. He asked that the Planning Commission recommend the moratorium in concept. Commissioner Mann asked whether there is a time limit on moratoriums. The Secretary answered that they are limited to 18 months and can be renewed for an additional 12 months. ACTION RECOMMENDING ADOPTION OF AN ORDINANCE AMENDMENT ESTABLISHING A MORATORIUM ON HOME OCCUPATIONS ON BROOKLYN BOULEVARD Motion by Commissioner Mann seconded by Commissioner Kalligher to recommend adoption of an ordinance amendment establishing a moratorium on home occupations on Brooklyn Boulevard during the time of the Brooklyn Boulevard study. Voting in favor: Chairperson Pro tem Sander, Commissioners Kalligher, Holmes and ' Mann. Voting against: none. The motion passed. ADJOURNMENT Motion by Commissioner Mann to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 9:59 p.m. Chairperson 6 -11 -92 10 Commissioner Mann suggested that it might be appropriate to have a field trip and stated that she still had concerns regarding day care in shopping centers. Commissioner Holmes stated that it was probably necessary to make some changes to the ordinance, but he was not sure what changes to make yet. Commissioner Sander stated that she liked the existing restrictions on the play area. C. Real Estate Sign Ordinance The Secretary then introduced a brief discussion of the real estate sign ordinance that was adopted by the City Council last year. He stated that the ordinance presently in effect sunsets this summer unless it is readopted. He stated that the City can leave that ordinance as is, go back to the old ordinance, or develop a new ordinance. Commissioner Mann expressed some concern about such signs being temporary rather than continuing indefinitely. The Planner stated that a simple ordinance would be easier to enforce. He stated that an ordinance that required signs to be taken down every six months to a year would perhaps need a code enforcement officer to enforce. He stated that it would probably be necessary to have a permit for such signs if the ordinance is more complex. The Secretary stated that the City could certainly have whatever regulations it wants regarding such signs. He stated that a permit would help the staff enforce more complex ordinances. He stated that real estate signs are temporary because at some point they must come down. He also stated that Brooklyn Center has traditionally enforced its sign ordinance more than many communities. The Secretary added that the City Council had also had a concern about such signs being temporary and had debated whether it was more appropriate to have such signs be freestanding or wall signs. Moratorium on Home Occupations on Brooklyn Boulevard The Secretary reviewed with.the Planning Commission the action on the home occupation at 6136 Brooklyn Boulevard submitted by Nhia Thao. He stated that the City Council had suggested it might be appropriate to have a moratorium on such home occupations until the Brooklyn Boulevard Study was completed. He stated that the staff can draft an ordinance regarding such a moratorium and bring it back for the next meeting. The Planning Commission by consensus agreed that such an ordinance would be appropriate. Commissioner Bernards stated that he would not be at the June 11 meeting. The Secretary briefly referred the Commission to a letter from the Chamber of Commerce. Commissioner Mann noted that a group home was being looked at for a site south of the Joslyn property. The Secretary pointed out that the group home might be located on vacant land owned by Bruce Plumbing. He stated it was his understanding that they are looking 5 -28 -92 5 CITY OF BROOKLYN CENTER council Meeting D ate Jeri i3. I992 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: SETTING A CITY COUNCIL WORK SESSION REGARDING THE 1993 PRELIMINARY BUDGET LEVY AND CONSIDERATION OF THE ROLE OF THE FINANCIAL TASK FORCE IN THE 1993 BUDGET DEPT. APPR V : 7) Gerald G. linter, City Manager MANAGER'S REVIEW/RECONMIENDATION: No comments to supplement this report Comments below /attached Y SITP►1MAR EXPLANATION: (supplemental sheets attached • � PP ) As a part of the consideration of the 1993 Budget, the City Council must approve preliminary levy and budget by September 15, 1992. Our budget schedule calls for submittal of the City Manager's preliminary proposed budget in early August. I believe it would useful for the City Council at a Council work session to discuss the following issues relating to the 1993 Budget: 1. Council direction to staff regarding the level of the 1993 preliminary budget and levy amounts. The 1993 budget is no longer subject to levy limits. 2. City ouncil requests for projects to be included in the 1993 budget tY process. q P J g P 3. Use of the Prioritization Process recommendations in the 1993 budget preparation. 4. Role of the Financial Task Force in the 1993 budget consideration. RECOMMENDED CITY COUNCIL ACTION Discuss and give direction to staff regarding these matters. We would suggest a work session in the last two weeks of July to consider the issues relating to the 1993 Preliminary budget and levy certification. CITY OF BROOKLYN CENTER council Meeting Date 7/13/ Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Discussion Item - Brooklyn Boulevard Study Ad Hoc Task Force Committee Membership DEPT. APPROVAL: Ronald A. arren, Director of Planning and Inspection MANAGER'S REVIEW RECOMMENDATION: No comments to supplement this report Comments below /attached ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached x ) At the June 22, 1992 City Council meeting, the Council adopted a resolution establishing a Brooklyn Center Ad Hoc Brooklyn Boulevard Study Task Force and defining duties and responsibilities thereof. The Council also reviewed a list of persons expressing an interest in serving on this Task Force. The list was made up of primarily current members of various advisory commissions such as the Planning Commission, the Financial Task Force, Charter Commission, Housing Commission, Park and Recreation Commission, Human Rights and Resources Commission, Drug Awareness Commission and various neighborhood advisory groups, as well as some interested citizenry. That list contained approximately 23 persons. The Council further directed the staff to contact local newspapers regarding other interest in serving on this Task Force and to also notify persons living and working in the Brooklyn Boulevard Study area regarding their interest in serving on the Task Force. Approximately 600 letters were sent out to persons in the study area (copy attached) . We have received approximately 15 more responses to that mailout. A revised list including all persons expressing an interest in serving on the Task Force has been established and we have included copies of resumes and other pertinent information submitted by interested parties regarding their background and qualifications for serving on the Task Force. The City Council's attention is directed to previously submitted reports which are also included with this information. As noted, two members, Janis Blumentals and Jack Lescault, have already been appointed by the City Council to this Task Force. An additional nine members should be selected to make up the Chair and 10 member Task Force. Recommendation It is recommended that the City Council appoint the remaining membership to this Task Force in order that the Planning Study may continue in a timely manner. CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 BROOKLYN TELEPHONE: 569 -3300 C ENTER FAX: 569 -3494 EMERGENCY - POLICE - FIRE 911 June 26, 1992 Dear Citizen: The City Council has retained a Planning Consultant to conduct a study of Brooklyn Boulevard between Highway 100 and the north city limits. This study involves a review of the City's policies and goals with respect to the redevelopment of Brooklyn Boulevard. As part of the study process, the City Council created an Ad Hoc Task Force to assist the Planning Consultant and the City staff in the development of the study and its final recommendations. The Council has directed that notices be sent to seek potential task force members. As such, notices were sent to various advisory commission members seeking their possible participation and the Council has also directed that all persons living or having a business in the affected study area be contacted regarding their interest in serving. If you would like to be considered for membership on this task force, which will be made up of a chair and ten members, you are requested to contact me at City Hall by July 8, 1992. It would also be helpful if you could provide a short resume including some background information on yourself and your interest in serving on this task force. I can be reached at 569 -3300 or a note can be sent to me at the City Hall. The study is to be completed by December of this year and the group would meet about once a month, but possibly more often in the beginning stages of this study. Again, if you are interested, please contact me. Thank you for your consideration. Sincerely, Ronald A. Warren Director of Planning and Inspection RAW:mll ,sa�ui•�wwaan BROOKLYN BOULEVARD STUDY TASK FORCE NAME ADDRESS PHONE ULYSSES BOYD 4807 AZELIA AVENUE NORTH 5373215 CHARTER COMMISSION MYRNA KRAGNESS 3401 63RD AVENUE NORTH 561 -7442 CHARTER COMMISSION DIANE REEM 6225 CHOWEN AVENUE NORTH 561 -2690 CENTRAL NEIGHBORHOOD GROUP CHARLES RICKART 3408 66TH AVENUE NORTH 561 -7522 PARK AND RECREATION COMMISSION AL ANDERSON 5351 HUMBOLDT AVE N 560.1727 CHARTER COMMISSION PAGER 5918504 NEAL NELSON 3519 53RD PLACE NORTH 537 -5228 HOUSING COMMISSION EVERETT UNDH 2107 55TH AVENUE NORTH 560 -0835 CHARTER COMMISSION AND SOUTHEAST NEIGHBORHOOD GROUP KATHLEEN CARMODY 6312 BROOKLYN DRIVE 5663114 CHARTER COMMISSION AND HUMAN RIGHTS COMMISSION RON CHRISTENSEN 6101 JUNE AVENUE NORTH 533 -1930 FINANCIAL TASK FORCE AND CHARTER COMMISSION DON ROSEN 6850 BROOKLYN BOULEVARD 533 -1930 PILGRIM DRY CLEANERS, INC. EILEEN OSLUND 6000 EWING AVENUE NORTH 537 -2858 CHARTER COMMISSION KRISTEN MANN 5415 EAST TWIN LAKE BLVD 535 -7646 PLANNING COMMISSION DON GILBERT 6021 FREMONT AVENUE NORTH 560 -0529 CHARTER COMMISSION DOLORES HASTINGS 5813 ALDRICH AVENUE NORTH 5613956 HOUSING COMMISSION DENNIS SNOOK 5836 HALIFAX AVENUE NORTH 533 -9100 CHARTER COMMISSION BARB KALLIGHER 5548 GIRARD AVENUE NORTH 5663836 PLANNING COMMISSION MARK HOLMES 7207 GRIMES AVENUE NORTH 5603036 PLANNING COMMISSION ED COMMERS 6206 KYLE AVENUE NORTH 533 -5706 CHARTER COMMISSION TOM SLUPSKE 5918 ABBOTT AVENUE NORTH 560 -2997 RESIDENT RANDY RAU 6849 BROOKLYN BOULEVARD 561 -7821 HOLIDAY GAS STATION TONY KUEFLER 5941 ABBOTT ; I VENUE NORTH 561 -3251 CHARTER COMMISSION AND CENTRAL NEIGHBORHOOD GROUP SHARON ACHTELIK 3213 77turber Road i6o -1911 HUMAN RIGHTS AND RESOURCES ROBERT TORRES 4501 Winchester Lane 537 -0813 HOUSING COMMISSION ROBERT MICKELSON 4006 61 ST ,I VENUE NOR771 i36-91S7 CITIZEN NAlIME ADDRESS PHONE TRAYCE OLSEN 3910 65TH AVENUE NORTH 537 -9020 C177ZEN ROY PETERSON 3800 66TH AVENUE :FORTH 561-9181 CITIZEN 39 YEARS PHIL HOL30 7106 PERRY PLACE 5606219 CI=N STEVE KING 5620 BROOKLYN BOULEVARD 569 -1459 MARQUE= BANK BROOKDALE DAN GELB 5615 BROOKLYN BOULEVARD 699 -1393 BROOKLYN 30ULEVARD LTD. PARTNERSHIP HANK 30GUCKI '000 QUAIL AVENUE NORTH 561 -8937 CITIZEN AL PROCTOR 3501 63RD AVENUE NORTH 561 -7303 C1TT .V (w) 546 -9426 JOHN NORTON 5421 BROOKLYN BOULEVARD 535 -2729 NORTH SUBURBAN VACUUM RICK :OHNSON 6421 BROOKLYN BOULEVARD 535 -2729 ,VORTr SUBURBAN VACUUM GENE BRENNAN 3 COMMODORE DRIVE 537-0649 RE7jRED NSP :LIGR. PHILLIP ROCHE 5301 BROOKLYN BOULEVARD 535 -8097 CIT7ZEN BONNIE LUKES 3300 62ND AVENUE NORTH 561 -2097 Cl=.V 75 M4RS (w) 561 -0033 DON ROSEN 6850 BROOKLYN BOULEVARD 561-020 ?.RESIDENT, PILGRIM CLEANERS CH.ARLES SAUCIER 7002 QUAIL CIRCLE WEST 560 -1618 PRESIDENT, CREEK VIU1 'S HOMEOWNRS ASSOC. GREG LUTGEN 7216 BROOKLYN BOULEVARD 566 -9C06 Cl=.V (w) 124 -6703 KAREN L.ANG 7061 PERRY .AVENUE NORTH 561 -5172 CI77ZE:V DAVE ?AULAT 5521 BROOKLYN 30111E VARD 537 -2998 Cl =IV f-1 3 , 42 -4712 UDI d BERGLUND 5155 E.ARLE 3ROWN DRIVE 569.6300 HE?17AGE CENTER Gc:VER4L .'•f. V EG£R EUGENE HANAUSKA BOX 439, .ALBANY. MN 56307 345 -260( SCHOOL BOARD Mf. RENT: 1 ?ROPERTY OWNER s C2 /L - 3-3- 1 - -- - - - -- J � __ � � �� ��, �, �, �� � �����¢ • July 2, 1992 Ron `Marren Director Of Planning & Inspection B Center 7 c Srocklyn 3 S T would like to vclun_'�er for the Brooklyn Boulevard Study task force as 1 indicated to you on the telephone this afternoon. T have lived _n Brooklyn Cen for MOCe than a year. T h e use of the avenue needs some updating, Ncrj< experience ex-per that i can of - fEer. Worked with land legal descriptions of various Corporate lands purchased and sold along with ri ght of way permits. management experience. Budget experience in on-erations and capitol expenditures, _T Eu,,ene j , Brennan 4 "�2606 '6 Commododre D Ve Br C enter, Mn. 55 7 - -iDh tie 012 7 - 0 6 4 9 �tr July 7, 1992 Mr. Warren: This is a brief resume as you requested in your letter of June 26, 1992. Z have been a resident of Brooklyn Center for 39 years and have seen the City grow from nothing to what it is today. The main reason I would like to serve on this committee is that I don't agree with businesses run out of homes. Sincerely, Roy Peterson 3800 66th Ave. North 561 -1981 i Robert J. Mickelson, Jr. 4006 61st Avenue North Brooklyn Center, MN 55429 -2416 (612) 536 -9187 Mr. Ron Warren Director of Planning Brooklvn Center City Hall 6301 Shingle Creek Parkwav Brooklyn Center, MN 55430 Dear Mr. Warren: I am writing to you regarding the position for the Brooklyn Boulevard Task Force for Brooklyn Center. Based on past experiences with other task forces and committees, I feel I will be a valuable asset. If you have any questions, please feel free to contact me at my above address, or by phone. 4 Sinceel� —�1v j ;;' �,,L L� ` � ✓�✓ Lam-- Jrf (, / Robert�J. Mickelson, Jr. ROBERT J. MICKELSON, JR. 4006 61ST AVENUE NORTfi BROOKLYN CENTER, MN. 55429 -2416 (612) 536 -9187 POSITION To volunteer my services to serve on the Brooklyn Boulevard Task Force for the city of OBJECTIVE Brooklyn Center. GENERAL I am a mmmber of the following associations: SUMMARY Naval Cryptologic Veteran's Association Naval Intelligence Professionals Disabled American Veteran's American Legion S-nate District 47 Central Cofmnittee Member EXPERIENCE Cryptologic Technician; United States Navy 1981 to 1984 USS Jouett (CG -29), Homeport San Dic;o, CA. Performed communications work for the Naval Security Detachment onboard USS Jouett. Cryptologic Technician /Administrative Assistant: U.S. Navy 1984 to 1 .988 U.S. Naval Communications Unit- London, England Commander -in- Chief, U.S. Naval Headquarters Europe Administrative assistant to the operations officer for Naval Communications Unit - London. Other tasks included security management for communications, files and security. Other tasks included training and affirmative action officer. EDUCATION Horace Mann High School, Biwabik, MN. 55708 High School Diploma, 1980 North Hennepin Community college, Brooklyn Park, MN. 55445 Associate of Arts, 1990 University of St. Thomas, Saint Paul, MN. Human Resource Mgmt in Business Administration, 1993 Minor: Theology PERSONAL While at North Hennepin Community College 'NHCC), I served on the following: Curriculum Committee, Legislative Coordinator for the North Metropolitan Region, Marketing Task Force, Student Representative on the Advisory Board, NBCC Presidential Search Committee, Minnesota Community College Student Association - Vice President of Eaternai Relations. While at St. Thomas I became invoiced or th the Minnesota Multiple Sclerosis Society as a volunteer coup -elor for the Young Adult Support Group, I al:;o performed as a volunteer intern during the :;unmer recess in 1991. REFERENCES Available upon request rem I CLEANERS• LAUNDERERS 6850 BROOKLYN BOULEVARD PHONE: 6121561 -4320 MINNEAPOLIS, MINNESOTA 55429 June 30,1992 City of Brooklyn Center 6301 Shingle Creek Pkwy Brooklyn Center nN 55430 c/o Ron Warren, Director of Planning & inspection Dear Ron, I would like to be considered for membership on the task force of Brooklyn Blvd. As President of Pilgrim Dry Cleaners Inc; I feel that our presence on Brook - A yn Blvd is a vital part of our business. We have been on Brooklyn Blvd and 69th venue since 1960 providing the community with an important personal service in a location that is very convenient and accessable to the public. It is imperative that we are aware of the future of Brooklyn Blvd and wish to assist in its planning. Yours very truly Pilgrim Dry Cleaners Inc Don Rosen � Pres ident- DR /bn �� YEY1BfR Professional Drycleaning a Laundry Service Since 1940 —!FI Fab—re Imu W [e 6125601343 JUL- 8 -92 WED 10:21 MARQUETTE BANK BROOKDALE FAX NO. 6125601843 P,02 Marquette Bank Bruokdale,..,.., Steven C. King Senior Vice President July 8, 1992 Mr. Ronald Warren City of Brooklyn Center 6301 Shingle Creele, Parkway Brooklyn Center, Mn 55430 Dear Ron, Per our conversation concerning the Ad Hoc Task Force, please find some background information on myself. 9+ years at Mar _ Marquette Bank Brookdala currently Sr. Vice President Graduate of the Minnesota School of Banking - St. Olaf College Graduate of the School of Banking - University of Wisconsin (Madison) 9 year member of the Brooklyn Center Chamber of Commerce - currently Board of Director Member of the Brooklyn Center Rotary Club 8 years as Treasurer of the Coon Rapids Development Co. 2 years as Planning Commissioner in the City of Coon Rapids Member of the Lions Club I f o y u have any questions concerning his, you may con 9 Y tact me at #569 - 1459. hank you! Y S even C. King 5620 Brooklyn Boulevard Brooklyn Center. MN 55429 (612) - 561 -2530 Mr. Ronald A. Warren Director of Planning and Inspection City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Mn. 55430 July 8, 1992 Dear Mr. Warren: In response to your letter of June 26, 1992 requesting citizens to serve on an Ad Hoc Task Force, I ask that I be considered as a member of this task force. A copy of my professional re- sume is enclosed for your review. In addition to my professional experience working in real estate development and construction, I am currently working in public education. My university training is in geography with course work in economic geography and studies of urban geography. I trust my experience and training can be an asset to you and the study of the Brooklyn Boulevard redevelopment review. I plan on attending the public hearing on Monday, July 13, 1992 at 7:15 p.m. I will look forward to talking with you then. Sincerely, Phillip A. Holbo 7106 Perry Place Brooklyn Center, Mn. 55429 encl. Phillip A. Holbo 7106 Perry Place Minneapolis, Minnesota 55429 (612) 560 -6219 SKILLS: Communication Skills: effective public speaking, reading and writing, persuading, researching Human Resource Skills: establishing rapport, patience with firmness, sense of fairness, sense of humor Leadership Skills: initiative, ability to organize time and personnel Decision- Making Skills: identifying and analyzing problem areas, developing satisfactory solutions Instructional Skills: curriculum development, successful lecture and group discussion methods, multi -media creations, development of critical thinking skills Supervisory Skills: setting clear goals and objectives, encouraging and evaluating progress with high standards of achievement EXPERIENCE: Director of Operations, JMS Equities, Minneapolis, Minnesota, 1989 -1990, Managing all aspects of custom residential production, creating operations department procedures, budgeting, staffing and supervision Townhome Production Manager, The Rottlund Company, Minneapolis, Minnesota, 1988 -1989, Managing multiple- family housing production, developing accurate production budgets, schedules, performance specifications, and cost analysis Project Manager /Purchasing Agent, The Lusk Company, Pleasanton, California, 1984 -1988, Managing multiple residential construction projects, developing project specifications and budget estimates, soliciting bids, negotiating and enforcing contracts Projects Manager, North Empire Construction, San Carlos, California, 1983 -1984, Supervising finish carpentry crews, scheduling crews, purchasing materials, interfacing with developers Free -lance Photographer, 1982 -1983, Photography for advertising brochures and individual sale Teacher, Eureka County Schools, Eureka, Nevada, 1981 -1982, 7th -12th grade Social Science teaching: local and global geography, world history, U.S. History, U.S. Government, assistant football coach, class advisor Teacher, Sutherlin High School, Sutherlin, Oregon, 1979 -1981, 11th and 12th grade Social Science teaching: U.S. History, U.S. Government, Sociology, Economics EDUCATION: Graduate courses, Geography Education, University of Oregon, Eugene, Oregon, 1982 Bachelor of Science, Geography, University of Oregon, Eugene, Oregon, 1979 Associate of Arts, Liberal Arts, De Anza Community College, Cupertino, California, 1975 , AWARDS Graduate Teaching Fellowship, University of Oregon, Eugene, Oregon, 1982 AND R.A. Taft Institute Fellowship, Portland State University, Portland, Oregon, 1980 HONORS: Outstanding Service Award, De Anza Community College, Cupertino, California, 1975 Daniel L. Gelb 2264 West Seventh Street St. Paul, Minnesota, 55116 Ph(6 tax (812)699 -0322 City of Brooklyn Center Attention: Ronald Warren 6301 Shingle Creek Parkway July 7, 1992 Brooklyn Center, MN 55430 Dear Ron, I have enclosed a resume so that the appropriate parties have some basic information about myself with regards to my being a member of the task force studying the redevelopment of Brooklyn Boulevard. My interest in serving on the task force stems primarily from the fact that I have a substantial equity stake in the 5615 Professional Building located on Brooklyn Boulevard. Obviously, the future of Brooklyn Boulevard as a whole has a significant impact on my building. In addition, I am interested in government, and this appointment would give me an opportunity to be directly involved in the political and governmental planning process. It is probably appropriate that I update you with what I have been doing since I graduated from college lust over one year ago, since this information is not on my resume. During the past year I have been a self - employed real estate agent, and an active real estate investor. I am currently working on several acquistions in the Twin Cities Metropolitan Area. I am grateful for your consideration with regards to this task force, and appreciate your forwarding this letter and resume to the appropriate parties. Sincerely, ;9 �. "�d Daniel L. Gelb DANIEL L. GELB 2284 West Seventh Street St. Paul, MN 53 116 (612) 699 -1393 EDUCATION The Wharton 50001. Tjniversity of Pennsylvania. Philadelphia, PA. - Bachelor of Science in Economics, May 1991 -Dual concentration in Finance and Real Estate - Cumulative Average 3.9 - Business related coursework includes: - Advanced Corporate Finance - Financial Accounting -Real Estate Finance - Managerial Accounting -Urban Housing Finance - Entrepreneurial Management - Corporation Law - Statistics -Real Estate Law - Marketing - Insurance - Decision Sciences (Excel) - Banking - Ethics - Activities and Honors Include: President of the Finance Club, Real Estate Club, Pennsylvania Investment Alliance, Second place in the 1985 Investment Game, Tutoring in the Philadelphia public schools, Beta Gamma Sigma Honor Society, Dean's List. St. Paul Academy, St. Paul, MN - Cumulative average 3.7, graduated June 1987, Cum Laude. - Activities and Honors Include: President of the Spanish Club, Winner of the Helen Busyn Social Studies Award, Varsity Debate, Alpine Skiing, 3 -year Varsity Letterman, Dean's List. EXPERIENCE Real Estate Brokerage, St. Paul, MN -Self employed real estate agent. Sold industrial property and apartments. - Developed and sold a double home for investment. Summer 1989 -90 The Gaughan Companies, Coon Rapids, MN - Worked on apartment acquisitions and financial analysis with the company controller and vice- president. - Developed a software program to help manage cash flows of construction projects. - Worked with various property managers, primarily on multi - family apartment and townhouse projects. Summer 1988 Elliot Automotive Supply Company Incorporated, St. Paul, MN Assistant Manager the Dayton- Hudson account. - Gained extensive knowledge in customer relations, with particular emphasis on transportation and Invoicing. Summer1987 Worked in Sales and InventorX -Top Salesman in seasonal market. Also helped cultivate new fleet accounts including Hertz, Avis, and Budget. Summer 1985 PERSONAL Enjoy skiing, snowmobiling, horseback riding, scuba diving, windsurfing, biking, theatre, movies, travel and collecting. Computer literate. 5 years of Spanish. Wednesday, July 8th, 1992 David Paulat 6521 Brooklyn Boulevard Mr. Ronald A. Warren Brooklyn Center, MN 55429 Director of Planning and Inspection City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mr. Warren; I would like to be considered for membership on the Ad Hoc Task Force, created by the City Council, that will work with a planning consultant and the city staff in conducting a study of Brooklyn Boulevard. I have written up and enclosed a brief resume that describes my background. It is important that homeowners living on Brooklyn Boulevard be represented on this task force. It's good to hear that the council is seeking task force members from the affected area. As a homeowner and resident on Brooklyn Boulevard for several years, I have an interest in it's use and development. I feel that I could contribute to this task force and represent the views of homeowners living on Brooklyn Boulevard. Sincerely, David N. Paulat David Paula# 6521 Brooklyn Boulevard Brooklyn Center, MN 55429 Home (612) 537 -2998 Office (612) 342 -4712 Personal Information: maflon. Married to Renee, have a six month old scan, Benjamin. Homeowner and resident on r Brooklyn Boulevard since 1985. Raised in Brooklyn Center, attended Earle Brown Elementary School. Occupation; 6/84 - present Senior ProgrammerlAnalyst Minnegasco Inc. Organize, lead, and control software development and maintenance projects to ensure that quality systems are delivered that support client needs and specifications. Education: University of Idaho - Fall 1978 to Winter 1983 Bachelor of Science, Computer Science Bachelor of Science, Business Management ,u,� rod�. r July 8, 1992 Mr. Ronald A. Warren Director of Planning and Inspection c/o City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Letter of 6 -26 -92 Ad Hoc Task Force Dear MY. Warren, I would like to be considered for membership on the Ad Hoc Task Force, which will assist the Planning Consultant and City Staff on the study of Brooklyn Boulevard as described in your letter of 6- 26 -92. I have lived in two Creek Villa Townhouses for a total of 14 years, and have been on the Association Board of Directors for 8 years. I am currently President of our Townhouse Association and have been for the last 6 years. We have 103 homeowners in our Association which abutts Brooklyn Boulevard on the West side, from 7100 to Shingle Creek on the North end. Our homeowners would be very interested in what happens to Brooklyn Boulevard and I would be a good person to represent them. Sincerely yours, kid J�u �- Charles A. Saucier 7002 Quail Circle West Brooklyn Center, MN 55429 -1210 Phone 560 - 1618 CAS /ss , CITY OF BROOKLYN CENTER Council Meeting Date6 /22/9 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Discussion Item - Brooklyn Boulevard Study Ad Hoc Task Force DEPT. APPROVA Ronald A. Warren, Director of Planning and Inspection MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached X } At the June 8, 1992 City Council meeting, the Council directed that a resolution creating an Ad Hoc Task Force for the Brooklyn Boulevard Planning Study be prepared and that potential members be sought. A letter (copy attached) was sent out on June 11 to all advisory commission members, all neighborhood advisory group members and the Chamber of Commerce, requesting interested persons to contact me by June 18, 1992. To date we have received approximately 20 responses from interested persons. Attached is a copy of a list of those responding indicating their address, phone number and what group they are affiliated with. Attached for the Council's consideration is a resolution establishing a Brooklyn Center Ad Hoc Brooklyn Boulevard Study Task Force and defining duties and responsibilities. It should be noted that in Subdivision 5 of the resolution a blank space has been left to fill in the number of persons to serve on this task force. The City Council has indicated the number should be 9 or 11. Also, the resolution is set up for the Mayor to appoint the Chair with the City Council's consent rather than for the task force to elect its own Chair. The reason for this type of provision is that the task force is for a limited period of time and the membership is coming from different commissions, advisory groups and the Chamber of Commerce and the familiarity of people may not exist. Two members, Janis Blumentals and Jack Lescault have already been appointed by the City Council. SUMMARY EXPLANATION Page 2 June 22, 1992 It should be noted that one person on the list, Tony Kuefler, indicated that he has been working out of town lately and might have some difficulty serving on the task force, depending on when the meetings are scheduled. He .indicated he would call me to discuss this in more detail. At the time of the writing of this report, we have been unable ble to discuss this matter further. Recommendation It appears that there are many capable candidates for this task force as indicated by the attached list. It's recommended the City Council adopt the enabling resolution and select 7 or 9 more members to serve on the task force. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING A BROOKLYN CENTER AD HOC BROOKLYN BOULEVARD STUDY TASK FORCE AND DEFINING DUTIES AND RESPONSIBILITIES WHEREAS, the Brooklyn Center City Council has authorized the creation of an ad hoc task force for the express purpose of assisting the City Council in formulating recommendations related to the Brooklyn Boulevard Planning Study. NOW, THEREFORE, BE IT RESOLVED by the Brooklyn Center City Council that there is hereby established within the City of Brooklyn Center an advisory ad hoc Brooklyn Boulevard Study Task Force as follows: Subdivision 1. TITLE: This organization shall be known as the Brooklyn Center ad hoc Brooklyn Boulevard Study Task Force. Subdivision 2. SCOPE: The scope of activity of this Task Force shall consist of advising the City Council regarding matters relevant to the City's Brooklyn Boulevard Study being conducted by the consulting firm of Dahlgren, Shardlow and Uban, Inc. Subdivision 3. PURPOSE: The general purpose of this Task Force shall be to assist the consultant and City staff in the development of the study and its final recommendations. Subdivision 4. DUTIES AND RESPONSIBILITIES: In fulfillment of its purpose, the duties and responsibilities of the Task Force shall be to: 1. Review the City's policies and goals regarding redevelopment of Brooklyn Boulevard. 2. Review a n conceptual development plan for Brooklyn P P P Y Boulevard. 3. Review potential impediments to development along Brooklyn Boulevard. Subdivision 5. COMPOSITION: The Task Force shall be composed of a chairperson and 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 appointed by the Mayor with majority consent of the City Council. The Chairperson may be removed by the Mayor with majority consent of the Council. The Chairperson shall assure fulfillment of the following responsibilities in addition to those otherwise described herein: RESOLUTION NO. 1. Preside over meetings of the Task Force; 2. Appear or appoint a representative to appear, as necessary, before the City Council to present the viewpoint of the Task Force in matters relevant to the City's Brooklyn Boulevard Study efforts as it relates to business under consideration by the City Council; 3. Review all official minutes of the City Council and other advisory commissions for the purpose of informing the Brooklyn Boulevard Study Task Force of matters relevant to City finances. Vice Chairperson A Vice Chairperson shall be appointed by the Mayor with majority consent of the city council from the members of the Task Force. 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 Task Force shall be appointed by the Mayor with majority consent of the 10 Council. The terms of office shall be for the life of the Task Force as set forth in Subdivision 11. In the event an appointed member suffers from an extended illness, disability, or other activity preventing proper fulfillment of duties, responsibilities, rules and regulations of the Task Force, the member may be temporarily replaced during the temporary leave by an interim member appointed by the Mayor with majority consent of the City Council. Qualification for Membership Members of the Task Force shall be residents of or work within the City of Brooklyn Center while serving on the Task Force, shall have been residents of or worked within said City for at least one year prior to their appointment, and shall represent an interest in Brooklyn Boulevard. Representation Requirements Due regard shall be given by the Mayor in appointing Task Force members with geographical distribution within the City, and the representative nature of the Task Force in terms of sex, religion, ethnic, racial, age, handicapped, employment and employer groups. RESOLUTION NO. Conflict of Interest Members shall comply with provisions of the City of Brooklyn Center's business ethics policy. Resignations- Removal from Office - Vacancies Members may resign voluntarily or may be removed from office by the Mayor with consent by majority vote of the City Council. Three consecutive absences from duly called Task Force meetings or absences from a majority of duly called Task Force meetings within one calendar year shall constitute automatic resignation from office. The City Manager shall inform the Mayor of such automatic resignations. Vacancies in the Task Force shall be filled by Mayoral appointment with majority consent of the City Council. Compensation Members shall serve without compensation. Subdivision 7. RULES AND PROCEDURES: The Task Force shall adopt 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 Task Force 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 Task Force. Special meetings may be called by the chairperson. Subdivision 9. STAFF: The City Manager shall assign one member of the City's staff to serve as staff to the Task Force. The staff member assigned shall perform such clerical and research duties on behalf of the Task Force as may be assigned by the chairperson. Subdivision 10. EX OFFICIO MEMBERS: The Mayor or his or her Councilperson- appointee shall serve as an ex officio member of the Task Force, privileged to speak on any matter but without a vote, and shall provide a liaison between the Task Force and the City Council. Subdivision 11. TASK FORCE TERM: The provisions of this resolution shall expire upon completion of and acceptance by the City Council of the Brooklyn Boulevard Study unless specifically extended by the City Council. RESOLUTION NO. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. June 11, 1992 Dear Interested Citizen: The City Council has retained a planning consultant to conduct a study of Brooklyn Boulevard between Highway 100 and the north city limits. This study involves a review of the City's policies and goals with respect to the redevelopment of Brooklyn Boulevard. As part of the study process, the City Council on June 8, 1992 created an AD HOC Task Force to assist the consultant and the City staff in the development of the study and its final recommendations. The Council has directed that notices be sent out to seek potential task force members. As such, your name has been mentioned as an interested citizen who may wish to participate in this process. If you would like to be considered for membership on this task force, you are requested to contact me at City Hall by Thursday, June 18, 1992. I can be reached at 569 -3300. The study is to be completed by December of this year and the group would meet about once a month, but possibly more often in the beginning stages of the study. I believe this will be a worthwhile study and your involvement should prove both worthwhile and rewarding. Again, if you are interested, please contact me. Thank you for your consideration. Sincerely, Ronald A. Warren Director of Planning and Inspection BROOKLYN BOULEVARD STUDY TASK FORCE NAME ADDRESS PHON ULYSSES BOYD 4807 AZELIA AVENUE NORTH 5373215 CHARTER COMMISSION MYRNA KRAGNESS 3401 63RD AVENUE NORTH 561 -7442 CHARTER COMMISSION DIANE REEM 6225 CHOWEN AVENUE NORTH 561 -2690 CENTRAL NEIGHBORHOOD GROUP CHARLES RICHART 3408 66TH AVENUE NORTH 561 -7572 PARK AND RECREATION COMMISSION AL ANDERSON 5351 HUMBOLDT AVE N 560 -1727 CHARTER COMMISSION PAGER 591 -8.504 NEAL NELSON 3519 53RD PLACE NORTH 537.5228 HOUSING COMMISSION EVERETT L1NDH 2107 55TH AVENUE NORTH 560 -0835 CHARTER COMMISSION AND SOUTHEAST NEIGHBORHOOD GROUP KATHLEEN CARMODY 6312 BROOKLYN DRIVE 5663114 CHARTER COMMISSION AND HUMAN RIGHTS COMMISSION RON CHRISTIANSON 6101 JUNE AVENUE NORTH 533 -1930 FINANCIAL TASK FORCE AND CHARTER COMMISSION DON ROSEN - 6850 BROOKLYN BOULEVARD 533 -1930 PILGRIM DRY CLEANERS, INC. EILEEN OSLUND 6000 EWING AVENUE NORTH 537 -2858 CHARTER COMMISSION KRISTEN MANN 5415 EAST TWIN LAKE BLVD 535 -7646 PLANNING COMMISSION DON GILBERT 6021 FREMONT AVENUE NORTH 560 -0529 CHARTER COMMISSION DOLORES HASTINGS 5813 ALDRICH AVENUE NORTH 5613956 HOUSING COMMISSION DENNIS SNOOK 5836 HALIFAX AVENUE NORTH 533 -9100 CHARTER COMMISSION BARB KALLIGHER 5548 GIRARD AVENUE NORTH 5663836 PLANNING COMMISSION MARK HOLMES 7207 GRIMES AVENUE NORTH 5603036 PLANNING COMMISSION ED COMMERS 6206 KYLE AVENUE NORTH 533.5706 CHARTER COMMISSION TOM SLUPSKE 5918 ABBOTT AVENUE NORTH 560.2997 RESIDENT RANDY RAU 6849 BROOKLYN BOULEVARD 561 -7821 IIOLIDAY GAS STATION TONY E:UEFLER 5943 ABBOTT AVE:'NUE NORTH 361.3251 CHARTER COMMISSION AND CENTRAL NEIGIIIIORIIOOD GI?OUI- CITY OF BROOKLYN CENTER Council Meetin Date 7/I3/92 Agenda Item Number e REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: STAFF REPORT REGARDING ACQUISITION OF SURPLUS RIGHT -OF -WAY ALONG 194 FROM MNDOT DEPT. APPROVAL: Sy Knapp, Director ot Public Works MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /atta hed SUNMARY EXPLANATION: (supplemental sheets attached Yes • The attached memorandum provides a history of improvement project 1987 -21, Survey and Plat Surplus Right -of -Way Along Interstate Highway I -94. Survey and platting is now complete, and MNDOT has transferred title of the excess right -of -way to the City. We are now ready to begin the process of selling the remnant parcels and six buildable lots of excess right of way. The attached memorandum discusses in detail a number of recommendations, which are summarized below. Recommendations Regarding Remnant Parcels: 1) Direct staff to immediately reoffer the parcels for sale to the adjacent property owners at the previously quoted price of 20C per square foot. The parcels identified as P -58 & 59 and P -233 & 228 should be offered at 10F per square foot. 2) Authorize the City Manager to enter into purchase agreements with the adjacent property owners. 3) Place the following conditions upon sale of the properties: • Purchasers must combine for tax purposes the remnant parcel with • their property. • Purchasers wishing to build on the remnant parcel must obtain a Certificate of Survey prior to obtaining a building permit. e Certain properties should be conveyed with a covenant restricting future development of the property. 4) Deposit all revenues raised through the sale of these parcels in the Capital Projects Fund. Recommendations Regarding Developable Parcels: 1) Direct staff to evaluate the cost of developing these parcels, and to work with EDA staff to sell the parcels. 2) Convey these parcels via quit claim deed. 3) Deposit all revenues raised through the sale of these parcels in the Capital Projects Fund. RECOMMENDED CITY COUNCIL ACTION • Review and comment on the staff recommendations regarding disposition of this property. A resolution is provided for Council consideration. CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 BROOKLYN TELEPHONE: 569 -3300 C ENTER FAX: 569 -3494 EMERGENCY - POLICE - FIRE 911 July 2, 1992 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works SUBJ: Disposition of Surplus Right of Way Along Interstate Highway I -94 Resolution 87 -171, approved August 24, 1987, established improvement project 1987 -21, Survey and Plat Surplus Right -of -Way Along Interstate Highway I -94. This project was established to plat and resell remnant parcels of excess right of way acquired by MNDOT for construction of I -94, from the south city limits to I -694. MNDOT has at long last completed its part of the platting process, and has formally deeded the excess right of way to the City of Brooklyn Center. We are now in a position to begin the process of reselling this property. This memorandum provides a brief history of the process so far, and staff recommendations as to the next steps. Many property owners abutting the excess right of way, who have been aware since 1988 or even before that the property would eventually be available for sale, are anxious to purchase the property and build garages, fences, etc. These owners are hoping that we can proceed with the property disposal as quickly as possible. HISTORY • Prior to August, 1987, MNDOT worked directly with adjoining property owners to transfer ownership of remnant parcels. In several cases, tentative agreements fell apart due to a number of obstacles, including excessive red tape. • To facilitate the process, in August, 1987, I reached a verbal agreement with MNDOT wherein MNDOT would give the City title to the excess right of way property at no cost, provided the City pay for surveying and platting the property. Resolution 87 -171 approved this agreement, and retained Merila & Associates to provide surveying and platting services. l�t7 • In December, 1988, the City contacted the property owners adjacent to the remnant parcels to determine their interest in purchasing the property. At that time, the property was offered for sale at a price which was estimated at 35 -4N per square foot, with a $200 minimum per parcel. This price was obtained by dividing the total estimated cost to the City of platting the property by the total square footage of property available. • After Council review of the results of the initial offer, the Council agreed to reoffer the property at 2N per square foot with no minimum, which was the valuation per square foot used by the City Assessor for undeveloped, outlot property. After the second offer, of the total of 41 property owners abutting remnant parcels, 21 were interested in purchasing; 16 were not; and 4 made no response. • Surveying and platting work is now complete. This work took an unusually long time, primarily because of staff turnover at MNDOT, and MNDOT's inability to assign the project to anything more than a low priority. However, MNDOT has now agreed to include in the plat property which it had intended to retain, property which can be subdivided into six developable parcels. • The City has received and recorded the deeds to the property, and is in the process of obtaining legal descriptions for each parcel to be sold. RECOMIVIENDATIONS I have reviewed a number of issues with Ron Warren, Director of Planning and Inspection, Mark Parish, the City Assessor, and Charlie LeFevere, the City Attorney, and make the following recommendations regarding the next steps we should take. This section discusses first the remnant parcels, then the developable parcels. Remnant Parcels These remnant parcels range in size from a few hundred square feet to 15,000 square feet; the average is about 4,500 square feet. This is property for the most part next to noise walls or mounds. The primary advantages to abutting property owners of purchasing this property are: 1) acquiring additional property on which to erect a garage or some other structure, or to build a fence; 2) for nonconforming properties, acquiring additional property to help meet setback or other requirements; and 3) increasing the resale value of their property with a minimal increase in property tax. The City Assessor estimates that purchase of a remnant parcel of an average size of 4,500 square feet would increase the value of an average property by just over $1,000, with a resulting tax increase of $15 -25 per year. 1) I recommend that the remnant parcels be again offered to the abutting property owners at the previously offered rate of 20C per square foot. While the City Assessor currently values outlots at 23C per square foot, I recommend that we honor the original asking price. Nine of the 41 properties have changed hands since the original offers; about half of those nine previous owners were interested in purchasing. Some of the property owners who were not interested previously may have changed their minds. These offers should be made as soon as possible after Council authorization. 2) Two remnant parcels (labelled P -58 & 59, and P -233 & 228 on the attached maps) are either heavily encumbered by easements or are partially noise mound. Because they are essentially unbuildable, I recommend that those two parcels be offered to the abutting property owner at IOC per square foot. 3) Where multiple property owners are interested in the same parcel, I recommend that priority always be given to the owner directly abutting the remnant. Some property owners have expressed concern that they would be willing to purchase the parcel, but may need some time to raise the funds to pay for the purchase. I recommend that these property owners be allowed to preserve their priority interest in the parcel by executing a purchase agreement which allows up to one year for closing. 4) The City would convey the property by quit claim deed. The owners would be responsible for working with the City Assessor to combine (at no charge) their parcels for tax purposes. Owners wishing to build on the remnant property must, according to established Planning Department policy, obtain a Certificate of Survey (estimated cost = $200 -400). This policy of tax combination and Certificate of Survey is in lieu of replatting the property, which could cost the property owner an estimated $2,000. 5) Some parcels are located such that they are not now buildable, but they could be acquired along with adjacent property and replatted into multiple buildable lots. While doing so would be legal, I recommend that we discourage such action on the basis of discouraging overdense development of the area. This could be accomplished via a Declaration of Covenants or as a deed restriction. The particular properties are those labelled P -58 & 59 and P -48. 6) I recommend that all revenues be deposited in the Capital Projects Fund, to recoup the City's investment in the project and to enable other projects. Buildable Parcels The City now has title to six buildable parcels (labelled P- 1 - P- 6 on the map). While this area is zoned R -2, these lots are sized so that only single- family homes may be built. Again, this is to discourage overdense development of the area. 1) MNDOT deeded title to these properties to the City via quit claim deeds. Based on discussions with the City Attorney, I recommend that the City sell these properties via quit claim deed, rather than incur additional expenses and liabilities of obtaining title insurance and providing a warranty deed. A quit claim deed may reduce the selling price very slightly, but should have no effect on the marketability of the parcels. 2) The EDA has had experience in reselling property acquired by the City. I recommend that EDA personnel be authorized to administer the sale of these properties. Brad Hoffman has agreed to do so. 3) Staff are in the process of evaluating several development alternatives. Each alternative may have varying costs associated with extending water and sanitary sewer service, or other development costs. These costs would have an impact on the minimum price to be established for each parcel. ESTIMATED COSTS AND REVENUES COSTS Merila & Associates: Survey and Plat $34,100 Richard Pitts: Legal Descriptions 1,500 Legal Fees 2,000 Administrative Costs (5%) 5,000 Development Costs ? -- - - TOTAL $42,500+ REVENUES Remnant Parcels $10- 20,000 Buildable Lots $60- 100,000 --------------- TOTAL $70- 120,000 Respectfully Submitted, Sy Knapp, Director o Public Works ., I - UA,NIT U� __..� Jd AN AVE. N. ___— — J L �T 'N 3AV S�!'�_ ......... � - -- T _ �_� A :f_ N. EANL FROWN DR . - 'N 'HIO �._ --.I :: :..� I : i t *� • � • 4 � ! u- �- �- �- � -�-� -' • JA MES AVE. N. � t �� k i 1 r 1 1 J jj jr � ���� z )r' E. _. ...'••rte ± l l t.1T` }� � IRVING AVE, N. VE• �' ,1 ,•, y 1 t 1'Y � ftJ �.r i_L1�L1� HUNBOLDT AVE. I _L �c \ O �— I��}I- •I{I�- GIW�RD AVE. 111___111 - iIIIm �] > UIlllllll. i G - a ! !'c FREiACNT AVE. . 7 i 1 r t1.�llllll111L' FTTIF== HE X 91' "O" - ' EME l � m c' iIIIIIi i?IIIII]II® IIL ""� z IIT rY ArE. 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M32 M33 z M34 o M35- w M36- cn "' 43 7- - �=i•" ' Section at the Minnesota u��uL "•-•` Metro District- Golden Valley CONVERSION 54TH - 55TH_ Minnesota State Plane Coordinate 00 seconds being "GRID NORTH ". lengths and can be converted to lengths by multiplying Plat distances P�I P 4 � %.... 335`2 3t� 3C0 iN G U 1 KEN F�( o e4 -6a �- c SEE DE";:►L ' 1 6 y / P 0 o N LEFT co 110 D11 i 1 n i • . P � 14 ,F Cr_ F6 r r 17 w r > o 13 12 55TH - 56TH �1 1 10 p( iN 9 P�4 5 r co D ' n0 SEE C ETA i C 1 O LE FT � I �a5Q ..� a'. 8 CI � 5� !�� 20 L, Will I , �� r N C .' ° . 2 c0 sc _ LL- J7 PT. C'J NAY R /'N OF o p Ui� r 6 �- A 5 vfx� Oyu' S 1ti E. z M5 66 mot, 93 0 't4 � -m3 �. • . l /. '! c = ?T � S*- Y. R /'N OF 567H ,:'✓E. (1,J G A R C E LO N j Q WALL MAINTENANCE ANu CONSTRUCTION EASEMENT c-�- 'NALL N= INTENAN"CE AND CONSTRUCTION 49 �— EASE '',ENT ADDITION TO �--� -� P � off R�� ' ^ I 5 V J 5 10 FT. NALL MAINTENANCE 5 CCNST UCTION 4, EASE1'.ENT - } ,r °aI %IN33'P ' PENDING CONVEYANCE TO THE CITY OF . f� BROOKLYN CENTER ��_.at'ofiY? M41 89 QWrw r M39 X39 X65! F .. Zi .. l I ' p — iAI ._3 + Ll I R/W ExISiiNG I H1VY.N0.94 / DRAIN4GE aUTILITY t o N I 6 ° 9>� a Pr : P a5► �'' EASE �-f �� co :- E XIST NG I N Q 39 °' 4 � y�3� 5S 30 I' M I N N E AP CIS -I9�- CA � DE- ,3 t l J e N U 01006' 5 56TH - 57TH SL 4V- G- +` ;AGE 8 UTILITY P�NpGIE. EA E .SErtEN7 i ( 40 �y1 -9 S �D� �.; x x • '.P ENO I N G 14CE O I F 1 1 Z 7 _ - - �_. e _ P a38 _ G..3 • o T U � E. N211 ti' 2 : ' i _ „` -PT CN SLY. ',% 57TH ^_✓E. t -_i G A R N s 1A 75 t ,a-:�✓E/ 47 ..� I CJ 60 94 U) 27 N 26 25 24 'W° �' 23 22 w . F J W 7 _ -Z `+ l u a z �-, u z z -� NW 1 4, S C 1 /4' w z 3 N Z 65 Q J PT. G'; N _ ti / �' r H E= Y �E OZ Vet L `:�, :CE �i CC 2 1�'i . SE "'ENT \� 10 FT. %' r1.2 t2 I F. 2t `aErrr `:20 �; _ P -a�l� �-ay� � -��� � -a�l;' ��a'�a- ��a`�3A• �,:'_� - - I. w t, 2QA.<: 116 a7.. o D ti i i Z Fi/ N EXiS''4v 1. H 4Y. NC. Sa - - -�` �m I UTILITY E TD o m e Y o EASEt1,ENT- O .a 3 I © 28 v 37 �n - N� I (D 0 5 (0931 5636 Sr. 3,�, 5 (nay 5( y 5 608 F : 20 30 1 i i NEB "F*, ER OF SECTION, EASED ON ADJOINING PLATS r ± �' _ ::F 70CRf) S• :JTH,.�';E I `i S. yY40 - - ---i.. _ 3 57TH - 58TH 3 7 6 O y t• �. ROAD R 50 ;',NSEv��CE 9 Lo PT. -.j R /'V N N12 �_ / EaSE�''E�j= NL OF M3 p I G H 57 TH AVE O ti 47. z 3 NO M31 5 I 4 �r3 2 6 7 LDS ��— M 29 J uj Y28 o cn O fir_' i M27 f V \ N z I E Vv &oz v W fE � i j' y,', 8 � :Y26 12.5'_ FT C• NAY R ,y F— Q i tr X125 ,R OF 5 TH <VE O x AINA T Z T h' Z r > P a3,'.. a 3 S p_3 2 0 N �. Q ba- 7 M20i _r L K. 1 oN cc) ����� �cF A 1� ) r- I F '' ^^ TT I 4/N ti�� > J 50 X31 9 I 2 3 - ------ 5�3� d� 30 A D D I TI O � U- PENC CAMDEN N 57Do 0 N U AVENUE cls,� cr 20 30 CENTER OF SECTION, BASED MINN. STATE PLANE CO ORD., SOUTH X" �I 8 .'�875.c8 (R.R. SPIKE SET Y' 751, i � a co N N O Ln N NtO �I�O I I N SIXTEENTH LINE ACCESS CONTROL — ----- _ 1C Of (1ndcr R`y direct PROPERTY LINE ACCESS OPENING _ OPEN t}C �111'c O� l�;C .,laic Of R/W BOUNDARY R/W CAST IRON MONUMENT OR 2' X2"D.O.T. IRON t EXISTING D.O.T. R/W LINE ALUMINUM CAP :ITI(j ll'.::1 :III .1 ?t f1UJi1CI1lS AND OTHER ROAD R /W ___ 3 /4 "D.O.T. IRON PIN RAILROAD R/W -- OTHER IRON MONUMENT PRIVATE EASEMENT _ _ CONCRETE OR STONE MONUMENT TEMPORARY - R/W BOUNDARY CORNER � v c D I S TANCES SHOWN TO FEET ( 100.00 ETC.) ARE EXACT EXTRINS V. NCE S I 58TH -59TH 1 r M23 M L Y N D/\ L E'` X1.40 it 10 9 R 1 M39 7 6 I 8 1 l N E R S �N Es t 6 2277-52'A9" E � - ---- -- v 3 5 2463 6[a7 _ 33 R / � v ,29'�,IOFj"5 R,Gj1`' O�Q49ty �' OF 0 8 ` 22 8 M33 1� �g0 -� Z 0 1 j z N _ 2p r-- - o __ M31 Y �� R/IV E kIS7/tl� N L X2 i88 °Oi'S4~--� M3 1.�A U r 1 L ! T y CRA:NAGE UTILITY Ig �M29 PEN 59'q W 28 EA:,EmENT O1 NG CO 2 5tp, 4 W =� LY NDALE N 2 E �/2 ' � I L 2 T fi �- / E , — z 16 17�„ iry. 15 14 , w 12 w v ; :� N Q s 1/4 , N E 1/ � w o�� 8; �, > ( ~QRIVERSIDE A C R ES 0 Ln In 20 19 18 AD D 23 22 21 C O In 0 9 o ca —WEST LINE OF NE 1/4 OF SECTION I. CA 262 3 1 0 0 0 3 5' 12" — -- I R/W S�_ - 'A T l Sid ,3 3/ 'p 2 L� \ N 9 6 mlo cJ / E4 ,_, F 48 29 \fit 1 1ryGaESS � \OO CA 3 o N � oT � cr C41�DE'� ��' 2 COURT ro 0 1 2 Tb DETAIL AT MII a0. Ni 4 PT Orr SOUTH L iNEOFL-OTI M15 SLK 2,MER.4YVIEWADD L i v MIS LLJ R/� OF Ex1ST��gG / I HWY. _ �� \,.. Q o, GOUT LOT 4 — 2 a P V r a gt 3 y M20 zzo ro M 22' o � o co FT 62 ./ N D �L_ �1A � T AVENUE NORTH ti;rRucriorvEa Elva NLY. R /'y OF 62NO AVE. 0 co I - - - - -- _ 0 14 w I 13 2 50 . � 15 16 I O R G' S = w 12 N o A DITI 0 3 O 4 Q `711 / 1 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING TERMS AND CONDITIONS FOR SALE OF SURPLUS PROPERTIES ALONG I94, IMPROVEMENT PROJECT NO. 1987 -21 WHEREAS, MNDOT has deeded to the City certain surplus right -of -way lands acquired for the purpose of constructing I94; and WHEREAS, pursuant to Resolution No. 87 -171, survey and platting of these lands has been completed and the properties are now available for sale to the public; and WHEREAS, the City Council finds it in the public interest to establish certain terms and conditions of sale of this property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The City Manager is hereby authorized to offer for sale to the adjacent property owners the remnant parcels located between the owners' properties and the newly established right -of -way line for a sum of 20(� per square foot. The City Manager is authorized to offer for sale to the adjacent property owners the parcels known as P -58 & 59 and P- 233 & 228 for a sum of lOF per square foot. 2. The City Manager is hereby authorized to enter into purchase agreements with the respective property owners. 3. The following conditions are placed upon sale of these remnant parcels: • Purchasers must combine for tax purposes the remnant parcel with their property. • Purchasers wishing to build on the remnant parcel must obtain a Certificate of Survey prior to obtaining a building permit. • Sale of the parcels known as P -58 & 59 and P -48 is hereby subject to a restrictive covenant prohibiting any future development of those lands. 4. The City Manager is hereby authorized to offer for sale the six parcels known as P -1 through P -6 to the general public. Resolution No. 5. All costs and revenues associated with the disposition of these surplus right of way lands shall be accounted for in the Capital Projects Fund. 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. CITY OF BROOKLYN CENTER Council Meeting Date 07%13/92 • Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: STAFF REPORT REGARDING JOINT TRANSPORTATION SYSTEM STUDY WITH BROOKLYN PARK DEPT. APPROVAL: z Sy;Knapp, recto of Public Works MANAGER'S REVIEW /RECOMMENDATION: �' a No comments to supplement this report Comments below /atta ed SUMMARY EXPLANATION: (supplemental sheets attached Yes • For many years the City of Brooklyn Center has recognized the existence of traffic capacity, safety and congestion problems along the Brooklyn Boulevard corridor, particularly at the Brooklyn Boulevard /I94 -694 interchange area and north through the Brooklyn Boulevard /69th Avenue intersection. As a result of these problems, substantial numbers of drivers regularly use their "Creative Shortcutting 101" skills to find alternate routes through residential neighborhoods, thereby creating more problems. While Brooklyn Boulevard was under the jurisdiction of MNDOT (as T.H. 152), the City Council and staff frequently requested MNDOT to study these problems and develop a concept to reduce those problems. Unfortunately, MNDOT never responded to those requests with anything approaching a comprehensive solution. Since MNDOT transferred jurisdiction of Brooklyn Boulevard to Hennepin County (it is now designated as County Road 152) we have made several requests to HCDOT to plan for improvements to the Brooklyn Boulevard corridor. Again, unfortunately, no such plan has been initiated by HCDOT. Probably one of the major reasons why MNDOT and /or HCDOT have hesitated to undertake the development of a comprehensive plan for Brooklyn Boulevard is their realization that the success of a planning effort will rely, to a large extent, on developing a larger "transportation system" improvement plan, including other collector and arterial streets in Brooklyn Park, as well as those in Brooklyn Center. Without participation by both cities, and their willingness to cooperate and attempt to negotiate a "system solution ", any effort to deal with problems on Brooklyn Boulevard will have limited success. In a recent discussion with me, following the joint meeting of the Brooklyn Center and Brooklyn Park City Councils, Brooklyn Park's Director of Public Works Gary Brown advised me that Brooklyn Park has commissioned the firm of Strgar- Roscoe- Fausch Inc. (SRF) to conduct a transportation system study. That study was initiated primarily to deal with numerous issues relating to the upcoming design and construction of new T.H. 610, but will include the entire City of Brooklyn Park. At that time I suggested to Gary that, if the study area was extended to include the northerly half of Brooklyn Center (i.e. - north of 61st Avenue), and if some conferences could be held between the cities, and involve representation from MNDOT, HCDOT and the Metro Council, this may be the best (and possibly the last, for the foreseeable future) opportunity to develop a "system solution ". Besides dealing with the Brooklyn Boulevard issues, I also suggested that such a study should include all north -south traffic corridors which impact our two cities. Mr. Brown agreed this would be a good opportunity and suggested I contact SRF to ask them to develop a proposal wherein they would develop a contract with Brooklyn Center, to be coordinated with their study of the Brooklyn Park transportation system. Accordingly, I made that contact with SRF, and have negotiated a proposed contract with them. A copy of their proposal is attached. Under their proposal, SRF would "...prepare a Roadway Plan for the northern half of Brooklyn Center that identifies the transportation facilities required to meet the needs through the year 2010..." (Task 6). Under this proposal, the costs for development of such plan will not exceed $10,000 unless further approval is given by the City Council. It is noted that this cost does not include "Task 7" (i.e. - the development of a concept plan for Brooklyn Boulevard, including intersection geometrics, turn lanes and through lanes, of coordination, driveway access and medians, geometrics from cross streets, etc .j.v While it may be necessary to ask SRF to assist in the development of such details, it is hoped that City staff, working with HCDOT and MNDOT, can accomplish much of that work based on information developed in Tasks 1 through 6. At any rate, not enough is known at this time to give a reasonable estimate of the costs for what should be regarded as "Phase 2" work. The success or failure of the proposed study to resolve existing problems will depend largely on the amount of cooperation between all agencies involved. We believe that a spirit of cooperation does now exist between Brooklyn Park and Brooklyn Center, and with other agencies. It is also noted that SRF has established a history of fostering cooperation between agencies, and that this firm is well respected b y their clients Accordingly, we recommend acceptance and approval of SRF's proposal to conduct Task 1 through 6 as described in that proposal, at a cost not to exceed $10,000 unless further authorization is granted by the City Council. It is recommended that funding for the cost of this study be appropriated from the "local" Municipal State Aid Street fund. RECOMMENDED CITY COUNCIL ACTION ■ A resolution is provided for consideration by the City Council. ■ Review and discuss this report. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING PROJECT NO. 1992 -18, JOINT TRANSPORTATION SYSTEM STUDY WITH BROOKLYN PARK, ACCEPTING PROPOSAL AND APPROPRIATING FUNDS THEREFORE WHEREAS, the City of Brooklyn Park has initiated a transportation system study for its entire city; and WHEREAS, it is the opinion of this City Council that a transportation study of the northerly half of Brooklyn Center should be conducted in coordination with the Brooklyn Park study to assure development of a system solution to problems which are common to both cities; and WHEREAS, the City has received a proposal from Strgar- Roscoe - Fausch Inc. to conduct a transportation study and develop a roadway plan covering the northerly half of Brooklyn Center, in coordination with their contract with the City of Brooklyn Park, with a cost to Brooklyn Center not to exceed $10,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The proposal submitted by Strgar- Roscoe - Fausch Inc. to conduct a transportation study of the northerly half of the City at a cost not to exceed $10,000 is hereby accepted. 2. The Mayor and City Manager have hereby authorized and directed to execute said contract with Strgar- Roscoe - Fausch Inc. on behalf of the City. 3. All costs related to this study shall be appropriated from the Municipal State Aid Street Fund, Account No. 2911. 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. SRF STRGAR- ROSCOE- FAUSCH, INC. CONSULTING ENGINEERS & PLANNERS TRANSPORTATION ■ CIVIL ■ STRUCTURAL ■ ENVIRONMENTAL ■ LAND SURVEYORS July 7, 1992 Mr. Sy Knapp Director of Public Works CITY OF BROOKLYN CENTER 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 RE: NORTH BROOKLYN CENTER TRANSPORTATION STUDY Dear Mr. Knapp: In response to your request, we are pleased to submit this revised proposal to the City of Brooklyn Center to conduct a transportation, transit and traffic study for the northern half of the City. The major focus of this study will be Brooklyn Boulevard /Zane Avenue Corridor, the need for additional north -south roadways such as T.H. 252, transit improvements and the traffic impacts of the proposed reconstruction of 1 -94 on the local system. BASIC SERVICES We would propose to carry out all the work as described in the attached Scope of Services. BASIS OF PAYMENT We would propose to be reimbursed for our services on an hourly basis at a rate of 2.5 times salary cost for the actual time expended, and at actual cost for the out of pocket expenses (printing, reproduction) and mileage at a rate of $.26 per mile. Invoices would be submitted on a monthly basis for work performed during the previous month with payment due within 30 days. The total cost for our services for Tasks 1 through 6 of this project is estimated at $10,000.00 and we will not exceed this figure without your approval. The cost of Tasks 7 and 8 have not been included in this estimate. If directed to complete Tasks 7 and 8 we would bill that work on an hourly basis. The estimate of cost is based on the attached Scope of Work. It is understood that if the scope or the extent of work should be adjusted at any time, the project cost will be adjusted accordingly. Suite 150, One Carlson Parkway North, Minneapolis, Minnesota 55447 612/475-0010 FAX 61 .1/475-2429 Mr. Sy Knapp -2- July 7, 1992 NOTICE TO PROCEED A signed copy of this proposal returned to this office or your verbal authorization will serve as notice to proceed. We will begin the work immediately thereupon and will complete the project within a mutually agreed upon time schedule. We sincerely appreciate your consideration of this proposal and look forward to working with you on this project. Please feel free to contact us if additional information regarding the subject is required. Very truly yours, STRGAR - ROSCOE- FAUSCH, INC. T Peter A. Fausch, P.E. Senior Vice President PAF:bba APPROVED: Name Title Date APPROVED BY: Todd Paulson, Mayor Date G. G. Splinter, City Manager Date Approved by Brooklyn Center City Council on CITY OF BROOKLYN CENTER NORTH BROOKLYN CENTER TRANSPORTATION STUDY SCOPE OF SERVICES TASK 1 -- PROJECT MOBILIZATION Meet with City of Brooklyn Center staff to refine the Scope of Services and schedule and to review the following items: Study area boundaries (north of 61 st Avenue) Issues to be addressed Coordination process with agencies /cities Data availability Additional data needs Coordination with other studies /projects TASK 2 - -DATA COLLECTION To reduce the cost of data collection, maximum use will be made of data available. The following data will be required: a. Land Use Data Existing and future population, employment and households by City Traffic Analysis Zones (TAZ), (to be provided by the City). A City TAZ system will be developed for the study area as part of Task 3. Metropolitan Council estimates of population, employment and households (by regional TAZs). (The source of this data will be the Metropolitan council.) b. Traffic and Roadway Data Current and historical Mn /DOT and MSA traffic counts, both p.m. peak and daily. We have assumed that if additional counts are needed, they would be made by the City. Existing and programmed regional and local roadway network. r Existing network characteristics including number of lanes, speeds, capacity and traffic controls. 1 Local and regional functional classification of roadway system. Jurisdictional authority of the roadway system. Existing travel forecasts (including T.H. 610, Brooklyn Park and Hennepin County forecasts). C. Accident Data Accident history along Brooklyn Boulevard, between 63rd Avenue North and 69th Avenue North. d. Transit Data Existing and planned transit, paratransit and park- and -ride services and facilities. RTB Vision for Transit hubs and MTC Team Transit projects. Existing and proposed transit routes, frequency, ridership, service ours of service and cost and revenue information. Q Y , e. Studies and Reports Review available traffic studies, project feasibility reports, corridor studies and other relevant studies to avoid duplication of effort. TASK 3 -- DEVELOP FORECASTS AND ESTIMATES Travel forecasts will be developed for existing and year 2010 conditions, as follows: a. Define refined Traffic Assignment Zones and develop existing and future networks consisting of principal, intermediate and minor arterials and collectors. b. Meet with the City to review and finalize the population, employment and household estimates for the year 2010. Compare to the Metropolitan Council's forecasts and document differences, if any. c. Cut a window in the regional network and develop trip tables for the years 1990 and 2010. The window will include the northern half of the City of Brooklyn Center and the City of Brooklyn Park. d. Produce baseline traffic assignment for the year 1990 for calibration purposes. e. Compare 1990 assignment with 1990 traffic counts and perform calibration tasks r including screenline and cordon analysis. f. Once calibration is completed, develop a future network alternative and assign the future trip table. 2 g. Review year 2010 assignments and compare to historical growth trends as a reasonableness check. Examine screenline and cordon line volumes. h. Calculate volume /capacity ratios and identify capacity improvements as well as new roadway needs. TASK 4 -- CONDUCT TRAFFIC ANALYSIS a. Analyze the existing traffic data and determine who is using Brooklyn Boulevard. b. Estimate the traffic volume on Brooklyn Boulevard during reconstruction of 1 -94. C. Estimate future traffic volumes on Brooklyn Boulevard with and without an interchange at Zane Avenue and 1 -94. d. Determine the impact on Brooklyn Boulevard if additional north -south connection is provided. In particular, examine the role of Humboldt Avenue and T.H. 252. e. Analyze the role that transit can play in addressing travel demand in these corridors. f. Prepare a roadway plan for the northern half of Brooklyn Center. Identify capacity improvements needed to carry the anticipated traffic and maintain adequate levels of operation. Identify transit improvements that would increase usage. Include north -south and east -west roadways needed to reduce the traffic impacts on Brooklyn Boulevard. TASK -- 5 PRO E J CT COORDINATION /MEETINGS GS Coordinate all activities through City staff. Maintain close contact with the City of Brooklyn Park, Mn /DOT, Metropolitan Council and Hennepin County. Attend up to three meetings to discuss and resolve issues. TASK 6 -- PREPARE DRAFT AND FINAL ROADWAY PLAN Prepare a Roadway Plan for the northern half of the City that identifies the transportation facilities required to meet the needs through the year 2010. The Plan should be based upon information developed in the preceding tasks. TASK 7 -- DEVELOP CONCEPT PLAN FOR BROOKLYN BOULEVARD OPTIONAL Given the available right -of -way, develop a concept design for Brooklyn Boulevard that maximizes its vehicle - carrying capacity. Include intersection geometrics, turn lanes and through lanes, signal coordination, driveway access and median crossings. Include geometric of cross - streets. 3 TASK 8 -- DEVELOP TRANSIT OPERATIONS PLAN FOR BROOKLYN BOULEVARD AND OTHER NORTH /SOUTH /SOU H ROUTES (OPTIONAL) Based on existing regional transit plans and potential transit improvements developed in Task 4, develop a transit operation plan for selected corridors. Identify routes, stops, amenities and ridership estimates. 4 CITY OF BROOKLYN CENTER council Meeting Date Iuly I3, 1992 Agenda Item Number /D E REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIP'T'ION: 1991 ANNUAL FINANCIAL REPORT PRESENTED JUNE 8, 1992 DEPT. APPROVAL: Ckal -a N aA,-Q,)?-m Charlie Hansen, Assistant Director of Finance �. MANAGER'S REVIEW/RECOABMNDATION: No comments to supplement this report Comments below /attached • SUMMARY EXPLANATION: (supplemental sheets attached ) RECOMMENDED CITY COUNCIL ACTION E[ CITY DEPARTMENT OF FINANCE B OOKLYN C ENTER June 19 1992 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Paul W. Holmlund, Director of Finance qw0r SUBJECT: 1991 Annual Financial Report presented June 8, 1992 At the meeting of June 8, 1992, several matters were raised which i were not possible to adequately discuss or respond to at the time. These included: I. The Auditor's r s mana g ement letter and recommendations. II. Accounting changes incorporated in the 1991 Annual Financial Report. III. Questions from the Mayor and City Council raised at the meeting. The accompanying report, including sections from the staff, the City Attorney, and the Independent Auditors, attempts to address all of these matters. If any items have not been answered satisfactorily, or if others have come to your attention, we will be happy to address them. It doesn't appear that any further action on the part of the Council is required at this time. ATTACHMENTS 1. Deloitte & Touche Management Letter. 2. Holmes & Graven opinion letter on publications. 3. Deloitte & Touche letter on accounting changes. 4. Marquette Bank Brookdale service charge analysis. AUDITOR'S MANAGEMENT LETTER Only the heading and not the full text of the comment is listed here. Please see the attached letter from the Auditors for the full text. I. Parks and Recreation Activities: Transfer activity to an enterprise fund in 1992 or 1993. Staff has some misgivings about this proposal. We think the resulting fund would have little chance of ever operating at a profit and therefore isn't an ideal candidate for an enterprise fund. Only a few other cities have made this change. The majority are still accounting for recreation the way we are. We will examine this proposal further during the budget process. The Auditor's reason for suggesting this change is that having the activity in the General Fund inflates our per capita expenditures and may cause the State to view the City's spending unfavorably. II. Publication of Bond Issuances: Required for two consecutive weeks. We requested an opinion from the City Attorney that this error would not affect the legal status of our bonds. In their examination, the City Attorney determined that Statute 475.58 doesn't apply to us and that our bond publication was proper. Please see the attached letter from David Kennedy of Holmes and Graven. This points up the complexity of undertakings such as bonds issues and the need to retain expert assistance when doing them. III. Retention of Construction Bids: For the construction jobs in question, the City had retained the services of a construction manager to oversee all aspects of the job from design through bidding and construction. The bids in this case were obtained from this construction manager, not from the building contractors. There is nothing inappropriate about having the construction manager do this kind of record keeping. IV. Property and Equipment Disposals: The staff has been working for a number of years to improve the quality of data we have on the fixed asset accounting system. Most of the unrecorded disposals cited by the Auditors are things which have been used until they are completely worn out and are then thrown in a dumpster. It has been difficult to convince many employees that it is important to record the disposal of something which has deteriorated to a state of little more than junk. In fact, this is exactly the record keeping that we do need to be doing and the Auditor's comment will lend authority to that need when we again review this with employees. ACCOUNTING CHANGES IN THE 1991 REPORT In the 1991 Annual Financial Report, three funds were reclassified from Special Revenue type funds to either Capital Project or Internal Service type funds. This was done because we fear that the State of Minnesota may look at our fund balances, consider them to be excessive, and use that as a pretext to reduce future aid payments to the City. We think the State is less likely to use Capital Project and Internal Service fund balances in such a calculation. Please see the attached letter from Cliff Hoffman, Partner, Deloitte & Touche, which thoroughly explains the change. QUESTIONS RAISED AT THE MEETING I. Cash in Bank at December 31, 1991: $406,389 (page 31) This was an unusually high balance. The balance got that high because of some interest payments which came in too late to be reinvested, and because investments had been transferred to checking to meet expected disbursements. It was then determined that the disbursements could be delayed. By Friday, January 3, the balance was less than $100,000. In the first five months of 1992, our month end balance in the checking account has averaged $45,460. The question was then asked about earning interest on the cash we keep in the account. The City has chosen to have a "compensating balance" checking account rather than an "interest bearing" account. The theory is that the interest given up will offset the cost of bank service charges on the account. These charges include a fee for each individual check we deposit to the account, each check we write on the account, each N.S.F. check returned to the account, and each daily deposit bag. By keeping the average daily balance low, we have managed to save more on not paying service charges then the interest we have lost. The bank has provided us with a monthly statement of what these fees would be and the interest we could be earning. We have included the statements for the last six months and they show that for five of the six, the fees would have substantially exceeded the interest earnings. The City is better off to forgo the interest earnings and have free checking in this case. II. Tax delinquencies. Table 3 on page 106 of the report displays the City's experience with tax collections for the last ten years. The first six columns deal with taxes levied and collected in a given year. The second to last column is the balance of all delinquent taxes owed to the City as of December 31 of that year. Five other suburbs send us their annual reports for the purpose of comparison. Of these, Plymouth, Richfield, and St. Louis Park have somewhat better tax Collection experience, Coon Rapids is very similar to ours, and Bloomington is somewhat worse. These five do not represent an exhaustive study, but they are the ones that are readily available to me. Uncollected taxes arise from primarily two reasons. First is the family or business that falls on hard times and is unable to make the payment when due. Eventually, these taxes are almost always collected. Second is the business that is prompted to appeal its value to tax court because of the high share of the tax burden the state legislature has placed on business property. Our Assessing Department vigorously defends against these appeals, but the tax court frequently rules in favor of the business. The resulting tax abatements are lost revenues that are never collected. Because Hennepin County is the collection agent for taxes and the tax court intervenes in the process, there is virtually nothing more that the City Council or staff can do to improve our tax collection rate. Deloifte & Touche 900 Pillsbury Center Telephone: (612) 333 -2301 Minneapolis, Minnesota 55402 -1483 Facsimile: (612) 375 -5418 April 10, 1992 Honorable Mayor and Members of the City Council City of Brooklyn Center, Minnesota In planning and performing our audit of the general purpose financial statements of the City of Brooklyn Center (the City) for the year ended December 31, 1991, we considered its internal control structure in order to determine our auditing procedures for the purpose of expressing an opinion on the general purpose financial statements and not to provide assurance on the internal control structure. In connection therewith, we submit this Commentary Report containing our comments, observations, and recommendations concerning administrative and operating matters which resulted from our audit of the City's 1991 general purpose financial statements. Our observations and recommendations are presented under the following main captions: I. Administrative and Operating Matters II. Status of Prior -year Recommendations This report is intended solely for the information and use of the Mayor and City Council, management, and others within the organization. We will be pleased to discuss these recommendations with you and, if desired, to assist you in implementing any of them. Yours truly, Member r% V% RP ..:::International ADMINISTRATIVE AND OPERATING MATTERS Parks and Recreation Activities: Observation: The results from operations for parks and recreation activities are currently being recorded in the general fund. Due to this classification: • The loss from operations is covered by the general fund. • Depreciation expense for the buildings and equipment is not charged against operations. Generally accepted accounting principles indicate that when operations are financed and operated in a manner similar to private business enterprises - where the intent of the governing body is that the costs (expenses, including depreciation) of providing a service be financed or recovered mainly through user charges; or where the governing body has decided that periodic determination of revenues earned, expenses incurred, and/or net income is appropriate - the use of an enterprise fund classification is appropriate. For the City to more appropriately set user fees, a determination of the cost of providing services in an enterprise fund could be useful. Recommendation: The City should consider reclassifying swimming pool activities and certain other recreational activities as an enterprise fund. Also, a review of the current user fees should be performed in an effort to determine if the fees being charged are consistent with the cost of services being provided. Publication of Bond Issuances: Observation: In accordance with Minnesota Statutes § 475.58, a resolution stating the amount of bonds to be issued and referring to the listing of debts to be funded or refunded is required to be published in a legal newspaper once each week for two consecutive weeks. During our testing, we noted the City ran the publication for only one week for bond issuances in 1991. Recommendation: The City should closely monitor its adherence to Minnesota legal compliance provisions in all areas, Particularly, in relation to all future bond issuances. 2 Retention of Construction Bids: Observation: During our testing of the City's compliance with Minnesota bid laws, we noted two instances for contracts totalling $25,786 where the appropriate information (i.e., construction bids) was not retained by the City and had to be requested from the contractors. Recommendation: The City should retain all bids received on construction projects for a reasonable period of time. Property and Equipment Disposals: Observation: During our testing of property and equipment, we noted the City does not currently have a formal policy relating to disposal of assets. No supporting documentation was retained for disposals in 1991. Recommendation: Although disposals of assets have not been significant in recent years, we recommend consideration be given to developing and adopting a formal policy relating to disposals of property and equipment. Such a policy should include approval procedures and retention of supporting documentation to ensure all assets are properly removed from the fixed asset records. 3 STATUS OF PRIOR -YEAR RECOMMENDATIONS We are pleased to announce that the recommendations discussed in our Commentary Report to the City Council for the year ended December 31, 1990 have been either fully implemented or resolved satisfactorily. 4 HOLMES & GRAVEN CHARTERED Attorneys at Law JOHN M. LEFEYRE. JR. 470 Pillsbury Center, Minneapolis, Minnesota 55402 ROBERT J. LINDALL )BERT A. ALSOP (612) 337 -9300 LAURA K. MOLLET NALD H. BATTY BARBARA L. PORTWOOD TEPHF.N J. BUBUL Facsimile (612) 337 -9310 JAMES M. STROMMEN JOHN B. DEAN JAMES J. THOMSON, JR. MARY G. DOBBINS LARRY M. WERTHEIM STEFANIE N. GALEY BONNIE L. WILKINS CORRINE A. HEINE GARY P. WINTER JAMES S. HOLMES WRITER'S DIRECT DIAL DAVID J. KENNEDY DAVID L. GRAVEN (1929 -1991) JOHN R. LARSON 337-9232 OF COUNSEL WELLINGTON H. LAW ROBERT C. CARLSON CHARLES L. LEFEVERE - ROBERT L. DAVIDSON June 11, 1992 Mr. Paul Holmlund Finance Officer City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Paul: I have reviewed the portion of the city accountant's management letter dealing with bond issuances. The observation stated in the letter is incorrect. The two weekly publication requirement mentioned in Minn. Stat. Section 475.58, subd. 2, applies only to bonds issued under that subdivision which authorizes extremely debt - ridden municipalities to fund virtually any kind of debt, including debt for current expenses, subject to a reverse referendum. The two publications are designed to alert citizens who might wish to petition for the referendum. Brooklyn Center has never, to our knowledge, issued under that subdivision, and I assume that it never will. The city's refunding bonds have been issued under Section 475.67, and no publication, other than a notice of bond sale if competitive bids are solicited, need be made. The publication referred to in the accountant's observation is viously this latter publication. ours truly, Davi Ken DJK:jes cc: Charlie LeFevere DJK36428 BR291 -11 Deloifte & Touche 900 Pillsbury Center Telephone: (612) 333 -2301 Minneapolis, Minnesota 55402 -1483 Facsimile: (612) 375 -5418 June 15, 1992 Mr. Paul W. Holmlund Director of Finance City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mr. Holnilund. One of the items that we did not have enough time to review with the City Council last Monday night was note 16 pa e 49 of the financial statements. Specifically ( g ) P Y the activities we moved out of the special revenue fund type to capital projects funds or internal service funds. There is a lot of concern that the State legislature may determine which Cities have excessive fund balances based upon the methodology applied to school districts. If the "school district" method was to be applied to Brooklyn Center than all of the fund balances in the special revenue fund types would be combined with the general fund balance to determine if a city had an excessive level of 'operating" fund balances (and then a reduction in State Aid may apply). The Economic Development Authority (EDA) had a fund balance of $1,989,915 at December 31, 1991, the Public Employees Retirement Fund had a balance of $764,319 which under the school district methodology could have been combined with the General Fund balance of $5,108,575 to determine that Brooklyn Center has a total "operating fund" balances of $7,862,809. The City's management and Deloitte & Touche reviewed the purpose of a majority of the expenditures of the EDA and the Public Employees Retirement Fund. It was determined that the principal purpose of the EDA was redevelopment and housing projects. The "Governmental GAAP Accounting Guide - 1992" state that "The acquisition or construction of capital projects, other than those financed by Enterprise Funds, Internal Service Funds, or Trust Funds, may be accou. ^.`,ed for in - Cap. F ` Usuall •..,l nr.oi t F d _ r, vj. ....y ujJi.ui ♦ ..jv�:. uiu i:, uJVu �V il. �.viiitt l.Jr major capital expenditures such as the construction of a civic centers, libraries, and general administrative service buildings ". Since the EDA has principally used its funding for capital projects we concur with the City of Brooklyn Center's decision to reclassify the EDA as a Capital Projects Fund. The use of the fund balance in the Public Employees Retirement Fund is restricted to health insurance benefits of employees who retire before age 65. Substantially all of the City's full time employees may become eligible for such benefits from the time they qualify for an unreduced PERA pension until they reach age 65 and become eligible for Medicare. Leaving this fund as a Special Revenue Fund where the fund balance could be "counted" as available for general operating purposes of the City would not be a sound financial management policy. Management's decision to strengthen the disclosure of the restricted nature of this fund by moving it to an internal service fund appears to be prudent. If the State should decide to consider including Internal Service Fund balances with "operating funds" I believe a case could be made to call Brooklyn Center's Public Employees Retirement Fund a Trust Fund. Member �+W%-W .:: International Mr. Paul W. Holmlund June 15, 1992 Page 2 In summary, I believe the City of Brooklyn Center's fund reclassification as disclosed in note 16 of the finanical statements were changes to a more preferable basis of presentation. If you have any questions regarding this matter, please do not hesitate to call me at 375 -5511. Sincerely, J Clif Hoffman / Partner CH /vg SUMMARY OF MARQUETTE BANK BROOKDALE SERVICE CHARGE ANALYSIS The following table shows the additional net cost that the City would have incurred in the first six months of 1992 if it had chosen to select an interest bearing account rather than a no service charge account. The figures are extracted from the monthly service charge analysis attached. Column one shows the total service charges that the City would have paid with an interest paying account. Column two shows the interest that would have been earned with an interest bearing account. Column three shows the net additional cost to the City if an interst bearing account had been selected (Column 1 less Column 2). 1 2 3 Total Net Service Interest Cost to Charges Earnings City -- - - - - -- -- - - - - -- - - - - -- December 1991 $1,167.37 $604.52 $562.85 January 1992 1,146.84 527.91 618.93 February 1992 655.10 690.83 (35.73) March 1992 861.82 582.60 279.22 April 1992 902.68 621.75 280.93 May 1992 1,002.41 473.17 529.24 Total Cost for Six Months $2,235.44 Marquette Bank Brookdale- ,..,: 5620 Brooklyn Boulevard Brooklyn Center, MN 55429 -3084 (612) 561 -2530 Service Charge Analysis Date Account # Maintenance Fee = $ 9.00 Checks drawn on account &.9b @ .15 each = $ ��'� -9D Deposits made IS3 @ .40 each = $ Charge -backs o? 6 @ 5.00 each = $ Job Oo Misc. costs (coin orders & deposit corrections) = $ Cost of items deposited !w @ .07 local items = S<5�/•')� @ .11 foreign = $ Interest on use of Uncollected Funds > 26,4153 @ 13.50% = $ Average Balance $ Earning Allowance at 4% of 1 (Credit) = $ 6 Average Collected Balance Service Charge Total = SLoa.� Marquette Bank Brookdale,_,,,.F. 5620 Brooklyn Boulevard Brooklyn Center, MN 55429 -3084 (612) 561 -2530 Service Charge Analysis Date 1 Account # 101-001( Maintenance Fee = $ 9.00 Checks drawn on account 5 @ .15 each = $ '3L b U Deposits made ; y b @ .40 each = $ 'Z200 Charge -backs A- @ 5.00 each = $ 661 Misc. costs (coin orders & deposit corrections) = $ ,2 - o y Cost of items deposited @ .07 local items = $153- t 2 @ .11 foreign = $ Interest on use of Uncollected Funds 3�, -74 t, @ 13.50% = 411 Average Balance $ Earning Allowance at 4% of k2_5.. 6 i y (Credit) = $ 5a? 7 9 Average Collected Balance Service Charge Total = $ 6 /Y. 9, 3 ® Marquette Bank Brookdale . 5620 Brooklyn Boulevard ou evard Brooklyn Center, MN 55429 -3084 (612) 561 -2530 SERVICE CHARGE ANALYSIS Account # Date 9.00 Maintenance Fee = Checks drawn on Account @ .15 each — Deposits made @ .40 each Charge -backs jO @ 5.00 each = ,5 — C. 6)0 Misc. Costs (Coin orders, & deposit corrections) jam, /0 Cost of items deposited @ .07 local items = 3 �;'O @ .11 foreign = Interest on use of Uncollected Funds @13.5% _ Average Balance Earnings Allowance ;DV, �S 3 (credit) = Lc90 .1 3 at 4% of Average Collected Balance Service Charge Total ® Marquette Bank Brookdale .. 5620 Brooklyn Boulevard Brooklyn Center, MN 55429 -3084 (612) 561 -2530 SERVICE CHARGE ANALYSIS C� Account # /0j- D)IG= Date 9.00 Maintenance Fee = Checks drawn on Account _�5 @ .15 each s Deposits made / @ .40 each Charge -backs @ 5.00 each = _6 Misc. Costs (Coin orders, & deposit corrections) C, ./ 0 Cost of items deposited , 4/(,.5 @ .07 local items = ,59 'q._�55 @ .11 foreign = Interest on use of Uncollected Funds @13.5% ��- Average Balance Earnings Allowance /W 95 (credit) at 4% of Average Collected Balance Service Charge Total ® Marquette Bank ®® Brookdale . 5620 Brooklyn Boulevard Brooklyn Center, MN 55429 -3084 (612) 561 -2530 SERVICE CHARGE ANALYSIS 6� x 6'1n Account# Date —30 - yZ 9.00 Maintenance Fee = Checks drawn on Account @ .15 each Deposits made @ .40 each = ' Charge -backs / @ 5.00 each = 95-60 Misc. Costs (Coin orders, & deposit corrections) (� D Cost of items deposited '��'S� @ .07 local items @ .11 foreign = Interest on use of Uncollected Funds @13.5% _ Average Balance Earnings Allowance /��. s �? 7 (credit) at 4% of Average Collected Balance Service Charge Total = 02 �,, AA ® Marquette Bank Brookdale� 5620 Brooklyn Boulevard Brooklyn Center, MN 55429 -3084 (612) 561 -2530 SERVICE CHARGE ANALYSIS Account # Date Maintenance Fee 9.00 Checks drawn on Account @ .15 each Deposits made /� (� @ .40 each = 4-lQ Charge-backs O @ 5.00 each Misc. Costs (Coin orders, & deposit corrections) Cost of items deposited _ c _ @ .07 local items @ .11 foreign = Interest on use of Uncollected Funds @13.5% Average Balance Earnings Allowance /� /, c5 (credit) at 4% of Average Collected Balance Service Charge Total = CITY OF BROOKLYN CENTER Council Meeting Date July 13, 1992 Agenda Item Numbcr 0 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: DISCUSSION OF COUNCIL SALARIES DEPT. APPR : erald 6. ter, City Manager MANAGER'S RE W/RECOMIVIENDATION: No comments to supplement this report Comments below /attached SUM MLARY EXPLANATION: (supplemental sheets attached ) II '' • At the City Council meeting of June 22, 1992, the following motion was passed unanimously: "There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar to place discussion of Council salaries on the July 13, 1992, agenda to consider revoking upcoming January 1, 1993, increases." As per Council request, the staff has prepared draft ordinance amendments which address reconsideration of the salary and per diem issue. Attached please find three draft resolutions: Draft A is an ordinance amendment which leaves blank the amount of monthly salary for Mayor and Council to be affective on January 1, 1993; Draft B is an amendment which will rescind the adopted salary increases scheduled to take affect on January 1, 1993, and provides for continuance of the current salaries for Mayor and Council; Draft C is an amendment which rescinds the per diem compensation ordinance scheduled to become affective January 1, 1993. RECOMMENDED CITY COUNCIL ACTION Discuss the draft ordinance amendments and the Financial Task Force recommendation and modify /reject /adopt ordinance amendments as per Council wishes. BRA F ^ F 4 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1992, at p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending Ordinance No. 91 -16 Regarding Council Salaries. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 91 -16 REGARDING COUNCIL SALARIES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. City of Brooklyn Center Ordinance No. 91- 16, which amended the amount of the monthly salaries to be paid to the mayor and council members to become effective January 1, 1993 is hereby amended. Section 2. Effective January 1, 1993, and thereafter until legally amended, the monthly salary for Council members shall be $ and the monthly salary for Mayor shall be Section 3. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of , 1992. Todd Paulson, Mayor ATTEST: Deputy Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1992, at p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Rescinding Ordinance No. 91 -16 Regarding Council Salaries. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE RESCINDING ORDINANCE NO. 91 -16 REGARDING COUNCIL SALARIES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. City of Brooklyn Center Ordinance No. 91- 16, which amended the amount of the monthly salaries to be paid to the mayor and council members to become effective January 1, 1993, is hereby rescinded. The salaries to be paid will remain as set forth in City of Brooklyn Center Ordinance No. 77 -5. Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of , 1992. Todd Paulson, Mayor ATTEST: Deputy Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) PAA FT C CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1992, at p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Rescinding Ordinance No. 91 -14 Regarding Certain Compensation to be Paid to the Elected Officials of the City of Brooklyn Center. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE RESCINDING ORDINANCE NO. 91 -14 REGARDING CERTAIN COMPENSATION TO BE PAID TO THE ELECTED OFFICIALS OF THE CITY OF BROOKLYN CENTER THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. City of Brooklyn Center Ordinance No. 91- 14, which established additional compensation to be paid to the mayor or council members for certain activities on a per diem basis to become effective January 1, 1993, is hereby rescinded. Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of 1992. Todd Paulson, Mayor ATTEST: Deputy Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) CITY OF BROOKLYN CENTER Counc" Meeting Date _ Z / L/9 2 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION 0 ITEM DESCRIPTION: RESOLUTION AUTHORIZING THE CITY MANAGER TO WRITE -OFF UNCOLLECTIBLE CHECKS +*• r�ra► wr• �, rs* ��* �* ��rs�ss r�rs��r� trr�� *� *� *sratsar►sr��rsssrr ** *ter *ss�r����N DEPARTM NT APPROVAL: Director of Finance Signature - title MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Co merits below /attached__, SUMMARY EXPLANATION: * * * * * * # ** (supplemental sheets attached _) The attached resolution, if adopted by the City Council, will write -off uncollectible checks received by the City in 1991. The payors checking accounts have been closed or the checks have been presented for collection by the-bank the maximum times allowable. Attempts to locate the payors on closed accounts have been unsuccessful. All of the checks have been turned over to a collection • agency which is under contract to the City. The last time the City wrote off uncollectibe checks was July 22,1991. At that time, the City wrote -off the 1990 uncollectible checks in the amount of $3,689. The amount of uncollectible checks for the liquor stores for 1991 of $4,946 is 0.18% of total sales of $2,678,840. We believe that this is considerably below the industry average. STAFF RECOMMENDATION --------------- - - - -- Staff recommends the adoption of the attached resolution. SPECIFIC ACTION REQUIRED BY THE CITY COUNCIL -------------------------------------------- Adopt the attached resolution. (DDDRCC) f ; Member introduced the following resolution and moved its adoption: RESOLUTION NO: a RESOLUTION AUTHORIZING THE CITY MANAGER TO WRITE -OFF UNCOLLECTIBLE CHECKS ------------------------------------------------------------------------- WHEREAS, the City Manager has reported the following checks made payable to the City of Brooklyn Center are uncollectible because the payers checking accounts upon which they are drawn have been closed and that attempts to locate the payors have been unsuccessful: NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center to authorize the City Manager to write -off from the City records as uncollectible the following checks: CHECK REASON FOR CHECK PAYOR DATED RETURN AMOUNT --------------------- ------- - - - - -- -- - - - - -- ----------------- - - - - -- ---- - - - - -- MUNICIPAL LIQUOR STORES: ------------------------ Anderson, Mark N. 01/26/91 Non - Sufficient Funds 8.56 Bengston, Thomas B. 06/15/91 Forgery 25.00 Berthiaume, Terry L. 05/04/91 Account Closed 42.51 Blum, Larry 12/06/91 Account Closed 28.53 Boswell, Sylvia 07/16/91 Account Closed 20.68 Boswell, Sylvia 07/13/91 Account Closed 24.88 Bourasa, Mark E. 03/09/91 Non - Sufficient Funds 36.63 Brown, Kosygin 08/29/91 Non - Sufficient Funds 9.63 '- Brown, Lalisea 06/18/91 Account Closed 12.36 Brown, Lalisea V. 04/15/91 Account Closed 18.27 Burke, Steven D. 04/16/91 Non - Sufficient Funds 16.44 Bye, Debra /Glenn 06/07/91 Non - Sufficient Funds 5.41 Chivater, Tina D. 03/16/91 Non - Sufficient Funds 15.27 Cooper, Steven J. 03/11/91 Account Closed 7.79 Cooper, Steven J. 03/12/91 Account Closed 7.92 Dang, Coung H. 12/18/91 Payment Stop 35.59 Davis, Marie 09/21/91 Payment Stop 39.98 Diggins, Melody 06/15/91 Account Closed 34.68 Dixon, Valerie Regina 06/28/91 Account Closed 34.79 Dixon, Valerie Regina 06/25/91 Account Closed 17.00 Dixon, Valerie Regina 06/24/91 Account Closed 10.18 Ellis, Cynthia A. 01/11/91 Non - Sufficient Funds 12.56 Endralin, Kimberly /Hubbert, Ronald 12/06/91 Account Closed 15.24 Farnsworth, Kris 07/29/91 Account Closed 19.76 Felix, Ann M. 06/20/91 Non - Sufficient Funds 15.00 Fischer, Amy Sue 11/26/91 Non - Sufficient Funds 14.70 Friday, Craig A. 10/05/91 Account Closed 29.96 Gardner, Deltry M. 04/20/91 Account Closed 19.06 Garner, Colleen 07/13/91 Account Closed 14.80 Goods, Wiley 08/04/91 Non - Sufficient Funds 8.75 Graham, Timothy /Jacqueline 12/24/90 Non- Sufficient Funds 12.34 Gregory, David 06/26/91 Account Closed 19.57 Gregory, David 05/25/91 Account Closed 8.55 Guthrie, Presla 12/21/91 Payment Stop 23.18 Hayden, Nancy /McGruder, Cheryl 10/17/91 Account Closed 10.29 Hayden, Nancy /McGruder, Cheryl 10/15/91 Account Closed 12.73 Hicks, Latonya 12/06/91 Account Closed 36.92 Hicks, Latonya 12/06/91 Account Closed 29.71 Hodgson, David 10/10/91 Account Closed 11.70 Hodgson, David R. 10/05/91 Account Closed 16.98 Jefferson, Kenneth /Regina 09/26/91 Account Closed 21.29 Johnson, Anita & Roy 03/21/91 Non - Sufficient Funds 32.30 Lapsley, JoAnn 06/24/91 Account Closed 13.16 Lewis, Marlon J. 10/12/91 Non - Sufficient Funds 32.95 Lewis, Marlon J. 10/11/91 Non - Sufficient Funds 22.11 McCoy, Rebecca 09/21/91 Account Closed 7.57 Minikus, Jeff M. 06/08/91 Non - Sufficient Funds 21.88 Nelson, Marshall 04/30/91 Account Closed 7.44 Nelson, Susan 07/11/91 Non - Sufficient Funds 24.61 Obermeier, Wes A. 02/23/91 Account Closed 4.33 Oltman, Glenn /Mary 11/06/91 Account Closed 3.98 Orr, Rachel A. 10/12/91 Non- Sufficient Funds 133.88 Phillips, Reva 01/08/91 Non - Sufficient Funds 14.09 Poppoff, Helen E. 10/15/91 Payment Stop 55.30 Raasch, Holly Dunn 07/29/91 Non - Sufficient Funds 10.88 Reed, Frank L. 03/20/91 Non - Sufficient Funds 20.42 Robinson, Andre 06/27/91 Non - Sufficient Funds 7.21 Rocco, Pauline 07/13/91 Account Closed 10.00 Rocco, Pauline 07/13/91 Account Closed 40.62 Rocco, Pauline M. 07/09/91 Non - Sufficient Funds 24.39 Roy, Rayburn or Elaine 03/23/91 Forgery 57.79 Sanders Regina na 12/24/90 Non - Sufficient Funds 11.45 Scott, Katherine 06/28/91 Account Closed 27.96 Scott, Larry 07/26/91 Account Closed 10.55 Scott, Larry D. 07/13/91 Account Closed 25.06 Scott, Larry D. 07/13/91 Account Closed 20.47 Scott, Larry D. 07/11/91 Non - Sufficient Funds 20.84 Sjurseth, Donald 04/30/91 Forgery 33.08 Smith, Corey W. 02/16/91 Non - Sufficient Funds 18.17 Smith, Corey W. 02/16/91 Non - Sufficient Funds 9.88 Smith, Corey W. 02/21/91 Non- Sufficient Funds 6.63 Sodergren, Amy 12/29/90 Non - Sufficient Funds 4.55 Stewart, Shorlanda 11/04/91 Non - Sufficient Funds 21.56 Swain, Stanely 09/12/91 Account Closed 11.64 Swanson, Leonard 11/29/91 Account Closed 1.00 Turner Sr., Anthony 10/18/91 Non - Sufficient Funds 7.18 Turner Sr., Anthony 10/28/91 Non - Sufficient Funds 12.63 Turner Sr., Anthony 10/17/91 Non - Sufficient Funds 11.87 Turner Sr., Anthony 10/18/91 Non - Sufficient Funds 15.97 Wade, Andre 06/03/91 Account Closed 12.13 Williams, Gloria 07/11/91 Non - Sufficient Funds 14.05 Williams, Troy 06/13/91 Account Closed 14.89 Zdroik, Kurt S. 10/02/91 Forgery 41.08 TOTAL HUMBOLDT LIQUOR STORE: 1,702 74 Baker, Aaron G. 11/16/91 Non - sufficient Funds 31.85 Behr, Jennifer 08/14/91 Account Closed 25.92 Belgarde, James 03/18/91 Account Closed 4.00 Bellcourt, Valerie J. 10/28/91 Account Closed 15.24 Blair Sr., Todd E. 09/06/91 Account Closed 45.62 Bouchard, Nancy K. 09/23/91 Account Closed 16.05 Bouchard, Nancy K. 09/29/91 Account Closed 16.05 Briggs, Robert R. 01/11/91 Account Closed 10.43 Brodkorb, Gary L. 07/16/91 Account Closed 16.33 Carr, Tiffany 05/11/91 Account Closed 20.21 Coley, Michelle 06/29/91 Account Closed 33.36 Crothers, Debra 08/23/91 Non - Sufficient Funds 33.78 Crutch, Arthur L. 12/14/91 Account Closed 8.03 Dang, Coung H. 12/18/91 Payment Stop 20.34 Davis, Marie 09/21/91 Payment Stop 58.74 Davis, Nancy J. 02/01/91 Non - Sufficient Funds 21.59 Diggins, Melody 06/10/91 Account Closed 4.90 Diggins, Melody 06/11/91 Account Closed 31.24 Diggins, Melody 06/15/91 Account Closed 51.84 Dralin, Kimberly 11/30/91 Account Closed 27.08 Dralin, Kimberly 11/29/91 Account Closed 6.97 Elgin, Melissa R. 01/31/91 Non - Sufficient Funds 15.39 Farley, Antonio D. 01/14/91 Non - Sufficient Funds 7.97 Farr, Kimberly Ann /Clarence 06/05/91 Non - Sufficient Funds 56.50 Flowers, Lemae 06/25/91 Account Closed 53.35 Foss, Alex M. 03/16/91 Non - Sufficient Funds 8.56 Freeman, Linda 09/13/91 Account Closed 29.94 FULFX 03/29/91 Non - Sufficient Funds 15.02 Fundingland, Chris L. 03/09/91 Non - Sufficient Funds 1.00 Garner Jr., Odean 07/14/91 Account Closed 34.64 Gitchuway, Anthony 12/21/91 Payment Stop 41.92 Graybill, Pamela L. 04/27/91 Account Closed 9.25 Hawkins, Charles /Viola 08/29/91 Non - Sufficient Funds 14.51 Hawkins, Charles /Viola 08/28/91 Non - Sufficient Funds 14.51 Henry, Wayne 06/28/91 Account Closed 7.15 Henry, Wayne 06/25/91 Account Closed 17.53 Henry, Wayne 06/28/91 Account Closed 9.60 Hicks, Latonya 12/02/91 Account Closed 56.40 Hicks, Latonya 11/30/91 Account Closed 5.09 Hill, Prentiss 11/22/91 Non - Sufficient Funds 24.71 Hirdman, Rebecca 01/31/91 Forgery 63.55 Hollingsworth, Bruce 07/24/91 Account Closed 20.14 Hollingsworth, Bruce 07/25/91 Account Closed 22.65 Hopkins, Steve 12/09/91 Non - Sufficient Funds 10.33 Hopkins, Steve 12/09/91 Account Closed 13.06 Huizenga, Donald /Dawn 06/14/91 Non - Sufficient Funds 7.15 Huston, Troy A. 02/02/91 Non - Sufficient Funds 25.89 Jellum, Wayne N. 06/17/91 Non - Sufficient Funds 9.76 Johnson, Joy M. 06/15/91 Non - Sufficient Funds 31.10 Johnson, Thomas /Cynthia 10/12/91 Forgery 38.01 Jones, Joan M. 08/29/91 Non - Sufficient Funds 3.98 Jones, Joan M. 09/12/91 Non - Sufficient Funds 7.62 Kirtdoll, Marvin 08/30/91 Account Closed 30.50 Kirtdoll, Marvin 09/01/91 Account Closed 17.32 Kirtdoll, Marvin 08/27/91 Non - Sufficient Funds 7.84 Knezovich, Ann M. 06/12/91 Non - Sufficient Funds 3.96 Lessman, Margaret Mary 01/19/91 Non - Sufficient Funds 35.38 Lofgren, Karen 11/13/91 Forgery 45.97 Lund, Sheila M. 12/12/91 Non - Sufficient Funds 21.65 Lyons, Katrina 11/26/91 Account Closed 40.94 Manning, Colleen 06/03/91 Non- Sufficient Funds 5.63 McCauley, Patrick D. 10/08/91 Payment Stop 29.73 Mills, Steven M. 03/27/91 Account Closed 45.53 Morris, Bridget M. 05/24/91 Non - Sufficient Funds 47.76 Nollet, Gina M. 09/19/91 Account Closed 37.20 Nyamari, Greta 11/14/91 Non- Sufficient Funds 104.97 Pasley, Robert E. 01/19/91 Account Closed 8.50 Pierson, Audrey M. 04/19/91 Account Closed 28.43 Randle, Bonita 05/11/91 Non - Sufficient Funds 17.76 Reynolds, Rasta Bonita 10/05/91 Account Closed 25.05 Richardson, Mitchel R. 02/21/91 Non - Sufficient Funds 14.30 Scott, Keith Allen 05/29/91 Account Closed 16.98 Scott, Keith Allen 05/20/91 Account Closed 10.46 Scott, Keith Allen 05/23/91 Account Closed 11.48 Seburg, Jodi L. 04/26/91 Account Closed 17.96 Stewart, Monica 09/13/91 Non - Sufficient Funds 9.68 Stewart, Monica 09/08/91 Non - Sufficient Funds 15.25 Stewart, Terry 11/16/91 Non - Sufficient Funds 21.11 Stewart, Terry 11/16/91 Non - Sufficient Funds 13.49 Stewart, Terry L. 11/20/91 Non - Sufficient Funds 21.81 Stewart, Terry L. 11/27/91 Non - Sufficient Funds 19.05 Stewart, Terry L. 11/26/91 Non - Sufficient Funds 26.67 Stewart, Terry L. 11/18/91 Non - Sufficient Funds 19.70 Stewart, Terry L. 11/22/91 Non -S Non-Sufficient Funds 22.53 Stewart, Terry L. 12/05/91 Non - Sufficient Funds 13.06 Thurick, Diane S. 07/26/91 Non - Sufficient Funds 24.24 Tolbert, Ibrahim L. 07/27/91 Account Closed 20.30 Totten, Jamison P. 11/08/91 Non - Sufficient Funds 27.99 Wallace Donald 0. 07/19/91 Account Closed 28,52 Watkins, Doretha 09/09/91 - Non Non-Sufficient i ient Funds 29.08 Wilkerson, Shauntel 09/07/91 Non - Sufficient Funds 21.12 Williams, Anthony 05/31/91 Payment Stop 20.69 Williams, Anthony 06/01/91 Payment Stop 13.77 Williams, Troy 07/02/91 Account Closed 14.42 Wood, Timothy 05/04/91 Non - Sufficient Funds 7.15 Woods, Carlton /Christine 03/02/91 Non - Sufficient Funds 6.93 Ydstie David G. 11/30/91 Account Closed 26.87 Ydstie, David G. 12/02/91 Account Closed 26.21 Zaccardi, Gail A. 08/30/91 Non - Sufficient Funds 9.79 TOTAL BOULEVARD LIQUOR STORE: 2,260.58 Anderson, Jeffrey /Judy 10/03/91 Non - Sufficient Funds 14.58 Bare, Tracy L. 03/13/91 Account Closed 15.17 Blain Sr., Todd E. 08/29/91 Account Closed 16.27 Boyle, Sean 10/28/91 Non - Sufficient Funds 15.25 Chesmer, N. Bruce 05/14/91 Non - Sufficient Funds 24.61 Collins, Vernadine 12/17/91 Non - Sufficient Funds 6.30 Connors, Cheryl Ann 03/14/91 Non - Sufficient Funds 34.25 Dixon, Lottie M. 12/23/91 Account Closed 86.96 Flowers, Lemae 06/25/91 Account Closed 33.94 Gould, Lawrence 06/08/91 Non - Sufficient Funds / 11.11 Haynes, Gloria 11/16/91 Account Closed 17.90 Jansson, Pamela A. 08/30/91 Account Closed 12.52 Kakish, Suheir A. 11/27/91 Account Closed 11.97 Kautz, Kelly R. 11/02/91 Payment Stop 83.25 Lekander, Beck Jo Y 08/26/91 Forgery 46.15 McNeal, Cecil L. 03/26/91 Account Closed 17.98 Moriarty, Julie A. 12/05/91 Account Cloned 42,99 Moriarty, Julie A. 12/04/91 Account Closed 28.01 Muetzel, Raymond /Eileen 03/04/91 Forgery 29.35 Nick, Randall /Kelly 10/18/91 Forgery 63.38 Rajotte, Kristin 07/25/91 Account Closed 4.35 Rohlik, David 02/18/91 Non - Sufficient Funds 30.34 Rol, Timothy /Kelly 12/09/91 Non - Sufficient Funds 6.31 Seward, Dave M. 12/24/90 Non - Sufficient Funds 19.71 Sjoberg, Todd E. 02/19/91 Non - Sufficient Funds 7.58 Stoesz, Lori Lee 04/03/91 Account Closed 6.32 Uhlenkott, Michael /Tamera 04/22/91 Account Closed 16.44 Weber, David /Valerie 07/20/91 Non - Sufficient Funds 8.13 Wentland, Ed 05/17/91 Forgery 43.63 Wentland, Ed 05/11/91 Forgery 30.36 Williams, Nancy 08/30/91 Account Closed 19.23 Williams, Troy 06/11/91 Account Closed 15.18 Ydstie, David G. 12/07/91 Account Closed 51.11 Ydstie, David G. 12/07/91 Account Closed 39.79 Ydstie, David G. 12/04/91 Account Closed 41.55 zdroik, Kurt S. 10/02/91 Forgery 30.50 TOTAL NORTHBROOK LIQUOR STORE: 982.47 MUNICIPAL LIQUOR STORES' TOTAL 4,945.79 GENERAL FUND: ------ - - - - - -- Graham, Timothy /Jacqueline 01/17/91 Non- Sufficient Funds 63.00 Koerner, Fred /Bonnie 05/28/91 Non - Sufficient Funds 28.00 Pendzimas, Rona /William 04/08/91 Non - Sufficient Funds 24.50 Riser, Gilbert Lee 10/23/91 Non - Sufficient Funds 8.25 GENERAL FUND TOTALS: 123.75 GOLF COURSE FUND: -------- -- - -- Dahmen , Thomas G. 05/11/91 Forgery 8.50 Huizenga, Donald /Dawn 06/16/91 Non - Sufficient Funds 17.00 Kollasch, John R. 08/19/91 Non- Sufficient Funds 22.50 GOLF COURSE FUND TOTALS: 48.00 TOTAL ALL FUNDS: 5,117.54 Date Todd Paulson, Mayor ATTEST: Clerk The motion for adoption of the foregoing resolution was duly econded b Y Y member , and upon vote being taken, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Coundi Meeting Date 7 /3 Z Ada nem Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACKNOWLEDGING GIFT FROM THE ROTARY CLUB OF BROOKLYN CENTER ........................................ ................- .�..y,....+... ....�.,- t.....� DEPARTM NT APP ROV `: I Director of Finance �_. Signature - title MANAGER'S REVIEW /RECOMMENDATION: x No comments to supplement this report Commends below /attached SUMMARY EXPLANATION: (supplemental sheets attached _) The City recently received a check from the Rotary Club of Brooklyn Center for $800. The Club asked that its gift be used for the "Entertainment In The Parks" recreation program in the amount of $300 and for planting floweres in Central Park in the amount of $500. The attached resolution would acknowledge the gift with appreciation and designate its use. STAFF RECOMMENDATION Staff recommends the adoption of the attached resolution. SPECIFIC ACTION REQUIRED BY THE CITY COUNCIL -------------------------------------------- Adopt the attached resolution. (DDDRCC) • Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION ACKNOWLEDGING GIFT FROM THE ROTARY CLUB OF BROOKLYN CENTER --------------------------------------- WHEREAS, THE ROTARY CLUB OF BROOKLYN CENTER has presented the City a gift of eight hundred dollars ($800) and has designated that it be used for the "Entertainment in the Parks" recreation program and flowers in Central Park; and WHEREAS, the City Council is appreciative of the gift and commends the Rotary Club of Brooklyn Center for its civic efforts: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to acknowledge the gift with gratitude; and follows: BE IT FURTHER RESOLVED that the gift of $800 be appropriated as Recreation Programs, Entertainment in the Parks $300 Parks Maintenance, Landscape Materials & Supplies $500 a e, 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. CITY OF BROOKLYN CENTER council Meeting Date July I3.199? Agenda Item Number //C� REQUEST FOR COUNCIL CONSIDERATION i ITEM DESCRIPTION: RESOLUTION AMENDING THE 1992 GENERAL FUND BUDGET AND APPROVING PURCHASE OF EQUIPMENT AND AUTHORIZING TRANSFER OF FUNDS FROM DRUG FORFEITURE MONIES DEPT. APPROVAL James Lin ay, Chief of Police MANAGER'S REVIEW /RECOMMENDA N: 154MV, , X .f A No comments to supplement this report Comments below /attached SUNLVIARY EXPLANATION: (supplemental sheets attached yes ) The police department has over $6,000 in forfeiture monies currently available. The police department's forfeiture committee has met and considered requests. The committee also prioritized the requests for purchase as funds are available. At this time there is sufficient forfeiture monies available to request the purchase of all three items requested. The first item is replacement batteries for the portable radios carried by all officers. The batteries must be recharged often and are now of an age where a number are experiencing problems. The proposed purchase of batteries would allow each officer a new battery plus a supply of extra batteries for emergency failure problems. These batteries have a price of just under $50 each and the total for this request, including sales tax, is $1,036. The second item requested are new chairs for the dispatchers. There are two chairs in the dispatch center, one located at each radio console. The chairs currently in dispatch are a few years old and are breaking down at a quick rate. The department has had the best experience in the past with chairs similar to those used by air traffic controllers at airports. The chairs recommended for purchase are those now being used by air traffic controllers. Normal retail price for these chairs is over $900 each, but we obtained a government pricing on these items. For two chairs with sales tax and freight costs, this request is $1,272. The third item requested is a storage center for the squad room area. All officers use a variety of forms q g q Y from radar logs to activity logs to report forms on a daily basis. At the present these forms are stored in scattered locations, including counter tops in the squad room. The storage center is a cabinet with thirty pull -out trays with an edge for labeling each tray. The cost of this item with tax is $360. • The grand total for the previous listed items would be $2,668. RECOMMENDED CITY COUNCIL ACTION The City Council consider and approve the request by adopting the resolution approving purchase of equipment and authorizing the transfer of funds from drug forfeiture monies. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1992 GENERAL FUND BUDGET AND APPROVING THE PURCHASE OF EQUIPMENT AND AUTHORIZING THE TRANSFER OF FUNDS FROM DRUG FORFEITURE MONIES WHEREAS, Section 7.08 of the City Charter does provide for the increase of a budget appropriation by the City Council if the actual receipts exceed the estimates, but not to exceed the actual receipts; and WHEREAS, the actual receipts for the drug forfeiture account #3897 do exceed the estimates by $2,668; and WHEREAS, 1988 Laws of Minnesota C.665 provides for seizure and forfeiture of property used in commission of crime and proceeds of crime and contraband; and WHEREAS, said laws require that said property kept under said laws may be used only in the performance of official duties of the appropriate agency and may not be used for any other purpose; and WHEREAS, 70% of the sale of property may be used by the Brooklyn Center Police Department as a supplement to its operating fund for use in law enforcement; and WHEREAS, the City Council, by the adoption of Resolution No. 88 -195 on November 21, 1988; did authorize the Director of Finance to appropriate said proceeds to the Police Department Budget as they are received to the extent that said proceeds exceed five thousand dollars in any calendar year and then said excess will be reported to the City Council for its appropriation; and WHEREAS, the City Manager and the Chief of Police have recommended the purchase of 20 replacement batteries for portable radios, 2 chairs for dispatchers, and 1 storage center; and have further recommended that these costs be appropriated from the balance of the drug forfeiture money. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to authorize the purchase of equipment at a total cost of $2,668; and BE IT FURTHER RESOLVED to authorize an appropriation of $2,668 from forfeited property proceeds for these purchases and costs; and BE IT FURTHER RESOLVED to amend the 1992 General Fund Budget as follows: RESOLUTION NO. Increase the Estimated Revenues from Forfeited Drug Money (3479) by $2,668. Increase Department 31, Police Protection, 4220 Operating Supplies by $1,036. Increase Department 31, Police Protection, 4552 Other Equipment by $1,632. 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. CITY OF BROOKLYN CENTER Council Meeting Date 7/13/92 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Resolution Amending Resolution Nos. 91 -115 and 92 -99 Transforming the Brooklyn Center Ad Hoc City Financial Task Force Into a City Advisory Commission DEPT. APPROVAL: Geralyn R. Barone, Personnel Coordinator MANAGER'S REVIEW/RECONMMNDATION: <.{ No comments to supplement this report Comments below /attached SUNEVLARY EXPLANATION: (supplemental sheets attached ) At the city council's request, the attached resolution would transform the ad hoc financial task force into a regular ongoing advisory commission. The first resolution is the official action to be taken by the council (indicates deletions and additions), while the second resolution incorporates these changes into the final document. The amendments reflect the standard language used for the other advisory commissions' resolutions. RECOMMENDED CITY COUNCIL ACTION Pass A Resolution Amending Resolution Nos. 91- 115 and 92 -99 Transforming the Brooklyn Center Ad Hoc Financial Task Force Into a City Advisory Commission. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING RESOLUTION NOS. 91 -115 AND 92 -99 TRANSFORMING THE BROOKLYN CENTER AD HOC CITY FINANCIAL TASK FORCE INTO A CITY ADVISORY COMMISSION WHEREAS, Resolution Nos. 91 -115 and 92 -99 define the duties, responsibilities, and term of the Brooklyn Center ad hoc City Financial Task Force; and WHEREAS, due to the ongoing need to formulate priorities and responses to continuing limited fiscal resources, the City Council wishes to transform the Task Force to an advisory commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Resolution Nos. 91 -115 and 92 -99 are hereby amended as follows (underlined material to be added, bracketed material to be deleted): RESOLUTION ESTABLISHING A BROOKLYN CENTER [AD HOC CITY] FINANCIAL [TASK FORCE] COMMISSION AND DEFINING DUTIES AND RESPONSIBILITIES WHEREAS the Brooklyn Center City Council has authorized Y Y [ the creation] established by Resolution Nos. 91 -115 and 92 -99 of an ad hoc task force for the express purpose of reviewing the fiscal impacts of State of Minnesota budgetary problems on Brooklyn Center and assisting the City Council in formulating priorities and responses to a limited fiscal resource situation[.] and WHEREAS, on June 22 1992 the ad hoc City Financial Task Force presented to the City Council a report entitled "General Fund Budget Prioritization Process" which was accepted by the City Council; and WHEREAS, there is an ongoing need to formulate priorities and responses to continuing limited fiscal resources NOW, THEREFORE, BE IT RESOLVED by the Brooklyn Center City Council that there is hereby established within the City of Brooklyn Center an advisory [ad hoc City] Financial [Task Force] Commission as follows: Subdivision 1. TITLE: This organization shall be known as the Brooklyn Center [ad hoc City] Financial [Task Force] Commission Subdivision 2. SCOPE: The scope of activity of this [Task Force] Commission shall consist of advising the City Council regarding matters relevant to the City's financial status. RESOLUTION NO. Subdivision 3. PURPOSE: The general purpose of this [Task Force] Commission shall be to evaluate the cost effectiveness of City services, programs and functions in response to higher costs of service delivery, mandates, and a trend of decreasing intergovernmental revenues to cities. Subdivision 4. DUTIES AND RESPONSIBILITIES: In fulfillment of its purpose, the duties and responsibilities of the [Task Force] Commission shall be to: (1) Make recommendations to improve cost effectiveness of City services, programs, and functions. (2) Make recommendations on priorities for reducing or eliminating services should it become necessary. (3) Make recommendations on modifications, additions, and /or deletions to short and long term City revenue sources. Subdivision 5. COMPOSITION: The [Task Force] Commission shall be composed of a chairperson and six 6 members P p ( ) , 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 [appointed by the Mayor with majority consent of the City Council.] elected by majority vote of the Financial Commission membership. The election shall be conducted at the Financial Commission's first regular meeting of the calendar year, or in the case of a vacancy, within two regularly scheduled Financial Commission meetings from the time a vacancy of the chair occurs. The Chairperson may be removed by [the Mayor with] majority vote [consent] of the [Council] Financial Commission membership The Chairperson shall assure fulfillment of the following responsibilities in addition to those otherwise described herein: 1. Preside over meetings of the [Task Force] Commission 2. Appear or appoint a representative to appear, as necessary, before the City Council to present the viewpoint of the [Task Force] Commission in RESOLUTION NO. matters relevant to the City's financial status as it relates to business under consideration by the City Council; 3. Review all official minutes of the City Council and other advisory commissions for the purpose of informing the [City] Financial [Task Force] Commission of matters relevant to city finances. Vice Chairperson A Vice Chairperson shall be appointed [by the Mayor with majority consent of the city Council from the members of the Task Force] 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 [Task Force] Commission shall be appointed by the Mayor with majority consent of the Council. The terms of office shall be [for the life of the Task Force as set forth in Subdivision 11] staggered three -year terms, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his or her Predecessor was appointed shall be appointed only for the remainder of such term. Upon expiration of his or her term of office a member shall continue to serve until his or her 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 [member] Commissioner suffers from an extended illness, disability, or other activity preventing proper fulfillment of duties, responsibilities, rules and regulations of the [Task Force] Commission the [member] Commissioner may be temporarily replaced during the temporary leave by an interim [member] Commissioner appointed by the Mayor with majority consent of the City Council. Qualifications for Membership Members of the [Task Force] Commission shall be residents of the City of Brooklyn Center while serving on the [Task Force] Commission shall have been residents of said City for at least one year prior to their appointment, and shall represent an interest in the financial operations of the city. Representation Requirements Due regard shall be given by the Mayor and City Council in appointing [Task Force] RESOLUTION NO. Commission members [with] which will take into consideration geographical distribution within the City as described in Subdivision 11 and the representative nature of the [Task Force] Commission in terms of [sex] gender religion, ethnic, racial, age, handicapped, employment and employer groups. Conflict of Interest [Members] Commissioners shall comply with provisions of the City of Brooklyn Center's business ethics policy. Resignations — Removal from Office — Vacancies [Members] Commissioners may resign voluntarily or may be removed from office by the Mayor with consent by majority vote of the City Council. Three consecutive absences from duly called [Task Force] Commission meetings or absences from a majority of duly called [Task Force] Commission meetings within one calendar year shall constitute automatic resignation from office. The City [Manager] staff liaison shall inform the Mayor and City Council of such automatic resignations. Vacancies in the [Task Force] 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 Financial 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 Financial 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 [Members] Commissioners shall serve without compensation. Subdivision 7. RULES AND PROCEDURES: The [Task Force] Commission shall adopt such rules and procedures not inconsistent with these provisions as may be necessary for the proper execution and conduct of business. RESOLUTION NO. Subdivision 8. MEETINGS: The initial meeting of the [Task Force] 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 [Task Force] 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 [Task Force] Commission [The City Manager, or his designee,] The staff member assigned shall perform such clerical and research duties on behalf of the [Task Force] Commission as may be assigned by the Chairperson or the City Manager Subdivision 10. EX OFFICIO MEMBERS: [Councilmember Pedlar] The Mayor or his or her City Council designee, shall serve as an ex officio member of the [Task Force] Commission privileged to speak on any matter but without a vote, and shall provide a liaison between the [Task Force] Commission and the City Council. Subdivision 11. [TASK FORCE TERM: The provision of this resolution shall expire after the final presentation and recommendations have been made to the City Council.] 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 Neighborhood: 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. RESOLUTION NO. 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. 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. 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. RESOLUTION NO. 91 -115 RESOLUTION NO. 92 -99 RESOLUTION NO. 92- RESOLUTION ESTABLISHING A BROOKLYN CENTER FINANCIAL COMMISSION AND DEFINING DUTIES AND RESPONSIBILITIES WHEREAS, the Brooklyn Center City Council established by Resolution Nos. 91 -115 and 92 -99 an ad hoc task force for the express purpose of reviewing the fiscal impacts of State of Minnesota budgetary problems on Brooklyn Center and assisting the City Council in formulating priorities and responses to a limited fiscal resource situation; and WHEREAS, on June 22, 1992, the ad hoc City Financial Task Force presented to the City Council a report entitled "General Fund Budget Prioritization Process" which was accepted by the City Council; and WHEREAS, there is an ongoing need to formulate priorities and responses to continuing limited fiscal resources. NOW, THEREFORE, BE IT RESOLVED by the Brooklyn Center City Council that there is hereby established within the City of Brooklyn Center an advisory Financial Commission as follows: Subdivision 1. TITLE: This organization shall be known as the Brooklyn Center Financial Commission. Subdivision 2. SCOPE: The scope of activity of this Commission shall consist of advising the City Council regarding matters relevant to the City's financial status. Subdivision 3. PURPOSE: The general purpose of this Commission shall be to evaluate the cost effectiveness of City services, programs and functions in response to higher costs of service delivery, mandates, and a trend of decreasing intergovernmental revenues to cities. Subdivision 4. DUTIES AND RESPONSIBILITIES: In fulfillment of its purpose, the duties and responsibilities of the Commission shall be to: (1) Make recommendations to improve cost effectiveness of City services, programs, and functions. (2) Make recommendations on priorities for reducing or eliminating services should it become necessary. (3) Make recommendations on modifications, additions, and /or deletions to short and long term City revenue sources. Subdivision 5. COMPOSITION: The Commission shall be composed of a chairperson and six (6) 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 Financial Commission membership. The election shall be conducted at the Financial Commission's first regular meeting of the calendar year, or in the case of a vacancy, within two regularly scheduled Financial Commission meetings from the time a vacancy of the chair occurs. The Chairperson may be removed by majority vote of the Financial Commission membership. The Chairperson shall assure fulfillment of the following responsibilities in addition to those otherwise described herein: 1. Preside over meetings of the Commission; 2. Appear or appoint a representative to appear, as necessary, before the City Council to present the viewpoint of the Commission in matters relevant to the City's financial status as it relates to business under consideration by the City Council; 3. Review all official minutes of the City Council and other advisory commissions for the purpose of informing the Financial Commission of matters relevant to city finances. 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 staggered three -year terms, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his or her predecessor was appointed shall be appointed only for the remainder of such term. Upon expiration of his or her term of office, a member shall continue to serve until his or her 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 regulations of the Commission, the Commissioner -2- may be temporarily replaced during the temporary leave by an interim Commissioner appointed by the Mayor with majority consent of the City Council. 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 an interest in the financial operations of the city. 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, employment and employer groups. Conflict of Interest Commissioners shall comply with provisions of the City of Brooklyn Center's business ethics policy. 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 absences from duly called Commission meetings or absences from a majority of duly called Commission meetings within one - calendar year shall 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 Financial 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 Financial 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. Subdivision 7. RULES AND PROCEDURES: The Commission shall adopt such rules and procedures not inconsistent with these provisions as may be necessary for the proper execution and conduct of business. -3- Subdivision 8. MEETINGS: The initial meetin g 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 or her City Council designee, 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 Neighborhood: 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. 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. -4- CITY OF BROOKLYN CENTER Council Meeting Date 07/13/92 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR SIDEWALK REPLACEMENT AT VARIOUS LOCATIONS, IMPROVEMENT PROJECT NO. 1992 -13, AND TRAIL REPLACEMENT AT HUMBOLDT SQUARE, IMPROVEMENT PROJECT NO. 1991 -16, CONTRACT 1992 -I DEPT. APPROVAL: S� 4 -.- Knapp, irector of Public Works MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached At its regular meeting of May 26, 1992, the City Council adopted Resolution No. 92 -109, which approved plans and specifications and authorized advertisement for bids for Contract 1992 -I. This contract is comprised of Improvement Project No. 1991 -16, Trail Replacement at Humboldt Square (established by Res. No. 91 -247, 10/21/91), and Improvement Project No. 1992 -13, Sidewalk Replacement at Various Locations (established by Res. No. 92 -109, 05/26/92). For the purposes of administration and bidding, these two improvements were combined into Contract 1992 -I. Bids for this contract were received and opened on July 8th, 1992. The bids submitted were as follows: Bidder Bid A mount Halvorson Concrete Inc. $45,695.45 Sunram Landscaping $56,529.00 Thomas & Sons Construction $58,019.75 Landmark Concrete Inc. $61,628.75 Gunderson Bros. Cement $63,878.45 Ryan Contracting Inc. $68,924.00 Of the 6 bids received, the low bid of $45,695.45 was submitted by Halvorson Concrete Inc., of Anoka, Minnesota. While Halvorson Concrete hasn't previously been awarded any contracts by Brooklyn Center, a check of their references indicates that have performed well for the cities of Coon Rapids, Roseville and Fridley. Accordingly, staff recommends award of the contract to Halvorson Concrete Inc. • Note: The estimated construction cost of the improvements in this contract were previously reported to the Council as $21,210 for 1991 -16, Trail Replacement at Humboldt Square, and as $17,950 for 1992 -13, Sidewalk Replacement at Various Locations, combined for a total estimated construction cost of $39,160. It is noted, however, that the estimate for the Trail Replacement at Humboldt Square, as reported in October of 1991, did not include costs for relocating a hydrant and light standards, and reconstruction of a concrete driveway apron which serves the existing gas station on the corner of 69th Ave. and Humboldt Ave. In addition, the amount of concrete sidewalk to be constructed was underestimated. An actual site survey performed this spring, prior to the development of plans and specifications for the project, indicated the need to include these additional items. The Engineer's Estimate for the contract, including provisions for the above items, was $57,910. The low bid of $45,695.45 compares favorably with the recent estimate. RECOMMENDED CITY COUNCIL ACTION A resolution accepting bid and awarding contract to Halvorson Concrete Inc. is attached for consideration. A/e Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR SIDEWALK REPLACEMENT AT VARIOUS LOCATIONS, IMPROVEMENT PROJECT NO. 1992 -13, AND TRAIL REPLACEMENT AT HUMBOLDT SQUARE, IMPROVEMENT PROJECT NO. 1991 -16, CONTRACT 1992 -I WHEREAS, pursuant to an advertisement for bids for Improvement Project No's. 1992 -13 and 1991 -16, Contract 1992 -I, bids were received, opened, and tabulated by the City Engineer on the 8th day of July, 1992. Said bids were as follows: Bidder Bid Amount Halvorson Concrete Inc. $45,695.45 Sunram Landscaping $56,529.00 Thomas & Sons Construction $58,019.75 Landmark Concrete Inc. $61,628.75 Gunderson Bros. Cement $63,878.45 Ryan Contracting Inc. $68,924.00 WHEREAS, it appears that Halvorson Concrete Inc. of Anoka, Minnesota, is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract, in the amount of $45,695.45, with Halvorson Concrete Inc., of Anoka, Minnesota in the name of the City of Brooklyn Center, for Contract 1992 -I according to the plans and specifications approved by the City Council and on file in the office of the Deputy City Clerk. 2. The Deputy City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. 3. The estimated cost of Improvement Project No. 1991 -16 is hereby amended according to the following schedule: RESOLUTION NO. As Established Per Low Bid Contract $21,210 $34,701.75 Contingency 3,180 1,735.09 Professional Services Trail Planning Service 3,700 3,551.50 Right -of -Way Services 1,200 1,200.00 Staff Engineering (8%) 1,950 2,914.95 Administration (1 %) 245 364.37 Legal (1 %) 245 364.37 Easement Acquisition 1,000 1,000.00 Total Est. Cost Improvement Project No. 1991 -16 $32,730 $45,832.03 4. The estimated cost of Improvement Project No. 1992 -13 is hereby amended according to the following schedule. As Established Per Low Bid Contract $17,950 $10,993.70 Contingency 2,692 1,649.06 Subtotal Construction $20,642 $12,642.76 Staff Engineering (8%) 1,651 1,011.42 Legal & Admin. (2%) 413 252.86 Material Testing (1 %) 206 126.43 Total Est. Cost Improvement Project No. 1992 -13 $22,912 $14,033.47 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. CITY OF BROOKLYN CENTER council Meeting Date 7/13/92 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT FOR TRAIL REPLACEMENT AT VARIOUS LOCATIONS, IMPROVEMENT PROJECT NO. 1991 -07, CONTRACT 1991 -N DEPT. APPROVAL: G Knadp, Director of Public Works MANAGERS REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached kkkMFkkkkkk> kkkkKkkkkkkkkkkkMkkkkkkkkkkkkkkkkk? kkkkkkkkkkkkkkkkkkkkkkKkkkkkkkkkKkMk SUMMARY EXPLANATION: (supplemental sheets attached • Contract 1991 -N, Improvement Project No. 1991 -07, Trail Replacement at Various Locations, has been completed by Alber Construction, Inc. The City Council accepted their bid per Resolution No. 91 -225 and a contract was subsequently executed. The actual final value of work, $95,533.17, is $1,018.46 more than the original contract plus approved change order(s), due to underestimation of contract quantities. Staff recommends acceptance of the work performed and authorization to make final payment to Alber Construction, Inc. RECOMMENDED CITY COUNCIL ACTION A resolution accepting work performed and authorizing final payment to Alber Construction, Inc. is attached for consideration. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT FOR TRAIL REPLACEMENT AT VARIOUS LOCATIONS, IMPROVEMENT PROJECT NO. 1991 -07, CONTRACT 1991 -N WHEREAS, pursuant to written contract signed with the City of Brooklyn Center, Minnesota, Alber Construction Inc. has satisfactorily completed the following improvement in accordance with said contract: TRAIL REPLACEMENT AT VARIOUS LOCATIONS IMPROVEMENT PROJECT NO. 1991 -07 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: Per Low Bid & Approved Change Orders As Final Contract $ 94,514.71 $ 95,533.17 Professional Services 2,700.00 2,698.70 Engineering (8 %) 7,561.18 7,642.65 Administration (1 %) 945.15 955.33 Legal (1 %) 945.15 955.33 Total Est. Project Costs $106,666.19 $107,785.18 2. The actual value of work performed is $1,018.46 more than the original contract, plus approved change orders due to an underestimation 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 $95,533.17. 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. CITY OF BROOKLYN CENTER council Meeting Date 7/13/92 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT FOR TRUNK SEWER REPLACEMENT UNDER I94/694, IMPROVEMENT PROJECT NO. 1992 -03, CONTRACT 1992 -D DEPT. APPROVAL: i ' riapp', bir8ctor of Public Works � MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attacYed SUMMARY EXPLANATION: (supplemental sheets attached Contract 1992 -D, Improvement Project No. 1992 -03, Trunk Sewer Replacement Under I94/694, has been completed by Barbarossa and Sons, Inc. The City Council accepted their bid per Resolution No. 92 -82 and a contract was subsequently executed. The actual final value of work, $200,120.40, is $1,038.98 less than the original contract plus approved change order(s), due to an overestimation of contract quantities. Staff recommends acceptance of the work performed and authorization to make final payment to Barbarossa and Sons, Inc. RECOMMENDED CITY COUNCIL ACTION A resolution accepting work performed and authorizing final payment to Barbarossa and Sons, Inc. is attached for consideration. Pf Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT FOR TRUNK SEWER REPLACEMENT UNDER 194/694, IMPROVEMENT PROJECT NO. 1992 -03, CONTRACT 1992 -D WHEREAS, pursuant to written contract signed with the City of Brooklyn Center, Minnesota, Barbarossa and Sons, Inc. has satisfactorily completed the following improvement in accordance with said contract: TRUNK SEWER REPLACEMENT UNDER 194/694 IMPROVEMENT PROJECT NO. 1992 -03 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: Per Low Bid and Approved Change Order As Final Contract $201,159.38 $200,120.40 Staff Engineering (8%) 16,092.75 16,009.63 Admin. & Legal (2%) 4,023.19 4.002.41 Total Est. Project Cost $221,275.32 $220,132.44 2. The actual value of work performed is $1,038.98 less than the original contract, plus approved Change Order 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 $200,120.40. 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. CITY OF BROOKLYN CENTER Council Meeting Date 7/13/92 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT FOR TRUNK SEWER REPLACEMENT IN BROOKDALE AREA, IMPROVEMENT PROJECT NO. 1992 -04, CONTRACT 1992 -C DEPT. APPROVAL: Knapp, F5ir ect r of Public Works MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Contract 1992 -C, Improvement Project No. 1992 -04, Trunk Sewer Replacement In Brookdale Area, has been completed by Penn Contracting Inc. The City Council accepted their bid per Resolution No. 92 -101 and a contract was subsequently executed. The actual final value of work, $124,037.38, is $11,378.32 less than the original contract plus approved change order(s), due to an overestimation of contract quantities. Staff recommends acceptance of the work performed and authorization to make final payment to Penn Contracting, Inc. RECOMMENDED CITY COUNCIL ACTION A resolution accepting work performed and authorizing final payment to Penn Contracting, Inc. is attached for consideration. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT FOR TRUNK SEWER REPLACEMENT IN BROOKDALE AREA, IMPROVEMENT PROJECT NO. 1992 -04, CONTRACT 1992 -C WHEREAS, pursuant to written contract signed with the City of Brooklyn Center, Minnesota, Penn Contracting Inc. has satisfactorily completed the following improvement in accordance with said contract: TRUNK SEWER REPLACEMENT IN BROOKDALE AREA IMPROVEMENT PROJECT NO. 1992 -04 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: Per Low Bid and Approved Change Orders As Final Contract $135,415.70 $124,037.38 Subtotal Construction 135,415.70 124,037.38 Staff Engineering (8%) 10,833.26 9,922.99 Admin. & Legal (2%) 2,708.31 2,480.75 Geotechnical Services 1,775.00 1,775.00 Material Testing (1 %) 1,354.16 1.240.37 Total Est. Project Cost $152,086.43 $139,456.49 2. The actual value of work performed is $11,378.32 less than the original contract, plus approved change orders 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 $124,037.38. 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. CITY OF BROOKLYN CENTER Council Meeting Date 7/13/92 Agenda Item Numbe • REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT FOR 1992 SEALCOATING, IMPROVEMENT PROJECT NO. 1992 -09, CONTRACT 1992 -G DEPT. APPROVAL: Kna i ector of Public Works MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Contract 1992 -G, Improvement Project No. 1992 -09, 1992 Sealcoating Program, has been completed by Allied Blacktop Company. The City Council accepted their bid per Resolution No. 92 -124 and a contract was subsequently executed. The actual final value of work, $103,870.30, exceeds the original contract plus approved change order(s) by $1,953.14, due to an underestimation of contract quantities. The 1992 Division No. 42 Street Maintenance budget for this expenditure, as adjusted by the Financial & Service Prioritization process, is $122,000. Staff recommends acceptance of the work performed and authorization to make final payment to Allied Blacktop Company. RECOMMENDED CITY COUNCIL ACTION A resolution accepting work performed and authorizing final payment to Allied Blacktop Company is attached for consideration. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT FOR 1992 SEALCOATING, IMPROVEMENT PROJECT NO. 1992 -09, CONTRACT 1992 -G 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: 1992 SEALCOATING IMPROVEMENT PROJECT NO. 1992 -09 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 With Approved Change Order Final Amount Value of Work $101,917.16 $103,870.30 2. The actual value of work performed is $1,953.14 more than the original contract, plus approved Change Order due to an underestimation 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 $103,870.30. 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. CITY OF BROOKLYN CENTER Council Meeting Date 7/13 /92 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION APPROVING NEGOTIATED AGREEMENT (LANE PROPERTY) FOR THE PURCHASE OF PROPERTY FOR 69TH AVENUE RIGHT -OF -WAY, IMPROVEMENT PROJECT NO. 1990 -10 DEPT. APPROVAL: / Knapp, /birector of Public Works : MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /atta''hed SUMMARY EXPLANATION: (supplemental sheets attached Our City Attorney reports that he has negotiated a tentative agreement with the attorney for Ernst, Lane and Ernst for the purchase of the commercial property at the northeast corner of the Brooklyn Boulevard /69th Avenue intersection, i.e. - the property on which Tires Plus and the Saba Flowers /Orbit T.V. buildings were located. Details of the negotiated agreement will be presented to the City Council at the July 13 meeting, along with a resolution approving the negotiated agreement. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING SETTLEMENT OF CONDEMNATION ACTION; REGARDING PROPERTY AT 69TH AVENUE NORTH AND BROOKLYN BOULEVARD WHEREAS, pursuant to Resolution No. 91 -216, adopted by the City Council of the City of Brooklyn Center on September 9, 1991, the city attorney initiated an action in eminent domain to acquire fee simple title to a portion of Lots 6, 7 and 8 in Lane's Brooklyn Center Addition, together with temporary construction and demolition easements; and WHEREAS, the action is entitled City of Brooklyn Center v. Ernst, Lane & Ernst, et al. Hennepin County District Court File No. CD -2231; and WHEREAS, the court - appointed commissioners have held hearings and have rendered an award in the total amount of $180,275.00, including damages and reimbursement of appraisal fees; and WHEREAS, the fee owner of the property, Ernst, Lane & Ernst, a Minnesota partnership, disputes the adequacy of the award of commissioners; • and WHEREAS, each of the parties to the action has the right to appeal from the award of commissioners; and WHEREAS, the City Council and Ernst, Lane & Ernst desire to compromise and settle the action in order to avoid further costs and litigation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The mayor, city manager, city attorney, and city staff are authorized to execute such documents as may be necessary to settle the condemnation action on the following terms: a. The City will pay to Ernst, Lane & Ernst the total amount of $215,000, which includes compensation for damages occasioned to the property by the taking, interest, and reimbursement of appraisal fees. b. In consideration of said payment, Ernst, Lane & Ernst will convey to the City by deed that portion of the property which is described in the petition, as amended, in the condemnation action. In addition, Ernst, Lane & Ernst will convey to the City temporary construction easements over the remainder of Lots 6, 7 and 8, will waive all rights to appeal the award of commissioners, and will execute a RESOLUTION NO. stipulation providing for the release to the City of the funds now on deposit with the Hennepin County District Court. C. Ernst, Lane & Ernst will undertake to pay from the $215,000 any and all monies to which its tenant, Tires Plus, is entitled by law, including damages to the leasehold, interest, and reimbursement for appraisal fees. d. If Tires Plus files an appeal from the commissioners' award, the settlement described above is null and void. Date Todd Paulson, Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 7/13/92 Agenda Item Numbc REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES DEPT. APPROVAL: Knap irec r of Public Works MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /atta hed SUMMARY EXPLANATION: (supplemental sheets 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. RECOMMENDED CITY COUNCIL ACTION It is recommended the Council adopt the attached resolution. r 1/X 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 07/13/92 ) 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, THEREFORE, 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 ---------------------- - - - - -- ----------------------- - - - - -- -- - - - - -- ANTHONY & RITA ZYCH 6401 FREMONT AVE N 100 TERRY & LINDA BLUML 5614 CAMDEN AVE N 101 JOAN EDWARDS 5516 CAMDEN AVE N 102 JEREMY BENVER 5418 FREMONT AVE N 103 RITA FAUNDEEN 5615 HUMBOLDT AVE N 104 ANNA KARA 6106 GIRARD AVE N 105 GEOFFREY & LYNN CARTER 5724 EMERSON AVE N 106 IND. SCHOOL DIST. #286 5900 HUMBOLDT AVE N 107 JEAN AMBERG 6436 NOBLE AVE N 108 ALLEN & EVA KOEP 6406 NOBLE AVE N 109 VERNON & CATHERINE RALPH 5925 ABBOTT AVE N 110 THEODORE & PHYLLIS WAITE 5900. YORK AVE N 111 HOWARD ATKINS 3212 LAWRENCE RD 112 HOWARD ATKINS 3213 LAWRENCE RD 113 SUSAN POZINSKI 6442 KYLE AVE N 114 JOYCE NESS 4224 66TH AVE N 115 RICHARD & JANE EWING 4230 66TH AVE N 116 JOHN & BARBARA LIDBERG 4412 WINCHESTER LN 117 WILLIAM BARNEY 6319 PERRY AVE N 118 CHRIS & COURTNEY BLOCK 5829 PEARSON DR 119 DEREK & CAROLE MONROE 3612 COMMODORE DR 120 DOUA & LEE VANG 6610 BROOKLYN BLVD 121 LEROY OSWALD 2801 O'HENRY RD 122 NOBLE RAINVILLE 2913 O'HENRY RD 123 BERNARD & MARILYN TOME 2907 65TH AVE N 124 WAYNE & DEBRA PARSON 901 WOODBINE LN 125 NORMAN GENSMER 5606 IRVING AVE N 126 SCOTT VAGLE 5619 IRVING AVE N 127 MARCELLA JOHNSON 7130 HALIFAX AVE N 128 BROOKDALE COVENANT CHURCH 5139 BROOKLYN BLVD 129 BROOKDALE COVENANT CHURCH 5139 BROOKLYN BLVD 130 RESOLUTION NO. CITY OF B.C. HAPPY HALLOW PARK 131 BLANCHE RADIL 4948 ZENITH AVE N 132 DONALD & PAULA MILLER 4944 ZENITH AVE N 133 JAMES & KAREN MCCANN 3319 49TH AVE N 134A WARREN ERICKSON 3325 49TH AVE N 134B ROBERT & CAROL EVELIUS 6330 COLFAX AVE N 135 THOMAS & MARY AHERN 5901 VINCENT AVE N 137 THOMAS & MARY AHERN 5901 VINCENT AVE N 138 THOMAS & MARY AHERN 5901 VINCENT AVE N 139 KARINA STELLBURG 7206 NOBLE AVE N 140 CITY OF B.C. PALMER LAKE TRAILWAY 141 KEVIN & TERI HOLMES 6737 EWING AVE N 142 DIANA O'CONNOR 711 69TH AVE N 143 DIANA O'CONNOR 711 69TH AVE N 144 MN /DOT WEST METRO OFFICE 6821 WEST RIVER RD 145 MN /DOT WEST METRO OFFICE 6821 WEST RIVER ROAD 146 JERRY EISERMAN 500 67TH AVE N 147 DIANA O'CONNOR 711 69TH AVE N 2 HARRY RODINE, JR. 5509 BROOKLYN BLVD 27 RAYMOND ANDERSON 7113 WILLOW LANE 28 YVONNE SWANSON 6407 FREMONT AVE N 29 DIANA O'CONNOR 711 69TH AVE N 3 FRANK & LORRAINE MADERA 5107 65TH AVE N 30 STERNFELS & ASSOC. 6637 HUMBOLDT AVE N 31 STERNFELS & ASSOC. 6637 HUMBOLDT AVE N 32 WM. & CHERYL CHAMBERLIN 5006 71ST AVE N 33 LINDA YOBBE 2407 55TH AVE N 34 GARY LYONS 6819 HUMBOLDT AVE N 35 GARY LYONS 6819 HUMBOLDT AVE N 36 GARY LYONS 6819 HUMBOLDT AVE N 37 ALLEN & SHIRLEY GERDIN 5661 NORTHPORT DR 38 GREGORY & JAN LYFORD 3501 62ND AVE N 39 STERNFELS & ASSOC. 6637 HUMBOLDT AVE N 40 STERNFELS & ASSOC. 6637 HUMBOLDT AVE N 41 STERNFELS & ASSOC. 6637 HUMBOLDT AVE N 42 STERNFELS & ASSOC. 6637 HUMBOLDT AVE N 43 STERNFELS & ASSOC. 6637 HUMBOLDT AVE N 44 STERNFELS & ASSOC. 6637 HUMBOLDT AVE N 45 STERNFELS & ASSOC. 6637 HUMBOLDT AVE N 46 STERNFELS & ASSOC. 6637 HUMBOLDT AVE N 47 STERNFELS & ASSOC. 6637_ HUMBOLDT AVE N 48 STERNFELS & ASSOC. 6637 HUMBOLDT AVE N 49 ROGER KLOSTER 7223 LEE AVE N 50 DIANA O'CONNOR 711 69TH AVE N 51 DAVID WAGTSKJOLD 6854 WEST RIVER RD 52 DAIVD WAGTSKJOLD 6864 WEST RIVER RD 53 DAVID WAGTSKJOLD 6854 WEST RIVER RD 54 DAVID WAGTSKJOLD 6854 LYNDALE AVE N 55 DAVE & GWENDYNE BERG 6842 WEST RIVER RD 56 DAVE & GWENDYNE BERG 6842 WEST RIVER RD 57 DAVE & GWENDYNE BERG 6842 WEST RIVER RD 58 NORMAN CHAZIN 1308 69TH AVE N 59 NORMAN CHAZIN 1308 69TH AVE N 60 NORMAN CHAZIN 1308 69TH AVE N 61 NORMAN CHAZIN 1308 69TH AVE N 62 NORMAN CHAZIN 1308 69TH AVE N 63 EARLE BROWN COMMONS LTD. 6100 SUMMIT DR 64 CITY OF B.C. 6844 SHINGLE CREEK PKWY 65 CITY OF B.C. 6844 SHINGLE CREEK PKWY 66 CITY OF B.C. 6844 SHINGLE CREEK PKWY 67 RESOLUTION NO. CITY OF B.C. 6844 SHINGLE CREEK PKWY 68 CITY OF B.C. 6844 SHINGLE CREEK PKWY 69 CITY OF B.C. WEST PALMER PARK 70 JUNE PASCHKE 7213 PALMER LAKE DR W 71 CITY OF B.C. EAST PALMER PARK 72 ANN STANCHFIELD 4013 61ST AVE N 73 TROY SEUFERT 4921 63RD AVE N 74 CARL & MARJORIE VICKROY 5019 61ST AVE N 75 STEPHEN HARRINGTON 6318 GRIMES AVE N 76 FRANK & VIRGINIA ANTILA 2406 ERICON DR 77 JOHN & VICTORIA BEAHEN 5006 65TH AVE N 78 PHYLLIS UMOLAC 5225 65TH AVE N 79 PATRICIA KOESTER 5213 WINCHESTER LA 80 PAUL McCORMICK 5119 WINCHESTER LA 81 EUGENE & DALORES GERRELLS 5107 WINCHESTER LA 82 GERALD & JOY YOST 5101 WINCHESTER LA 83 DUANE & CHARLOTTE OLSON 5013 WINCHESTER LA 84 GALE & SYLVIA HAGEDORN 5013 66TH AVE N 85 GALE & SYLVIA HAGEDORN 5013 66TH AVE N 86 MARVIN & PATRICIA BOLLES 5124 66TH AVE N 87 JACK & MARGARET TIMM 5131 66TH AVE N 88 PAUL & KAREN ZIMMERMAN 5212 66TH AVE N 89 JOHN & DEBORAH STINSON, JR 6231 REGENT AVE N 90 PEARL LYNCH 7224 LOGAN AVE N 91 STEVEN McMONIGAL 6731 SCOTT AVE N 92 EUGENE & CAROL MEYER 6843 TOLEDO 93 EUGENE & CAROL MEYER 6843 TOLEDO AVE N 94 RICKIE & MARY MORRIS 6831 ORCHARD AVE N 95 ROBERT & JOAN FOX 6818 DREW AVE N 96 B. ELLEFSON & D. WINKLER 7112 FRANCE AVE N 97 LEO THOME 6419 FREMONT AVE N 98 CARL & DORIS BERNARDSON 6413 FREMONT AVE N 99 2. After twenty (20) days from the date of the notice, the property owner(s) will receive a second-written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. All removal costs, including legal, financing, and administrative charges, shall be specially assessed against the property. RESOLUTION NO. Date Mayor ATTEST: 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. CITY OF BROOKLYN CENTER Council Meeting Date /13/9 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Performance Guarantees DEPTP / C - �'j on � Ronalcl A. Warren, Director of Planning and Inspection MANAGER'S REVIEW RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) • The following performance guarantees are recommended for release or reduction as specified. 1. Group Health, Inc. 6845 Lee Ave. North Planning Commission Application No. 91002 Amount of Guarantee - $6,000 bond Obligor - Group Health, Inc. All site improvements have been completed in accordance with the approved plans. Recommend total release. 2. Hoffman Engineering 6530 James Ave. North No Planning Commission Application - Parking lot modification Amount of Guarantee - $10,000 bond Obligor - Hoffman Engineering Additional trees have been planted and parking delineators have been installed as per the approved plan. Recommend total release. i Summary Explanation Page 2 July 13, 1992 3. Twin View Meadows 51st Avenue North, west of France Avenue North Planning Commission Application No. 90028 Amount of Guarantee - $40,000 cash escrow Obligor - Twin View Development, Inc. Virtually all the required trees have been planted along the south side of the development. Nine of 25 lots have been completed as far as site improvements. Other lots are in progress. Eleven lots remain to be sold and developed. Most grading is complete. A previous reduction acknowledged completion of initial grading and the fence along the south side. Recommend reduction from $50,000 to $25,000 at this time. Submitted by, Gary Shallcros's Planner • r CITY OF BROOKLYN CENTER council Meeting Date Iu1V 13, 1992 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: TEMPORARY ON -SALE INTOXICATING LIQUOR LICENSE FOR ST. ALPHONSUS CATHOLIC CHURCH DEPT. APPROVAL: James and ay, Chief of Police MANAGER'S REVIEW/RECO TION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) St. Alphonsus Catholic Church is sponsoring their annual Fun Fair on July 24, 25, and 26, 1992. In connection with the Fun Fair, St. Alphonsus has made application for a temporary on -sale intoxicating liquor license. St. Alphonsus has received this license for the last several years and previously had received a temporary beer license for this event. St. Alphonsus plans to sell beer and wine for consumption on the premises during the Fun Fair. The Fun Fair committee does have security measures in place regarding the sale and consumption on the premises. We have not had any problems in the past with the license. RECOMMENDED CITY COUNCIL ACTION The City Council consider and approve the request by St. Alphonsus Catholic Church for a temporary on -sale intoxicating liquor license for use at their Fun Fair on July 24, 25, and 26, 1992. CITY OF BROOKLYN CENTER Council Meeting Date 7!13 Agenda Item Number /J REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: LICENSES DEPT. APPROVAL: Sharon Knutson, Deputy City Clerk MANAGER'S REVIEW/RECONEWENDATION: 1 No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) Attached is the list of licenses to be approved by the city council. RECOMMENDED CITY COUNCIL ACTION Approve licenses. 4 Licenses to be approved by the City Council on July 13, 1992: AMUSEMENT DEVICES - OPERATOR Beacon Bowl 6525 West River Road Chi -Chi's 2101 Freeway Blvd. Davanni's 5937 Summit Drive Holiday Inn 2200 Freeway Blvd. Lynbrook Bowl 6357 N. Lilac Drive Metropolitan Transit Commission 6845 Shingle Ck. Pkwy. Scoreboard Pizza 6816 Humboldt Ave. N. ief of Police ,OJL AMUSEMENT DEVICES - VENDOR ,P -$ American Amusement Arcades 850 Decatur Avenue hief of Police FOOD ESTABLISHMENT � • a � �� Lynbrook Bowl 6357 N. Lilac Drive t�U. Sanitarian GARBAGE AND REFUSE COLLECTION VEHICLES Aagard Sanitation 875 Prior Ave. N. W lock Sanitation 8924 Ashley Terrace arling & Co. /Gordon Rendering P. O. Box 12785 Mengelkoch Company 119 NE 14th St. Northern Disposal, Inc. 2817 Anthony Lane S. T & L Sanitation Service P. O. Box 34695 Twin City Sanitation, Inc. 279 Meadowwood Lane Q Woodlake Sanitary Service, Inc. 4000 Hamel Road r a Sanitarian ITINERANT FOOD ESTABLISHMENT Brooklyn Center Police Department 6301 Shingle Ck. Pkwy. St. Alphonsus Fun Fair 7025 Halifax Ave. N. �- a SanitarianC MECHANICAL SYSTEMS Helland Heating & A/C 5969 Lynwood Blvd. Midwest Heating & A/C 9809 Valley Forge Lane •a Building Official NONPERISHABLE VENDING MACHINES Theisen Vending 3804 Nicollet Ave. N. D Days Inn 1501 Freeway Blvd. r • a Sanitarian Wc.. RENTAL DWELLINGS Initial: Maranatha Residence Corporation Maranatha Place Apts. Renewal: Savage II /LaSalle Group, Ltd. The Ponds Keith L. Nordby 5964 Brooklyn Blvd. Dorothy Ostrom 6025 Brooklyn Blvd. Chris Knutson 5200 France Ave. N. ROI Properties, Inc. 7109 -7113 Unity Ave. N. Tracy Rice 5836 Xerxes Ave. N. Lyle Miller /Russell Domke 3513 47th Ave. N. Robert and Fern Will 3416 50th Ave. N. n � dAA&K Anna Gullord 2309 54th Ave. N. (� Director of Planning and Inspection SIGN HANGER Crosstown Sign, Inc. 10166 Central Ave. NE Equity Construction Co. 561 3rd Street Identi- Graphics 8660 Highway 7 n Signcrafters Outdoor Display, Inc. 7775 Main St. NE - Building Official ,(c GENERAL APPROVAL: P. Page, Deput Clerk 40