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HomeMy WebLinkAbout1992 06-08 CCP Regular Session CITY COUNCIL AGENDA 0 CITY OF BROOKLYN CENTER JUNE 8, 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: t -' a. May 26, 1992 - Regular Session 8. Mayoral Appointment: a. Planning Commission 9. Presentations: a. Brooklyn Center Communications Task Force Recommendation to Hire a Part -Time Communications Coordinator b. Financial Task Force Recommendation on Financial Management Policies C. Annual Financial Report (9:30 p.m.) d. Auditor's Report (9:30 p.m.) 10. Public Hearing: (7:30 p.m.) Y a. Initial Application for a Private Kennel License at 5417 Fremont Avenue North 11. Ordinances: (7:15 p.m.) a. An Ordinance Amending Chapter 15 of the City Ordinances Establishing a Final Plat Fee -This ordinance amendment was offered for a first reading on May 11, 1992, published in the City's official newspaper on May 20, 1992, and is offered this evening for a second reading. 1. Resolution Establishing a Final Plat Fee CITY COUNCIL AGENDA -2- June 8, 1992 'b. An Ordinance Amending Chapter 25 of the City Ordinances Establishing a Fee for Vacating a Street, Alley, or Easement -This ordinance amendment was offered for a first reading on May 11, 1992, published in the City's official newspaper on May 20, 1992, and is offered this evening for a second reading. 1. Resolution Establishing a Fee for Vacating a Street, Alley, or Easement 12. Discussion Items: a. Safety Committee Recommendation to Conduct Air Quality Study of Civic Center and City Garage 1. Resolution Establishing Project No. 1992 -14, Air Quality Study of Civic Center and City Garage, Accepting Proposal to Conduct Study and Appropriating Funds Therefore b. An Ordinance Amending Chapter 35 of the City Ordinances Relating to Residential Facilities r ; C. Appointment of Ad Hoc Task Force for the Brooklyn Boulevard Planning Study 13. Resolutions: a. Amending Resolution Nos. 87 -87 and 87 -134 Regarding the Brooklyn Center Planning Commission b. Amending Resolution Nos. 68 -44, 69 -35, 71 -211, 74 -68, and 87 -132 Regarding the Brooklyn Center Human Rights and Resources Commission c. Amending Resolution Nos. 73 -140, 75 -97, 77 -22, and 87 -131 Regarding the Brooklyn Center Housing Commission d. Amending Resolution Nos. 73 -25, 77 -52, and 87 -133 Regarding the Brooklyn Center Park and Recreation Commission e. Amending Resolution No. 90 -121 Regarding the Brooklyn Center Drug Awareness Commission *f. Amending Subdivision 11 of Resolution No. 91 -153 Regarding the Communications Task Force Term *g. Amending the 1992 General Fund Budget to Provide Funds for Membership in the National League of Cities *h. Declaring a Public Nuisance and Ordering the Removal of Diseased Trees (Order No. DST 06/08/92) CITY COUNCIL AGENDA -3- June 8, 1992 *i. Approving Change Order No. 2 for Improvement Pro No. PP g g P 7 1991 -07, Contract 1991 -N, Trail Replacement at Various Locations *j. Accepting Bid and Awarding Contract for Purchase of One (1) Tractor with Backhoe and Loader k. Closing the General Obligation Tax Increment Bonds of 1983 Debt Service Fund and Transferring the Remaining Funds to the General Obligation Tax Increment Bonds of 1985 Debt Service Fund *1. Calling for Public Hearing to Amend Year XVIII of the Hennepin Urban County Community Development Block Grant Program *m. Approving Specifications for a Request for Proposal and Authorizing Its Publication n. Amending the 1992 General Fund Budget and Approving the Purchase of a Micro Computer o. Authorizing Execution of Land Disposition Agreement for 6730 Perry Avenue North -This is a housekeeping resolution regarding the restriction of the sale of the property for the construction of a single- family home for low and moderate income persons. *14. Licenses 15. Adjournment Resolution 92- Resolution Declaring Commitment to the Brooklyn Center City Charter, Pledging Fair Treatment of Employees, Declaring Against Conflicts of Interest and Misuse of Positions WHEREAS, Brooklyn Center voters in 1966 adopted a City Charter creating a Council - Manager form of government; and WHEREAS, said Charter provides that the City Council shall determine all matters of policy, and the City Manager shall be the head of the administrative branch of the City Government; and WHEREAS, the Charter provides that there be no separate administrative boards or commissions other than advisory boards and commissions; and WHEREAS, numerous advisory commissions have served the City since adoption of the Charter; and WHEREAS, the Charter provides for four Council members and a Mayor, all elected at large, with the Mayor entitled to a single vote as other Council members and who in addition serves as presiding officer of the Council and as official head of the City for ceremonial purposes; and WHEREAS, the Charter provides that the City Manager shall control and direct all departments and divisions of the City and shall have the right to take part in Council discussion and shall recommend such measures as deemed necessary; and WHEREAS, the Charter prohibits Council members from dictating the appointment of any person to office or employment by the City Manager; and WHEREAS, the Charter requires the Council to deal with and control the administrative service solely through the City Manager and prohibits any Council member from giving orders to any subordinate of the City Manager, either publicly or privately; and WHEREAS, the City Manager is charged by the charter to see that the City Charter and the laws and resolutions of the city are enforced; and WHEREAS, the Council as a whole also has an obligation to police its own conduct and to ensure that its business is conducted pursuant to the City Charter and the norms of acceptable and courteous business behavior; and WHEREAS, Council members must depend upon the City Manager and staff to provide them with a great amount of background information, data, and expertise to aid in deliberating issues, developing policy, and administering the Council's responsibilities; and WHEREAS, the effectiveness of the services provided by the staff is in large part determined by a relationship of trust and mutual respect between the staff and the City Council. NOW, THEREFORE, be it resolved by the City Council: 1. To rededicate itself to the spirit and letter of the City Charter, and to call to account any of its members who ignore the spirit and letter of the City Charter. 2. To counsel and, if necessary, challenge members who exceed their authority or the bounds of acceptable behavior in the conduct of City business. 3. To pledge that no employees suffer recriminations, abuse or humiliation for acting in a forthright, proper, honest and candid manner in performing their responsibilities. 4. To discharge its responsibilities as intended and established by federal, state and local laws and the City Charter, and to do so in a fair and impartial manner. Any city officials or employees, elected or appointed, who engage in conflict of interest or who use their positions in a self- serving manner, having the effect of promoting their own financial interest or the financial interest of a friend, associate, business employer, or relative instead of the public interest, shall be subject to censure by the City Council, and also, will be subject to any other prosecution available under the laws. 5. To direct the City Manager to place this resolution for re- adoption on the agenda for the first meeting of the City Council each January hereafter, as information and reminder of Council /Manager responsibilities. TO: The Honorable Yayor Todd Paulson � Members of the City Council _J FROM: Phil Cohen, Councilmember DATE: June 6, 1992 SUBJECT: Resolution Declaring Commitment to the Brooklyn Center City Charter, Pledging Fair Treatment of Employees, Declaring Against Conflicts of Interest and Misuse of Positions. I will offer the attached resolution for the Council's consideration on Monday, June 8th as part of the "Council Report" item on the City Council's agenda. My reason for bringing this issue to council table is the past and present tenor of dialogue regarding our current form of government, council /staff relations and treatment of city employees. These issues have not only been raised at the council table, but have also been the subject of questions and concerns by the residents and the business community. I am of the opinion that it is essential that all concerned know where we stand. The City Charter, which is the Brooklyn Center City Constitution, has been a stabilizing force for the past 26 years. The main challenge to the charter that has raised deep and serious concerns revolves around possible changes in our form of government. Further, the fact that we have quality government in Brooklyn Center is directly related to the quality of our the staff that performs the day to day operations of our community. We are at a time when we are presently seeking applicants to fill one top level staff position, and probably in the next year or two, more positions may also have to be filled through retirements. It is my view that we need to provide an athmosphere that will not only attract quality applicants, but will retain the city employees that make this city function. And, most important, the City Council has the obligation to police itself. What I have set forth not only applies to the present City Council but also calls for this resolution to be re- adopted at the first meeting of the City Council each January. In view of the foregoing, I feel very strongly that it is is very timely to bring forth this resolution for the council's consideration and adoption. Resolution 92- • Resolution Declaring Commitment to the Brooklyn Center City Charter, Pledging Fair Treatment of Employees, Declaring Against Conflicts of Interest and Misuse of Positions WHEREAS, Brooklyn Center voters in 1966 adopted a City Charter creating a Council - Manager form of government; and WHEREAS, said Charter provides that the City Council shall determine all matters of policy, and the City Manager shall be the head of the administrative branch of the City Government; and WHEREAS, the Charter provides that there be no separate administrative boards or commissions other than advisory boards and commissions; and WHEREAS, numerous advisory commissions have served the City since adoption of the Charter; and WHEREAS, the Charter provides for four Council members S and a Mayor, all elected at large, with the Mayor entitled to a single vote as other Council members and who in addition serves as presiding officer of the Council and as official head of the City for ceremonial purposes; and WHEREAS, the Charter provides that the City Manager shall control and direct all departments and divisions of the City and shall have the right to take part in Council discussion and shall recommend such measures as deemed necessary; and WHEREAS, the Charter prohibits Council members from dictating the appointment of any person to office or employment by the City Manager; and WHEREAS, the Charter requires the Council to deal with and control the administrative service solely through the City Manager and prohibits any Council member from giving orders to any subordinate of the City Manager, either publicly or privately; and WHEREAS, the City Manager is charged by the charter to see that the City Charter and the laws and resolutions of the city are enforced; and WHEREAS, the Council as a whole also has an obligation to police its own conduct and to ensure that its business is conducted pursuant to the City Charter and the norms of acceptable and courteous business behavior; and WHEREAS, Council members must depend upon the City Manager and staff to provide them with a great amount of background information, data, and expertise to aid in deliberating issues, developing policy, and administering the Council's responsibilities; and WHEREAS, the effectiveness of the services provided by the staff is in large part determined by a relationship of trust and mutual respect between the staff and the City Council. NOW, THEREFORE, be it resolved by the City Council: 1. To rededicate itself to the spirit and letter of the City Charter, and to call to account any of its members who ignore the spirit and letter of the City Charter. 2. To counsel and, if necessary, challenge members who exceed their authority or the bounds of acceptable behavior in the conduct of City business. 3. To pledge that no employees suffer recriminations, abuse or humiliation for acting in a forthright, proper, honest and candid manner in performing their responsibilities. 4. To discharge its responsibilities as intended and established by federal, state and local laws and the City Charter, and to do so in a fair and impartial manner. Any city officials or employees, elected or appointed, who engage in conflict of interest or who use their positions in a self - serving manner, having the effect of promoting their own financial interest or the financial interest of a friend, associate, business employer, or relative instead of the public interest, shall be subject to censure by the City Council, and also, will be subject to any other prosecution available under the laws. 5. To direct the City Manager to place this resolution for re- adoption on the agenda for the first meeting of the City Council each January hereafter, as information and reminder of Council /Manager responsibilities. CITY OF BROOKLYN CENTER camcil Meeting Date Junes, 1992 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: CITY COUNCIL MINUTES OF MAY 26, 1992 - REGULAR SESSION DEPT. APPROVAL: e Patti A. Page, Deputy City Clerk MANAGER'S REVIEW/RECOAMENDATION: -, No comments to supplement this report Comments belowjattac ed • SUNEMLRY EXPLANATION: (supplemental sheets attached ) RECOMMENDED CITY COUNCIL ACTION MINUTES OF THE PROCEEDINGS OF THE CTTY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MAY 26, 1992 CITY IIALL 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 Gerald Splinter, Director of Public Works Sy Knapp, Finance Director Paul Holmlund, Director of Planning and Inspection Ron Warren, City Attorney Charlie LeFevcre, Personnel Coordinator Geralyn Barone, and Council Secretary Carla Wirth. OPENING CEREMONIES Father Harty Odle 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. Therc being none, he continued with the regular agenda items. CWNCIL REPORTS Mayor Paulson introduced the Political Science Class from Park Center High School. who were in attendance. He also introduced Mike Braasch, Senior at Park Center High School, who has been working as an intern with the Mayor's Office. Mayor Paulson reviewed the projects Mr. Braasch has been involved with including a constituent complaint tracking system, book on Mayoral appointments, and a book on award and proclamations which is still under progress. Other projects include work on a public announcement spot to promote an aspect of the community, attendance at safety patrols, and a press release in conjunction with Louis Larson. Mayor Paulson invited other students to participate in this worthwhile program. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmembers requcbwd any items be removed from the consent agenda. No requests were made. 3/26/92 - t - APPROVAL OF MTNT YTES Y 11 1992 - REG 1LAR SESSIQN There was a motion by Councilmemher Scott and seconded by C.ouncilmember Pedlar to approve the minutes of May 11, 1992, regular session as printed. The motion passed unanimously. RESOLUTIONS RESOLUTION NO, 92 -109 Mcmbur Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1992-13, SIDEWALK REPLACEMENT AT VARIOUS LOCATIONS AND APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS FOR CONTRACT 1992 -I The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 92 -110 Member Celia & introduced the fallowing resolution and moved its adoption: RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR IMPROVEMENT PROJECT NO, 1991 -23, SEWER REPLACEMENT AT BROOKLYN DRIVE, CONTRACT 1991 -S The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously, RESOLUTION NO 92 -111 Member Celia Scott introduced the following resolution and movcd its adoption: RESOLUTION DECLARING EARLE BROWN DAYS AS A CIVIC EVENT FROM JUNE 17 THROUGH JUNE 28 The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO, 92 -112 Member Celia Scott introduced the following resolution and moved its adoption; RESOLUTION EXPRESSING APPRECIATION FOR THE EFFORTS OF SENATOR BILL LUTHER DURING THE RECENT LEGISLATIVE SESSION The motion for the adoption of the foregoing resolution was duly econded b member Jerry Y Y Pedlar, and the motion passed unanimously. 5/26/92 -2- RESOLUTION NO. 92 -113 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE EFFORTS OF REPRESENTATIVE PHIL C;ARRUTHER DURING TIE RECENT LEGISLATIVE SESSION The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RE SOLUTION NO, 42.114 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE EFFORTS OF REPRESENTATIVE WAYNL 51MONEU (FRIDLEY) DURING THE RECENT LEGISLATIVE SESSION The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously, RESOLUTION NO, 92 -115 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE EFFORTS OF SENATOR EM13LK REICHUOTT (NEW HOPE) DURING THE RECENT LEGISLATIVE SESSION The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO, 92 -116 Member Celia Sett introduced the following resolution and moved its adoption: RESOL>;.TION EXPRESSING APPRECIATION FOR THE EFFORTS OF REPRESENTATIVE ANN REST (NEW HOPE) DURING THE RECENT LEGISLATIVE SESSION The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously, 5/26/92 -3 - RESOLUTION NO 92 -117 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE EFFORTS OF RUFRESENTATlVE BILL SCHRIEBER (BROOKLYN PARK) DURING THE REGENT LEGISLATIVE SESSION The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NQ 92 -118 Mcmbcr Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE EFFORTS OF SENATOR LARRY FOOEMILLER (N.E. MINNEAPOLIS) DURING THE RECENT LEGISLATIVE SESSION The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO 92 -119 Member Celia Scott introduced the following resolution and movcd its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE EFFORTS OF SENATOR JUDY TRAUB (MINNETONKA) DURINU THE RECENT LEGISLATIVE 5ES6IUN The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO 92 -120 Member Celia Scott introduced the following resolution and moved its adoption; RESOLUTION EXPRESSING APPRECIATION FOR THE EFFORTS OF SENATOR RANDY KELLY (ST, PAUL) DURING THE RECENT LEGISLATIVE SESSION The motion for the adoption of the foregoing resolution was duly seconded by member ,Terry Pedlar, and the motion passed unanimously. RESOLUTION NO. 92 -121 Member Cclia Scott introduced the following resolution and movcd its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE EFFORTS OF REPRESENTATIVE CONNIE MORR16UN (BU"SVILLE) WRINCG THE RECENT LEGISLATIVE SESSION The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. 5/26/92 -4 _ REESOLUTION NO 92 -122 Mc111bcr Czlid Sv introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE EFFORTS OF SENATOR DON FRANK (SPRING LAKE PARK) DURING THE RECENT LEGISLATIVE SESSION The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously, RESOLUTION NQ 92 -1.23 Wilber Celia SCGtt llltroduccd thG IUIIvwulg rG5UlutiQ11 d1ld 111uYrd its ddupLiva; RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF JILL SHERRITT The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. LI CENSES There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the following list of licenses: AMUSEMENT DEVICES - OPERATOR Earle Brown Bowl 6445 James Circle N. A_ MUSEMENT DEVICES - VENDOR B & K Music & Sales 133 Spring Valley Circle FOOD ESTABLISHMENT Lutheran Church of the Triune God 5827 Humboldt Avcnuc N. LIL NERANT FOOD ESTABLISHMENT Brooklyn Genter Park & Recreation 6301 Shingle Creek Parkway MECHANICAL SYSTEMS Marsh Heating & A/C CQ., Inc. 6245 Lakeland Avcnuc N. United Heating and A/C 2702 Idaho Avenue N. N— ONPERISHABLE VENDING MACHINES Consumer Vending 2714 E. 33rd Street Dayton's 1100 Brookdale Center 5/26/92 -5- RI H.ABLE VENDI MACHINES Consumer Fending 2714 E. 33rd Street Dayton's 1100 Brook Center RENTAL DWELLINGS Renewal: Brookwood Estates 6201 N. Lilac Drive Ewing Square Associates rates 9 Ewing Square Townhouses George I. Kosmides Lyn -River Apartments Brighton II Ltd. Partnership Timber Ridge Apartments Boulevard Properties 5837 Brooklyn Boulevard Brett and Terry Parker 5245 Lakeside Place Steve Loechler 5736 Logan Avenue N. Jerry Truman 5519 -23 Lyndale Avenue N, Michael and Debra Hogenson 3813 Urban Avenue N. Frances M. Lunacek 5211 Xerxes Avenue N. SWIMMING POOLS 13rookside Manor Apartments 11121 -1307 67th Avenue N, Riverwood Townhomes Association 6626 Camden Drive N, The motion passed unanimously, PLANNING COMMISSION I MMS PLANNING COMMISSION APPLICATION NO 92008 NHIA YONG THAQ The City Manager presented Planning Commission application No. 92008 submitted by Nhia Yong Thao requesting special use permit approval to build and operate an alterations shop in an addition to the garage at 6136 Brooklyn Boulevard. This application was considered and approval recommended by the Planning Commission at their May 14, 1992, meeting. The Director of Planning and Inspection advised the Council the Planning Commission minutes of May 14, 1992, contain their consideration and recommendation of this application. With the aid of a transparency, the Director of Planning and Inspection presented the site noting the proposed addition is to the north side of the garage in an area approximately 9'x 35'. Hours of operation would be from 9 a.m. to 5 p.m. Monday through Saturday. The applicant plans to add a six foot extension to the south side of the two car wide driveway. It was noted the Zoning Ordinance allows goods produced on the premises to be sold as part of a legitimate home occupation; however, goods produced off the premises may not be sold. The Director of Planning and Inspection pointed out there can be no parking or even backup of traffic on Brooklyn Boulevard. To limit walk -in traffic and thus traffic congestion, he felt it may be appropriate to limit service traffic to an appointment -only situation. Next addressed was the expansion of an accessory structure for the express purpose of engaging in a home occupation. The Director of Planning and 5/26/92 -6- Inspection noted the Council has approved at least three other special use permit requests involving expansions. With regard to the garage, the door was removed in the past and replaced with windows. Thu garage has been used for storage. The Director of ylanning and Inspection recommended the garage door be put back on 50 it can function as a garage and not entirely used as a storage place for the proposed shop. Also, he reported the petitioner has expressed some concern about cold weather drafts if the garage door is replaced. Duo to this, he suggested the petitioner be required to construct a wall separating the shop from the garage area. The Director of Planning and Inspection indicated a letter of support was received from Dr. Lescault, the next door neighbor, In response to Councilmember Scott's question, the Director of Planning and Inspection explained the alteration shop is currently being conducted from the main house and basement, not the garage, Councilmember Rosene complimented staff in their effort to work with the applicant in this process and also to safeguard the quality of the neighborhood, He explained he has viewed the property and does not feel replacing the large windows with a garage door will enhance the appearance of the neighborhood or property, Councilmember Rosene pointed out this is a transitional neighborhood that is moving from residential towards more commercial uses. He felt in this case Mr. Thao would be helping that transition to occur. Councilmember Rosene stated he felt Mr. Thao had a good understanding of the English language, but wondered if the City has a translator available if the need arises. In response, the City Manager explained they have access to translators through the Police Department, but have not had to use one yet. Councilmember Rosene suggested a policy be established to encourage departmental use of translators, if necessary, The Director of Planning and Inspection clarified he is not recommending the re- establishment of the garage use of the accessory building based on appearance, but ba - :3 on the terms of a home occupation. He indicated he understands this is a transitional arc.1, but currently it is still a single family residential district and the Zoning Ordinance does not encourage conversion of existing homes into full -blown commercial uses. Also, the conditions on this application would apply to all future applications within a residential area, and the Council needs to consider the affect it will have on other areas within the City, The Director of Planning and Inspection emphasized the home occupation must remain incidental and converting the entire garage area to the shop would go beyond the bounds of the ordinance. Councilmember Rosene stated he understands the need to be evenhanded in applying the ordinance and the concerns with establishing an adverse precedence. However, in this case he felt requiring the installation of a wall and garage door may result in additional expenses at a time when the petitioner is attempting to get his business started. Since it involves a 5/26/92 -7- transitional area, Councilmember Rosene suggested the Council consider allowing a two yea time period for completion of this work, which will also allow the Brooklyn Boulevard Study to be completed. The City Manager indicated the Study will be completed is approximately six months. Councilmember Pedlar pointed out allowing one year would allow the Study to be completed. At that time the Council can look at the redevelopment of Brooklyn Boulevard and how home occupations impact the study. The Director of Planning and Inspection explained service /office commercial uses along major thoroughfares requires a minimum of one acre lots plus 150 feet of road frontagc. The Comprehensive Plan and Zoning Ordinance recommends consolidation of property into these larger parcels for commercial use. If there is a marked change in development along Brooklyn Boulevard to encourage house conversions, it may result in a problem of getting these houses to cease the residential use of the property as a shared use and to bring them into compliance with the Building Code, Fire Code, and potentially the Americans with Disabilities Act. Councilmember Cohen felt a separation wall would be necessary if the garage door is installed to eliminate fumes from getting into the shop area and clothing. He agreed installation of the garage door does not improve the neighborhood, but would help maintain the integrity of the Zoning Code by limiting the home occupation. He suggested the door be required within a time limit and then the Council could consider a temporary moratorium for any further home occupations along Brooklyn boulevard until the Brooklyn Boulevard Study is completed (unless the project involves the creation of larger commercial lots), He also supported Councilmember Rosene-'s suggestion that the use be reviewed by the Council after the Study is completed. With regard to a possible moratorium, the City - Attorney indicated in this case it would be appropriate to deal with the concern of home occupations. The City Manager pointed out there are two to three businesses pending and suggested the moratorium not affect these pending applications. Mayor Paulson opened the meeting for the purpose of a public hearing on Planning Commission application No. 92008 at 7:43 p.m. He inquired if there was anyone present who wished to address the Council. No one appeared to speak, and he entertained a motion to close the public hearing, There was a motion by Councilmember Scott and seconded by Councilmember Rosene to close the public hearing at 7:43 p.m. The motion passed unanimously. There was a motion by Councilmember Rosene and seconded by Mayor Paulson to approve Planning Commission application No. 92008, Nhia Yong Thao, 6136 Brooklyn Boulevard, for a special use permit to construct an addition to the north side of the existing garage for an alterations shop subject to the findings and eight conditions recommended by the Planning Commission - without requiring the installation of a garage door. 5/26/92 -8- Councilmember Scot p Scott expressed concern about not requiring because b vin this a p p licatio n sp ec i a l privileg viosly the dun ed a p p licants d will be ins Y� g PP P p �� g ,p Y asking for like treatment. She supported requirement of the garage door and allowing a certain period of time for completion of the work. Councilmember Pedlar concurred and indicated he supports the application but felt the garage door should be required. He added the, application can be reviewed atter the Brooklyn Boulevard Study is completed. The City Attorney recommended the Council consider requiring the restrictions at the onset rather than trying to add them after the special use permit is granted, which may result in enforcement problems, There was an amended motion by Councilmember Rosene and seconded by Mayor Paulson to r app eve Planning Commission a lication No, 920(1& Nhia Yon Thao 4136 Broo y Boulevard, for a special use permit to construct an addition to the north side of the existing garage for an alterations shop subject to the following findings and conditions. 1. The special use permit is granted for an alterations shop in the garage at 6136 Brooklyn Boulevard. The use may not be altered or expanded in any way without first securing an amendment to this special use permit. 2. Customers seeking alteration services shall be served on an appointment only basis. Hours of operation to be open to the public shall be from 9 a.m. to 5 p.m., Monday through Saturday, I Only products produced on the premises shall be sold from the premises, 4. All parking associated with the home occupation shall be on improved space provided by the applicant, The applicant shall widen the driveway by at least six feet for at least one car length in front of the garage. 5. The shop area is limited to a portion of the expanded garage. Building plans for the garage addition are subject to review and approval by the Building Official prier to the issuance of permits. 6. The garage shall be restored to the function of storing automobiles by replacing a portion of the existing wall with at least a single car garage door and a separation wall within two years of issuing the building permit for the garage expansion. 7. The applicant shall install a 10 pound fire extinguisher in the shop area, &. The special use permit is subject to all applicable codes, ordinances, and regulations. Any violation thereof shall be grounds for revocation. 9. The exterior of the addition to the garage shall be consistent with the exterior of the house and the existing garage, The amended motion passed unanimously. 5/26/92 -9- There w m as a orlon by Councilmember Cohen and seconded by Councilmember Rosene to refer the matter of a temporary home occupation moratorium along Brooklyn uoulevard to the Planning Commission for their review and recommendation to the Council. The motion passed unanimously. DISCUSSION ITEMS ADVISORY COMMISSIONS' ENABLING RESOLUTIONS The City Manager indicated the City Council, at its May 11, 1992, meeting, discussed membership and chairperson appointments for the City's advisory commissions. As directed, staff has prepared several options for proposed language amendments for the Council's consideration. Councilmember Rosene added Option 5C for consideration, which is the same as Option 5B except that "chairpersons terms shall expire on December 31, 1992," (rather than September 1, 1992). This would allow commission members to elect their chair at the first meeting of the year, when all new members would take office. Also, appointing chairs on September 1 would be before the primaries. OPTION 1 Councilmember Scott indicated she has received several calls regarding her comment at the last meeting about the position of the Planning Commission chair being more important than other chair positigns, She explained the Planning Commission, next to the Charter Commission, is the most prestigious commission in Brooklyn Center because of their work with variances, site plan review, etc. Chairing this group requires a knowledge of ordinance requirements, zoning restr'ieflons, landscaping requirements, etc. Therefore, the Chair needs more knowledge about general City policy than -needed with other commissions. Councilmember Scott emphasized other commissions are important too, but they do not need as much knowledge about Zoning Ordinance requirements. The Planning Commission Chair needs this knowledge to direct discussion to make the proper recommendation to Council. It also requires a dedicated person due to the amount of time required. she complimented anyone who was willing to take on this responsibility. ` Mayor Paulson reviewed Option 1A, amendment language which would allow commission members to appoint their chair from membership who have served for a minimum of Lwu years. This two year requirement would be waived if no candidate meets this criteria or if all eligible candidates withdraw from seeping the chair. Option 1B alIows commission members to appoint their chair from membership without the two year requirement. Mayor Paulson opened an informal public hearing at 8:10 p.m. Diane Lerbs, 5107 E. 'Twin Lake Road, agreed with the consensus of Council members to allow commissions to elect their own chair, Mayor Paulson clarified this option was proposed by him, Ms. Lerhs felt the appointment of Barb Kalligher should be rescinded and the Planning Commission members allowed to make their own appointment. 526/92 - 10 - To clarify the various options for the audience, Councilmember Rosene reviewed each and explained the differences. Mayor Paulson requested Councilmembers Pedlar and Cohen present their concerns. Councilmember Pedlar indicated this issue was brought before the Council at the last meeting, and is not a personal issue with him or other members of the Council. He felt the appointment made several meetings ago was done erroneously. Mayor Paulson asked that the Council address the item before them, not past discussion. There was a motion by Councilmember Pedlar and seconded by Councilmember Cohen to adopt Option 1A and 5A. Councilmember Rosene stated while he supports seeking a candidate that already has experience, the two year requirement in Option IA seems unreasonable to him since it would exclude the possibility of Barb Kalligher being elected as Chair of the Planning Commission. He indicated he could support the motion if Option 1A includes a clause to grandfather Gxisting chairs, Councilmember Pedlar pointed out the waiver language included in Option 1A and indicated he prefers to not remove the two year requirement. Mayor Paulson agreed with Councilmember Rosene and felt the wording does not provide due process since it does not allow a qualified newly appointed member to be conisidercd. He felt the Council should empower the commissions to make their choice and not limit candidates from the process. There was a motion by Mayor Paulson and seconded by Councilmember Rosene'to amend the motion to remove the following from Option 1A: "Prior to election to the chair, the chairperson shall have served as a member of the (planning) commission for a minimum of two years. This requirement is waived if no candidates for chairperson meet this criteria or if all eligible candidates withdraw from seeking the chair." Vote on amendment motion: Two ayes, three nays. The motion failed. Councilmembers Cohen, Pedlar and Scott voted nay. Councilmember Pedlar asked the Mayor to call the question on the original motion. Vote on the original motion: Three ayes, two nays. The motion passed. Councilmember Rosene and Mayor Paulson voted nay. In response to Mayor Paulson's question, the City Attorney explained the options were presented for Council's consideration and the Council can direct staff to prepare formal resolutions which the Council will act on at a future meeting. The amended language would not be effective until the resolution is adopted. 5/26/92 - 11 - Councilmember Scott indicated she supports election of chairs at the first regular meeting in January and felt elections at any other time of the year would be inconsistent since new 0 members begin their term the first of the year. Councilmember Rosene agreed. Councilmember Cohen questioned this proposal since the motion just adopted included Option SA which results in all chair positions expiring upon passage of the pending resolution. Councilmember Scott indicated she was not aware Option 5A had been included in the motion and preferred to act on it as a separate matter. The City Attorney explained a motion for reconsideration can be made and seconded by a member of the majority vote that passed the original motion. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to reconsider the previous motion to adopt Option 1A and 5A. Mayor Paulson indicated support of the motion to reconsider and felt it would bring consistency and fairness to the process and take it out of the political realm. Vote on the motion to reconsider: Three ayes, two nays. The motion passed. Councilmcmhers Cohen and Pedlar voted nay. Councilmember Pedlar felt the Council also needed to address the issue of fairness and consistency of the appointment process. He pointed out the City has commission mcnnLers who have served for a long time and were not considered for appointment to the position of chair, Also, delaying chair appointment until January does not address the issue of fairness or consistency, or resolwe the issue. Councilmember Pedlar indicated there are other members of the Planning Commission who have spent a great deal of their time providing support, and he felt it was doing an injustice in failing to ask them if they were interested in the position of chair. Therefore, he supports adoption of Option 5A since he felt other members of the Planning Commission deserve consideration. Mayor Paulson felt the only way to do an injustice is if the process was not followed. p painted out he did follow the process for appointment, and the Council confirmed ­ ie appointment. Mayor Paulson indicated the position for Planning Commission chair ws open for five months, and he did not hear from any commissioners or Council members regarding the appointment. He added he still has not heard from any Planning Commissioners except through articles in the newspaper. Mayor Paulson stated he felt this issue has become political because the three people opposing Barb Kalligher's appointment are the three people who will be running against her for City Council. Councilmember Rosene reviewed at one time it was the practice in Brooklyn Center for commissions to elect their own chair. Then at some point this procedure was changed so the Mayor makes the appointment which was confirmed by the Council. He asked what procedure would be taken if 5A is adopted since some commissions do not meet during the summer. 5/26/92 - 12- Councilmember Cohen explained that the present chair would remain in office until the mccting convenes and a new one is elected. He concurred with Councilmember Pedlar that the issue involves a matter of fairness to members who have served on commissions, which is why he brought the issue before the Council. He felt you need to go out and seek interested parties for volunteer positions, not expect them to approach you. Councilmembcr Cohen felt the Council erred previously by allowing the issue of Planning Commission chair to be brought up when it was not an agenda item. He pointed out that not correcting this error results in telling the Planning Commissioners and others that their service and seniority does not mean anything. Councilmember Cohen stated he supports Option 5A and felt it would put the issue to rest. Councilmember Rosene stated he supports Option 1B which would allow a top -notch commissioner, with less than two years experience, to be considered for a chair pusilioii. There was a motion by Councilmember Rosene and seconded by Mayor Paulson to adopt Option 113. Councilmember Cohen offered an amendment to the motion to approve Options 1B and 5A. (This motion died for lack of a second.) Councilmember Scott reiterated her support of making chair selections at the first meeting in January. Therefore, she does not support including 5A which would require the immediate re- election of chairs. The City Attorney clarified the proposed Resolution could contain language that the chair is elected on July 1 this year and term of office thereafter will expire on December 31 - or what ever date the Council chooses. In any event, the existing chairs will continue to serve until their successors are elected and qualified. Councilmember Scott indicated she would support Option 5A if this suggested language is included. There was a motion by Cohen and seconded by Councilmember Pedlar to amend the motion to direct staff to prepare amendments to Advisory Commissions' Enabling Resolutions as indicated in Options 1B and 5A including language that "chairpersons terms shall e.Ypi: upon passage of this resolution with the term to cxpire December 31, 1992, and thereafter chairpersons of each commission shall be selected at the first meeting in January..." Councilmember Rosene asked if the first election could wait until January 1, 1993. Councilmember Scott did not feel an extra election would be an imposition to the commissions. Vote on the motion to amend: Three ayes, two nays. The motion passed. Councilmember Rosene and Mayor Paulson voted nay. Mayor Paulson indicated he would prefer to vote on Option 1 and 5 separately. He explained that while he supports Option 1B he opposes Option 5A, Co uncilincmber Roscnc indicated he felt the same way. 5/26/92 - 13- Councilmember Cohen stated his motion contains both options. Vote on the motion as amended: Three ayes, two nays. The motion passed. Councilmember Rosene and Mayor Paulson voted nay. RECESS The Brooklyn Center City Council recessed at 9 p.m. and reconvened at 9:12 p.m. DISCUSSION ITEMS (CONTINUED) ADVISORY COMMISSIONS' ENABLING RESOLUTIONS- OPTION 3 Mayor Paulson reviewed Option 3, Representation Requirements. He pointed out that the Council still has a full agenda with important topics to discuss and suggested this matter be discussed at another meeting. Councilmember Cohen indicated he prefers to deal with the entire package tonight and would be willing to table it until the end of the meeting, There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar to move agenda item 9a to 10f. The motion passed unanimously. MANAGEMENT SALARIES The City Manager indicated earlier this year the Council approved a Request for Proposal for a compensation study of executive positions. Since the responses were rather expensive ($12,350 to $19,110), staff is suggesting an alternative to conduct an in -house study with an audit of the study results being conducted by Labor Relations Associates (LRA) for a minimal fee. Councilmember Scott stated the largest amount of the survey is accumulation of data, and due to tight budget constraints and the high cost of the study, she supports staffs alternative: to have them collect the data and have it evaluated by LIZA- Councilmember Pedlar commented on a management level compensation report he received from another community. He pointed out at previous meetings he had expressed concern with longevity and population, and it appears this report addresses those issues. Also, with recruiting a Police Chief he felt the Council needed to address this issue so they can move forward with the selection process. The Personnel Coordinator noted staff will be able to get more precise information on the number of employees, exact functions of responsibility, number of employees they supervise (both full time and part time), etc, Don Roberts, 818 Woodbine Lane, stated he has reviewed a composite of wages paid to City employees and finds it extravagant. tie felt it would be unjust to look towards what other 5/26/92 - 14- communities are paying and suggested the Council consider population, tax level, value of homes in the community, etc. He preferred to see a more innovative way to Cut taxes and help families who arc trying to make their dollar stretch. Mr. Roberts stated he prefers less government and would rather see the Mayor and Council making decisions since they can be held accountable. Councilmember Rosene stated he is also not in favor of inflationary budgets but felt the City staff was highly qualified and worked very hard for their salary. Mr. Roberts stated he also works hard and the Council should only appoint someone to the position if they have it in their heart to do their best work. He pointed out there are people in federal office and congressional representatives who have increased taxes and their own salary and not provided better leadership, so paying high salaries does not bring the best duality of service. Mr. Roberts felt too high of a salary can sometimes result in complacency. Mayor Paulson indicated the role of the Council is to set salaries, and last time this was discussed it was decided to maintain salaries of department directors until a study is completed. Now staff is asking that the study not be done. Mayor Paulson stated he is comfortable with that recommendation as long as the Council stays with the main part of their direction - to maintain salaries at their current level. He agreed public service should come into the equation at some point, and the Council needs to find ways to get more for their money S alan with better results, esu ts. Councilmember Cohen disagreed and pointed out staffs recommendation is not to delegate setting salaries but to gather information that an outside consultant would have been hired to do. He felt staff was Coming up with innovative ideas. Councilmember Cohen pointed out the City has state and federal laws that govern salary, and he felt continuing this avenue of discussion would encourage management to unionize. He pointed out executive salaries are 4.4Z`io of the total budget and the Z.9` /o increase under consideration equals .13flo of the total budget. Councilmember Cohen noted the Council agreed to get a quote for an outside independent study and staffs recommendation would still provide an outside review. Councilmember Pedlar indicated he appreciates Mr. Roberts' comments, but the City 1,.s certain guidelines they are obligated to follow regarding pay equity. He then reviewed the process and need to hire a qualified Police Chief who possesses the skill level that is in the best interest of the community. Councilmember Pedlar supported addressing salaries according to community standards and equitable pay for a job well done. He agreed employees want a raise every year because it tells them they have done a good job, HG also felt the merit system was important, but felt the Council was not in a position to debate whether municipality salaries are over aid, P tY P Mr. Roberts felt he should be able to provide some input since he is a tax payer and, therefore, pays staff salaries, He disagreed with paying high wages and did not think they could be justified to the community, 5/26/92 - 15 - Councilmember Rosene indicated he appreciates Mr. Roberts' input, but he felt staff w doing a good jot, and they work hard for what they earn. Councilmember Scott agreed and indicated she would not support spending $20,000 for a survey since staff can provide the data needed. She asked staff to provide Mr. Roberts with the survey information regarding Brooklyn Center wages as compared to 18 other communities, which also includes population data. Councilmember Scott pointed out the City is in a competitive market with other communities, which is especially true e hiring e Police Chief at this time. Mayor Paulson stated he felt every job or government agency needs to take an objective look at what they arc doing. He felt it was the Council's responsibility to establish a professional review policy. Mayor Paulson stated the City has not had a salary comparison study since 1978, but he does not feel salaries should be driven by other communities and the Council needs to consider other areas as well. Mayor Paulson then reviewed action taken at MTC regarding their union contract and the option of linking productivity to salary increases. Councilmember Pedlar stated he is not comfortable with spending $20,000 for a study due to shortfalls the City is facing this year and unknowns about next year's budget. He pointed out the data provided includes information from 14 communities and includes population, number of employees, households per employee, but Council still needs information regarding full time and part time employees and budget responsibilities in order to determine fair comparisons. Councilmember Pedlar indicated he is comfortable with approving staff's recommendation to gather data. He pointed out another issue is entry levels for a position and if responsibilities are decreased the Council should address lowering the salary range. This has not been done in the past because previous councils felt they should follow market standards. The Personnel Coordinator suggested staff prepare the additional information pursuant *o CounciI's discussion and bring it back for consideration at the second meeting in Jr:;- Councilmember Cohen preferred to resolve this matter as soon as possible sn it ca.n decided before budget discussions are started. The Personnel Coordinator felt LRA could make their recommendation to Council by the end of July. Mayor Paulson stated he also prefers to resolve it now but does not know if anyone will cliangc their minds by reviewing the study. He felt the study would probably recommend salary increases and suggested other communities such as White Bear Lake, Shoreview, Woodbury and other agencies also be included in the data. Councilmember Scott pointed out the City has not had the management compensation report updated for quite some time, and she does not feel comfortable in making a judgement on salaries until she knows what communities of comparable size and budget are paying. 5/26/92 - lb - There was a motion by Councilmember Pedlar and seconded by Councilmember Rosene to approve staffs s recommendation and direct them to conduct an in-house management salary stud with the r T y results being sent to Labor Relations Associates for an audit by Council the end of July. Vote: four ayes, one nay. The motion passed. t Mayor Paulson voted nay. TR$ATMENT OF ALGAE IN TWIN LAKES The City Manager indicated the Park and Recreation Commission recommended the Council contact the cities of Robbinsdale and Crystal to see if they will help pay for algae treatment on the Twin Lakes. This matter was also discussed at the Twin Lake Task Force meeting, but they felt their job was to work on the trail system so they took no action on the matter. Previously staff contacted these communities and they rejected the idea of contributing towards algae treatment. At that time, the Council approved treatment of the northern most lake. Councilmember Scott suggested a committee be formed of one Council member and Park Commission member from each community to discuss the matter and find an equitable solution, She felt the City of Crystal has created a major portion of the problem due to their large storm sewer trunk which empties into upper Twin Lake. Also, Robbinsdale has been receiving complaints from residents about algae and it may be a good time to re- approach them, CQuncilmember Scott indicated the city wants residents to be able continue their enjoyment of the lake, but she does not feel Brooklyn Center should bear the total responsibility. She indicated she is willing to represent Brooklyn Center on a committee of this type, In response to Councilmember Cohen's question, the City Manager explained the DNR issues a permit for treatment but no funding. Councilmember Cohen indicated support of Councilmember Scott's suggestion that she and the City Manager meet with representatives from the other two communities. He also supported working on legislation to deal with this issue since the lakes serve as a resource for future generations. There was a motion by Councilmember Cohen and seconded by Councilmember Rosenc .:o accept Councilmember Scott's offer to serve on a joint committee with representatives from Robbinsdale and Crystal to determine and recommend an equitable solution to algae treatment of the Twin Lakes, and to direct staff to contact these communities regarding this issue. Kristin Mann, 5415 East Twin Lake Boulevard, pointed out there has been a lot of rain which makes the upper lake even more green than the other two lakes. She requested the treatment of the upper lake be approved and funded from the Storm Water Utility Fund (three treatments estimated at $2,000). She added she will also bring this matter before the Task Force at their meeting next month, Ms, Mann felt Brooklyn Ccnter was in a better position than the Lake Association because they would have to circulate petitions. She asked Council to take this action now since trying to get all three communities involved will take too long to make the treatment effective. 5/26192 - 17- Councilmember Cohen amended his motion with the consent of Couneilmember Rosen (who seconded the original motion) to also direct the treatment of the upper 'Twin Lake alb a cost not to exceed $3,000 which will be funded from the Utility Fund. The City Manager indicated staff will take quotes from several companies for this work. Mayor Paulson commented this action is the same as taken last year with Brooklyn Center spending their money on the lake without ussistance from other communities. Also, using the Utility Fund results in all residents covering the cost. He indicated support of a committee meeting to attempt involvement of all communities as part of the process. Councilmember Cohen pointed out the lake is a public body, and he felt the long term solution is to seek legislation and funding through the state. If not, he felt the City has the responsibility to preserve the lake. Councilmember Rosene questioned the best way to facilitate communication with county commissioners and newly elected senators. Councilmembcr Cohen indicated the governor mandated cities work together cooperatively. He suggested the Council first wait to see if the joint committee is successful. The amended motion passed unanimously. RESOLUTIONS (CONTIN The City Manager presented a Resolution Accepting Bid and Awarding Contract for 1992 Sealcoating, Improvement Project No. 1992 -09, Contract 1992 -G. He indicated the 1992 budget, as adopted, provided $140,000 for sealcoating of streets. On April 13, 1992, the Council approved plans and specifications and authorized advertisement for bids for the 1992 Sealcoating Program. It was noted that as a result of the Financial and Service Prioritization Program, the sealcoating area was reduced resulting in an estimated $18,000 savings to the General Fund, The Director of Public Works reviewed the sealcoat area as well as the area eliminated a recommended by the Financial & Services Prioritization Program. He does not recommend the south -cast neighborhood area which lies between Logan Avenue and Humboldt Avcnuc and between 53rd and 57th Avenues North be considered for sealcoating this year since it may be reconstructed in 1993. He explained because of the reduced area and the competitive bids the low bid is just undcr $100,000, based on Option A. The Director of Public Works recommended adoption of the resolution approving Option A. Councilmember Scott indicated support of including more options with the bid which resulted in very competitive bids. She also supports the use of trap rock rather Than granite. The Director of Public Works reviewed the types of rock to be used. 5 /26/92 - 18 - 0 RESOL UTTON NO 92 -124 Mcmbor Culia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 1992 SEALCOATING, IMPROVEMENT PROJECT NO, 1992 -09, CONTRACT 1992 -G The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. The City Manager presented a Resolution Authorizing Execution of Contract With Brooklyn Peacemaker Center for Services Relating to Domestic Abuse Intervention Program. He indicated the Brooklyn Peacemaker Center has agreed to administer this program, along with the juvenile shoplifting diversionary program for first -time offenders, Also, Robbinsdale and Champlin were contacted and have expressed definite interest in joining this program, The Robbinsdale and Champlin City Councils have voted to put up to $3,000 each in "Seed money" for 1992, which will be used to recruit and train volunteer advocates in their communities, They both plan to be fully operational on January 1, 1993. Councilmember Pedlar declared a conflict of interest since he is a member of the Peacemaker Center Board, He then excused himself from the meeting. g Jody Brandvold, 5538 Colfax Avenue, Chair of the Brooklyn Center Peacemaker Center, indicated, if approved, they would administer the Brooklyn Center program for the remainder of the year. They have made a tentative offer for the coordinator position to Lisa Growette who is highly qualified and recommended by Annc Marshall (previous coordinator). She explained they have moved forward quickly with this aspect Since the program is only funded until July 1st, and to prevent a break in service. Councilmember Rosene requested a breakdown for the $20,000 cost for the remainder of 1992, Ms. Brandvold indicated she will provide the Council with a copy of their tentative budget established for July J. through December 31, 1992. She added they will not sF # ,J any money on training since the cities of Robbinsdale and Champlin will be involved it. In response to Councilmember Rosene's question, Police Captain Downer indicated they know of no other programs that could be explored. But if this proposal does not work out, they could contact another existing program and become part of that program. Mayor Paulson questioned a portion of the staff report which indicated "On July 1, 1992, the Peacemaker Center will take over the administration..." He pointed out this is the first time the matter has come before the Council, but it appears the decision has already been made. Mayor Paulson stated he felt the Council should be involved in making this important policy decision. Police Captain Downer clarified that the suggestions in the staff report are subject to Council approval. The City Manager added staff has kept the Council up to date with written and verbal communications about meetings with other communities 5/26/92 - 19- that were interested. If requested, he will provide those letters to Council for their revie He agreed the intent of the staff report is not to be directive, but as part of the proposal Police Captain Mine explained they originally looked for whatever alternatives possible to continue the program including contacting the program out to another community or becoming part of an existing program, They requested bids and the Peacemaker Center was the only one that responded. Mayor Paulson stated he understands it is an excellent service and asked if cost is the only factor in considering this change. Police Captain Kline indicated they are attempting to make it as cost effective as possible. The City Manager clarified there is no suggestion to reduce the level of commitment to the Domestic Abuse Intervention Program, but simply a proposal to return to a contract type of management that is locally based. Previously the management was contracted out to Anne Marshall, who has now retired, City staff is suggesting the return to the same administration policy as used in the past. He pointed out that this proposal only addresses the administration, which is a small part of the entire program and commitment, Councilmember Cohen agreed the mandate of the Council was to reduce costs but to keep the directive of the program. He felt the proposal will allow the same program to continue with the same level of service. Nancy Carlson questioned the program and asked if an entry-level police officer could be used rather than spending the money outside of the program. Ms. Brandvold explained the Peacemaker Center is a non -profit organization and can administer the program at the same level of service for one -half of the current cost. To avoid controversy, Couneilmember Scott suggested future staff reports contain wordage such as "upon adoption ". The City Manager agreed. Mayor Paulson stated addressing domestic abuse is a number one concern and he felt the Police Department was doing an excellent job along with volunteers and staff, and if the only consideration is cost effectiveness perhaps no changes should be made. He felt o. - ' options and bids should be considered as well as what other communities are doing. Ma_ it , Paulson asked if Brooklyn Center could form a partnership with other communities and turn the program into an enterprise that other communities could enter and help support. He agreed some services are proper to contract out, but with others is not proper to move towards privatization. Mayor Paulson expressed concern regarding the Peacemaker Center based on a EM article about the Family Conflict Resolution Center. He supported continuing the program as it currently is and tabling action to take bids, review budget information, etc. Also, the new Police Chief may have other suggestions about how to best integrate the program. Police Captain Downer pointed out as of July 1, 1992, the program will be over. He added they already contacted other communities and found only CYystal had a Domestic Abuse Intervention Program in place. Mayor Paulson indicated he is comfortable with the current situation and felt it was not a "life or death" situation with continuing the program. He 5/26/92 -20- preferred to research other alternatives. The City Manager indicated staff did contact other communities. He clarified staff was not attempting to establish policy, and the only change, if approved, will be to go back to administering the program similar to when Ann Marshall was involved. Councilmember Rosene felt the Council could table confirmation until the next meeting so they can review the tentativc budget and resume of the proposed director. Councilmember Scott stated she understood the Mayor's comment regarding it not being a "life and death" situation as it relates to making a decision tonight and continuity the program; howcvcr, the type of intervention provided by this program is vitally important to those in need, She, felt no other program in the state could compare with the City's Domestic Abuse Intervention Program and the personal touch provided. She felt morc communities (besides Robbinsdale and Champlin) will become involved and will consider it at the beginning of their budgeting process. Mayor Paulson agreed the program is vital to those families in need and no one can calculate the number of lives that have been saved by this program. Ms. Brandvold explained the Peacemaker Center is run by an independent board of directors and not associated with the organization mentioned earlier by Mayor Paulson. The Peacemaker Center also has an advisory council made up of citizens who advise the board about direction they would like to see, of which Mayor Paulson's wife is a member. The City Manager reiterated his previous comments regarding the administration being a small part of the overall program and commitment.- The City Attorney painted out the Council can terminate the proposed agreement with the Peacemaker Center with thirty days notice. Also, the term of the contract goes only to the end of the year. He pointed out the difficulty involved if the Police Department continues administering the program and also being involved with recruitment and training of volunteers in the cities of Robbinsdale and Champlin, The City Attorney explained at the end of the year, a joint powers agreement between the cities will be addressed. In response to Mayor Paulson's question, Police Captain Downer indicated they will be meeting with volunteers every two weeks, on Monday evenings, and will continue to do so. They provide an update and dispel rumors at these meeting, Mayor Paulson indicated he would like to attend their next meeting to get input from the volunteers. Ms. Caldwell responded to Councilmember Cohen's question by explaining they have interviewed Lisa Urowette, and the board of directors has tentatively approved hiring her as recommended by Ann Marshall. Upon approval by the Council, they will formalize this offer. She felt Ms. Growette would have no problem stepping into the programming and providing recruitment and training of volunteers from other communitics. In fairness to the program and new coordinator, she felt thcy needed to provide enough time for her to 5/26/92 - 21 - become familiar with the advocates before the present coordinator leaves. Ms. Caldwe pointed out tabling the matter until June will be cutting this valuable time quite short, Councilmember Rosene explained he does not mean to inconvenience anyone, but had anticipated being more accountable to residents with more information than what has bccn provided. Ms. Caldwell commented in education how to make your ultimate decision on what is best for the students, and in this case the ultimate decision must be made based on what is good for the victims, Councilmember Cohen indicated he is comfortable with moving forward and does not see what will be gained by additional information. He suggested the information being requested be provided for Council's review, but he felt the program was working well and he does not want to jeopardize its continuing success. Mayor Paulson supported continuing the program in its current form and tabling action until staff can get bids, provide the tentative budget and visit additionally with volunteers. Councilmember Cohen felt staff had already gone through the process of looking for other alternatives. RESOLUTION NO. 92 -125 Mcmbcr Philip Cohcn introduccd the following resolution, moved its adoption and dircctcd staff to provide the Council with the tentative budget and resume of Lisa Growcttc: RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH BROOKLYO PEACEMAKER CENTER FOR SERVICES RELATING TO DOMESTIC ABUSE INTERVENTION PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott. Councilmember Rosene indicated he will support the motion since the contract contains a thirty day cancellation clause and the Council will be looking at the program again at :le end of the year. Also, the proposal will result in a $30,000 savings per year. Mayor Paulson felt the Council had not been part of the process so he would prefer to see the program continue as it is with funding from the Contingency Fund until all possible options can be researched and reviewed, Vote. Three ayes, one nay. The motion passed. Mayor Paulson voted nay and Councilmember Pedlar was not present, having excused himself from the meeting at the start of this agenda item. Councilmember Pedlar returned to the meeting. 5 /26/92 -22- The City Manager presented a Resolution Authorizing Execution of Lease Agreement with Weis Asset Management, Inc, for Use of Storefront at Humboldt square Shopping Center for Police Department Substation. He explained the proposal is to establish a substation at the Humboldt Square Shopping Center. Initially the substation will be staffed from 7 to 10 p.m., Tuesdays through Saturdays. Thcse officers will also be responsible for staffing the substation at 74th and Regent and the mobile substation which will be manned in various parks and neighborhoods evenings from 4:30 to 6,30 p,m, Police Captain Kline added they have met with tenants of the Humboldt Square Shopping Center who support the proposal. With regard to the rent, the City Attorney indicated it will be $1 per year with the City paying for one -half of the utilitieS, He reported Klem Springer of Weis Asset Management graciously met the City's requests with regard to the lease agreement. Councilmember Scott stated she received calls from several tenants who indicated their support of thG proposal, She felt the creation of this substation would help solve some problems in this area and provide good community relations with the Police Department, Councilmember Rosene concurred and complemented staff for their work on this matter. With regard to volunteers, Police Captain Kline encouraged residents and Council members to volunteer their time towards this effort. He indicated they will be sending out flyers that request volunteers and provides for that process, Councilmember Rosene relayed a concern he received from a resident about having to take officers off of the street to man the substations. Police Captain Kline stated volunteers are welcome. It was noted Officer Steve McComb can be contacted by Crime Watch Groups who want additional information. RESOLUTION NO.92 -126 Member Dave Rosene introduced the following resolution wid moved its adoption, RESOLUTION AUTHORIZING EXECUTION OF LEASE AGREEMENT WITH WEIS ASSET MANAGEMENT, INC. FOR USE OF STOREFRONT AT HUMBOLDT SQUARE SHOPPING CENTER FOR POLICE DEPARTMENT SUBSTATION AND AMEND THE 1992 GENERAL FUND BUDGET TO FUND THE SUBSTATION The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. ADVISORY COMMISSIONS' ENABLING RESOLUTIONS (CONTINUED) OPTION 3 Councilmember Scott suggested Option 3 be revised to indicate the Council will rM to achieve geographical, gender religion, ethnic, racial, age, handicapped, etc. distribution so it does not limit someone because they are not in the right gender, race or location. She supported the proposed language as long as it is noted that geographical distribution is more important with some commissions than it is with others. 5/26/92 -23- A lengthy discussion ensued regarding the need to divide the community into geographical areas similar to those used with the Planning Commission which is divided into six districts It was noted that park districts are based on location of parks, 0 Mayor Paulson asked if district boundaries should also apply to Council members. Councilmember Cohen indicated that is not the issue at hand, however he feels Council members are elected at large so everyone has a chance, With other commissions and boards, he felt the C:ounciI needed to assure the membership represents the entire City, Mayor Paulson requested language changes to include the Mayor and Citv uncil There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve Option 3 as follows: Reoxesentation 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 10, and the representative nature of the Commissions in terms of gender, religion, ethnic, racial, age, handicapped, employee and employer groups. At Councilmember Pedlar's request, Councilmember Cohen expounded on the possibility Of dividing the community into six districts similar to that used with the Planning Commission so geographical balance is not left to chance. Mayor Paulson agreed configuration of boundaries, keeping with neighborhood boundaries, will provide consistency and uniformity. The Personnel Coordinator provided a further review of how the various* commissions use districts. The City Manager pointed out the Drug Awareness Group has no districts since it includes outside membership and representatives. Councilmember Pedlar indicated support of districting which he felt would address geographical distribution and provide opportunity to have diverse opinions on the committees. Councilmember Rosene requested the motion on the floor be voted on and the matte: " districting be handled as a separate matter. The motion passed unanimously, There was a motion by Councilmember Pedlar and seconded by Councilmember Cohcn directing staff to develop consistent district lines and determine current representation of all commissions for consideration at the June 8, 1992, Council meeting, It was noted if commission membership outnumbers districts, the remaining members will be appointed at large. Existing membership will be allowed to continue and replacement by district handled through attrition. The first priority for appointment will be geographical district, but if no one is interested the position will be filled at large. The City Manager agreed the policy needs some flexibility. 5/26/92 -24- The motion passed unanimously. OP QN 2 To assure an open appointment process, Councilmember Cohen sup ported where vacw,(;irs are made known including posting for a thin da ppo ted a procedure taken by the Council. Notice of the vacancy should also be sent p e r iod to he newspaper o and advertised on Cable TV. Councilmember Cohen also suggested the application form be revised to request more information regarding the applicant's area of expertise, etc. He also supported a policy where the Mayor resents the nominee _ l a Y eeatar the Council p r egular Council meeting and ac ts on it at the foll owing o lowing meeting. Mayer Paulson requested the term "Mayor" remain in the appointment procedure. Councilmember Cohen concurred. There was a motion by Councilmember Cohen and seconded b Councilmember Scott to a r � Y pp ove Option 4 as presented with the addition of: inform nform the or and Ci Council of such automatic resignations, . y Councilmember Scott requested a procedure be followed where copies of the applications are forwarded to the Council for review, There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to amend the motion to add the following. " ... and must be submitted in writing to the City Clerk who shall forward copies of appllQu2ms la the Mayor and Council Mayor Paulson Y clarified it will be staff's responsible to forward these applications. The City Manager suggested it be the responsibility of the City Clerk's office. he indicated staff will draft resolutions incorporating the amendments for the Council's consideration. The City Manager stated staff will also revise the application form as suggested by Councilmember Cohen so it includes more information. The amended motion passed unanimously. ADJOURNMENT ` There was a motion by Councilmember Cohen, and seconded by Councilmember Pedlar to adjourn the meeting, The motion passed unanimously. The Brooklyn Center City Council adjourned at 12.02 a.m. on May 27, 1992. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Carla Wirth Northern Counties Sccrctarial Services 5/26/92 -25- CITY OF BROOKLYN CENTER coma Meeting Date run 8. 1992 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: MAYORAL APPOINTMENT FOR PLANNING COMMISSION ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: paa Patti A. Pa &, Deputy City Clerk MANAGER'S REVIEW/RECOl��IENDATION. �. v No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) • Attached are two applications for membership on the Planning Commission. I also sent out an application on Wednesday, June 3, 1992, for this Commission. I would expect to have the completed application in the next two weeks. • APPLICATION FOR APPOINTMENT TO THE BROOKLYN CENTER PLANNING ADVISORY COMMISSION 1. Name 2. Address (g11 �m�cS�Ari� 1��R -t�-� Phone - ff jo 3. How long have you been a resident? [b VQa. 4. List special interests, qualifications, experience which you feel relate to this appointment: - continue on back - 5. Additional remarks concerning your ideas or observations on the role of the Commission: - continue on back - 6. Are you familiar with the purpose, authority, and responsibility of the' Commission as described in the Zoning Ordinance? Yes X No 7. Are you aware of the importance of regular Commission meeting attendance (normally twice a month on the 2nd and 4th Thursday nights) , and do you feel you have the time available to be an active participant? Yes X No Comments: Sign ture Date Submit to: Mayor City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 APPLICATION [PLANCOMM.APP] FOR APP1OINTMENT T THE BROOKLYN CENTER PLANNING ADVISORY COMMISSION Name l?4 Address 6,31 ae %C , 5 15q3 0 Street Zip Code Telephone Home G ' 3 // �_ Work Occupation H6 6 W f wl cJ--f ✓` Years lived in Brooklyn Center wo I have read the Planning Commission Enabling Resolutions (Resolution Nos. 87 -87 and 87 -134) and Sections 35 -201 and 35 -202 of the Zoning Ordinance, which define the purpose, authority, and responsibility of the Brooklyn Center Planning Commission. Yes No Comments Are you aware of the importance of regular Commission meeting attendance (normally twice a month on the 2nd and 4th Thursday nights), and do you feel you have the time available to be an active participant? Yes t/ No Comments List special interests, qualifications, experience which you feel relate to this appointment: ' r^ P Additional remarks concerning your ideas or observations on the role of the Commission: ILI � r s � U o2 9a Signature Date Submit to: Mayor Todd Paulson City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 1Q%THLF 6312 Brooklyn Drive Brooklyn Center, MN 55430 (612) 566 -3114 E}RIfl10E: Commissioner, Human Rights & Resources May 1990 - current City of Brooklyn Center, MN Address issues facing citizens of Brooklyn Center and advise city council on charitable contributions to civic organizations. Treasurer, Council of Cath. Women May 1990 - current St. Alphonsus Catholic church Brooklyn Center, MN Responsible for approx. $20,000 cash flow, three bank accounts, and passing an annual audit. Associate Manager Oct. 1983-March 1986 Rax Restaurants, Inc. Minneapolis, MN Managed daily work shifts at the restaurant. Prated from Assistant Manager to Associate Manager in 1984. Created an incentive plan that doubled as a training program. Responsibilities included: • Personnel activities such as hiring, performance reviews, warnings and terminations. • Cost control and cash management. • Customer relations. • Preparing weekly P & L statements. * Training several Assistant Managers. Night Auditor May 1983 -Sept. 1983 Dunfey -Omni Hotels Minneapolis, MN EDUCATION: University of Minnesota, Carlson School of Management MBA degree awarded June of 1987 Concentration: operations Management • Field Project: Analyzed Minnegasco's inventory accounting system and proposed a solution to its problems. • Project: Proposed an MRP I system for Excello to fit its manufacturing environment. • u Pr� j ^ cr ^t: Used a cust�� com ut°r program to solve a bake -1T : distribution problem. • Case Studies: Analyzed various methods such as JIT, MRP, PERT, and GANT charts. • P.C. Programs: Operated Lotus 123, Easy Flow, and Word Perfect. Southwest State University Marshall, MN Bachelor of Science -Hotel and Restaurant Management May 1983 Graduated Cum Laude * Projects included a Food and Beverage analysis for Radisson Hotels, a Sales and Marketing analysis for Holiday Inn International, and a Marketing analysis for Radisson Hotels. CS:S: Available upon request. CITY OF BROOKLYN CENTER Council Meeting Date 6/8/92 Agenda Item Number 9Q� REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: DISCUSSION ITEM: BROOKLYN CENTER COMMUNICATIONS TASK FORCE RECOMMENDATION TO HIRE A PART -TIME COMMUNICATIONS COORDINATOR DEPT. APPROVAL: Geralyn . Barone, Personnel Coordinator MANAGER'S REVIEW/RECONEVIENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) • Dr. Fred Ca Shaw, chairperson of the Brooklyn Center a h i P d hoc communications k rP y s tas force, will be at the city council meeting to present the task force's recommendations regarding a part -time communications coordinator. Attached is a memo to the council from the task force justifying this position; a copy of the part- time communications coordinator position description; and an outline of current and ongoing expenses for the position. Should the council approve the task force's recommendation, it would be necessary to prepare a resolution amending the budget to transfer monies from the contingency fund to the applicable general fund accounts. RECOMMENDED C MENDED CITY COUNCIL ACTION. Discuss the communications task force recommendation to hire a part -time communications coordinator. MEMORANDUM TO: Brooklyn Center Mayor and City Council FROM: Brooklyn Center Ad Hoe Communications Task Force DATE: May 20, 1992 SUBJECT: Proposed Communications Coordinator Position The Brooklyn Center ad hoc communications task force is concerned about the negative image being portrayed of Brooklyn Center and is proposing a recommendation that will send a message that Brooklyn Center is a good place to live and /or work. The task force also understands the financial constraints under which the City is currently operating. With this in mind, the task force recommends the city council review and favorably consider the following proposal developed by the task force. The task force agrees that the number one priority for improving the image of Brooklyn Center is to better market the community's amenities (including the park system, shopping areas, schools, housing stock, businesses, etc.). The City has a substantial investment in its housing stock and businesses, and if these deteriorate, so will the tax base and funding available to pay for police, public works, and recreation services. The task force had initially drafted a lengthy position description for a full -time communications coordinator position. The task force prioritized tasks outlined in this description and has revised and reduced it to a part -time position (20 hours /week). ' The main focus of the part -time job would be to market Brooklyn Center. This would be done in the following areas: 1. Coordinate communication with citizens Includes City newsletter, cable TV, news media, and citizen inquiry and response process. 2. Coordinate communication between staff and the public 3. Coordinate employee communication 4. Coordinate marketing of the City Includes community information packet, enhancing the City logo, and serving as liaison to community groups. A complete position description is attached. Duties eliminated from the original position description include development of a communications plan (this could be developed by the task force); serving as volunteer coordinator (this could be a full -time position in and of itself); organizing special events; and providing general administrative support such as researching and writing reports and speeches and scheduling for elected and appointed City officials. Memorandum Page 2 May 20, 1992 The cost of a part -time position in 1992, which includes P expenses enses for five months, P office furniture and equipment, and computer equipment, is about $16,200. Annual ongoing expenses for personnel and miscellaneous expenses is around $21,000. Currently the City pays around $6,600 annually for consulting services to prepare the City newsletter. The net ongoing expense of a part -time communications coordinator is $14,400. The communications task force asks the city council to seriously consider this proposal to meet an urgent need in our community. Attachment ESTIMATED EXPENSES RELATED TO PART -TIME COMMUNICATIONS COORDINATOR POSITION 1992 Personnel* (August- December, 20 hrs /wk) $ 8,000 Office Furniture & Equipment 2,400 Computer Equipment 5,800 TOTAL 1992 EXPENSES $16,200 ACTUAL ANNUAL ONGOING EXPENSES Personnel* (20 hrs /wk) $20,000 Miscellaneous Supplies 1,000 TOTAL ONGOING EXPENSES $211-0-00 NET ANNUAL ONGOING EXPENSES Total Ongoing Expenses $21,000 Current Newsletter Consulting Services (6,600 NET TOTAL ONGOING EXPENSES 14 400 * Wage range S14A - S18C; rates calculated based on S16C (going rate) Includes social security, PERA, and Medicare DRAFT 5/92 CITY OF BROOKLYN CENTER POSITION DESCRIPTION POSITION IDENTIFICATION TITLE: Part -time Communications Coordinator DEPARTMENT: City Manager's Office STATUS: Nonexempt SALARY SCHEDULE: DATE WRITTEN /REVISED: May 1992 POSITION OBJECTIVE The primary objective of this position is to coordinate the City's communication activities both externally and internally. This position will provide information to the residents and workforce of the City and contribute to the development of an increased sense of identity of the City through marketing efforts. This position works under the general administrative direction of the city manager and performs skilled, professional, and technical tasks. DUTIES AND RESPONSIBILITIES 1. Coordinate communication with citizens. a. Brooklyn Center City Newsletter. 1. Coordinate content, production, and distribution of the City's newsletter. 2. Ensure the creation and maintenance of a historical file with copies of every issue of the 'City newsletter. b. Cable television government access channel. 1. Coordinate the programming of the government access cable television channel. 2. Oversee the cable casting of city council meetings. 3. Develop and assist others in the development of cable television presentations regarding specific City programs or activities and current City issues of interest to the general citizenry. 4. Ensure the creation and maintenance of a video library of city council meetings, other City meetings, City - sponsored activities, and television programs/ segments regarding the City. 5. Provide for the video taping of City meetings, City- sponsored events, daily work activities and television broadcasts regarding the City, as required or requested. C. News media. 1. Regularly provide articles about specific City programs or activities of general interest to newspapers, radio stations, and television studios which provide service to the City. Assist other departments in preparation of articles for publication or broadcast. 2. Coordinate all information provided by the City to the news media. 3. Coordinate and monitor all City - related press releases. 4. Ensure the creation and maintenance of a "clipping" file for reference and historical purposes of published articles regarding important City issues. d. Citizen inquiry and response process. 1. Respond to citizen inquiries as directed, answering correspondence, phone inquiries, and How Are We Doing forms. 2. Work with City employees as directed to insure that accurate information is disseminated in response to public and media inquiries. 2. Coordinate communication between staff and the public. a. Act as an advisor to the city manager and department heads on internal and external communication issues. b. Assist City personnel in the development of presentations. c. Train, or provide for training of, employees in effective communication techniques. d. Produce and update a guide to standardize the style and format of City written materials. f. Provide support for departments in writing, designing, and publishing in -house publications such as brochures, books, and articles. 3. Coordinate employee communication. a. Coordinate the content, production, and distribution of the monthly internal employee newsletter. b. Assist staff in the development of communication and recognition programs for City employees. 4. Coordinate marketing of the City. a. In cooperation with the various school districts and the business community, maintain a detailed community , information packet for new residents and /or businesses.. b. Assist in the development of an increased sense of identity of the City by enhancing the City logo and other images of the City. c. Serve as liaison for marketing Brooklyn Center to the North Metro Tourism Bureau, Brooklyn Center Chamber of Commerce, and Earle Brown Heritage Center. KNOWLEDGE, SKILLS, AND ABILITIES 1. Knowledge of journalism and media techniques which provide a basis for reaching specific targeted audiences. 2. Knowledge of public relations, marketing, and community affairs field. 3. Skill in the use of computer equipment and software including word processing (WordPerfect 5.1 for Windows) and desk top publishing. 4. Skill in the use of video production equipment and production techniques. 5. Excellent ability to effectively communicate both orally and in writing using various formats and in a variety of situations. 6. Ability to work independently, providing self - direction. 7. Ability to develop, organize, and administer various organizational procedures. 8. Ability to deal tactfully and effectively with all City elected officials, personnel, outside agencies, and the general public. 9. Ability to assess and resolve problems with the tools available to do so. REQUIREMENTS 1. Training, experience, and education substantially equivalent to a bachelor's degree in Public Administration, Business Administration, Communications, Public Relations, or related field required. 2. Three to five years experience in promotions, public relations, community affairs, or related field required. 3. Working experience in local government or covering local government as a journalist preferred. POSITION DESCRIPTION APPROVED By City Manager Date Approved CITY OF BROOKLYN CENTER council Meeting Dace June s, 1992 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: FINANCIAL TASK FORCE RECOMMENDATION ON FINANCIAL MANAGEMENT POLICIES DEPT. APP Gerald . S ter, City Manager MANAGER'S REVIEW/RECOMIMENDATION: No comments to supplement this report Comments below /attached SU EMIARY EXPLANATION: (supplemental sheets attached ) Attached please find a copy of proposed financial policies for the City of Brooklyn Center. This document contains a compilation of existing policies and some new and modification of existing policies. The Financial Task Force has reviewed, discussed and approved this document and recommends it to the Council for their adoption. The policy document presented has been developed by Mr. Holmhmd, Finance Director, and has been reviewed and approved by the City's auditors. Brooklyn Center's Financial Task Force expended significant amounts of time in discussing, developing and modifying certain sections of this policy document. Among the major areas of consideration and discussion were the following: cost recovery, fees for service, planned use of fund balance for funding current year budget, and modification of the fund balance formula. On Monday evening, Mr. Holmlund, Finance Director, will present a summary review of the policy for your consideration. Members of the Financial Task Force will be prepared to comment on those sections in which they have special interest. RECOMMENDATION The City staff and the Financial Task Force recommend favorable consideration of a motion to adopt the proposed Financial Policy document as an official City policy. DRAFT City of BROOKLYN CENTER, MINNESOTA PROPOSED FINANCIAL MANAGEMENT POLICIES I. PURPOSE The City of Brooklyn Center has a responsibility to its citizens to carefully account for public funds, to manage municipal finances wisely, and to plan the adequate funding of services desired by the public, including the provision and maintenance of public facilities. The City also has the responsibility to its citizens to provide both short -term and long -term future financial stability. The City must ensure that it is capable of adequately funding and providing local government services needed by the community. Further, the financial policies set forth herein, provide the basic framework for the overall fiscal management of the City. Operating independently of changing circumstances and conditions, these policies assist the decision making process of the City Council and Administration. Most of the policies represent long standing principles, traditions and practices which have guided the City in the past and have helped maintain financial stability over the past years. These financial policies will be reviewed periodically to ascertain if modifications are necessary. II. OBJECTIVES In order to achieve this purpose, this plan has the following objectives for the City's fisca'_ , performance: 1. To protect the City Council's policy- making ability by ensuring that important policy decisions are not controlled by financial problems or emergencies and to prevent financial difficulties. 2. To provide sound principles to guide the important decisions of the City Council and of management which have significant fiscal impact and to enhance the City Council's policy- making ability by providing accurate information on program costs. 3. To set forth operational principles which minimize the cost of local government, to the extent consistent with services desired by the public and which minimize financial risk. 4. To employ revenue olicies which prevent undue or unbalanced reliance P P ace on certain revenues, especially property taxes; which distribute the costs of municipal services April 24, 1992 -1- DRAFT fairly; and which provide adequate funds to operate desired program and assist sound management of the city government by providing accurate and timely information on financial conditions. 5. To provide essential public facilities and prevent deterioration of the City's public facilities and its capital plant. 6. To protect and enhance the City's credit rating and prevent default on any municipal debts. 7. To ensure the legal use and protection of all City funds through a quality system of financial and internal controls. 8. The City Will maintain a Risk Management Program that will minimize the impact of legal liabilities, natural disasters or other emergencies. III. FINANCIAL MANAGEMENT POLICIES aprtrtmrravxner Budge �olrges 1. The City will make all capital improvements in accordance with an adopted Capital Improvement Budget. 2. The City will develop a multi -year plan for capital improvements and update it at least biennially. 3. The City will enact an annual Capital Budget based on the multi -year capital improvement plan. Future capital expenditures necessitated by changes ir, population, changes in real estate development, or changes in economic base wi `. be calculated and included in Capital Budget projections. 4. The City will coordinate development of the Capital Improvement Budget with the development of the operating budget. Future operating costs associated with new capital improvements will be projected and included in operating budget forecasts. 5. The City will use intergovernmental assistance to finance only those capital improvements which are consistent with the adopted capital improvement plan and City priorities, and for which operating and maintenance costs have been included in operating budget forecasts. 6. The City will project its equipment replacement and maintenance needs for the next several years and will update this projection each year. From this projection, a maintenance and replacement schedule will be developed and followed. April 2.3, 1992 DRAFT 7. The City staff will identify the estimated costs and potential funding sources for each capital project proposal before it is submitted to the City Council for approval. 8. The City will determine the least costly financing method over the length of all new projects. B Rvercue 1'�le� 1. The City will attempt to maintain a diversified and stable revenue system to shelter it from short -run fluctuations in any one revenue source and to minimize property taxes. 2. The City will estimate its annual revenue by an objective conservative analytical process. 3. The City will project revenues for the next three years and will update this projection annually. Each existing and potential revenue source will be reexamined annually. 4. The City will maintain sound appraisal procedures to keep property values correct. Property will be assessed at the legally mandated mark g y et value for each type of property. Reassessments will be made of all property at least every four years. 5. The City will follow an aggressive policy of collecting property tax revenues. The annual level of uncollected property taxes should generally not exceed two percent. 6. Each year the City will recalculate the full costs of activities supported by user fees to identify the impact of inflation and other cost increases. 7. The City staff will recommend revised user fees with review by the City Council on an annual basis, to adjust for the effects of inflation on the City's cost of providing services. 8. The City will set fees and user charges for each Enterprise Fund, such as Water and Sewer, at a level which fully supports the total direct and indirect costs of the activity. Indirect costs include the cost of annual depreciation of capital assets. 9. Whenever user charges and fees are determined to be appropriate for City services, those charges and fees will generally be established at a level which will recover the full cost of providing the service, including administrative costs. April 24, 1992 - 3 ., DRAFT C .I�e7�t Paltcae. 1. The City will confine long -term borrowing to capital improvements or projects which cannot be financed from current revenues. 2. When the City finances capital projects by issuing bonds, it will pay back the bonds within a period not to exceed the expected useful life of the project. I On all projects, at least 50% of the principal shall be retired within ten years. 4. The City will attempt to keep the average maturity of General Obligation Bonds at or below 20 years. 5. Total debt service for General Obligation debt will not exceed five percent of total annual locally generated operating revenue in the general, special revenue, and proprietary funds. 6. Total General Obligation debt will not exceed two percent of the market valuation of taxable property. 7. Where possible, the City will use special assessment, revenue or other self - supporting bonds instead of General Obligation Bonds. 8. The City will not incur debt to support current operations. 9. The City will maintain good communications with bond rating agencies regarding its financial condition. The City will follow a policy of full disclosure in every financial report and bond prospectus. 10. Direct net -debt (gross debt less debt fully supported by revenues) per capita shai'` not exceed $600 per capita. 11. The City will require Minimum Assessment (Taxable Valuation) Agreements on all projects in which p ] c the City s providing development ty p g assistance through tax increment financing or committing its bonding authority. This will ensure minimal cash flow (increment) to repay obligations, provide another level of review before commitment (by the City Assessor), and to the minimal value agreed upon, eliminate tax appeals during the agreement period. C'SGN�bIICiG�S 1. The City will maintain an undesignated and unreserved General Fund balance in an amount determined by applying the Adequate General Fund Balance Policy Fonnula as established by the City Council. The formula shall be reviewed annually by the April 24, 1992 -4- DRAFT City Council. The formula shall be designed to establish a fund balance at a level which is sufficient to avoid issuing debt to meet current operating needs. 2. If the City Council deems it appropriate to reduce fund balances for the portion above the formula amount, such reductions shall not exceed 50 of the excess for one year. Tnve�tricer� �alicr�s:: ` < %> : ` > 1. The City will make cash flow analysis of all funds on a regular basis. Disbursement, collection and deposit of all funds will be scheduled to ensure maximum cash availability. 2. When permitted by law, the City will pool cash from several different funds for investment purposes. 3. The City will invest at least 98 percent of its idle cash on a continuous basis. 4. The City will analyze market conditions and investment securities to determine what yield can be obtained, and attempt to secure the best possible return on all cash investments. 5. The City's accounting system will provide regular information concerning cash position and investment performance. 6. The City will maintain a formal written investment policy which will contain legal and administrative guidelines necessary to ensure that the City's available funds will be invested to the maximum extent possible, at the highest rates obtainable at the time of the investment, consistent with minimizing credit and market risk and whic'-; . provides proper safeguards for the keeping of the City's investments �#ccoauitcn ; tuditM and Fuiat ial Reparnrig Pal cr�s 1. The City will establish and maintain a high standard of accounting practices. 2. The accounting system will maintain records on a basis consistent with accepted standards for local government accounting using a modified accrual basis of accounting for all governmental funds and an accrual basis of accounting for Enterprise and Internal Service Funds. Accounting policies will reflect the principle of charging current taxpayers and /or users for the full cost of providing current services. 3. Regular monthly and annual financial reports will resent a sum p p wary of financial activity by major types of funds. April 24, 1992 -S- DRAFT 4. Where possible, the reporting system will provide monthly information on the total cost of specified services by type of expenditure and, if necessary, by fund. 5. An independent public accounting firm will perform an annual audit and will publicly issue an opinion concerning the City's finances. 'cslc l farz,a M. Palacr�s 1. The City Will maintain a Risk Management Program that will minimize the impact of legal liabilities, natural disasters or other emergencies through the following activities: a. Loss Prevention. Prevent negative occurrences. b. Loss Control. Reduce or mitigate expenses of a negative occurrence. C. Loss Financing. Provide a means to finance losses. d. Loss Information Management. Collect and analyze relevant data to make prudent loss prevention, loss control and loss financing decisions. 2. The City's Risk Management Program will: a. Analyze all of the City's risks. b. Avoid risks whenever possible. C. Reduce risks whenever possible. d. Transfer risks to other entities when possible. e. Of those risks that must be retained, it shall be the City's policy to fund risks which the City can afford and transfer all other risks to insurers. 3. The City will maintain an active Safety Committee comprised of City employees. 4. The City will periodically conduct educational safety and risk avoidance programs, through its Safety Committee and with the participation of its insurers, within it various departments. 5. The Safety Committee will report to the City Manager, at least annually, on the results and costs of the City's Risk Management Program for the preceding year. The City Manager shall report annually to the City Council. Opetatirtr l uclgcr .P ltc zee 1. In accordance with Chapter 7, Section 7.06 of the City Charter, the total sum appropriated in the General Fund annual budget shall be equal to the total estimated General Fund revenue and the allocated General Fund balance. 2. The City will pay for all current expenditures with current revenues. The City will avoid budgetary procedures , res tha g t balance rY P cc curren t expenditures at the expense of April 2.1, 1992 -6- DRAFT meeting future year's revenues, or rolling over short -term debt, or that rely on accumulated fund balances to meet current obligations. 3. The City will annually appropriate a contingency appropriation in the General Fund budget, not to exceed five percent of the total budget, to provide for unanticipated expenditure of a non - recurring nature. 4. The City Manager, when submitting the Proposed Budget to the City Council, shall submit a balanced budget in which appropriations shall not exceed the total of the estimated General Fund revenue and the fund balance available after applying the Adequate General Fund Balance Formula. 5. Prior to adopting the General Fund Annual Budget, the City Council shall review the Adequate General Fund Balance Policy Formula. 6. In the event that there is a shortfall of revenues in a current year budget, the City Manager may recommend the use of a portion of the General Fund balance not to exceed the amount available after deducting amounts reserved for items not readily convertible to cash or reserved for working capital or already appropriated to the General Fund current budget as shown on the most recent Adequate General Fund Balance Policy Formula as established by the City Council. 7. The budget will provide for adequate maintenance of the capital plant and equipment, and for their orderly replacement. 8. The budget will provide for adequate funding of all retirement systems. 9. The City will maintain a budgetary control system to assist in adhering to the budget. 10. The City administration will prepare regular monthly reports comparing actua, revenues and expenditures to the budgeted amount. 11. Each year the City will update expenditure projections for its Enterprise Funds for the next three years. Projections will include estimated operating costs of future capital improvements included in the Capital Budget. 12. The Operating Budget will describe the major goals to be achieved, and the services and programs to be delivered for the level. of funding provided. 13. Where possible, the City will integrate performance measurement and productivity indicators with the budget. 14. Enterprise funds shall be budgeted to have positive net income plus a sufficient margin to provide for replacement cost of property, plant, and equipment. April 24, 1992 DRAFT I M C The City will maintain, and periodically review, a formal written ethics policy for all City employees and elected officials. >� •� S <'i[l'j: %`y'`s;2iii:�;;}iii i ft ��' >_;? The City's independent auditors shall be required, in the course of their audit, in the form of their management letter, report port any conditions that appear to be violations of our financial management policy. April 24, 1992 City of BROOKLYN CENTER, XIINNESOTA FUND BALANCE POLICY I. PURPOSE Oil December 22, 1980, the City Council adopted an "Adequate General Fund Balance Policy Formula" as set forth in M &C No. 80 -31. Since State Statutes, the City Charter, or City Ordinances do not regulate the size of a City's General Fund Balance, the purpose of the policv formula is to determine what a reasonable amount should be held by the City's General Fund in reserve and provide a way of measuring that amount on an annual basis. The fund balance is a product of one of two sources: (1) the excess of (or deficiencies or) revenues over expenditures of the Fund, accumulated over the years since the inception of the fund; and (2) permanent transfer of monies from another Fund. Certain asset items contained within the fund balance are items which cannot be readily converted to cash and, therefore, must remain in the find balance. Among these items are taxes receivable, accounts receivable, and inventories of supplies. In addition, monies within the fiend balance are needed for, and should be reserved for, other purposes. Among these, is a need for "working capital." Working capital, simply stated, is fiends needed for expenditures which must be made prior to receipt of revenues in forthcoming periods of time. The City has a fairly consistent level of expenditures, particularly payroll (which consists of about 60% of total expenditures), and a rather sporadic pattern of revenue receipts. This combination causes a cash flow problem. The working capital is the bridge over these gaps between expenditures and the receipt of revenue. The primary sources of revenue for the General Fund are local real estate taxes and intergovernmental revenue. Revenue from these sources are usually received on semi - annual basis. Major tax settlements are made in July and December, while majc " expenditures occur in the early part of the budget year. The City must wait approximately six months into the budget year for a large amount of its revenues. If monies are not available during these periods, the City must resort to tax - anticipation borrowing. Tax- anticipation borrowing is both costly and would be reflected in the City's bond rating. The absence of such borrowing is a positive factor in bond rating. Therefore, a sufficient amount of working capital is needed to carry the City through these periods. The current formula sets the working capital at a maximum of 25% of the total General Fund Budget. This provides funds for three months of expenditures. Money should also be reserved to provide a "cushion" for the replacement of possible revenue short falls in the budget. The cutback of local government aid due to a projected state surplus deficit is a good example of a need for some sort of cushion. An economic downturn can also cause a reduction in building and other permit fees, recreation revenue, other intergovernmental revenue, charges for services, and of course, cause property tax delinquencies. The formula currently reserves an amount equal to 5% of the taxes levied for General Fund purposes to hedge against loss of revenue from tax delinquencies and an amount equal to 10% of all other estimated budget revenues to hedge against over- estimation and 1 — March 17, 1992 economic downturn. Funds should also be reserved for unanticipated needs which may develop during the budget year. However, the City Charter does provide for a contingency appropriation within the budget itself, and we do annually appropriate funds for that purpose. Any amount in the General Fund Balance in excess of the amount determined to be adequate by the formula may be used to fund the next year's budget or be transferred to another fund, such as the Capital Project Fund. Funds transferred to the Capital Projects Fund can be used for major capital outlay, including construction or acquisition of major permanent facilities having a relatively long life or to reduce the debt incurred for capital outlays. Since the adoption of the formula in 1980, the collection of both property taxes and local government aid have been pushed back even further, and nothing is received from those sources until after July 1st of each year. We have done an analysis of when actual revenues were received and actual expenditures during budget years 1988 and 1989. Both years show an accumulated cash shortage of approximatel 37% prior to July 1. Because revenue collections will be delayed even further in 1990 and future years, we recommend that the formula be changed to increase the amount to be reserved for working capital from 25 % of the total General Fund current year budget to 40 %. II. POLICY The Policy is the "Adequate General Fund Balance Policy Formula" attached as Exhibit I. — 2 — March 17, 1992 (QRP3960A) Exhibit I CITY OF BROOKLYN CENTER ADEQUATE GENERAL FUND BALANCE POLICY FORMULA AS ESTABLISHED BY THE CITY COUNCIL ON DECEMBER 22, 1980 (AS SET FORTH IN tit &C NO 80 -31 AND AMENDED FEBRUARY 26. 1990) 1. Latest Audited Total Fund Balance At: December 31, 19_ $ 2. Less Items Not Readily Convertible to Cash: a. Uncollected Taxes b. Accounts Receivable c. Advances to Other Funds 3. Fund Balance Convertible to Cash $ 4. Less Amounts to be Reserved for Working Capital: (40% of Total General Fund Current Year Budget) Year: 19_ 40% of: $ — 5. Amount Available After Deduction for Working Capital $ 6. Less Amounts to be Reserved for Other Purposes: a. Reserve for Deliquent Taxes (5% of Taxes Levied for General Fund in Current Year Budget) Year: 19_ 5% of: $ b. Reserve for Overestimation of Other Revenues (10% of General Fund Other Revenues in Current Year Budget) Year: 19_ 10% of: 7. Amount Available per Formula $ 8. Less Amount Appropriated to the General Fund Current Year Budget Year: 19 9. Amount Available for Other Use $ February 13, 1992 —3— CITY OF BROOKLYN CENTER council Meeting Date 6/8/92 Agenda Item Number 40 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Initial Application for a Private Kennel License at 5417 Fremont Avenue North DEPT. APPROVAL: - Sharon Knutson, Deputy City Clerk MANAGER'S REVIEW/RECOAMEMENDATION: No comments to supplement this report Commen s below /attached SU IN ARY EXPLANATION: (supplemental sheets attached X • Chapter 1 of the Brooklyn Center City rdinances co attached re tY (copy attached) the licensing of all q private kennels, defined as any premise zoned or used for R1 and R2 purposes, as defined in the Brooklyn Center City Ordinances, on which three or more dogs or four or more cats six months old or older, are kept or harbored as pets and not for selling, boarding, showing, treating, grooming or other commercial purposes, Section 1- 105.5b requires the city manager to approve or deny the application based on the Public Health Sanitarian's report and written comments by the applicant and any other affected persons and Section 1- 105.5c outlines the standards for approval. Section 1 -105. a g ' s decision In Sb reads within fourteen 14 days after the notice of the city many er � ) Y Y is mailed to area property owners, the owner or any other affected person then may request a hearing before the city council to show cause why the city manager's decision should be changed ". In this case, the city manager has denied the application for private kennel license for Ms. Debra Jean Wilcox; consequently, Ms. Wilcox has requested a hearing before the city council to show cause why the decision should be changed. Following is a calendar of events from receipt of application to request for public hearing: March 2, 1992 Received application for private kennel license from Debra Jean Wilcox, 5417 Fremont Avenue North. Sent letter to Ms. Wilcox requesting proof of current rabies vaccination and City dog license for each animal as required by Section 1- 105.5a of the Brooklyn Center City Ordinances. March 3, 1992 Sent memorandum to Chief of Police Jim Lindsay requesting a records check to verify any complaints on these dogs. Attached report indicates two dog bites. • Sent memorandum to Sanitarian Pam Foster requesting an inspection be completed and a recommendation be submitted . Attached memorandum indicates there was a blanket of feces in the yard and recommends denial of kennel application. March 20, 1992 Received documentation from Ms. Wilcox for proof of current rabies vaccination and City dog license for each animal. Mailed notice of receipt of application for private kennel license to owners of property within 150 feet of the applicant's property as required by Section 1- 105.5a March 25 through April 1, 1992 Received several written responses from area property owners requesting the private kennel license not be issued. April 30, 1992 City manager sent letter to Ms. Wilcox denying application for a private kennel license. May 1, 1992 Mailed notice of denial of application for private kennel license to owners of property within 150 feet of the applicant's property as required by Section 1- 105.5b. May 6, 1992 Received letter from Ms. Wilcox requesting a public hearing before the city council as allowed by Section 1- 105.5b. May 22, 1992 Mailed notice of public hearing to owners of property within 150 feet of the applicant's property. RECOMMENDED CITY COUNCIL ACTION Render a final decision reversing, affirming, or amending the decision of the city manager to deny a private kennel license application for Debra Jean Wilcox at 5417 Fremont Avenue North. CHAPTER 1 - ANIMALS Section 1 -101. DEFINITIONS. The following terms, when used in this ordinance, have the meanings ascribed to them: 1. Animal. Animal means dogs and cats. 2. Animal Control Officer. Animal Control Officer means that person or agency designated by the City Manager to control the keeping of animals within Brooklyn Center. 3. At large means an animal that is off the property of its owner and not under restraint. 4. Commercial Kennel. Commercial Kennel means any place limited to C2, I -1 and I -2 zoning districts where the business of keeping, raising, selling, boarding, breeding, showing, treating, or grooming of dogs and other animals is conducted, including pet shops, animal hospitals and other similar establishments. 5. Family. Any of the following definitions shall apply: a. A person or persons related by blood, marriage, or adoption, together with any domestic servants or gratuitous guests, maintaining a common household in a dwelling unit; b. Group or foster care of not more than six (6) wards or clients by an authorized person or persons, related by blood, marriage, or adoption, together with any domestic servants or gratuitous guests, all maintaining a common household in a dwelling unit approved and certified by the appropriate public agency; c. A group of not more than five (5) persons not related by blood, marriage, or adoption maintaining a common household in a dwelling unit. 6. Owner. Owner means any person or the parent or guardian of a person under 18 years of age who owns, keeps, or has custody of an animal in the City of Brooklyn Center. 7. Person. Person means any person, firm, corporation, partnership, joint venture or association. 8. Private Kennel means any premises zoned or used for Rl and R2 purposes, as defined in the Brooklyn Center City Ordinances, on which three or more dogs or four or more cats six months old or older, are kept or harbored as pets and not for selling, boarding, showing, treating, grooming or other commercial purposes. 9. Under Restraint means an animal that is controlled by a leash or at heel beside a competent person having custody of it and obedient to that person's commands, or within a vehicle being driven or parked on a public street, or if it is within the property limits of its owner's premises. Section 1 -102. LICENSES REQUIRED. 1. Dog Licenses. No person shall own, harbor, keep or have custody of a dog over six months of age within the City of Brooklyn Center unless a current license for such dog has been obtained as provided in this ordinance. Each license shall be valid for the duration of the effective period of the dog's rabies vaccine as stated in the Compendium of Animal Rabies Vaccines published by the Conference of State Public Health Veterinarians and the Center for Disease Control of the Department of Health and Human Services. Dogs kept in a commercial kennel need not be individually licensed. 2. Commercial Kennel License. Every person operating a commercial kennel shall annually obtain from the City Clerk, upon authorization by the City Council, a commercial kennel license. Commercial kennel licenses shall be posted in a conspicuous place within the licensed premises. 3. Private Kennel License. Every person operating or maintaining a private kennel shall annually obtain from the City Clerk, upon authorization by the City Council, a private kennel license. Section 1 -103. LICENSE FEES. The license fee for each dog license, each commercial kennel license, each private kennel license, each duplicate license, each renewal license, each impounding penalty, and the late penalty described herein shall be as set forth by City Council resolution. 1. Late Penalty. If any license required hereunder is obtained while the dog is impounded by the City, or after the required licensing period has commenced, there shall be added to the regular license fee, a late license penalty as set forth by City Council resolution, provided, however, that any person who acquires a dog after the start of a license year, or any person who owns, keeps, harbors, or has custody of a dog at the time of becoming a resident of the City, shall be allowed 30 days to secure a license without incurring any late license penalty. 2. _Refunds. Prorating and Transfers No dog license fee, commercial kennel license fee, or private kennel license fee shall be refunded or prorated, the provisions of Chapter 23 of Brooklyn Center Ordinances notwithstanding. No license required hereunder shall be transferrable. Section 1 -104. VACCINATION REQUIRED. The owner of every dog in Brooklyn Center shall cause such dog to be currently vaccinated for rabies. A certificate of vaccination or other statement of the same effect executed by a licensed veterinarian shall constitute prima facie proof of the required vaccination. Section 1 -105. APPLICATION PROCEDURES AND ISSUANCE OF LICENSES. Applications for all licenses required by this ordinance shall be made to the City Clerk. 1. Dog License. The application for a dog license shall include the name and address of the owner of the dog and such other information as the City Clerk shall require. All applicants shall be of legal age. Applicants shall provide a certificate issued by a doctor of veterinary medicine showing that the dog has been vaccinated against rabies, the type of vaccine used, and the length of time the vaccination is effective. 1 -105 2. Issuance of Dog License. Upon receipt of the application, the license fee and proof of a rabies vaccination, the City Clerk shall issue a metallic license tag bearing the license number, the name of the City and the year and month when the license period ends. The dog shall continuously wear a collar or harness to which the license tag is firmly affixed. It shall be unlawful for any person to make or use a counterfeit tag. 3. Replacement of Lost Dog License If any dog license tag is lost or stolen, the applicant may obtain a new tag by surrendering the license payment receipt and by paying the charge for a duplicate license as set forth by City Council resolution. 4. Application for Commercial Kennel License a. Initial application for a commercial kennel license shall be made to the City Clerk. The application shall state the name and address of the applicant, the property address or legal description of the proposed kennel location, a sketch or drawing of the proposed kennel describing construction, operation, and the approximate number of animals to be confined therein, together with their age, breed, and sex, and together with the applicable license fee. b. Hearing Required. A commercial kennel license application shall be referred to the Public Health Sanitarian who shall review the kennel design and operation and make a recommendation to the City Council on the adequacy thereof. Applications for commercial kennel license shall be placed on the agenda of the City Council for a public hearing at the regular City Council meeting next following 14 days after the application is received. Not less than seven (7) days before the date of the public hearing, the City Clerk shall mail notice of the hearing to the applicant and to the owners of property within 150 feet of the proposed kennel location. The failure of any owner to receive such notice shall not invalidate the proceedings. C. Council Approval. The City Council may approve the commercial kennel license and may attach to such approval any conditions necessary to insure compliance with this ordinance, with Chapter 19 of City Ordinances, and any other condition necessary to protect the health, safety, welfare, and property values in the immediate area. The City Council may deny a commercial kennel license upon finding that the establishment of the kennel would constitute a public nuisance, or would adversely affect the health, safety, welfare or property values of the person residing, living, or owning property within the immediate area. The form of approval for a license shall be the resolution of approval, a certified copy of which shall be forwarded to the applicant. 1 -105 d. Renewal of License. A copy of the commercial kennel license shall be forwarded to the City Clerk who shall maintain a register of kennel licenses. Subject to any time limitation set by the City Council, the license shall be valid for a period of one year and until October 1 of the then current calendar year and shall be renewable on October 1 of each year thereafter by the City Clerk upon payment of a renewal license fee set forth by City Council resolution, only in the event no complaint regarding the kennel's operation has been received during the license year. In the event that no revocation of the license is made or contemplated by the City Council, the license shall be renewable as set forth in this subdivision. e. License Revocation. In the event a complaint has been received by City officials, a report thereof shall be made to the City Council by the City Clerk and the City Council may direct the applicant to appear to show cause why the license should not be revoked. A license may be revoked for violation of this ordinance, Chapter 19 of the Brooklyn Center Ordinances, or any condition imposed at the time of issuance. 5. Application for Private Kennel License. a. Initial application for a private kennel license shall be made to the City Clerk. The application shall state the name and address of the applicant, the property address or legal description of the proposed kennel location, a sketch or drawing of the proposed kennel describing construction, operation, and the approximate number of animals to be confined therein, together with their age, breed, and sex. Proof of current rabies vaccination and City dog license for each animal and the applicable license fee must accompany the application. Not less than seven (7) days after receipt of the application for a private kennel license, the City Clerk shall mail notice of the license application to the owners of property within 150 feet of the proposed kennel location. The failure of any owner to receive such notice shall not invalidate the proceedings. b. Consideration Process. A private kennel license application shall be referred to the Public Health Sanitarian who shall review the kennel design and operation and make a recommendation to the City Manager on the adequacy thereof. Within fourteen (14) days after the notice of application is mailed to area property owners, the City Manager or the City Manager's designee shall review the Public Health Sanitarian's report, consider written comments by the applicant and any other affected persons, and either approve or deny the application. Within fourteen (14) days after the notice of the City Manager's decision is mailed to area property owners, the owner or any other affected person then may request a hearing before the City Council to show cause why the decision should be changed. A written request for the hearing must be received by the City Manager within such fourteen (14) days. Following the public hearing, the City Council shall render a final decision reversing, affirming, or amending the decision of the City Manager. 1 -105 C . Standards for Approval. The City Manager may approve the private kennel license and may attach to such approval any conditions necessary to insure compliance with this ordinance, with Chapter 19 of the City Ordinances, and any other condition necessary to protect the health, safety, welfare, and property values in the immediate area. The City Manager may deny a private kennel license upon finding that the establishment of the kennel would constitute a public nuisance or would adversely affect the health, safety, welfare or property values of the person residing, living, or owning property within the immediate area. The form of approval for a license shall be a memorandum of approval from the City Manager outlining any conditions necessary to insure compliance. d. Renewal of License. A copy of the private kennel license shall be forwarded to the City Clerk who shall maintain a register of kennel licenses. Subject to any time limitation set by the City Manager, the license shall be valid for a period of one year and until October 1 of the then current calendar year and shall be renewable on October 1 of each year thereafter by the City Clerk upon payment of a renewal license fee set forth by City Council resolution, only in the event no complaint regarding the kennel's operation has been received during the license year. In the event that no revocation of the license is made or contemplated by the City Manager, the license shall be renewable as set forth in this subdivision. e. License Revocation. In the event a complaint has been received'by City officials, a report thereof shall be made to the City Council by the City Clerk and the City Council may direct the applicant to appear to show cause why the license should not be revoked. A license may be revoked for violation of this ordinance, Chapter 19 of the Brooklyn Center Ordinances, or any condition imposed at the time of issuance. Section 1 -106. STANDARDS FOR PRIVATE KENNELS. A private kennel shall consist of an enclosed space in which all animals are confined when not under restraint and constructed so as to prevent the animals from running at large. Provision must be made to provide shelter during inclement weather. Every private kennel shall be kept in good repair and shall be maintained in a clean and sanitary condition. It shall be unlawful to maintain a private kennel in a way which constitutes a violation of this ordinance, a nuisance under Chapter 19 of the City Ordinances, or in violation of any condition imposed by the City Council at the time the license is granted. Section 1 -107. STANDARD FOR COMMERCIAL KENNELS. All commercial kennels shall be designed, operated and maintained according to the following standards: 1. Commercial kennel floors and walls shall be constructed of impervious materials and all structures, areas, and appurtenances shall be designed to facilitate thorough and convenient cleaning. Commercial kennels shall be adequately ventilated and all doors, windows, and other openings to the outside shall be screened, May through October. The commercial kennels shall be provided with adequate and potable water supplies and shall be equipped with sewer facilities. Plans for all new commercial kennels and repairs or alterations to existing commercial kennels must be filed with and approved by the City's Public Health Sanitarian as a condition of the license. 2. Operating Standards. The licensee, its agents and employees shall operate and maintain the kennel in accordance with standards set out in Title 9, Chapter 1, Subchapter A, Part 3, Section 3.100 through 3.106 of the United States Department of Agriculture, Animal and Plant Health Inspection Service, a copy of which is adopted by reference. Section 1 -108. KEEPING OF DOGS IS LIMITED. No family or family member shall keep, harbor or have custody of more than two dogs exceeding six months of age in the family dwelling unit or on the family premises without obtaining a private kennel license. Provided, however, the said family or family member may obtain a private kennel license for the purpose of providing a period of time, not to exceed three years, in which to find a place where the dogs can be legally, safely, and humanely harbored. Section 1 -109. KEEPING OF CATS IS LIMITED. No family or family member shall keep, harbor or have custody of four or more cats exceeding six months of age in the family dwelling unit or on the family premises without obtaining a private kennel license. Provided, however, the said family or family member may obtain a private kennel license for the purpose of providing a period of time, not to exceed three years, in which to find a place where the cats can be legally, safely, and humanely harbored. Section 1 -110. NUISANCE PROHIBITED. It shall be unlawful for any person to keep an animal in any unsanitary place or condition, or in a manner which results in noisome odors, or in any way which constitutes a nuisance or a disturbance by reason of barking, howling, fighting, or other noise, or to maintain or permit a condition which unreasonably annoys, injures, or endangers the safety, health, morals, comfort, or repose of any person or property. Section 1 -111. RUNNING AT LARGE PROHIBITED. It shall be unlawful for any owner to allow its animal to run at large. Section 1 -112. ANIMAL CONTROL OFFICER. The City Council may provide for a City Animal Pound, either within or outside the corporate limits and may provide for an Animal Control Officer to enforce this ordinance. Section 1 -113. ENFORCEMENT PROCEDURES. The Animal Control Officer may capture and impound any animal running at large, and any unlicensed dog. Section 1 -114. QUARANTINE. Any animal, including wild animals that have bitten a person shall immediately be impounded for at least 10 days and kept apart from other animals, under the supervision of a veterinarian, until it is determined whether such animal had or has a disease which might have been transmitted by such bite. Such impounding may be done by the owner, and need not be at the pound designated by the City, but if it is not at the designated pound, the owner shall notify the police department immediately and shall furnish proof in writing that such animal is being so impounded. Upon the expiration of 10 days, if it is determined that the animal does not have a disease which might have been transmitted by such bite, it may be released, and the police department shall be notified immediately prior to such release by the owner of the animal. If the animal is impounded at the designated pound, it may be reclaimed as hereinafter provided. Any animal which has been bitten by a rabid animal shall be killed or impounded and kept in the same manner for a period of six months; provided that if the animal which has been bitten by a rabid animal has been vaccinated at least three weeks before such bite and within one year of such bite and if it is again immediately vaccinated, then such animal shall be confined or impounded for a period of 40 days before it is released. The owner of an animal which has been bitten by a rabid animal shall notify the police department immediately prior to the release of any such animal. Section 1 -115. DANGEROUS ANIMALS. If an animal is diseased, vicious, dangerous, rabid or exposed to rabies and such animal cannot be impounded after a reasonable effort or cannot be impounded without serious risk to any person or persons, or if the animal has made more than one attack on a person or persons, such animal may be immediately killed by or under the direction of a police officer. Section 1 -116. TREATMENTS DURING IMPOUNDING. Any animal which is impounded in the designated pound shall be kept in accordance with Section 1 -106 of this ordinance. If the animal is not known or suspected of being diseased and has not bitten a person or been bitten by a rabid animal, it shall be kept in the pound for at least five days, unless it is sooner reclaimed by its owner. If such animal is known to be or is suspected of being diseased with a disease which might be transmitted to persons, it shall be kept in the pound for at least 10 days. Section 1 -117. REDEMPTION OF IMPOUNDED ANIMALS. Any animal may be redeemed from the pound by the owner upon payment of the following: 1. The license fee for the animal, if the license has not previously been obtained. 2. The late - license penalty, where a license has not been previously obtained. 3. The amount of the boarding fee which the City is required to pay the pound keeper. 4. An impounding penalty as set forth by City Council resolution. The City Manager or the City Manager's designee may waive the late- license penalty and the impounding penalty for persons other than the owner in cases of sale in accordance with Section 1 -118 of this ordinance. Section 1 -118. DISPOSAL OF UNREDEEMED ANIMALS. The City's designated pound keeper shall make an effort to contact the owner of any animal which has been impounded and which has identification on it. If at the end of the impounding period the animal is not reclaimed by the owner, such animal shall be deemed to have been abandoned and may be disposed of or sold to any person following the procedures contained in Minnesota Statutes 514.93 relating to the sale of unclaimed animals by veterinarians. If the animal is to be kept in this City, a license shall be obtained by such person before possession of the animal is given to the purchaser. Section 1 -119. ABANDONMENT. It shall be unlawful for any person to abandon any animal, including wild animals in Brooklyn Center. Section 1 -120. PENALTY. Any person violating the provisions of this ordinance, or any conditions of a license, shall, upon conviction thereof, be guilty of a misdemeanor and shall be subject to a fine of not more than $700 or to imprisonment for a period not to exceed 90 days, or both, together with the costs of prosecution. Each day that a violation exists shall constitute a separate offense. APPLICATION FOR PRIVATE KENNEL LICENSE CITY OF BROOKLYN CENTER, MINNESOTA TO THE HONORABLE CITY COUNCIL Date: t r ,'` 9 1. Applicant's Name (Last, First, Middle) 2. Applicant's Address L (Number, Street, City, State, Zip Code) —� 3. Address or Legal Description of Proposed Kennel 4. Attach a sketch or drawing with this application describing the construction and operation of the proposed. kennel, or, if the animals are to be confined within the family dwelling unit, indicate this on the application. ( 1- , v._� �"� !.R t� _Q _ 5. Indicate number of animals to be confined within the proposed kennel, together with their age breed and sex. 6. PLEASE ::OTE: Proof of current rabies vaccination and City dog license for each animal and the license fee in the amount of $30.00 must accompany this application. r Sign ure of Applicant PLEASE RETURN COMPLETED APPLICATION AND LICENSE FEE TO: City Clerk, City of Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. DO NOT WRITE BELOW THIS LINE New License L / 0'"a"'10 , Renewal License License Period through License Fee Received CITY OF BROOKLYN CENTER vi L� 6301 SHINGLE CREEK PARKWAY - TELEPHONE 561 - 5440 n f ` „ V. HENNEPIN COUNTY DOG LICENSE r)g3 TO CERTIFY THAT PHONE NUMBER ' HAS REGISTERED IN THE CITY OFFICE, -DDRESS J , ' DOG NAMED COLOR t� �` BREED r AS PAID LICENSE FOR SAI DOG: LICENSE EXPI RES_1L 19? ABIES CERTIFICATE NO. & DATE 7 V M. 5.00 ❑Male $3.00 ❑Neutered Male BY —�' .5.00 L7�etnale $3.00 ❑Spayed Female z x ' r.4( 7 CITY OF BROOKLYN CENTER 6301 SHINGLE CR HENNEPIN COUNTY PHONE 561 - 5440 � p DOG LICENSE 'i =1S IS TO CERTIFY THAT � ��u` L PHONE NUMBER 56 � — 2,f 0 IN THE CITY.OFFICE, UDRESS 5 4 � Ay��t 1 � ,�- HAS REGISTERED NAMED COLOR BREED AS PAID LICENSE F R SAID DOG. LICENSE EXPIRES ( 191� r ABIES CERTIFICATE NO. & DATE / °2' 3 7M5 V M. " -- 5.00 ❑ ale $3.00 ❑Neutered Male Y B DAT 5.00 male $3.00 ❑Spayed Female t .. CITY OF BROOKLYN CENTER 6301 SHINGLE CREEK PARKWAY — TELEPHONE 561 - 5440 n 1 Q ^ p HENNEPIN COUNTY ' �I 4 v .DOG LICENSE IIS IS TO CERTIFY THAT PHONE NUMBER ')DRESS ° ^^��� HAS REGISTERED IN THE CITY OFFICE, DOG NAMED COLOR - BREED r PAID LICENSE FOR SAID DOG. LICENSE EXPIRES- S ZRTIFICAT E NO. &DATE P IS M 00 ❑Male $3.00 tered Male BY DATE 00 ❑Female $3.00 ❑Spayed Female ICER7I7FIICATE OF VACQ4A'II'IIOFI BROOKDALE'ANIMAL'. HOSPITAL 2925 Brookdale Drive' Brooklyn Park,' MN. 55444 `Ph. (612) 560 -6906 ObISTEMPER {)LEP'I'OSPIROSIS This Certifies that on �� 1 �Zl 6 () HEPATITIS () BORDATELLA __ O PARVOVIRUS O CORONA this do`was given O PARAINFLUENZA prophylacdcctreatment for.. RABIES No. A Z Boosters for are recommended one / 7 z Name O XV Owner i'D/ �- la- i " W,lco� A ge_� Se — Spa / Neuter Ad ess 107 a nt qVA Breed L 5 ©v Markings Veterinarian D.V.M. (CER77II;II(CATE OF VAC(C UA77 (om ;- BROOKDALE ANIMAL HOSPITAL 2925 Brookdale Drive .. Brooklyn Park, MN. 55444 Ph. (612) 560 -6906 DISTE ' (k) LEPTOSPIROSIS This Certifies that on �1 �/ 1� (� p R RUS O BORDATELLA this dog was given CORONA prophylactic treatment for: 0,-) RABIES No Boosters for are recommended on y � /5;3 Name %e ms; Owner - 1 0,119. ' t`)11&./ 014&_4 Age Sex A7 Spay/Neuter Address Breed Markings Veterinarian -=- �-'�^ `�-� -- D.V.M. i RABIES VACCINATION CERTIFICATE NASPHV Form #50 Rabies Tag Number � Owner's Name &Address Print — use ball oint en or t e PRINT -Last First M.I. Telephone No. Street - y 7 E City State Zip I Species: Sex: Age: Size: Predominant Breed: Colors: Dog Male ❑{ 3 mo. to 12 mo. ❑ Under 20 lbs. Cat ❑ Female 51 12 mo. or older `� 20 -50 lbs. ❑ � �A Over 50 lbs. ❑ Name Producer: Q ❑ 1 yr. Lic.Nacc. (First 3 letters) •` 16th j 99,382,54 ❑ 3 yr. Lic.Nacc. e'' Vacc. Serial (lot) No. For Licensing Agency Use License No. Year DATE VACCINATED: k � Veterinarian's: 19 a o?l0 19 Q ^ License No. 19 Month Day _LaC 1s T'"K Al AL N Other VACCINATION EXPIRES: V508 JOLLY LANE Change ❑ Add ❑ :WLYN PK. MN.5542.8 Control No -- ..7 ,.'7 / O,� i I ,` CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE: 569 -3300 C ENTER F AX: 569 -3494 EMERGENCY - POLICE - FIRE March 2, 1992 911 Ms. Debra Jean Wilcox 5417 Fremont Avenue North Brooklyn Center, MN 55430 Dear Ms. Wilcox: This is to inform you that your application and fee have been received for a private kennel license. In r o der to process your application for private kennel license, please submit proof of current rabies vaccination and City g do license for each animal. Once these items are received, the process will begin by notifying area residents within 150' of your home of your application for private kennel license. Within the next fourteen (14) days, the health department will be visiting your home to complete an inspection. Should you have any questions relevant to your private kennel license application, please call me at 569 -3306. Sincerely, &ja� - gAI'U� Sharon Knutson Administration Secretary/Deputy City Clerk CITY OF BROOKLYN CENTER cc: City Manager Gerald G. Splinter Sanitarian Pam Foster YN MEMORANDUM TO: Jim Lindsay, Chief of Police '� FROM: Sharon Knutson, Administration Secretary/Deputy City Clerk DATE: March 3, 1992 SUBJECT: Private Kennel License Application for 5417 Fremont Avenue North On March 2, 1992, I received an application for a private kennel license from Debra Jean Wilcox, 5417 Fremont Avenue North, to keep three dogs. According to City Manager Jerry Splinter, a records check must be completed to verify any complaints on these dogs. Please check your records for complaints and send the report to me by March 9, 1992. Thank you for your cooperation. MON, MAR 9, 1992, 4:26 PM PAGE 1 5417 FREMONT AVE. NO. - 02/01/91-03/08/92 ECEIVED CALL - LOCATION CALL - CODE -DESCR REPORTING - PERSON REPORTING-PERSON- ADDRESS MENT -TEXT 92/02/22 11:14:00 5417 FREMONT DOG BITE CHRISTENSEN, WENDY 5660 BKDL DR 1114/ CASE NUMBER = CR -92- 00002499 1114/X-ST = 54 COMMON -NAME _ 1114/DOG BITE 1217 /CLOSED DISPO OTHER - REPORT 92/02/22 17:37:00 5417 FREMONT DOG BITE PAYNE BCPD 0917/ CASE NUMBER = CR -92- 00002582 0917 /X -ST = 54 COMMON-NAME _ 0917 /DOG BITE 0917 /CLOSED DISPO AID /ASSIST - REPORT 0918 /REFER TO CASE 92 -02499 MEMORANDUM TO: Pam Foster, Sanitarian FROM: Sharon Knutson, Administration Secretary /Deputy City Clerk DATE: March 3, 1992 SUBJECT: Private Kennel License Application for 5417 Fremont Avenue North On March 2, 1992, I received an application for a private kennel license from Debra Jean Wilcox, 5417 Fremont Avenue North, to keep three dogs. According to City Manager Jerry Splinter, an inspection by the public health sanitarian must be completed and a recommendation must be submitted to him. Please schedule an inspection of this property and submit your recommendation to me by March 17, 1992. Thank you for your cooperation. RECE MAR 2 71992 M E M O R A N D U M DATE: March 25, 1992 TO: Mr. Gerald Splinter, City Manager =(f� FROM: Susan J. Hibberd, Environmental Sanitarian SUBJECT: Kennel Application at 5417 Fremont Avenue A kennel inspection was conducted on March 24, 1992. There are three (3) dogs in the home - two dachshunds and one Lhaso Apso. All three are vaccinated against rabies and licensed. The dogs are kept either in the house or in the yard which is entirely enclosed by chain link fence. There is weekly garbage pickup by a licensed hauler (BFI) on Fridays. The owner reported the feces are removed on a weekly basis. It appears that weekly is not sufficient; there was a blanket of feces in the yard. Removal on a daily basis is recommended. During the unannounced inspection, the dogs barked continuously. The pet food is kept in a plastic container in the kitchen and is not providing a food source for rodents. Based on the condition of the yard at this time, I would not recommend approval of the kennel application. SJH:jt I Y CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 ROOKLYN TELEPHONE: 569 -3300 C ENTER F AX: 569 -3494 EMERGENCY - POLICE - FIRE March 20, 1992 911 Ms. Debra Jean Wilcox 5417 Fremont Avenue North Brooklyn Center, MN 55430 Dear Ms. Wilcox: Your application for a private kennel license, license fee, and proof of current rabies vaccination and City dog license for each animal have been received by the City of Brooklyn Center. Please be advised that the enclosed notice has been mailed to area r tY p o er owners within 150 f P eet f o your home. The city manager will consider our application for ty g y pp o a private kennel license and either approve or deny it based on the public health sanitarian's report and any written comments from you or affected persons. You will be notified of the city manager's decision. Should you have any questions relevant to your private kennel license application, please call me at 569 -3306. Sincerely, a ultl � - � Vm � Sharon Knutson Administration Secretary/Deputy City Clerk CITY OF BROOKLYN CENTER cc: City Manager Gerald G. Splinter 19A6ALL�)EfiCA CfiY 7 J 7 ` X�i+t4y`X 1 March 20, 1992 NOTICE OF RECEIPT OF APPLICATION FOR PRIVATE KENNEL LICENSE TO WHOM IT MAY CONCERN: Please take notice that the city clerk of the City of Brooklyn Center is in receipt of an application for private kennel license to keep three dogs. APPLICANT: DEBRA JEAN WILCOX 5417 FREMONT AVENUE NORTH BROOKLYN CENTER, MINNESOTA City Ordinance Section 1- 105.5a requires the city clerk to mail notice of the license application to the owners of property within 150 feet of the proposed kennel location. Within fourteen (14) days of the date of this notice, the city manager will approve or deny the license application based on the public health sanitarian's report and written comments by the applicant or any affected person. Questions or concerns regarding the license application should be directed to Deputy City Clerk Sharon Knutson at 569 -3306. RECEIVED W 2 5 IM City of Brooklyn yn Center° 6391 S hingle Creek Parkway Brooklyn Center, Mini 5430 ATi` N: GERALD G. SPLINTE March 23, 199 Dear Mr. Splinter, T h is is in rtepor "Ils to t.i'ii:e n we received vF.d corn rni ng the kennel license Debra Wilcox has applied for. We have lived at 5419 k=r°G_mon•t.: N. Wilcox's T or sev s T T c:cox' s have been 'i C.JI` the pa >E_'vf.•: ?r"� ';!�'c:�1 ".:,. next door to e..cs at 5411 Fremont for about 3 years. When the'v , moved in t have •t.he. -. two dogs and clot the third dock <abcout:. two years sago. I called Sharon Knutson at 569._ and she told me to write to you and list my r easons why I don't.: want: the license to be approved. l.. I c sit in eit my front or b ack yard without t.h c:iogs continue barking the whop, time I ram outside. 2. Whenever "_- :iofiieonef walks down the street or alley, they w i l l bark: until. they can't see=p them anymore. 3. One of the dogs n ipped my son o the ' leg. 4. Whenever the W i l c o x ' s leave sand the dogs are shut in the house, they will bark until they return. 5. Last mummer, ral ot. of times I would lay 'my daughter down for neap to have her yoke up by t.hie.:• dock barking. Our houses are very cc1osc. together. 6. Until recently, when the dogs would bar k p the Wilcox's would call to the dccrt.l<.:s to her quiet. When the dogs wouldn't respond, they would just go into the house and close 't:hie., door. Leaving th dogs in the yard to c ontinu e to bark. I would r care if th had the d ogs, if t:.i could control them. But my f*arrri l y has put up with this for three years and is tired of it. My hu and I decided this year, we w i l l start com and fi a noi se co mplaint. The do gs h ave put a real strain can being neighbors to the W:i. l cco;•c' s. 3o, th m is why I stro ngly in dis agreement to approving the license. If th is a q o r prob with they above, ple,a s e: , fee-.•l free to call me at 348 I am more then happy to answer any q uestions you l i 4Y' y �_- Y'.... may have. Thank YO Christine 1::r o t:; i:., :i, n ss MA R 2 7 1992 C.i ty of F:• roo�::l yn C:en'trc -.�r b301 Shirigle? (r Pai -kway Brc Center, MN ;'r343C) ATTN GERALD D G. SPLTNITEF, March a'4 1?9 Dear Mr Splinter T}' -ii s i L'i in r epor't to t:.hv no-t i c we r• e c ei. v c - ri i ng - t".he kenne'I licence Dr -A)F Wi l c::ra:•t has aFapLi ed -For - . 'rhe7 nr�i cihbor , who gn ta C =W cJ ci i c:) - t w the !. i Cf ris�EhS''t r.] be :i SSUE d We.} al J. I i ve arcai..tnd t t Wi l cox' <; card Fr m,c ?nt Or' Di r °d. The dogs ai-9 c taaar - king, ni:a rr,rlt_t(--)r i f t.: iA r e. i.n5j.t:Jo or 0u't Eric Je . When the Wi I co '­;'s leave and they dogs ar left i. n t1-- hoi_I. =ic'., they will c_ontiriue: to turf•:: t..tntil the re'tur'n. Thi a is 'vrar - y iii rinoying i rl t! - 1 e wtice i t..I °ie w:i ndcawt:s C:irc -. - t..tt:i. Thank yol..t •Fr_,t- your time and iconce - n in this �.. - Cvdt7lta Ac'.Idl'"E3sS 'c�y -rte- s``7`�� (2) c ra &l%FOBERT R. ROSS IICFIVFn MAR 31 199? 408 N. GIRARD AVE. W I ROOKLYN CTR, MN. 55430 V 3 1.. y Ell /Yb T u p p 4- PL(s e r dax YZ- 711t X rl P rAO r'e 7 el a r/ Michael Davich .f 5411 Fremont Ave. N. Brooklyn Ctr, MN 55430 -3159 RECEIVED ApR o 1 1992 i CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 B ROOKLYN TELEPHONE: 569 -3300 C ENTER FAX: 569 -3494 EMERGENCY - POLICE - FIRE 911 April 30, 1992 Debra Wilcox 5417 Fremont Avenue North Brooklyn Center, MN 55430 Dear Ms. Wilcox: I have received your application for a kennel license dated February 26, 1992. In accordance with Brooklyn Center City Ordinances notices of the license application were mailed to' property owners within 150 feet of the proposed kennel. I have also instructed the public health sanitarian to review the application and I have now received their report. After considering the report from the sanitarian and public comments received, please be informed that I am denying your request for a private kennel license to house three or more dogs on . your residential premises. You will be allowed until July 1, 1992, to come into compliance with City Ordinances which require no more than two dogs on your premises. I find that the issuance of this license would have an adverse affect on the health, safety, welfare or property values of persons residing, living, or owning property within the immediate area. I base this finding on a review of the public health sanitarian's report, information from the police department regarding a dog bite and content of written public comment received regarding this matter. You should also be aware there are other City Ordinances which require Brooklyn Center residents to control barking and other nuisances generated by the keeping of pets, such as dogs, on their property. We expect all citizens will be in compliance with these requirements. Dog owners are particularly responsible for barking of their dogs and causing a nuisance to their neighbors. In other Yc 19MALL4AWAC'T situations where dogs have had a propensity to bark some owners have chosen to use special collars which inhibit and discourage dogs from barking. You may wish to consider this type of equipment as it does appear that a "barking dog problem" exists at your residence. If violations occur in the future you could be subject to enforcement action. Under Brooklyn Center City Ordinances, the City Manager's decision in these matters is appealable to the City Council To institute this appeal Process you must submit to my office within 14 days of receipt of this notice a written request for a hearing before the City Council. Should you choose the appeal option, the City Council will hold a public hearing on your appeal after mailed notice to adioining property owners Should you have any questions with regard to this matter, please do not hesitate to give me a call at 569 -3300. Sincerely, a . Splinter ager CITY OF BROOKLYN CENTER GGS:pap cc: Sharon Knutson May 1, 1992 NOTICE OF DENIAL OF APPLICATION FOR PRIVATE KENNEL LICENSE TO WHOM IT MAY CONCERN: Please take notice that the city manager of the City of Brooklyn Center has denied an application for private kennel license for Debra Jean Wilcox, 5417 Fremont Avenue North. The city manager based his decision on the public health sanitarian's report and written comments received by affected persons. City Ordinance Section 1- 105.5b requires the city clerk to mail notice of the city manager's decision to approve or deny the applicant's private kennel license application to the owners of property within 150 feet of the proposed kennel location. The owner or any other affected person may request a hearing before the city council to show cause why the decision should be changed. A WRITTEN request for the hearing must be received by the city manager within fourteen (14) days of the date of this notice. Direct written requests to City Clerk, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, 55430. If a written request for a public hearing before the city council is received, notice of the date and time of the public hearing will be mailed to owners of property within 150 feet of the proposed kennel location. Following the public hearing, the city council shall render a final decision reversing, affirming, or amending the decision of the city manager. Questions or concerns regarding the private kennel license application denial should be directed to Deputy City Clerk Sharon Knutson at 569 -3306. I.J. c J.J. 'Vi 1 COX .. .� '' ✓�.... Y 5417 Fremont Ave. N. Brooklyn Center, MN 55430 �+ °C i E C E i 'i t MAYO 61992 J oy- 1` 5`_ tc A�' ALA: C:\5:.. �t f CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 BROOKLYN TELEPHONE: ONE:569 3300 C ENTER FAX: 569 -3494 EMERGENCY - POLICE - FIRE May 22, 1992 911 Ms. Debra Jean Wilcox 5417 Fremont Avenue North Brooklyn Center, MN 55430 Dear Ms. Wilcox: Enclosed is a copy of the public hearing notice being mailed to area property owners within 150 feet of your property. As stated in the notice, the public hearing will be held on Monday, June 8, 1992, at approximately 7:30 p.m. You are not required to be present at the public hearing, but you may wish to attend so you can answer any questions the council may have. Should you have any questions relevant to the public hearing, please call me at 569 -3306. Sincerely, Sharon Knutson Deputy City Clerk CITY OF BROOKLYN CENTER enc. cc: City Manager Gerald G. Splinter �rn'C ,� h W �Al1JEACACffY o ' n � f May 22, 1992 NOTICE OF PUBLIC HEARING Monday, June 8, 1992 Council Chambers City Hall 7 p.m. TO WHOM IT MAY CONCERN: Please take notice that the city manager of the City of Brooklyn Center has received a written request for a public hearing before the City Council to show cause why the city manager's decision to deny the private kennel license for Debra Jean Wilcox, 5417 Fremont Avenue North, should be changed. The City Council will make its decision based on the public health sanitarian's report, written comments by the applicant and any affected persons, and anyone wishing to address the Council at the public hearing. Attendance is not required; however, if you would like to express your concerns or comments directly to the City Council, you are encouraged to attend. Following the public hearing, the City Council shall render a final decision reversing, affirming, or amending the city manager's decision. Questions or concerns regarding the public hearing should be directed to Deputy City Clerk Sharon Knutson at 569 -3306. RECE IVED MAY 2 91992' ROBERT R. ROSS 5408 N. GIRARD AVE.� , BROOKLYN CTR, MN. 55430 lac el , e c t : Ail, �' .� /�1 a 1 c+ / ✓S / i 1 / ��u S / / � J �'N d. - 5/:' .�6 / J�`�;icl /Y /�e's i �e� 4 Z c, Ao /J F 1 C: �c Y a/� %✓ r .��r c c !� !' �?r!/ a iJ ylt L t " STN /Yld lr j j i el al < 5 CITY OF BROOKLYN CENTER Council Meeting Date 6/8/92 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: AN ORDINANCE AMENDING CHAPTER 15 OF THE CITY ORDINANCES ESTABLISHING A FINAL PLAT FEE DEPT. APPROVAL: Sy Knapp, irector o Public Works MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below/attacYed SUMMARY EXPLANATION: (supplemental sheets attached Yes A first reading of the attached ordinance establishing a final plat fee was held on May 11, 1992. The proposed final plat fee is intended to recover the substantial costs incurred by the City in reviewing and approving a final plat. The 1991 _Municipal License and Permit Survey conducted by the Association of Metropolitan Municipalities included a survey of final plat fees. Of the - responding cities, 37 had such a fee; 4 were in the preliminary stages of setting a fee; and 11 had no fee. The second quartile average fee is $130; staff recommends a fee of $125. A resolution establishing that fee is provided for consideration. RECOMMENDED CITY COUNCIL ACTION Review the proposed ordinance. Conduct a second reading of the ordinance. Conduct a public hearing on the ordinance. Approve the resolution establishing the fee. • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the eighth day of June, 1992, at 7:15 p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 15 regarding platting procedures. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the personnel coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 15 OF THE CITY ORDINANCES ESTABLISHING A FINAL PLAT FEE THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 15 of the City ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 15 -104. PRELIMINARY PLAN. A. PROCEDURE. (1)(b) A cash fee in an amount set forth by city council resolution. This fee will be used for the expense of the City in connection with approval or disapproval of said preliminary plat[ and any final plat which may thereafter be submitted]. Section 15 -105. FINAL PLAT. A. PROCEDURE. (1) The owner or subdivider shall file with the city clerk six copies of the final plat and a cash fee in an amount set forth by city council resolution not later than six months after the date of approval of the preliminary plan; otherwise, the preliminary plan and final plat will be considered void unless an extension is requested in writing by the subdivider and for good cause granted by the council. The owner or subdivider shall also submit at this time an up -to -date certified abstract of title or registered property report and such other evidence as the city attorney may require showing title or control in the applicant. Prior to release by the City of a final approved plat the owner shall reimburse the City the full amount of legal fees incurred by the City in obtaining a review or opinion of title Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Section 3. This ordinance shall not apply to any plat for which a preliminary plat application has been filed with the Planning Commission by the effective date of this ordinance. Adopted this day of , Mayor ATTEST: Deputy City Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING A FINAL PLAT FEE WHEREAS, Section 15.105 (A)(1) of the City Ordinances provides for a Final Plat fee, to be established by City Council resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that the Final Plat fee is hereby established as $125 per plat or registered land survey. 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 6/8/92 Agenda Item Number 11b REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: AN ORDINANCE AMENDING CHAPTER 25 OF THE CITY ORDINANCES ESTABLISHING A FEE FOR VACATING A STREET, ALLEY, OR EASEMENT DEPT. APPROVAL: i Sy Knapp, Dire r of KZic Works MANAGER'S REVIEW /RECOMMENDATION:" No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes • A first reading of the attached ordinance establishing a fee for vacating a street, alley, or easement was held on May 11, 1992. The proposed vacation fee is intended to recover the substantial costs incurred by the City in vacating publicly dedicated land through the ordinance process. RECOMMENDED CITY COUNCIL ACTION Review the proposed ordinance. Conduct a second reading of the ordinance. • Conduct a public hearing on the ordinance. Approve the resolution establishing the fee. • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the eighth day of June, 1992, at 7:15 p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 25 regarding procedures for vacation of streets, alleys, or easements. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the personnel coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 25 OF THE CITY ORDINANCES ESTABLISHING A FEE FOR VACATING A STREET, ALLEY, OR EASEMENT THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 25 of the City ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 25 -701. VACATIONS Any person requesting vacation of any part of a public street alley, or easement shall make application to the Director of Public Works or designee using such forms and providing such information as prescribed and shall pav a cash fee such fee to be established by the Council from time to time All such vacations shall be made by ordinance No street or alley or part thereof may be vacated without the approval of at least four - fifths (4/5) of the members of the Council Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Section 3. This ordinance shall not apply to any vacation for which a vacation application has been filed with the Director of Public Works or designee by the effective date of this ordinance. Adopted this day of , Mayor ATTEST: Deputy City Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING A FEE FOR VACATING A STREET, ALLEY, OR EASEMENT WHEREAS, Section 25 -701 of the City Ordinances provides for a fee for vacating a street, alley, or easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that the fee for vacating a street, alley, or easement is hereby established as $125 per easement to be vacated. 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 6/8/9 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: SAFETY COMMITTEE RECOMMENDATION TO CONDUCT AIR QUALITY STUDY OF CIVIC CENTER AND CITY GARAGE DEPT. APPROVAL: Sy Knapp, Dire r of Pu Works , ,,,, r � MANAGER REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached • During the past year the Employee Safety Committee has reported a number of complaints relating to air quality and air flow in the City Hall, in the Community Center and at the City Garage. The City's building maintenance staff, working with the contractors who have done work on our HVAC systems, have made a number of operational and physical changes to the systems in attempts to deal with the issues. While we believe some improvement has been accomplished, the Safety Committee continues to report receipt of complaints and has recommended ... "that the City hire an outside firm to conduct air quality and air flow tests." The continuing complaints are related to eye discomfort (redness, itchiness, and dryness) unrelated to VDT use, the smell of exhaust fumes and lawn applications brought in through the air intake, concern about dust and oth_' particulates, etc. In order to find a qualified expert in air quality, we requested a recommendation from Clay Larson, the City's Chief Building Official. Clay advised that he has received excellent reports from other cities regarding the work done by Legend Technical Services of St. Paul. Subsequently, we invited Legend to meet with us. On May 21 Clay Larson, Ron Boman (as Chairman of the Employee Safety Committee), Maintenance Supervisor Mike Schlosser, City Manager Gerald Splinter and I met with Legend to interview them and discuss our issues with them. All of us were impressed with Legend's knowledge of the technical, legal and regulatory requirements regarding workplace environments. In particular, Legend appears to recognize that it is necessary to recognize that a 25 -year old system does not meet current code requirements, and they are committed to meet evaluating the system and finding solutions which will • meet current standards without wholesale revision of the physical plant. • Following that interview, we requested Legend to submit a proposal for services. A copy of their proposal is attached. In that proposal Legend offers to perform the proposed study of the City Hall /Community Center complex for a cost not to exceed $3500 and to perform a study of the City Garage for a cost not to exceed $1500 (if done concurrently with the City Hall /Community Center study). Ron Boman has reviewed this proposal and advised that it fulfills the Safety Committee's requests. While there may or may not be a problem with the air quality in these buildings, we believe a positive response to the Safety Committee's request is necessary because: • if problems exist, the study will identify them and recommend solutions • a positive response will maintain employee morale and eliminate potential liabilities. Accordingly, we recommend acceptance of Legend's proposal. RECOMMENDED CITY COUNCIL ACTION A resolution is provided for consideration by the City Council. r Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING PROJECT NO. 1992 -14, AIR QUALITY STUDY OF CIVIC CENTER AND CITY GARAGE, ACCEPTING PROPOSAL TO CONDUCT STUDY AND APPROPRIATING FUNDS THEREFORE WHEREAS, the City's Employee Safety Committee has recommended that the City hire an outside firm to conduct air quality and air flow tests; and WHEREAS, it is the opinion of the City Council that such tests should be made; and WHEREAS, the City Manager in compliance with the Policy for Procurement of Professional Services, as approved by the City Council on August 12, 1991, has obtained a proposal from Legend Technical Services to conduct an Air Quality Study of the Civic Center and City Garage at a cost not to exceed $5,000; and WHEREAS, the Capital Projects Fund was established by Resolution No. 68 -246 for the purpose of financing major permanent facilities as needed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The proposed Air Quality Study is hereby approved and will be designated as Improvement Project No. 1992 -14. 2. All costs for this project shall be allocated from the Capital Projects Fund, 3. The proposal submitted by Legend Technical Services to provide professional services as needed relating to these improvements at a total cost not to exceed $5,000 is hereby accepted. The Mayor and City Manager are hereby authorized and directed to execute an agreement with said firm on the basis of that proposal. 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. L eipid Te ical Servi �hn res 739 VANDALIA ST, ST. PAUL, MN 55114 (612) 642 -1150 FAX (612) 642 -1239 May 21, 1992 Mr. Sy Knapp Director of Public Works City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 RE: Indoor Air Quality Proposal City of Brooklyn Center City Hall /Community Center /City Garage Brooklyn Center, MN Dear Mr. Knapp: Please accept this letter as our proposal to perform indoor air quality diagnostics for the purpose of developing corrective actions for the Brooklyn Center City Hall /Community Center Building with an optional proposal to evaluate the ventilation system serving the City Garage facility. A. SCOPE OF WORK The work shall be performed by two LEGEND TECHNICAL SERVICES, INC. (LEGEND) professionals as required: registered architect /engineer, certified industrial hygienist /chemist, licensed building official, or environmental scientist. Note: A preliminary assessment of the ventilation system in both facilities was made during our May 21, 1992 site visit. This proposed additional quantitative air flow work will enable us to identify air flow problem areas and recommend corrective solutions. LEGEND shall visually survey the City Hall /Community Center Facility, review mechanical construction documents, and perform the following tasks: 1. Facility walk - through Visually identify indoor air movements /characteristics and potential contaminant sources ° Qualitatively evaluate existing "ventilation effectiveness" using visual observations and air flow visualization techniques in representative areas. Determine required minimum outdoor air flow rates in representative areas using appropriate criteria. ° Recommend control strategies to achieve recommended criteria ° Recommend modifications to building and /or HVAC systems to achieve recommended criteria "Indoor Environmental Quality Consultants" City of Brooklyn Center Page 2 May 21, 1992 Evaluate indoor air quality with criteria established in applicable mechanical building codes, standards, and the American Society of Heating, Refrigerating, and Air - Conditioning Engineers, Inc. ( ASHRAE) 62 -1989, Ventilation for Acceptable Indoor Air Quality ASHRAE Guideline 1 - 1989 Commissioning g of HVAC Systems and American Conference of Governmental Industrial Hygienists (ACGIH). 2. Visually survey the physical condition of existing HVAC equipment and construction methods and materials and make appropriate recommendations. 3. Determine Ventilation Performance LEGEND shall determine existing total air and outdoor air exchange ventilation rates in selected areas using tracer gas analysis procedures. These procedures combined with visual air flow techniques shall be used to identify air movement patterns, and contaminant transport paths to assist in the indoor air quality diagnostics. LEGEND shall determine the extent of tracer gas analysis required based on professional observations, area uses and occupant loads provided from Owner while at the facility. 4. LEGEND will collect and analyze bulk, microbiological, and chemical sampling as needed to assist in corrective recommendations. 5. Provide Written Report The report shall include an executive summary, procedures followed, summary of findings, recommendations, and identification of evaluation criteria used in the survey to support the recommendations. B. CLIENT RESPONSIBILITIES 1. Provide general building information including construction dates, additions, recent remodeling or modifications, gross square footage, and number of occupants on floor or area to be evaluated. 2. Provide any architectural /mechanical drawings including the heating, ventilating, and air conditioning (HVAC) systems and control strategy diagrams. 3. Provide access to all mechanical equipment, including ladders to gain access above ceilings, as necessary to perform the HVAC ventilation evaluation. 4. Make available persons most knowledgeable of the building mechanical systems to be present for the initial start of the survey and to operate mechanical equipment. Provide keys or escort to gain access to secured building locations necessary for the survey to be performed. City of Brooklyn Center Page 3 May 21, 1992 C. PRELIMINARY COST ESTIMATE OPTION 1 - City Hall /Community Center LEGEND contracts on a time - and - material basis, however, we propose that this contract for the City Hall /Community Center not exceed a total cost of $3,500.00. This cost includes all estimated professional fees, analytical costs, and travel expenses. The costs represent P tour not p to exceed estimate as we cannot determine the exact extent of required areas as of tracer as analysis g Y and microbiological sampling until we begin the work on the site. Any additional costs above this amount will not be incurred without prior approval by the client. OPTION 2 - EVALUATE CITY EQUIPMENT GARAGE VENTILATION U C OU G NTILATION If the City of Brooklyn Center contracts the evaluation of the garage in conjunction with the City Hall /Community Center, the not to exceed cost for the garage evaluation will be $1,500. If it is to be completed separately at a later date, the cost not to exceed would be $2,500. Professional Fees - Licensed Architect/Professional Engineer $95.00 - Licensed Building Official $95.00 - Certified Industrial Hygienist $95.00 - Junior Project Manager $75.00 - Environmental Scientist $65.00 - Industrial Hygienist $65.00 - Industrial Hygiene Technician $45.00 - Draftsperson $35.00 - Word Processor $35.00 Analytical Expenses - Tracer Gas (estimate 4 sites) Visual Air Flow Patterns $500.00 /site - Boroscope $100.00 /day - Microbiological /Chemical Samples $50.00 /each Travel Expenses - Mileage $ 0.38 /mile OPTION 1 (total cost not to exceed) $3,500.00 OPTION 2 (total cost not to exceed) $1,500.00 City of Brooklyn Center Page 4 May 21, 1992 D. STANDARD OF CARE The recommendations resulting from the work will represent our professional opinions. These opinions shall be arrived at in accordance with currently accepted architectural, engineering, industrial hygiene practices and recognized code practices at this time and location. Other than this, no warranty is implied or intended. ACCEPTANCE Please indicate your acceptance of this fee proposal and attached general standard conditions by signing below. If possible, we would appreciate it if the architectural and mechanical drawings could be forwarded to us for review prior to the site visit. Please call either of the undersigned at 612/642 -1150 if you have any questions on the proposal and let us know how you would like us to proceed. We look forward to assisting you and the City of Brooklyn Center to help resolve your IAQ problems. Cordially, ---� L' L�i ' - ,�L� ichael F. Berreau, C.B.O Charles A. Lane, AIA, P.E. Technical Director Technical Director MFB /CAL slsJ Accepted by: ftjMed�tld'Ff: Todd Paulson, Mayor Sy NAyft Date T4ff G.G. Splinter, City Manager Date GENERAL CONDITIONS SECTION 1: PROJECT INFORMATION 1.1 Client will available for LEGEND's review all imcan Information regarding mo tueg mod proposed LEGEND's total liability to Client for any and all injuries, claims, bases, ones! - s er requriremmts which affect the servics(s) to be performed including, but not limited to information aria cut d a in expen or damages me s , r'ldam lmawa, asWmea m may suspect on hazar&m a - mg any way rested rr the omissions, ns this Agreement. (rue any cares a cares, imhdiq bat 11Y hazardous ntisuoees. Client will i®edubly !>a limited to, Client's negligence, errors, omissions, slrid liability, breach of coolnact, or bucscti of warranty, LEGEND any new information which becomes avai abla to it, its oeotnctom agents or subcontractors. shall not exceed the lost compensation newivad by LEGEND under this AVacsneot. Q:-lc"`y Client agrees to tender masmmbb sssuuna u requested by LEGEND so the performance d the 83 Les m event, whether based on contract, ddem City, warranty, tort fnchaing ne es), stria liability proceed witheul delay a mterkmaw and, when requited by LEGEND, to provide a representative or otherwise shall LEGEND, its to answer questions about the project. If the service(s) to be performed require the presence d LEGEND personnel consequential damn employes, a supplies be liable for special, i o f use o any property, a oe sire, Client will provide a representative at the site to superviee, or coordinate the when g including, but not limited to, Lew of profits o re tire c ban of use d any property, LEGEND, upon 24 horns notion. Upon request d LEGEND Client to t" w e t, and lights ca m o d capital, cost ry substitute equipment, dam id a services, downtimes now, a clef pe m cust omers, law agrees provide Writable wart spas and ❑glts w teases, a invitee's of Client for such damages. the Client to the maxi ®an extent peritted by law and paver to the building unless otherwise atoned upon, iodcamifiem LEGEND against any such claims from Client's Customers, tenants, Insists, m ambers mckding 13 LEGEND will not be liable for soy advice, judgement, or decision based m any inaccurate claims based on alleged neglipncc, strict liability, a branch of contract by LEGEND. If the Client Is mle"Num furnished by Client m other engaged by a for the Client, and Client will indemnify LEGEND agimet furnished LEGEND's service to a th party by Contract, the Client shall obtain from inch tbud Party a liability arising out of or oaotrilated to by such information. provision affording LEGEND's services to a third party by contract, the Client shall obtain from such tbw SECTION 2: SITE ACCESS party a provision affording LEGEND and LEGEND's suppliers the protection of this and the proad ng 2.1 Clint will provide right -ofmry fa LEGEND personnel ad equipment. paragraph, 22 While LEGEND will talon ressonable precaution to minivni any damage to property, it is 8.4 All legal action, except for Clients nowpaymcat of LEGEND invoices, by either party against the other understood that in the normal douse of the service(s) same damage may occur. The corecum o f the damage a the for breach of this A a grecmcnt any addadtffi to it, or failure to perform in accordance with the applicable respcsbility of the Client. standard of care, or that am cesmtially based upon such breach or such failure, shall be barred after two yeah SECTION 3: SAMPLES have passed from the time the claimant knew of should haw known of its claim, and umdar no circumstances Test samples or specimens may be —Urood or subtatrially altered during testing, LEGEND, at its sob discretion, shall be initiated after four years haw passed from the dab on which LEGEND substantially ccsmphcto its may dispose of any remaining residua, sarpbs or specimens immediately upon completion of tests w follows: services or from the dab which LEGEND's servims are terminated, whiedewr is earlier. 3.1 NONHAZARDOUS: LEGEND may retain nonhazardous samples ad/or residue for a maximum of 83 LEGEND will not be responsible for say loss or liability arising from negligence by Curb, Client's thirty (301 days after submission of LEGEND report. At LEGEND's option, or rpm request of the Client m employees or agents. Further, LEGEND will not be responsible for acts, amissieos or the failure of aty writing, such samples will be shipped, at Client'& expense, to destination sekxted; a LEGEND cae store them for parties involved in the design or of any contractor or subcontractor on the Project to perform ad/or amply an agreed stomp charge and duration. Client agrees to hold LEGEND harmless for damage or low to any samphes in accordance with recommendations contained in any oonespcodea m or verbal reoommeodWims isesel by or residues during stomp. LEGEND. 33 HAZARDOUS / POTENTfALLY HAZARDOUS: Clieat iseespoosibbfmallhazardousmpmentially SECTION 9: INSURANCE hazardous maer(sysubunces which arm presem m a project site and/or submitted to LEGEND. Samples 9.1 LEGEND will carry worhor's compensation insurance and public liability and property damage i nsurance submitted, reirieved, emanwmd or determined w containing am haxardais or potentially hazardous policies which LEGEND considers adequate. Certificates of Insurance will In provided to Client rpm request. naerals/sm6atanoes will remain the property of the Client who will be solely ad completely responsible for their SECTION 10: TERMINATION Proper disprisad. All costs associated with the transport and d of said samples are tle Client's responsibility. 10.1 This Agreement may be terminated by either party upon seven (7) days written notice if them is SECTION 4: FEE PAYMENT substantial failure by the other party to perform. Termintim will not be effective if substantial fi iham is 4.1 LEGEND will submit invoices to Client monthly, and a final invoice upon completion of services. remedied before expiration date of sewn (7) days. Upon termination, LEGEND will be paid for services Invoices will show charges hued m a current LEGEND fee schedule or other agreed upon hauls, performed to the dab of termination, phis reasonable termination expenses and subject to Section 3. 4.2 Payment ls due upon receipt Of mveice. Client agmea to Pay mbreat on unpaid invoice balaaroa at 10.2 In the event Client fails to pay LEGEND within sixty (60) days following invoice dame, LEGEND may ■ rate of 13% per math or the maximum allowed by law, beginning thirty (30) days after invoice dab. consider the default a substantial failure to perform this Agreement and all dries sd liabilities of LEGEND 43 Client will notify LEGEND, in writing within fifteen (I5) days from the invoice date, of any alleged under this Agreement terminated. errors, questions or "agreements with the invoice; unit" so notified mvotoos ate decried correct. Client is 10.3 If this Agreement is terminated prior to completion of all reports contemplated by this Agreement, or nespmsMID for payment Of all amounts not in dispute. LEGEND soil Client will diligently }ensue resolution of any suspended for more than throe (3) months, LEGEN D may complete analyses and records as arc neapary to hems Client alegx to be incorrect. compute its 6ka and may also complete a report on the services performed. Termination or suspenaim SECTION S: OWNERSHIP OF DOCUMENTS AND USE OF LEGEND REPORT expenses will include direct costs of complemig analyses, records, reports, and sample dispe sal. &ND. All d0amau prepared by LEGEND as matnmbs of services will ramie the property of SECTION 11: ASSIGNS AND THIRD -PARTY BENEFICIARIES 11.1 Neither party may assign duties or interest under this Agreement without the written consent of the other Client agrees that all reports ad/or other items furnished to Client or its agents, which ate not paid party. for, will be returned upon demand and will not be used by Client fa any purpose whtwtver. 11.2 This Agreement gives m rights or benefits to anyone other than the Clio and LEGEND and this 53 Unless otherwise &grind, LEGEND will mum all pertinent records conning services performed Agreement has no third -party beneficiaries. for • period Of two (2) yeah after the lepers is seat; during that time, the records will be made available to Client SECTION 12: AMENDMENTS during LEG END's normal business hours and subject to a reasonable dirge• 12.1 Thu Agreement may be amended only by a written amendment signed by both Client and LEGEND 5.4 Except ss may aberwise, be provided in an attached Proposal a in any Addedun to General SECTION 13: DELAYS AND UNFORESEEN OCCURRENCES - Caediti ns, Client may use the LEGEND report in its entirety and may make copies of the entire report available 13.1 If LEGEND is delayed in performance due to cirtansuncet beyond its control meiudinb but not limited to others. Client shall not melee disclosure to others of any portico of a report anetitutmg lose than the cmim to, strike, fur., rid, act of Gad, governmental action, action of a third party, or action or inaction of Client, report. The report and any related doaeneou will not be and am not intended or represented to be suitable for reuse, the time Inc performance shall be extended by a period equal to the time lost by reason of the delay. If the by Client Of others for extension of the project a for any other project purpose. LEGEND is not responsible for delay is caused by Clkm, LEGEND will be entitled to payment for its reasonable additional charges due to the mserpretation by others of the information developod. d e l ay. 53 The report and arty related documents are not be used for any maieting or advertising purposes 13.2 If during the perfomance of services, any unforeseen hazardous substances or constituents or other without the express Prior written consent ad approval of LEGEND. unforeseen condition or occurrences, am encountered which in LEGEND's sole judgment, eny significantly SECTION 6: DISPUTES - affect the services, the risk involved in providing the services, or the scam of the wrv-:cs: iEGEND will 6.1 Client will pay all reasonable collection or litigation expenses inohding attorneys fees LEGEND agree with Client to modify the scope of services and provide an Canna, of additional merges to mduie mews in collecting my delis ueot amount Cliem own under this Agreement. In additio4 Client shall pay intetcst provision for the previously unforeseen c4curnstanons, such revision to be in writing and tong signed by the ponies at the nab of 13% per mama o r the aisximhm albwad b5' l aw, an any pia due hLrras. for incorporation therein; or LEGEND will terminate the services effective an the dab specified by LEGEND 6.2 U the Client mstiWes a claim against LEGEND, at taw or otherwise, which in dismissed, or which in writing in which evert Client shall pay LEGEND for services performed to the dab of brmimatiea, pins Client fail to prow, or judgment is subatamially in favor or rendered for LEGEND, Client will pay LEGEND for reasonable brminstion expenses. all oosu of defense, rochding attorney foes, expert witness fees ad cars costs. m idiom Client shall pay interest SECTION 14: MANAGEMENT AND SAFETY RESPONSIBILITY at the rate of 1.5% W math, or the maxima allowed by law, on any past due balances. 14.1 LEGEND will perform professional services i accordance with custom &M practice within the locality SECTION 7: PROFESSIONAL STANDARD AND WARRANTY and ion no instance shall be construed, doomed, assumed, or implied to be tosponsibie for safety at the sits. 7.1 LEGEND services will be performed with that level d cars ad skill ordioaft exercised by members SECTION IS: SEVERABLLTTY of the p'ofesslen currently practicing under similar carditioris including, but not limited to, time and budgetary 15.1 If any element of this Agreement is held to be uenformable all masining provision shall antics, m constraints. No other warranty, express or implied, is made. ecoopt as may be specifically otherwise noted in this farce. Agreement. SECTION 16: ENTIRE AGREEMENT 7.2 V any failure to mat this standard appears within ace (1) year from completion of the services. 16.1 This contract and attached scope of work document represents the entire Agreement between the parties LEGEND will re- perfome t h e serv at its own expense. Thu is the sole obligation of LEGEND ad the sole and supersedes all prim representations or agmomenu. remedy of Clint. 73 Client re00111"lses that hroassible am conditions may vary from those actually esoouterad m ssveys Of sanplinp and that information ad ne000srendatian developed by LEGEND are heed solely on the hdamstim available to LEGEND. Chem further moognircs that oven mots cunprehensive sampling ad testing program performed m ac -rdanoe with a Prelesriaal standard of can way fail to deb& cemum conditions bocause, they are hidden. SECTION 8: INDEMNIFICATION AND LIMITATION OF LIABILITY TTY 8.1 Clkm agrees, except to the attem LEGEND I. ford to be at fault, to asuns entire responsibility Wes liabili ty for all damages or injury t all persons, whether employees of CBeet or otherwise, and to all PropaRy, Ott d, resulting from or in ate, enamor cosrectsd with the atccudon of the services) provided for in this Of ooarrimmg a resulting from the use by Clint, Cliaa's agents, employees m ou tmoton, d materials, repeu from LEGEND, of now doaaems or War property, whether tls woe be owed by LEGEND, Client or third parties. Cikm further agrees, except t the extent LEGEND is farad to be at fault, to kdomr%6, defect and save burrocas LEGEND, its agents ad employees (rotes all such claims plus kgal few ad d6bu+or Pad or kwuried to caforea the provisias of this paragraph. Cldort further &grew to obtain, mmriotain and Pay for such dons.mes coverage w will imsura the provisions o f this paragraph, 8.2 If Section 7.2 doss not apply, Giant hereby agreas that to the fullest muses permitted by law, CITY OF BROOKLYN CENTER Council Meeting Date 6/8/92 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. 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 R1 (one family residence) district would include licensed residential programs with a licensed capacity of six or fewer persons; licensed nonresidential programs P Y rams p p 9 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 b reference p y 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 rovisions and iv P give direction regarding how they wish to proceed with this o p rdinance p rovision. • 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 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 noted that 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 Home 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 o day are facilities in ret ail g Y 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. 462.357, Subd. 7. f. Group family day care facility licensed under M innesota 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. 462.353, 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. is 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. 0 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 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 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. q_ 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 which 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 nursery schools daytime activity centers day treatment programs, and day services Dwelling Attached (Apartment Condominium Cooperative Townhouse or Duplex) - A dwelling Joined to one or more other dwellings b art wall or walls. y party Dwelling, Detached - A dwelling entirelV 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 insured, 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 banda es 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 I NOW < 245A.02 HUMAN SERVICES LICENSING 5694 5695 (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. an of the beneficial interests not excluded in this subdivision. Y bd slon. This clause does not exclude from the definition of controlling individual an organization that is exempt part from taxation. or a Subd. 6. County agency. "County agency" means the agency designated by the in r ! 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 pz law. ter, Subd. 6a. Drop -in child care program. "Drop -in child care program" means a non- or a 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: I care program must be licensed under Minnesota Rules governing child care centers. A tior. 1 ` drop -in child care program must meet one of the following requirements to qualify for or t the rule exemptions specified in section 245A.14, subdivision 6: sen t� Ir 1 the drop-in program p O p -in child care ro ram o erates in a child care center which houses no rela l child care program except the drop -in child care program; cal (2) the drop -in child care program operates in the same child care center but not faci during the same hours as a regularly scheduled ongoing child care program with a stable ing enrollment; or a pr t (3) the drop -in child care program operates in a child care center at the same time p , cal as a regularly scheduled ongoing child care program with a stable enrollment but the program's activities, except for bathroom use and outdoor play, are conducted sepa- rately fun �d from each other. cha Subd. 7. Functional impairment. For the purposes of adult day care or adult foster serr ! care, "functional impairment" means: dit 'L (1) a condition that is characterized by substantial difficulty in carrying out one s 4i or more of the essential major activities of daily living, such as caring for oneself, per - forming manual tasks, walking, seeing, hearing, speaking, breathing, learning, working; :i 245 !$ or 2 a disorder of thought or mood that significantly impairs judgment behavior, =t' capacity to recognize reality or ability to cope with the ordinary demands of life and ual. that requires support to maintain independence in the community. ind f 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. adc I Subd. 9. License holder. "License holder" means an individual, corporation, part- nership, voluntary association, or other organization that is legally responsible for the operation of the program, has been granted a license by the commissioner under sec - !' tions 245A.01 to 245A.16 and the rules of the commissioner, and is a controlling indi- vidual. vid Subd. 10. Nonresidential program. "Nonresidential program" means care, supervi Sion, rehabilitation, training or habilitation of a person provided outside the person's sor own home and provided for fewer than 24 hours a day, including adult day care pro - It 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 re : 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 on July 1, 1987, to provide a program for persons with a physical handicap that is not mi the result of the normal aging process and considered to be a chronic condition; and r , chemical dependency or chemical abuse programs that are located in a nursing home kir or hospital and receive public funds for providing chemical abuse or chemical depen- cat dency treatment services under chapter 254B. Nonresidential programs include home and community -based services and semi - independent living services for persons with od mental retardation or a related condition that are provided in or outside of a person's bu E own home. no i i ;I �. 194 0; `.595 HUMAN SERVICES LICENSING 245A.03 ler 1 Subd. 11. Person. "Person" means a child or adult as defined in subdivisions 2 and is of K 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 le n residential programs, foster care, or adoptive homes. .i- Subd. 13. Individual who is related. "Individual who is related" means a spouse, ie 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, 1- or a legal guardian. )r Subd. 14. Residential program. "Residential program" means a program that pro- d v ides 24- hour -a -day care, supervision, food, lodging, rehabilitation, training, educa- a 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 n fated condition or mental illness and who do not have a significant physical or medi- cal problem that necessitates nursing home care; a program in an intermediate care t ;°acility for four or more persons with mental retardation or a related condition; a nurs- ng home or hospital that was licensed by the commissioner on July 1, 1987, to provide a. program for persons with a physical handicap that is not the result of the normal aging ;)rocess 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 _ 140 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. j 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- j 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 arc 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 nonresidential program is provided; low 707 HUMAN SERVICES LICENSING 245A.11 2 "3A.11 SPECIAL CONDITIONS FOR RESIDENTIAL PROGRAMS. Subdivision 1. Policy statement. It is the policy of the state that persons shall not e excluded by municipal zoning ordinances or other land use regulations from the ben - -`Its of normal residential surroundings. Subd. 2. Permitted single - family residential use. Residential programs with a [ a censed 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 -c,wn, 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- family residential use of property for the purposes of zoning and other land use regula- __' .uns. A town, municipal, or county zoning authority may require a conditional use or uccial 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 use imposed on other conditional uses or special uses of residential property in the same zones, unless the additional conditions are necessary to protect the health and ;: fety of the adults or children being served by the program. Nothing in sections _ = 15A.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 cense, the commissioner shall specifically consider the population, size, land use plan, ailability of community services, and the number and size of existing licensed resi- dential programs in the town, municipality, or county in which the applicant seeks to operate a residential program. The commissioner shall not grant an initial license to any residential program if the residential program will be within 1,320 feet of an exist- . lig residential program unless one of the following conditions apply: (1) the existing _ residential 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 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- r 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 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; j (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; i A. (5) if the plan provides for the relocation of residential programs, the relocation ! 245A.11 HUMAN SERVICES LICENSING 5708 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 to a county required to have an approved plan under paragraph (a) if the county does 1 not have a plan approved by the commissioner or if the county acts in substantial disre- . t and of its # g approved plan. The county board has the right to be provided with advance } notice and to appeal the commissioner's decision. If the county requests a hearing within 30 days ofthe notification of intent to reduce grants, the commissioner shall not certify any reduction in grants until a hearing is conducted and a decision made in } .t accordance with the contested case provisions of chapter 14. 3 Subd. 6. Hospitals; exemption. Residential programs located in hospitals shall be exempt from the provisions of this section. t History: 1987 c 333 s 12; 1988 c 411 s 6; 1990 c 568 art 2 s 47 245A.12 VOLUNTARY RECEIVERSHIP FOR RESIDENTIAL PROGRAMS. 1' Subdivision 1. Definitions. For purposes of this section and section 245A.13, the following terms have the meanings given them. ;E (a) "Controlling individual" has the meaning in section 245A.02, subdivision 5a. 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. (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 as specified in the building and fixed equipment tables of the depreciation guidelines; } and auxiliary buildings in then nature e of sheds garages, and storage buildings rY g , g g g g located on the same site if used for u {= P rP oses related to resident care. t� (c) Related party" means a person who is a close relative of a ro- rovider or a P P 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. :I (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. (2) "Person" means an individual, a corporation, a partnership, an association, a trust, an unincorporated organization, or a government or political subdivision. a i (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 }! 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 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. 245A.13 HUMAN SERVICES LICENSING 5712 57: (2) determine the need for additional staff, additional annual hours by type of or employee, and additional consultants, services, supplies, equipment, repairs, or capital ch assets necessary to satisfy the needs or deficiencies. all Subd. 8. Adjustment to the rate. Upon review of rates under subdivision 7, the commissioner may adjust the residential program's payment rate. The commissioner fir 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- alt ing residential program staff, costs, revenues, or other resources including any invest- ; ments, efficiency incentives, or allowances. If the commissioner determines that any fo deficiency cannot be corrected or the need cannot be met with the payment rate cur- fir rently being paid, the commissioner shall determine the payment rate adjustment by dividing the additional annual costs established during the commissioner's review by i ar the residential program's actual resident days from the most recent desk - audited cost { lic 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 or. { 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 24 ` the commissioner within 60 days after the commissioner notifies the buyer or transferee of the obligation to repay. This provision does not limit the liability of the seller to the + TI I commissioner pursuant to section 256B.0641. to Subd. 9. Receivership accounting. The commissioner may use the medical assis- ca I tance account and funds for receivership cash flow and accounting purposes. Subd. 10. Receivership costs. The commissioner may use the accounts and funds sic that would have been available for the room and board, services, and program costs gc of persons in the residential program for costs, cash flow, and accounting purposes ex pZ related to the receivership. of History: 1987 c 333 s 14; 1988 c 411 s 7; 1989 c 282 art 2 s 83; 1990 c 568 art 2 s (8 T. 49 ar or ail 245A.14 SPECIAL CONDITIONS FOR NONRESIDENTIAL PROGRAMS. dr e .. Subdivision 1. Permitted single- family residential use. A licensed nonresidential or r program with a licensed capacity of 12 or fewer persons and a group family day care tw facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445, to serve 14 or SL fewer children shall be considered a permitted single - family residential use of property m for the purposes of zoning and other land use regulations. fo Subd. 2. Permitted multifamily use. Except as otherwise provided in subdivision c1- j ! 1 or in a town, municipal, or county regulation, a licensed nonresidential program with T ' a licensed capacity of 13 to 16 persons shall be considered a permitted multifamily resi- fo i . 1 dential use of property for purposes of zoning. A town, municipal, or county zoning cr authority may require a conditional use or special use permit in order to assure proper of J maintenance and operation of the program. Conditions imposed on the nonresidential b, a program must not be more restrictive than those imposed on other conditional uses or th 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- fie dential program. Nothing in sections 245A.01 to 245A.16 shall be construed to exclude at le or prohibit nonresidential programs from single - family zones if otherwise permitted by th i t local zoning regulations. it th Subd. 3. Conditional license. Until such time as the commissioner adopts appro- 2_ I priate rules for conditional licenses, no license holder or applicant for a family or group family day care license is required to spend more than $100 to meet fire safety rules S in excess of those required to meet Group "R" occupancies under the Uniform Building Code, chapter 12, as incorporated by reference in Minnesota Rules, part 1305.0100. j When the commissioner determines that an applicant or license holder of a family (r f A ' a� 462357 HOUSING, REDEVELOPMENT, PLANNING, ZONING 9406 9407 should not be excluded by municipal zoning ordinances or other land use regulations sistency with other of from the benefits of normal residential surroundings. For purposes of subdivisions 6a through 9, "person" has the meaning given in section 245A.02, subdivision 11. prohibit certain w with the compreclahensi Subd. 7. Permitted single family use. A state licensed residential facility serving it ofa cultural lar g lion � or fewer persons, a licensed day care facility serving 12 or fewer persons, and a group for the purpose of pro family day care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 terns. The regulations to serve 14 or fewer children shall be considered a permitted single family residential surface development use of property for the purposes of potential t zoning. al mined unde Subd.' 8. Permitted multifamily use. Except as otherwise provided in subdivision 141, and access theret 7 or in any town, municipal or county zoning regulation as authorized by this subdivi_ for any tracts, lots, o 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 n multifamily residential use of property for purposes of zoning. A township, municipal struction and installat or county zoning authority may require a conditional use or special use permit in order and similar utilities ar to assure proper maintenance and operation of a facility, provided that no conditions pality of a cash dept shall be imposed on the facility which are more restrictive than those imposed on other amount and with surt conditional uses or special uses of residential property in the same zones, unless the f utilities and improver additional conditions are necessary to protect the health and safety of the residents of ? tions of the municipa the residential facility. Nothing herein shall be construed to exclude or prohibit residen- made by a subdivider tial or day care facilities from single family zones if otherwise permitted by a local zon- The regulations r. ing regulation. ance with other requi History: 1965 c 670 s 7; 1969 c 259 s 1; 1973 c 123 art 5 s 7; 1973 c 379 s 4; 19711 and to execute deve 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; 19,< ' approval. The munici 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 19; ] ate legal and equitabl 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. Dedica 2s66,67 proposed subdivision roads, sewers, electric. 462.358 PROCEDURE FOR PLAN EFFECTUATION• SUBDIVISION REGUL L - or ponds and similar TIONS. In addition, the rc Subdivision 1. [Repealed, 1980 c 566 s 35] subdivision be dedica Subd. la. Authority. To protect and promote the public health, safety, and generLl public use as parks, pl welfare, to provide for the orderly, economic, and safe development of land, to presei municipality may chc agricultural lands, to promote the availability of housing affordable to persons and fare : for part or all of the ilies of all income levels, and to facilitate adequate provision for transportation, water . based on the fair ma sewage, storm drainage, schools, parks, playgrounds, and other public services an.. used any cash payment facilities, a municipality may by ordinance adopt subdivision regulations establishin:; used only reasonable o for the t standards, requirements, and procedures for the review and approval or disapprov; portion to of subdivisions. The regulations may contain varied provisions respecting, and 1 -.: recreational, or comrr made applicable only to, certain classes or kinds of subdivisions. The regulations sh:. for the subdivision, a= to acquire that portio: be uniform for each class or kind of subdivision. approval of the subdi A municipality may by resolution extend the application of its subdivision regu.r Subd. 3. (Repeale lion s to ni u n o r c o ated territory located within two miles of its limits in n in' rp a direct ry y but not in a town which has adopted subdivision regulations; provided that where tw } Subd. 3a. Plattin: , cels tracts, �� cts, or lots, sh, or more noncontiguous munici municipalities have boundaries p ou danes less than four miles apart, eact which create five or n is authorized to control the subdivision of land equal distance from its boundaries platted. The regulatio within this area. address subjects simil. Subd. 2. [Repealed, 1980 c 566 s 351 Subd. 3b. Review Subd. 2a. Terms of regulations. The standards and requirements in the regulation_• the content of applicat may address without limitation: the size, location, grading, and improvement of lots, and approval or disap; structures, public areas, streets, roads, trails, walkways, curbs and gutters, water supple. affected political subd storm drainage, lighting, sewers, electricity, gas, and other utilities; the planning and consolidation of the pr design of sites; access to solar energy; and the protection and conservation of flood visions. Preliminary o plains, shore lands, soils, water, vegetation, energy, air quality, and geologic and applications. The regt 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 mu _J,A t' MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION 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 noted that 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 Home 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 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 suggested g Council had su ested it might be appropriate to have a moratorium on such home occupations ons 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 rou g p 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 to get a grant for a residential facility for people with head injuries. He noted that there are other problems with the site, that it is located in a flood plain. Commissioner Mann asked how the City Council resolved the subject of advisory commission chairpersons. The Secretary stated that the staff was directed to bring back a resolution for the next City Council meeting which would require the election of chairpersons by each advisory group. He stated that if that resolution is passed, the Planning Commission would elect a chairperson and a chairperson pro tem at its next meeting. He stated that there was also some concern regarding appointment by neighborhood. He stated that the resolution will recommend trying to appoint members from each neighborhood. There followed a discussion regarding advisory commissions, vacancies and chairperson selection. Commissioner Bernards was asked whether he would reconsider serving as chairperson. Commissioner Bernards stated that he felt responsible for some of the difficulty that has arisen and that he would be willing to serve as Chairperson for the rest of the year. ADJOURNMENT Motion by Commissioner Mann to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 10:04 p.m. Chairperson 5 -28 -92 6 CITY OF BROOKLYN CENTER council Meeting Date June 11992 Agenda Item Number 2a C . REQUEST FOR COUNCIL CONSIDERATION e ITEM DESCRIPTION: APPOINTMENT OF AD HOC TASK FORCE FOR THE BROOKLYN BOULEVARD PLANNING STUDY DEPT. APPROVAL: Gerald G. Splinter, City Manager P tY g MANAGER'S REVIEW/RECOM IENDATION: No comments to supplement this report Comments ow /attached SUMMARY EXPLANATION: (supplemental sheets attached ) The City Council has approved Dahlgren, Shardlow, Uban Inc. to conduct a planning study for Brooklyn Boulevard. This study involves an advisory Task Force to assist staff and the consultant in the development of the study and its final recommendations. At the time of the award of the contract for the study to Dahlgren, Shardlow, Uban Inc. Council discussed various options for filling the membership list of the ad hoc task force. Among those groups mentioned for inclusion in the task force membership list were business community members, property owners along Brooklyn Boulevard, residents of the area, members of the Planning Commission and members of neighborhood advisory committees abutting Brooklyn Boulevard. We have enclosed for your review membership rosters of the Planning Commission and the rosters of advisory committees whose districts abut Brooklyn Boulevard. We also encourage your consideration of Janis Blumentals and Jack Lescault for membership on this Task Force as they served on the selection committee which recommended the consultant for this project. Mr. Blumentals is the chair of the Economic Development Committee of the Chamber of Commerce. Mr. Lescault is a property owner and business person on Brooklyn Boulevard. RECOMMENDATION We recommend the Council, as early as possible, establish and appoint a nine to eleven member ad hoc task force for the Brooklyn Boulevard study. We would encourage the Council to act as quickly as possible on this matter as the study can't proceed beyond very preliminary stages without the task force membership being officially created by the City Council and membership appointed to it. PLANNING COMMISSION MEMBERS MAY 15, 1992 Wallace Bernards 5540 Bryant Avenue North (55430) 560 -8658 2 yrs. term - December 31, 1992 Mark Holmes 7207 Grimes Avenue North (55429) 560 -3036 2 yr. term - December 31, 1991 Bertil Johnson 5333 E. Twin Lake Boulevard (55429) 537 -1823 2 yr. term - December 31, 1991 Barbara Kalligher CHAIRPERSON 5548 Girard Avenue North (55430) 566 -3836 2 yr. term - December 31, 1993 Kristen Mann 5415 E. Twin Lake Boulevard (55429) 535 -7646 2 yr. term - December 31, 1992 Ella Sander 6732 Willow Lane (55430) 566 - 0460 2 yr. term - December 31, 1991 NEIGHBORHOOD ADVISORY GROUPS 1992 NORTHWEST NEIGHBORHOOD - James Carlson 3609 Violet Avenue North 561 -1065 Greg McGeary 3007 Thurber Road 560 -3019 Barbara Sorenson 6901 Toledo Avenue North 561 -4524 Jolene Heath 7037 Perry Avenue North 561 -8938 SOUTHWEST NEIGHBORHOOD - COMMISSIONER JOHNSON 537 -1823 Charles Gellerman 3853 Oak Street North 537 -4314 Yvonne Quady 4725 Twin Lake Avenue North 533 -1229 * William Hawes 3612 53rd Avenue North 535 -0995 WEST CENTRAL NEIGHBORHOOD Donald Ewert 5931 Halifax Avenue North 537 -5361 Mary Jo Danielson 6223 Major Avenue North 533 -4424 Patricia Weitzel 4418 66th Avenue North 533 -8364 CENTRAL NEIGHBORHOOD - COMMISSIONER MANN 535 -7646 * Tony Kuefler 5943 Abbott Avenue North 561 -3251 Gordon Gunderson 6507 Chowen Avenue North 561 -1826 Diane Reem 6225 Chowen Avenue North 561 -2690 * Denotes Chairman CITY OF BROOKLYN CENTER Council Meeting Date 6/8/92 Agenda Item Number 3 a — --- REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTIONS AMENDING ADVISORY COMMISSIONS' ENABLING RESOLUTIONS DEPT. APPROVAL: GeralyrA. Barone, Personnel Coordinator ****************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * * * * ** MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached ) • Each of the next five resolutions regarding the City's ongoing advisory commissions contain language approved by the council at the May 26, 1992, city council meeting. RECOMMENDED CITY COUNCIL ACTION Discuss and approve resolutions amending advisory commissions' enabling resolutions. i / 3 a� Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING RESOLUTION NOS. 87 -87 AND 87 -134 REGARDING THE BROOKLYN CENTER PLANNING COMMISSION WHEREAS, Resolution Nos. 87 -87 and 87 -134 define the duties and responsibilities of the Brooklyn Center Planning Commission; and WHEREAS, the Brooklyn Center City Council wishes to amend certain sections of these resolutions regarding the appointment of the chairperson, representation requirements, and filling vacancies on the Planning Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Resolution Nos. 87 -87 and 87 -134 are hereby amended as follows: I. Change Subdivision 6, Chairperson to read: The Chairperson shall be elected by majority vote of the Planning Commission membership. The election shall be conducted at the Planning Commission's first regular meeting of the calendar year, or, in the case of a vacancy, within two regularly scheduled Planning Commission meetings from the time a vacancy of the chair occurs. The Chairperson may be removed by majority vote of the Planning Commission membership. The Chairperson shall assure fulfillment of the following responsibilities in addition to those otherwise described herein: II. Change Subdivision 6, Representation Requirements to read: Due regard shall be given by the Mayor and City Council in appointing Commission members which will take into consideration geographical distribution within the City, as described in Subdivision 11, and the representative nature of the Commission in terms of gender, religion, ethnic, racial, age, handicapped, employee, and employer groups. III. Change Subdivision 6, Resignations - Removal from Office - Vacancies to read: Commissioners may resign voluntarily or may be removed from office by the Mayor with consent by majority vote of the City Council. Three consecutive unexcused absences from the duly called Commission meetings or unexcused absences from a majority of duly called RESOLUTION NO. 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 Planning 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 Planning 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 0 vote, the City Council may approve an appointment at a regular City Council meeting fallowing the presentation of the nominee. BE IT FURTHER RESOLVED by the City Council that the present term of the Planning Commission chairperson shall expire upon passage of this resolution and the Planning Commission membership shall elect a chairperson for the Commission at the next regularly scheduled Commission meeting with a term to expire December 31, 1992. Thereafter, the Planning Commission chairperson shall be elected by the Planning Commission membership at its first regular meeting of each calendar year. 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. 87 -87 RESOLUTION NO. 87 -134 RESOLUTION DEFINING DUTIES AND RESPONSIBILITIES OF THE BROOKLYN CENTER PLANNING COMMISSION THEREFOR WHEREAS, the City of Brooklyn Center is promoting planning of development and redevelopment in the City; and WHEREAS, provisions for an advisory Planning Commission were established in Chapter 35 of the City Ordinances; and WHEREAS, as part of a movement towards standardization of the City Council advisory commission structure, Chapter 35 of the City Ordinances relating to the Planning Commission was amended on March 23, 1987; and WHEREAS, the City Charter provides for the establishment of commissions to advise the City Council with respect to policy formulation for municipal functions and activities; and WHEREAS, it is desirable for the City of Brooklyn Center to continue the function served by the Planning Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that there is hereby established within the City of Brooklyn Center an advisory Planning Commission with duties and responsibilities as follows: Subdivision 1. TITLE: This organization shall be known as the Brooklyn Center Planning Commission. Subdivision 2. SCOPE: The scope of activity of this Commission shall consist of advising the City CounCi' and other Brooklyn Center advisory commission,' regarding matters relevant to planning functions. Subdivision 3. PURPOSE: The general purpose of the Commission is to act in an advisory capacity to the City Council on issues related to comprehensive planning of land use and development, platting, rezoning and special use applications, plan approval, variances and appeals. Subdivision 4. DUTIES AND RESPONSIBILITIES: In fulfillment of its purpose, the duties and responsibilities of the Commission are as follows: 1. Planning a. Comprehensive Planning. The Commission shall, from time to time, upon its own motion or upon direction of the City Council, review the Comprehensive Plan and by a majority vote of all members of the Commission recommend appropriate amendments to the City Council. Before recommending any such amendments to the City Council, the Commission shall hold at least one public hearing to consider the proposed amendment. The staff liaison to the Commission shall publish notice of the time, place and purpose of the hearing once in the official newspaper of the municipality at least ten (10) days before the date of the hearing. Furthermore, the staff liaison shall transmit copies of the proposed amendment to the City Council prior to the publication of the notice of hearing. Following the review and recommendation by the Commission, the City Council shall consider the proposed amendment and may, by resolution of two - thirds of its members, amend the Comprehensive Plan. b. Coordination with Other Agencies. In the performance of its planning activities, the Commission shall consult with and coordinate the planning activities of other departments and agencies of the municipalit to insure conformity with and to assist in development of the comprehensive municipal plan. Furthermore, the Commission shall take due cognizance of the planning activities of adjacent units of government and other affected public agencies. C. Land Uses The Commission shall, from time to time, review and report to the City Council on balance among Brooklyn Center land uses, and shall review existing land uses and kindred regulations, recommending any changes to the City Council (as outlined in the Brooklyn Center Year 2000 Committee Report). -2- 2. Redevelopment The Commission shall, from time to time, upon its own motion or upon direction from the City Council, review and discuss a redevelopment policy for the City of Brooklyn Center, and make recommendations to the City Council with regard to redevelopment in the City. 3. Platting Before dividing any tract of land into two or more lots or parcels, an owner or subdivider shall, unless a variance is authorized, proceed under the provisions of Chapter 15 of the Ordinances of the City of Brooklyn Center. 4. Rezoning and Special Use Applications The Commission shall hear and review all applications for amendments to the Zoning Ordinance, hereinafter referred to as "Rezoning Applications ", and applications for special use permits. The staff liaison to the Planning Commission shall maintain permanent files and records for each application to the Commission. The record for each application shall consist of a written application on a form provided by the municipality, the minutes of the Commission upon the hearing of the application, and the written recommendation of the Planning Commission. (See Section 35 -210, Rezoning, and Section 35 -220, Special Use Permits of the Ordinances of the City of Brooklyn Center.) 5. Plan Approval Every person, before commencing the construction or major alteration of a structure (except one and two family dwellings and buildings accessory thereto), shall submit information as set out in Section 35 -230 of the Ordinances of the City of Brooklyn Center. 6. Variances (Adjustments) and Appeals The Planning Commission shall serve as the Board of Adjustment and Appeals of the municipality. When acting as the Board of Adjustments and Appeals, the Planning Commission's recommendations shall be advisory to the City Council. -3- The rules of parliamentary procedure governing the conduct of Planning Commission meetings shall also govern the conduct of the meetings of the Planning Commission when acting as the Board of Adjustment and Appeals. The staff liaison to the Planning Commission shall act as the staff liaison to the Board of Adjustment and Appeals and shall maintain permanent files and records for each appeal, application or petition to the Board of Adjustments and Appeals. The staff liaison shall maintain a separate file for each application, petition, or appeal to the Board of Adjustments and Appeals and shall place in said file, the record pertaining to each proceeding which shall consist of the written application, petition, or appeal; a copy of the minutes of the hearing of the Board; and a copy of the written recommendation of the Board. The Planning Commission, acting as the Board of Adjustments and Appeals, shall hear applications for variances (adjustments) in accordance with Section 35 -240 and appeals in accordance with Section 35 -250 of the Ordinances of the City of Brooklyn Center. 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 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: 1. Preside over meetings of the Commission; 2. Appear or appoint a representative to appear, as necessary, before City advisory commissions and the City Council to present the viewpoint of the Commission in matters relevant to planning and zoning; 3. Review all official minutes of the City Council and other advisory commissions for the purpose of informing the Planning Commission of matters relevant to planning and zoning; -4- 4. Provide liaison with other governmental and voluntary organizations on matters relevant to planning and zoning. 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 two -year terms, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. Upon expiration of his term of office, a member shall continue to serve until his successor is appointed and shall have qualified. Terms of office for members of the Commission shall expire on December 31 of respective calendar years. In the event an appointed Commissioner suffers from an extended illness, disability, or other activity preventing proper fulfillment of duties, responsibilities, rules and regulations of the Commission, the Commissioner may be temporarily replaced during the temporary leave by an interim Commissioner appointed by the Mayor with majority consent of the City Council. Qualifications for Membership Members of the Commission shall be residents of the City of Brooklyn Center while serving on the Commission, shall have bee: - residents of said City for at least one year prior- to their appointment, and shall represent a broad range of interest in the planning function. Representation Requirements Due regard shall be given by the Mayor in appointing Commission members with geographical distribution within the City, as described in Subdivision 10. Conflict of Interest No Commissioner shall take part in the consideration of any matter wherein he is the applicant, petitioner, or appellant, nor in the consideration of any application, petition, or appeal wherein his interest might reasonably be expected to affect his impartiality. -5- Resignations- Removal from Office - Vacancies Commissioners may resign voluntarily or may be removed from office by the Mayor with consent by majority vote of the City Council. Three consecutive unexcused absences from duly called Commission meetings or unexcused absences from a majority of duly called Commission meetings within one calendar year shall constitute automatic resignation from office. The City staff liaison on the Commission shall inform the Mayor of such automatic resignations. Vacancies in the Commission shall be filled by Mayoral appointment with majority consent of the City Council. 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. Subdivision 8. MEETINGS: 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. 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. -6- 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. -7- �- R13 CD _ - - - o f m 11 c ' O 1 � ., 1C ..� 1 I I f i � � � � r• sir, r r : } ', t r F � i 1[iT ], �t f 1 E r r�11 HIM E E it 1 f..Ef , F ] I� ?t f � - ' 'I�fF�;�4 4t ;\ =•,'�ia�''0.ii it yy � yy 1 , If ] . �P T "I lie 0 o it _ :3 o A_ 3 V/ T \r f -..✓ rt �___ � � � �"•I y ��i MTV DUPNA4 ISLAND 1 -_ n .... Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING RESOLUTION NOS. 68 -44, 69 -35, 71 -211, 74 -68, AND 87 -132 REGARDING THE BROOKLYN CENTER HUMAN RIGHTS AND RESOURCES COMMISSION WHEREAS, Resolution Nos. 68 -44, 69 -35, 71 -211, 74 -68, and 87 -132 define the duties and responsibilities of the Brooklyn Center Human Rights and Resources Commission; and WHEREAS, the Brooklyn Center City Council wishes to amend certain sections of these resolutions regarding the appointment of the chairperson, representation requirements, and filling vacancies on the Human Rights and Resources Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Resolution Nos. 68 -44, 69 -35, 71 -211, 74 -68 and 87 -132 are hereby amended as follows: I. Change Subdivision 6, Chairperson to read: The Chairperson shall be elected by majority vote of the Human Rights and Resources Commission membership. The election shall be conducted at the Human Rights and Resources Commission's first regular meeting of the calendar year, or, in the case of a vacancy, within two regularly scheduled Human Rights and Resources Commission meetings from the time a vacancy of the chair occurs. The Chairperson may be removed by majority vote of the Human Rights and Resources Commission membership. The Chairperson shall assure fulfillment of the following responsibilities in addition to those otherwise described herein: II. Change Subdivision 6, Representation Requirements to read: Due regard shall be given by the Mayor and City Council in appointing Commission members which will take into consideration geographical distribution within the City, as described in Subdivision 11, and the representative nature of the Commission in terms of gender, religion, ethnic, racial, age, handicapped, employee, and employer groups. III. Change Subdivision 6, Resignations - Removal from Office - Vacancies to read: Commissioners may resign voluntarily or may be removed from office by the Mayor with consent by majority vote of the City Council. Three consecutive unexcused RESOLUTION NO. absences from the duly called Commission meetings or unexcused 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 Human Rights and Resources Commission membership must be obtained in the City Clerk's office and must be submitted in writing to the City Clerk who shall forward copies of the applications to the Mayor and City Council. The Mayor shall present at a regular City Council meeting the nomineeT7. ,4 for Human Rights and Resources Commission appointment who has submitted the required application form. By unanimous vote, the City Council may approve an appointment at the City Council meeting at which the nominee was presented, or, by majority vote, the City Council may approve an appointment at a regular City Council meeting following the presentation of the nominee. IV. Add Subdivision 11, NEIGHBORHOODS, to read: 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 RESOLUTION NO. 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. BE IT FURTHER RESOLVED by the City Council that the present term of the Human Rights and Resources Commission chairperson shall expire upon passage of this resolution and the Human Rights and Resources Commission membership shall elect a chairperson for the Commission at the next regularly scheduled Commission meeting with a term to expire December 31, 1992. Thereafter, the Human Rights and Resources Commission chairperson shall be elected by the Human Rights and Resources Commission membership at its first regular meeting of each calendar year. 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. 68 -44 RESOLUTION NO. 69 -35 RESOLUTION NO. 71 -211 RESOLUTION NO. 74 -68 RESOLUTION NO. 87 -132 RESOLUTION CREATING THE BROOKLYN CENTER HUMAN RIGHTS AND RESOURCES COMMISSION AND DEFINING ITS DUTIES AND RESPONSIBILITIES THEREFOR WHEREAS, the City of Brooklyn Center has experienced a period of extensive growth and development, and it is anticipated that such growth will continue for an indeterminate period; and WHEREAS, such growth and development necessitates intensified communication and protection of just and equitable rights among all residents of the community to promote harmonious relationships among people of all races, religion, ethnic groups, social - economic status, ages, gender, physical, mental and emotional disabilities and diverse life styles; and WHEREAS, the Legislature of the State of Minnesota has enacted Chapter 363, Minnesota State Act Against Discrimination which provides for and permits the delegation of certain responsibilities under the Act to local human rights commissions; and WHEREAS, broad citizen participation in the affairs of the community is actively sought and promoted by the City Council on the premise that such participation promotes a better community. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the public policy of said City shall be to fulfill its responsibility in assuring for all citizens equal opportunity in housing, employment, public accommodations, public services and education, and to work consistently to further improve the human relations climate of the City of Brooklyn Center. BE IT FURTHER RESOLVED that there is hereby established within the City of Brooklyn Center a Human Rights and Resources Commission as follows: Subdivision 1. TITLE: This organization shall be known as the Brooklyn Center Human Rights and Resources Commission. Subdivision 2. SCOPE: The scope of activity of this Commission shall consist of advising the City Council and other Brooklyn Center advisory commissions regarding matters relevant to human rights, needs and services. Subdivision 3. PURPOSE: The purpose of the Commission is to promote understanding and equal opportunity in employment, housing, public accommodations, public services and education, and full participation in th affairs of this community by assisting the Stat Department art ment of Hum an Rights hts in implementing the Minnesota g p g a State Act Against Discrimination and by advising the City Council on long range programs to further improve community relations in the City of Brooklyn Center. Subdivision 4. DUTIES AND RESPONSIBILITIES: In fulfillment of its purpose, the duties and responsibilities of the Commission shall be to: (1) Advise the City Council on human relations and civil rights issues and recommend the adoption of such specific policies or actions as are needed to provide for equal opportunity in the community. (2) Advise in the development of a Human Relations Program for the City of Brooklyn Center to give increased effectiveness and direction to the work of all individuals and agencies addressing themselves to planning, policy making and educational programs in the area of civil and human rights. (3) Enlist the cooperation of organizations, individuals and other advisory bodies in th community in an active program directed to promote understanding and equal opportunity and eliminate discrimination and inequities. (4) Advise in the development of a formal and informal educational program to assist in the implementation in the Minnesota State Act Against Discrimination and provide for the Commission's assumption of leadership in recognizing and resolving civil and human problem areas in the community. 5 Advise and assist ( ) in the determination n of human service needs in the community. 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 appointed by the Mayor with majority consent of the City Council. The -2- 0 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: 1. Preside over meetings of the Commission; 2. Appear or appoint a representative to appear, as necessary, before City advisory commissions and the City Council to present the viewpoint of the Commission in matters relevant to human rights and needs, as it relates to business under consideration by said commissions or City Council; 3. Review all official minutes of the City Council and other advisory commissions for the purpose of informing the Human Rights and Resources Commission of matters relevant to human rights and needs; 4. Provide liaison with other governmental and voluntary organizations on matters relevant to human rights and needs. Vice Chairperson A Vice Chairperson shall be appointed annually by the Chairperson from the members of the Commission. The Vice Chairperson shall perform such duties as may be assigned by the Chairperson and shall assume the responsibilities of the chair in the absence of the Chairperson. Members' Term of Office Members of the Commission shall be appointed by the Mayor with majority consent of the Council. The terms of office shall be staggered three - year terms except Y that any appointed p y p to fil; a vacancy occurring prior to the expiration of the term which his predecessor was appointed shall be appointed only for the remainder of such term. Upon expiration of his term of office, a member shall continue to serve until his successor is appointed and shall have qualified. Terms of office for members of the Commission shall expire on December 31 of respective calendar years. In the event an appointed Commissioner suffers from an extended illness, disability, or other activity preventing proper fulfillment of duties, responsibilities, rules and regulations of the Commission, the Commissioner may be temporarily replaced during the temporary leave by an interim Commissioner appointed by the Mayor with majority consent of the City Council. -3- Qualifications for Membership Members of the Commissio shall be residents of the City of Brooklyn Center whilie serving on the Commission, shall have been residents of said City for at least one year prior to their appointment, and shall represent a broad range of interest in the human rights and services function. Representation Requirements Due regard shall be given by the Mayor in appointing Commission members with geographical distribution within the City, and the representative nature of the Commission in terms of sex, religion, ethnic, racial, age, handicapped, employment and employer groups. Conflict of Interest No Commissioner shall take part in the consideration of any matter wherein he is the applicant, petitioner, or appellant, nor in the consideration of any application, petition, or appeal wherein his interest might reasonably be expected to affect his impartiality. Resignations- Removal from Office - vacancies Commissioners may resign voluntarily or may be removed from office by the Mayor with consent by majority vote of the City Council. Three consecutive unexcused absences from duly called Commission meetings or unexcused absences from a majority of duly called Commission meetings within one calendar year shall constitut automatic resignation from office. The City staff liaison on the Commission shall inform the Mayor of such automatic resignations. vacancies in the Commission shall be filled by Mayoral appointment with majority consent of the City Council. 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. Subdivision 8. MEETINGS: The initial meeting of the Commission shall be convened at the call of the Chairperson within thirty (30) days after appointment by the Council. Thereafter, regular meetings shall be held with date and time to be determined by the Commission. Special meetings may be called by the Chairperson. Subdivision 9. STAFF: The City Manager shall assign one member of the administrative staff to serve as staff to the Commission. The staff member assigned shall perform -4- 0 such clerical and research duties on behalf of the Commission as may be assigned by the chairperson or the City Manager. Subdivision 10. EX OFFICIO MEMBERS: The Mayor or his Councilperson- appointee shall serve as an ex officio member of the Commission, privileged to speak on any matter but without a vote, and shall provide a liaison between the Commission and the City Council. -5- Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING RESOLUTION NOS. 73 -140, 75 -97, 77 -22, AND 87 -131 REGARDING THE BROOKLYN CENTER HOUSING COMMISSION WHEREAS, Resolution Nos. 73 -140, 75 -97, 77 -22, and 87 -131 define the duties and responsibilities of the Brooklyn Center Housing Commission; and WHEREAS, the Brooklyn Center City Council wishes to amend certain sections of these he resolutions regarding the appointment of g g PP the chairperson, representation requirements, and filling vacancies on the Housing Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Resolution Nos. 73 -140, 75 -97, 77 -22, and 87 -131 are hereby amended as follows: I. Change Subdivision 6, Chairperson to read: The Chairperson shall be elected by majority vote of the Housing Commission membership. The election shall be conducted at the Housing Commission's first regular meeting of the calendar year, or, in the case of a vacancy, within two regularly scheduled Housing Commission meetings from the time a vacancy of the chair occurs. The Chairperson may be removed by majority vote of the Housing Commission membership. The Chairperson shall assure fulfillment of the following responsibilities in addition to those otherwise described herein: II. Change Subdivision 6, Representation Requirements to read: Due regard shall be given by the Mayor and City Council in appointing Commission members which will take into consideration geographical distribution within the City, as described in Subdivision 11, and the representative nature of the Commission in terms of gender, religion, ethnic, racial, age, handicapped, employee, and employer groups. III. Change Subdivision 6, Resignations - Removal from Office - Vacancies to read: Commissioners may resign voluntarily or may be removed from office by the Mayor with consent by majority vote of the City Council. Three consecutive unexcused absences from the duly called Commission meetings or RESOLUTION NO. unexcused 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 Housing 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 nomineejsy' for Housing 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. BE IT FURTHER RESOLVED by the City Council that the present term of the Housing Commission chairperson shall expire upon passage of this resolution and the Housing Commission membership shall elect a chairperson for the Commission at the next regularly scheduled Commission meeting with a term to expire December 31, 1992. Thereafter, the Housing Commission chairperson shall be elected by the Housing Commission membership at its first regular meeting of each calendar year. 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. 73 -140 RESOLUTION NO. 75 -97 RESOLUTION NO. 77 -22 RESOLUTION NO. 87 -131 RESOLUTION ESTABLISHING A BROOKLYN CENTER HOUSING COMMISSION AND DEFINING DUTIES AND RESPONSIBILITIES THEREFOR WHEREAS, the housing situation in Brooklyn Center has reached a point in its development which requires a concentrated effort in the development of housing standards to protect the quality of life in the community; and WHEREAS, Brooklyn Center shows the beginning of some housing deterioration and it is a common fact that deterioration can quickly reach a point where repair is no longer feasible and deterioration will then spread to the entire neighborhood causing blight; and WHEREAS, for a housing program to be successful, it must involve citizen participation to tailor the program to the citizens of Brooklyn Center; and WHEREAS, the City of Brooklyn Center being a progressive community, must commit itself to the maintenance of quality housing for its citizens. NOW, THEREFORE, BE IT RESOLVED by the Brooklyn Center City Council that there is hereby established within the City of Brooklyn Center an advisory Housing Commission as follows: Subdivision 1. TITLE: This organization shall be known as the Brooklyn Center Housing Commission. Subdivision 2. SCOPE: The scope of activity of this Commission shall consist of advising the City Council and other Brooklyn Center advisory commissions regarding matters relevant to housing. Subdivision 3. PURPOSE: The general purpose of this Commission shall be to afford citizen input in the development of a housing program to supplement the activities of the City Council. Subdivision 4. DUTIES AND RESPONSIBILITIES: In fulfillment of its purpose, the duties and responsibilities of the Commission shall be to: (1) Advise, investigate and review relevant matters for the City Council. (2) Develop an overall plan for housing in line with the comprehensive plan for Brooklyn Center and the needs of the metropolitan area. (3) Serve as a forum for the citizens of Brooklyn Center to voice their opinions regarding housing matters. (4) Work closely with the Planning Commission and all other commissions on matters regarding housing. (5) Work with the neighborhood advisory committees of the Planning Commission to understand the housing needs of each area of Brooklyn Center. (6) Develop and recommend standards for occupancy and maintenance of housing for the community. (7) Study the feasibility of establishing an occupancy permit program in conjunction with a housing maintenance code in Brooklyn Center. (8) Investigate new and innovative concepts in housing for the community. (9) Develop and recommend programs which will provide quality housing for low and moderate income citizens. (10) Develop and recommend a rehabilitation program as needed for existing housing in Brooklyn Center, especially for major maintenance and energy modernization projects. (11) Understand the financial resources available to the citizens in Brooklyn Center as it relates to housing. (12) Investigate all housing programs in terms of life safety. (13) Provide education seminars for the citizens of Brooklyn Center in matters of housing. (14) Serve as the initial review and advisory body for the Board of Appeals regarding contested compliance orders pursuant to the Housing Maintenance and Occupancy Ordinance, Sections 12- 1202 and 12 -1203. (15) Assist the Planning Commission in reviewing and discussing a redevelopment policy for the City of Brooklyn Center, and make recommendations to the City Council with regard to redevelopment in the City. -2- Subdivision 5. COMPOSITION: The Commission shall be composed of a chairperson and eight (8) members, all of whom shall be appointed and serve as set forth in Subdivision 6. Subdivision 6. MEMBERS METHOD OF SELECTION -TERM OF OFFICE - REMOVAL: Chairperson The Chairperson shall be 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: (1) Preside over meetings of the Commission; (2) Appear or appoint a representative to appear, as necessary, before City advisory commissions and the City Council to present the viewpoint of the Commission in matters pertaining to housing, as it relates to business under consideration by said commissions or City Council; (3) Review all official minutes of the City Council and other advisory commissions for the purpose of informing the Housing Commission of matters relevant to housing; g (4) Provide liaison with other governmental and voluntary organizations on matters relevant to housing. Vice Chairperson A Vice Chairperson shall be appointed annually by the Chairperson from the members of the Commission. The Vice Chairperson shall perfor7- such duties as may be assigned by the Chairperson an:-:' 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 predecessor was appointed shall be appointed only for the remainder of such term. Upon expiration of his term of office, a member shall continue to serve until his successor is appointed and shall have qualified. Terms of office for members of the Commission shall expire on December 31 of respective calendar years. -3- 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 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 1p Members of the Commission shall be residents of the City of Brooklyn Center while serving on the Commission, shall have been residents of said City for at least one year prior to their appointment, and shall represent a broad range of interest in the housing function. Representation Requirements Commission members may be appointed on an at -large basis after giving consideration to the geographic neighborhoods as described in Subdivision 11. Conflict of Interest No Commissioner shall take part in the consideration of any matter wherein he is the applicant, petitioner, or appellant, nor in the consideration of any application, petition, or appeal wherein his interest might reasonably be expected to affect his impartiality. Initial Appointment The Commission under this resolution shall become effective September 1, 1973 and shall consist of three members appointed for a term through December., 1974, three members appointed for a term through December, 1975, and three members appointed for a term through December, 1976. Resignations- Removal from Office - Vacancies Commissioners may resign voluntarily or may be remove from office by the Mayor with consent by majority vote of the City Council. Three consecutive unexcused absences from duly called Commission meetings or unexcused absences from a majority of duly called Commission meetings within one calendar year shall constitute automatic resignation from office. The City staff liaison on the Commission shall inform the Mayor Of such automatic resignations. Vacancies in the Commission shall be filled by Mayoral appointment with majority consent of the City Council. 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. -4- Subdivision 8. MEETINGS: The initial meeting of the Commission shall be convened at the call of the Chairperson during October, 1973. 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 y or his Councilperson- appointee shall serve as an ex officio member of the Commission, privileged to speak on any matter but without a vote, and shall provide a liaison between the Commission and the City Council. Subdivision 11. NEIGHBORHOODS: Neighborhoods Described Southeast Neighborhood: The Southeast neighborhood shall be bordered on the south by the south city limits; on the east by the Mississippi River; on the north by FAI -94; and on the west by Shingle Creek. Northeast Neighborhood: The Northeast neighborhood shall be bordered on the south by FAI -94; on the east by the Mississippi River; on the north by the north city limits; and on the west by Shingle Creek. Northwest Neighborhood: The Northwest neighborhood shall be bordered on the south by FAI -94; on the east by Shingle Creek; on the north by the north city limits; and on the west by the west city limits. 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. 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. Southwest Neighborhood: The Southwest neighborhood shall be bordered on the south by the south city limits; • on the h east by Shingle Creek, on the north by County Road 10; and on the west by the west city limits. -5- Neighborhood Advisory Committees: Commissioners shall be assigned by the Chairperson as liaison to neighborhood advisory committees of the Planning Commission. It will then be a responsibility of each neighborhood advisory committee of the Planning Commission to review housing matters and present the neighborhood attitudes and opinions on general and specific housing programs directly affecting that neighborhood. I -6- i +n I r gg Ls.lth ..,J - -___ 1 LR, fo� °"'r -�— .rJ •�_•� r.. - --,'• j•'" _ r _ �_ -- -- 1 pp - tl9. ,9n � 11{ C7Cj t P • r., e,.'.'t ,� E .tom"• �uL COC ' . F _ 1m j , r e, c% r.� I�I ..are.1 � � G I I I 'll ''ll•' i I� ��� 'i � f c _ lt►i til,;ii � 1 ,11 ,I I�I II r.n . - -1 O � 1! ,, I! { 1! Irtu l r l ,) 1 • i . { t ll { i t!n {i1 {'� t't {t {itlrfl {r 1'i • ��� : Q ll l if Iii llllilid, lllttt 1 ,r-Ir 1 III 131 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING RESOLUTION NOS. 73 -25, 77 -52, AND 87- 133 REGARDING THE BROOKLYN CENTER PARK AND RECREATION COMMISSION WHEREAS, Resolution Nos. 73 -25, 77 -52, and 87 -133 define the duties and responsibilities of the Brooklyn Center Park and Recreation Commission; and WHEREAS, the Brooklyn Center City Council wishes to amend certain sections of these resolutions regarding the appointment of the chairperson, representation requirements, and filling vacancies on the Park and Recreation Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Resolution Nos. 73 -25, 77 -52, and 87- 133 are hereby amended as follows: I. Change Subdivision 6, Chairperson to read: The Chairperson shall be elected by majority vote of the Park and Recreation Commission membership. The election shall be conducted at the Park and Recreation Commission's first regular meeting of the calendar year, or, in the case of a vacancy, within two regularly scheduled Park and Recreation Commission meetings from the time a vacancy of the chair occurs. The Chairperson may be removed by majority vote of the Park and Recreation Commission membership. The Chairperson shall assure fulfillment of the following responsibilities in addition to those otherwise described herein: II. Change Subdivision 6, Representation Requirements to read: Due regard shall be given by the Mayor and City Council in appointing Commission members which will take into consideration geographical distribution within the City, as described in Subdivision 11, and the representative nature of the Commission in terms of gender, religion, ethnic, racial, age, handicapped, employee, and employer groups. III. Change Subdivision 6, Resignations - Removal from Office - Vacancies to read: Commissioners may resign voluntarily or may be removed from office by the Mayor with consent by majority vote of the City Council. Three consecutive unexcused absences from the duly called Commission meetings or RESOLUTION NO. unexcused 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 Park and Recreation 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(s) for Park and Recreation 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. BE IT FURTHER RESOLVED by the City Council that the present term of the Park and Recreation Commission chairperson shall expire upon passage of this resolution and the Park and Recreation Commission membership shall elect a chairperson for the Commission at the next regularly scheduled Commission meeting with a term to expire December 31, 1992. Thereafter, the Park and Recreation Commission chairperson shall be elected by the Park and Recreation Commission membership at its first regular meeting of each calendar year. 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. 73 -25 RESOLUTION NO. 77 -52 RESOLUTION NO. 87 -133 RESOLUTION CONTINUING A BROOKLYN CENTER PARK AND RECREATION COMMISSION AND REDEFINING DUTIES AND RESPONSIBILITIES THEREFOR WHEREAS, the City of Brooklyn Center is promoting the development of a quality park system and recreation program consistent with the financial capability of the community; and WHEREAS, provisions for an advisory Park and Recreation Commission were established in Chapter 13 of the municipal ordinances in 1966 prior to adoption of a City Charter; and WHEREAS, the City Charter provides for the establishment of commissions to advise the City Council with respect to policy formulation for municipal functions and activities; and WHEREAS, as a consequence of certain Charter provisions and the increasing complexity of the park and recreation function it is desirable to restructure the Park and Recreation Commission and its mission; and WHEREAS, it is acknowledged that the significance of the park and recreation function is such that it must be effectively and currently responsive to the citizenry; and WHEREAS, in pursuit of such goals the City Council recognizes the need to redefine and clarify the duties and responsibilities to be assigned a Park and Recreation Commission: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that there is hereby re- established within the City of Brooklyn Center an advisory Park and Recreatn Commission as follows: Subdivision 1. TITLE: This organization shall be known as the Brooklyn Center Park and Recreation Commission. Subdivision 2. SCOPE: The scope of activity of this Commission shall consist of advising the City Council and other Brooklyn Center advisory commissions regarding matters relevant to the conservation, park and recreation functions. Subdivision 3. PURPOSE: The general purpose of this Commission is to monitor and reflect the attitudes and concerns of the citizens of Brooklyn Center relative to the conservation of environmental resources in the City of Brooklyn Center and to the park system and recreation programs, and to advise the City Council of citizen attitudes and policy matters relevant to the conservation, park and recreations function in Brooklyn Center. Subdivision 4. DUTIES AND RESPONSIBILITIES: Ile fulfillment of its purpose, the duties an responsibilities of the Commission shall be to: (1) Develop, recommend, and, upon adoption by the City Council, monitor the execution of a comprehensive plan for the park, recreation, and conservation function in the City of Brooklyn Center. (2) Annually report to the City Council regarding achievements toward fulfillment of such comprehensive plan and recommend amendments to the plan as may be warranted. (3) Frequently visit the City parks and Recreation Center and wildlife areas, and keep informed of current recreation programs in order to continually review and evaluate park system development and recreation programming, and cultural activities. (4) Develop and recommend methods to stimulate positive public interest in the conservation, park and recreation functions. (5) Develop and recommend feasible methods o discouraging vandalism and destruction of par facilities. (6) Serve as a forum for the citizens of Brooklyn Center to voice their opinions regarding the conservation, park and recreation functions. (7) Promote coordination with the school districts serving Brooklyn Center, encouraging se interchangeable use of city and school distra t facilities and programs to the best interests of citizens. (8) Encourage dissemination of information to, and coordination with, Brooklyn Center organizations interested in the conservation, park and recreation function such as garden clubs, athletic groups, youth groups, civic �... organizations, and the like. (9) Encourage coordination with other communities and agencies to the extent appropriate in matters pertinent to the park and recreation function and the conservation of environmental resources. -2- (10) Monitor and reflect attitudes and concerns of citizens relative to the park system, recreation programs, and conservation matters through informal contacts and meetings of neighborhood advisory groups. Subdivision 5. COMPOSITION: The Commission shall be composed of a chairperson and six 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 annually 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: (1) Preside over meetings of the Commission; (2) Appear or appoint a representative to appear, as necessary, before City advisory commissions and the City Council to present the viewpoint of the Commission in matters pertaining to the conservation, park, and recreation function as it relates to business under consideration by said commissions or City Council; (3) Review all official of the City Council and other advisory commissions for the purpose of informing the Park and Recreation Commission of matters relevant to the park and recreation function; (4) Provide liaison with other governmental and volunteer units on matters relating to the conservation, park, and recreation function. 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 t he term for which his predecessor was appointed shall be appointed -3- only for the remainder of such term. Upon expiration o his term of office, a member shall continue to sere until his successor is appointed and shall have qualified. Terms of office for members of the Commission shall expire on December 31 of respective calendar years. In the event an appointed Commissioner suffers from an extended illness, disability, or other activity preventing proper fulfillment of duties, responsibilities, rules and regulations of the Commission, the Commissioner may be temporarily replaced during the temporary leave by an interim Commissioner appointed by the Mayor with majority consent of the City Council. Qualifications for Membership Members of the Commission shall be residents of the City of Brooklyn Center while serving on the Commission, shall have been residents of said City for at least one year prior to their appointment, and shall represent a broad range of interest in the conservation, park and recreation functions. Representation Requirements Commission members shall reside in Park Service Areas described in Subdivision 11 as follows: one member from each Park Service Area an two members -at- large, provided there shall be no more than two commissioners residing in the same Park Service Area. Conflict of Interest No Commissioner shall take part in the consideration of any matter wherein he is the applicant, petitioner, or appellant, nor in the consideration of any application, petition, or appeal wherein his interest might reasonably be expected to affect his impartiality. Initial Appointment The Commission under this resolution shall become effective March 12, 1973, and shall consist of three members appointed for a term through 1975, two members appointed for a term through 1974, and two members appointed for a term through 1973. Resignations- Removal from Office - Vacancies Commissioners may resign voluntarily or may be removed € from office by the Mayor with consent by majority vote of the City Council. Three consecutive unexcused absences from duly called Commission meetings or unexcused absences from a majority of duly called Commission meetings within one calendar year shall constitute automatic resignation from office. The City staff liaison on the Commission shall inform the Mayor of such automatic resignations. Vacancies in the Commission shall be filled by Mayoral appointment with majority consent of the City Council. -4- 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. Subdivision 8. MEETINGS: The initial meeting of the Commission shall be convened at the call of the Chairperson during April 1973. Thereafter, regular meetings shall be held with date and time to be determined by the Commission. Special meetings may be called by the Chairperson. Subdivision 9. STAFF. The City Manager shall assign one member of the administrative staff to serve as staff to the Commission. The staff member assigned shall perform such clerical and research duties on behalf of the Commission as may be assigned by the Chairperson or the City Manager. Subdivision 10. EX OFFICIO MEMBERS: The Mayor or his Councilperson- appointee shall serve as an ex officio member of the Commission, privileged to speak on any matter but without a vote, and shall provide a liaison between the Commission and the City Council. Subdivision 11. PARK SERVICE AREA: Park Service Areas Described Park Service Area l - bounded on the east by the Mississippi River, on the south by 53rd Avenue, on the west by Shingle Creek Parkway to County Road 10 and thence by Shingle Creek, on the north by FAI -94: Park Service Area 2 - bounded on the east by - -ne Mississippi River, on the south by FAI -94, on the west by Shingle Creek Parkway and the west line of Section 26, on the north by the north city limits. Park Service Area 3 - bounded on the east by the west line of Section 26 and Shingle Creek Parkway, on the south by FAI -94, on the west by the west city limits, on the north by the north city limits._. Park Service Area 4 - bounded on the east by Shingle Creek Parkway, on the south by County Road 10, on the west by the west city limits, on the north by FAI -94. Park Service Area 5 - bounded on the east by Shingle Creek, on the south by the south city limits, on the west by the west city limits, on the north by County Road 10. -5- �� tlNHll AipGAd - � _ _ ��•� Al ,r _ ��u .-t �t .• 4 1 C� I— �? �a�" a � dyl '6S.t,'• � g � !1 7 __ € IAI alln D 1 r 1,. i Nnr NrR °AI U U O � � ��• �� �i � 'f �� �� � � � A l�� -.. —W r � MiM MaNNI y J • ` � � �� a,Mw.x,��tza� ��;� F -- a, , I h s�s't -� r r � 1 � � i • J a,l,lo �! ���� ,� �5 E�It � . , � � F r F r 1 x'i• .�('� ! _�_ .�>� \\ ;�$• >. � �! �� � m "� AM Tt2 VIP �IA7 3 x Jn. nrw,w 4. ij}•�` ��1 T. O J L J` � n "� l_.J Q Y — 7 1 ( FF - -azll +r�mxf .�i. ✓ ^ MA. /OWI� I A AIIJ ��� � O if X 11 tl 1! �� 1;11011 . 1, 1 !1� I I�i , f t 1! �- �1y1ll7 Itil,! -- ,mot- �• —'��r -'–,rte - �F – ` - '• ••�1i1 `lf � . .! tnli.l�it (IFEiI ,lf!_il <�i Ill��1 n \ Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING RESOLUTION NO. 90 -121 REGARDING THE BROOKLYN CENTER DRUG AWARENESS COMMISSION WHEREAS, Resolution No. 90 -121 defines the duties and responsibilities of the Brooklyn Center Drug Awareness Commission; and WHEREAS, the Brooklyn Center City Council wishes to amend certain sections of this resolution regarding the appointment of the chairperson, representation requirements, and filling vacancies on the Drug Awareness Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Resolution No. 90 -121 is hereby amended as follows: I. Change Subdivision 6, Chairperson to read: The Chairperson shall be elected by majority vote of the Drug Awareness Commission membership. The election shall be conducted at the Drug Awareness Commission's first regular meeting of the calendar year, or, in the case of a vacancy, within two regularly scheduled Drug Awareness Commission meetings from the time a vacancy of the chair occurs. The Chairperson may be removed by majority vote of the Drug Awareness Commission membership. The Chairperson shall assure fulfillment of the following responsibilities in addition to those otherwise described herein: II. Change Subdivision 6, Resignations - Removal from Office - Vacancies to read: Commissioners may resign voluntarily or may be removed from office by the Mayor with consent by majority vote of the City Council. Three consecutive unexcused absences from the duly called Commission meetings or unexcused absences from a majority of duly called Commission meetings within one calendar year shall 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 RESOLUTION NO. newspaper and notices of vacancies shall be sent to all members of standing advisory commissions. Applications for Drug Awareness 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(s) for Drug Awareness 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. BE IT FURTHER RESOLVED by the City Council that the present term of the Drug Awareness Commission chairperson shall expire upon passage of this resolution and the Drug Awareness Commission membership shall elect a chairperson for the Commission at the next regularly scheduled Commission meeting with a term to expire December 31, 1992. Thereafter, the Drug Awareness Commission chairperson shall be elected by the Drug Awareness Commission membership at its first regular meeting of each calendar year. Date D 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. Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION NO. 90 -12 RESOLUTION CREATING THE BROOKLYN CENTER DRUG AWARENESS COMMISSION AND DEFINING ITS DUTIES AND RESPONSIBILITIES WHEREAS, there exists a worldwide problem with drug and controlled substance abuse, and it is anticipated that this problem will be with us for an extended period of time; and WHEREAS, the growth of this problem can be mitigated by effective community -by- community education and prevention activities; and WHEREAS, the City of Brooklyn Center wishes to make a long term commitment to programs and activities which are directed at promoting awareness of drug and alcohol abuse related issues; and WHEREAS, broad citizen participation in the affairs of the community is actively sought and promoted by the City Council on the premise that such participation promotes better community understanding: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the public policy of said City shall be to fulfill its responsibility of being proactive in the area of promoting awareness of drug and alcohol related issues in Brooklyn Center's schools, homes, and work places. k BE IT FURTHER RESOLVED that there is hereby established within the City of Brooklyn Center a Brooklyn Center Drug Awareness Commission as follows: Subdivision 1. TITLE: This organization shall be known as the Brooklyn Center Drug Awareness Commission. Subdivision 2. SCOPE: The scope of activity of this Commission shall consist of advising the City Council and other Brooklyn Center advisory commissions regarding matters relevant to drug abuse awareness and prevention, and initiating policies and /or projects on drug awareness in the community. Subdivision 3. PURPOSE. The purpose of this Commission is to promote public understanding of drug and chemical abuse issues in the schools, homes, and work places of Brooklyn Center. Subdivision 4. DUTIES AND RESPONSIBILITIES: In fulfillment of its Purpose, the duties and responsibilities of the Commission shall be to: 1. Advise and review relevant matters referred to it by the City Council. RESOLUTION NO. 90 -121 - 2. Serve as a coordinating entity to support, encourage, and develop cooperation between and among various agencies and individuals interested in drug and chemical abuse education and prevention in our schools, homes and work places, promote policies and projects which lead to increased drug awareness and prevention. Subdivision 5. COMPOSITION: The Commission shall be composed of a Chairperson and 8 members, all of whom shall be appointed and serve as set forth in Subdivision 6. No less than four of the members shall be residents of Brooklyn Center. 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: 1. Preside over meetings of the Commission. 2. Appear or appoint a representative to appear, as necessary, before City advisory commissions and the City Council to present the viewpoint of the Commission in matters relevant to drug and alcohol abuse related issues, as it relates to business under consideration by said commissions or City Council. 3. Review all official minutes of the City Council and other advisory commissions for the purpose of informing the Drug Awareness Commission of matters relevant to drug and alcohol abuse related issues. 4. Provide liaison with other governmental and voluntary organizations on matters relevant to drug and alcohol abuse related issues. 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 their predecessor was appointed shall be appointed only for the remainder of such term. Upon expiration of their term of office, members shall continue to serve until their successor is appointed and shall have qualified. Terms of office for members of the Commission shall expire on December 31 of the RESOLUTION `O._ -121 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 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 consist of persons who, by virtue of their interest or expertise in drug awareness and prevention, can provide service to the community of Brooklyn Center because of their association with business organizations, families, or agencies serving Brooklyn Center. Representation Reauirements• Due regard shall be given by the Mayor in appointing Commission members representing major social systems within the community; including schools, businesses, churches, health professionals, parents, and the representative nature of the Commission in terms of sex, religion, ethnic, racial, age, handicapped employment and employer groups. Conflict of Interest• No Commissioner shall take part in the consideration of any matter wherein he is the applicant, petitioner, or appellant, nor in the consideration of any application, petition, or appeal wherein his interest might reasonably be expected to I affect his impartiality. Resignations- Removal from Office -Vacancies: Commissioners may resign voluntarily or may be removed from office by the Mayor with consent by majority vote of the City Council. Three consecutive unexcused absences from duly called Commission meetings or unexcused absences from a majority of duly called Commission meetings within one calendar year shall constitute automatic resignation from office. The City staff liaison on the Commission shall inform the Mayor of such automatic resignations. Vacancies in the Commission shall be filled by mayoral appointment with majority consent of the City Council. 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. Subdivision 8. MEETINGS: The initial meeting of the Commission shall be convened at the call of the Chairperson within thirty 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. RESOLUTION NO. 90 -121 Subdivision 9. STAFF: The City Manager shall assign an individual to serve as staff to the Commission. The individual assigned shall perform such clerical and research duties on behalf of the Commission as may be assigned by the Chairperson or the City Manager. Subdivision 10. EX OFFICIO MEMBERS: The Mayor or his Councilperson- appointee shall serve as an ex officio member of the Commission, privileged to speak on any matter but without a vote, and shall provide a liaison between the Commission and the City Council. J une 11, 1990 Date Mayor ATTEST: , Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott , and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Todd Paulson, Jerry Pedlar, and Philip Cohen; and the following voted against the same: ` none, whereupon said resolution was declared duly passed and adopted. i CITY OF BROOKLYN CENTER council Meeting Date 6,8/92 Agenda Item Numbcr REQUEST FOR COUNCIL CONSIDERATION 0 ITEM DESCRIPTION: RESOLUTION AMENDING SUBDIVISION 11 OF RESOLUTION NO. 91 -153 REGARDING THE COMMUNICATIONS TASK FORCE TERM DEPT. APPROVAL: Ger yn R. Barone, Personnel Coordinator * * * * * * * * * * * * * ** ************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * ** KA ** * * * * * ** MANAGER'S REVIE W/RECONIlVIENDATION: No comments to supplement this report Comments below /attached SUNEVIARY EXPLANATION: (supplemental sheets attached ) • Resolution No. 91 -153 establishes the Brooklyn Center ad hoc City communications task force and defines its duties and responsibilities. Subdivision 11 of this resolution is a sunset clause which dissolves the provisions of Resolution No. 91 -153 on June 30, 1992, unless specifically extended by the city council. - The task force still has several assignments which it wishes to complete, so the attached resolution allows the task force to continue until it can make its final presentation and recommendations to the city council. RECOMMENDED CITY COUNCIL ACTION Pass A Resolution Amending Subdivision 11 of Resolution No. 91 -153 Regarding the Communications Task Force Term. • /.3,� Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING SUBDIVISION 11 OF RESOLUTION N0. 91- 153 REGARDING THE COMMUNICATIONS TASK FORCE TERM WHEREAS, Resolution No. 91 -153 was approved on June 10, 1991; and WHEREAS, Resolution No. 91 -153 establishes the Communications Task Force and defines the duties and responsibilities of this task force; and WHEREAS, subdivision 11 of Resolution No. 91 -153 states "the provisions of this resolution shall expire on June 30, 1992, unless specifically extended by the City Council on or before said date "; and WHEREAS, it is the wish of the City Council to extend the provisions of Resolution No. 91 -153 until the Communications Task Force has made its final presentation and recommendations to the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that subdivision 11 of Resolution No. 91- 153 is hereby amended as follows: 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. 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. Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION NO. 91 -153 RESOLUTION ESTABLISHING A BROOKLYN CENTER AD HOC CITY COMMUNICATIONS 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 reviewing the City's communications efforts and assisting the City Council in formulating priorities related to communications. 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 Communications Task Force as follows: Subdivision 1. TITLE: This organization shall be known as the Brooklyn Center ad hoc City Communications 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 communications f efforts. Subdivision 3. PURPOSE: The general purpose of this Task Force shall be to evaluate and recommend methods to improve communications between the City of Brooklyn Center and its citizens. Subdivision 4. DUTIES AND RESPONSIBILITIES: In fulfillment of its purpose, the duties and responsibilities of the Task Force shall be to: (1) Review and evaluate the City's 1990 communications audit prepared by Coleman & Christison, Inc. (2) Evaluate tools to solicit input from citizens, such as town meetings or a professional survey. (3) Evaluate use of personnel and /or consulting services to accomplish communications goals. (4) Evaluate the use of cable television as a method to communicate with citizens. Subdivision S. COMPOSITION: The Task Force shall be composed of a chairperson and six (6) members, all of whom shall be appointed and serve as set forth in Subdivision 6. RESOLUTION NO. 91 -153 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: 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 communications 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 City Communications Task Force of matters relevant to City l 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 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 At least four members of the Task Force shall be residents of the City of Brooklyn Center while serving on the Task Force, shall have been residents of said City for at least one year prior to their appointment, and shall represent an interest in the RESOLUTION NO. 91 -153 communications of the city. The other Task Force members shall represent local media organizations such as newspapers and cable television or, if these representatives are not available, shall also be residents of the City of Brooklyn Center. 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. 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 serve as staff to the Task Force. The City Manager, or his designee, shall perform such clerical and research duties on behalf of the Task Force as may be assigned by the chairperson. RESOLUTION NO. 91 -153 Subdivision 10. E% 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 on June 30, 1992, unless specifically extended by the City Council on or before said date. June 10, 1991 Date Todd Pa son, Mayor ATTEST : P RA . Deputy Clerk ' The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott , and upon vote being taken thereon, the following voted in favor thereof: Todd Paulson, Celia Scott, Jerry Pedlar, Dave Rosene, and Philip Cohen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date Agenda Rem Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION AMENDING THE 1992 GENERAL FUND BUDGET TO PROVIDE FUNDS FOR MEMBERSHIP IN THE NATIONAL LEAGUE OF CITIES rrrrrrrrr: rrrrrrrrrr: rrrrrrrrrrrrrrr rrrr *rrrr *r*rrrrrrrrrrrr * *rr� *rte DEPARTMENT APPROVAL: Director of Finance Signature - title j MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report a ort i P Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached In May of 1991, the City Council approved the membership in and payment of dues to the National League of Cities. The dues were subsequently paid. However, an appropriation was not made in the 1992 p Budget for the payment of 1992 dues. 9 If the City Council wishes to retain its membership in the National League of Cities, it should adopt the attached resolution which would continue membership • and allow the 209. The resolution a ment of the annual dues in the a mount of 1 P Y a u $ , would transfer the necessary funds from the Council's Contingency-Account. STAFF RECOMMENDATION -------------------- Staff recommends the adoption of the attached resolution if the Council wishes to continue its membership in the National League of Cities for 1992. SPECIFIC ACTION REQUIRED BY THE CITY COUNCIL -------------------------------------------- Adopt the attached resolution. • l3 (ACBCRAB) Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1992 GENERAL FUND BUDGET TO PROVIDE FUNDS FOR MEMBERSHIP IN THE NATIONAL LEAGUE OF CITIES ---------------------------------------------------------------- WHEREAS, Section 7.09 of the City Charter of the City of Brooklyn Center does provide for a contingency appropriation as a part of the General Fund Budget, and further provides that the contingency appropriation may be transferred to any other appropriation by the City Council; and WHEREAS, the City of Brooklyn Center became a member of the National League of Cities in 1991; and WHEREAS, the City Council has determined that the City of Brooklyn should remain a member of the National League of Cities; and WHEREAS, funds have not previously been appropriated in the 1992 General Fund Budget for 1992 membership dues. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to amend the 1992 General Fund Budget as follows: Transfer an appropriation of $1,209 from the Unallocated Departmental Expenses Contingency Account No. 9180 -4995 to the Council Dues and Subscriptions Account No. 9111 -4413. 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 06/08/92 i s Agcnda Item Number 1217 4 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES DEPT. APPROVAL: Sy Knapp, Di ector o ublic Works MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached 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. • 45 0'/ 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 06/08/92 ) 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 KENNETH TROMBLEY 7049 PERRY AVE N 1 JANE DITZLER 707 69TH AVE N 2 JANE DITZLER 707 69TH AVE N 3 CITY OF B.C. ORCHARD /FREEWAY WALL 4 CITY OF B.C. CENTRAL PARK /S. LOT 5 CITY OF B.C. CENTRAL PARK /S. LOT 6 CITY OF B.C. WILLOW LANE PARK 7 CITY OF B.C. ORCHARD /FREEWAY WALL 8 { 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 06 /08/92 • Agenda Item Number 13; REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION APPROVING CHANGE ORDER NO. 2 FOR IMPROVEMENT PROJECT NO. 1991 -07, CONTRACT 1991 -N, TRAIL REPLACEMENT AT VARIOUS LOCATIONS DEPT. APPROVAL: Sy Knapp, Di"r for of ublic Works MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attach SUMMARY EXPLANATION: (supplemental sheets attached • At the regular meeting of September 9, 1991, the City Council awarded the contract for Trail Replacement, Various Locations, Improvement Project No. 1991 -07, Contract 1991 -N, to Alber Construction, Inc. At that time, the Council also approved a change order which adjusted a contract quantity which had been incorrectly computed prior to bidding. The project consists of the replacement of the "sinking" trail in Central Park behind the Hennepin County Government Center, and the reconstruction of the wood chip surfaced trail adjacent to Centerbrook Golf Course. The project is now nearly complete, and the City Engineer has reported that as a result of approved design changes and the actual conditions encountered in the field, certain items and /or quantities of work were beyond the scope of the original contract. Accordingly, the City Engineer has prepared a change order for the following: Common Excavation $ 1,650.00 The actual amount of common excavation for trail reconstruction was less than what was anticipated by the contract documents, so the contract quantity is thereby reduced. Lightweight _ Aggregate $ 1.995.50 Because of the saturated working conditions, the trench width could not be • controlled, resulting in the use of additional lightweight aggregate material. Class 5 Aggregate Base +) $11,446.81 The design for the project called for class 5 aggregate to be placed on top of the encapsulated lightweight aggregate material, to provide a stable base for bituminous paving. The original design thickness of class 5 was 3 inches, and with a normal layer of pavement, would provide a finished trail grade above the static water elevation. However, the saturated condition of the subgrade and the unconfined trench allowed the lightweight aggregate material to be pushed downward and outward approximately 6 inches during construction. Additional class 5 material was then placed to construct the trail to the designed grade. This contract item overrun represents that additional material that was placed in an effort to construct the trail above the recent static water elevation. Bituminous Surface $ 6,202.15 The design for the trail segment in Central Park, as bid, called for the construction of an 8' wide bike trail adjacent to a 6' wide pedestrian walking trail, with a two to three foot turfed space between. Prior to construction, Public Works staff recommended that the design be modified to one 15' wide combined trail, with the biking /pedestrian functions separated by pavement markings. This recommendation was made on the basis of the difficulty in maintaining such a narrow strip between the two trails, as was originally proposed. The overrun in this contract item represents the • additional trail width actually constructed. Miscellaneous Overruns and /or Additions $ 1,316.25 This represents the minor overruns or additions to the other contract items. Total Proposed Change Order No. 2 ( +) $19,310.71 RECOMMENDED CITY COUNCIL ACTION A resolution approving the proposed change order is provided for consideration by the City Council. • 131 s Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING CHANGE ORDER NO. 2 FOR IMPROVEMENT PROJECT NO. 1991 -07, CONTRACT 1991 -N, TRAIL REPLACEMENT AT VARIOUS LOCATIONS WHEREAS, the City Council entered into Contract 1991 -N with Alber Construction, Inc. for the construction of Improvement Project No. 1991 -07; and WHEREAS, the City Engineer has determined that certain additional items of work should be added to the existing contract; and WHEREAS, the Contractor, Alber Construction, Inc. has agreed to the prices and quantities for said additional work. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. Change Order No. 2, Contract 1991 -N, as prepared by the City Engineer, is hereby approved. 2. The estimated cost of Improvement Project No. 1991 -07 is hereby amended according to the following schedule: Per Low Bid As Amended per & Change Order No. 1 Change Order No. 2 Contract $ 75,204 $ 94,514.71 Contingency 11,280 -- Professional Services 2,700 2,700.00 Engineering (8%) 6,919 7,561.18 Administration (1%) 865 945.15 Legal (1 %) 865 945.15 Total Estimated Project Cost $ 97,833 $106,666.19 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 Meeting Date June 8. IM Agenda Item Numbcr31 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF ONE (1) TRACTOR EQUIPPED WITH A BACKHOE AND FRONT -END LOADER DEPT. APPROVAL: P QIJV Patricia A. ge, Deputy City Clerk MANAGERS REVIEW/RECOXMMNDATION: No comments to supplement this report Comments below /attached SUIVEVIARY EXPLANATION: (supplemental sheets attached ) At the April 13, 1992, City Council meeting the Council approved the purchase of a tractor equipped with a backhoe and front -end loader. As the Council may recall, the 1975 Ford tractor with backhoe and front -end loader currently owned by the City has developed a serious safety problem and has been taken out of operation. This unit was originally scheduled for replacement in 1993. At the April 13, 1992, City Council meeting it was estimated this unit would cost approximately $55,000. It was noted at this meeting the cost of the unit would be charged to the Public Utilities Funds - 1/3 to Water Utility Fund, 1/3 to Sanitary Sewer Utility Fund and 1/3 to the Storm Drainage Utility Fund. Two bids were received and opened on Wednesday, June 3, 1992. The low bid was submitted by Long Lake Ford Tractor in the amount of $47,446.00. RECOMMENDED CITY COUNCIL ACTION I recommend approval of the attached resolution authorizing the purchase of the tractor from Long Lake Ford Tractor. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF ONE (1) TRACTOR EQUIPPED WITH A BACKHOE AND FRONT -END LOADER WHEREAS, an appropriation was approved by the City Council on April 13, 1992, for the purchase of one (1) tractor equipped with a backhoe and front -end loader; and WHEREAS, the cost of this equipment will be charged to the Public Utility funds, i.e. 1/3 from the water utility, 1/3 from the sanitary sewer utility, and 1/3 from the storm drainage utility; and WHEREAS, two bids were received as follows: Company Bid Long Lake Ford Tractor $47,446.00 Carlson Tractor & Equipment $47,828.20 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the purchase of one (1) tractor equipped with a backhoe and front -end loader from Long Lake Ford Tractor, in the amount of $47,446 is hereby approved. 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. (REQEDA83) CITY OF BROOKLYN CENTER counci l Meeting Date C' s 9Z. Agenda Item Number � • REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION CLOSING THE GENERAL OBLIGATION TAX INCREMENT BONDS OF 1983 DEBT SERVICE FUND AND TRANSFERRING THE REMAINING FUNDS TO THE GENERAL OBLIGATION TAX INCREMENT BONDS OF 1985 DEBT SERVICE FUND **************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: Charles Hansen, Assistant Finance Director MANAGER S REVIEW /RECOM Q No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) On February 11, 1991, the City sold General Obligation Tax Increment • Bonds of 1991 in the amount of $6,050,000 to reimburse the cost of construction of the Earle Brown Heritage Center. The financial plan for g P the 1991 bonds specified ed that the General Obligation Tax Increment Bonds of 1983 to be called for a ent and that the Brookwood tax increment p ym n district which supported them be folded into the Earle Brown tax increment district. Resolution 91 -289 ordered the Bonds of 1983 to be called on February 1, 1992. Cash on hand in the debt service fund from past tax increment collections and interest earnings was sufficient to pay the bonds and interest with $191,898.06 remaining. Having satisfied all obligations regarding the Bonds of 1983, it is now appropriate to close the debt service fund. The remaining money can best be used by transferring it to the General Obligation Tax Increment Bonds of 1985 Debt Service Fund. This fund is supported by transfers from the Earle Brown tax increment district. The T.I.F. district has a deficit fund balance and can benefit from the action of this resolution by reducing its 1992 transfer to the debt service fund. That is the purpose of a separate E.D.A. resolution to be presented later. RECOMMENDED CITY COUNCIL ACTION Passage of the attached resolution • (RESEDA83) Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CLOSING THE GENERAL OBLIGATION TAX INCREMENT BONDS OF 1983 DEBT SERVICE FUND AND TRANSFERRING THE REMAINING FUNDS TO THE GENERAL OBLIGATION TAX INCREMENT BONDS OF 1985 DEBT SERVICE FUND ------------------------------------------------------------- WHEREAS, Section 7.11 of the City Charter provides the City Council with the authority to make transfers between all funds which may be created, provided that such transfers are not inconsistent with the provisions of the City Charter, or State Statutes; and WHEREAS, the General Obligation Tax Increment Bonds of 1983 Debt Service Fund was established to receive tax increments and interest earnings to make debt service payments on the bonds sold; and WHEREAS, all outstanding bonds of the General Obligation Tax Increment Bonds of 1983 Debt Service Fund were called for payment on February 1, 1992; and WHEREAS, there now exists accumulated cash surpluses which are a result of higher than anticipated tax increment collections and interest earned on investments; and WHEREAS, the cash surplus remaining in this fund after making the debt services payments of February 1, 1992 was $191,898.06 and there will be additional interest earnings during 1992; and WHEREAS, the General Obligation Tax Increment Bonds of 1985 Debt Service Fund was established to receive tax increments and interest earnings to make debt service payments on the bonds so-1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1. to transfer the amount of $191,898.06 from the General Obligation Tax Increment Bonds of 1983 Debt Service Fund to the General Obligation Tax Increment Bonds of 1985 Debt Service Fund. 2. to transfer the interest earnings of the General Obligation Tax Increment Bonds of 1983 Debt Service Fund to the General Obligation Tax Increment Bonds of 1985 Debt Service Fund when they have been determined at year end. 3. to close the General Obligation Tax Increment Bonds of 1983 Debt Service fund. 40 Date Todd Paulson, Mayor 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 June g. 1992 Agenda Item Numbcr L—� REQUEST FOR COUNCIL CONSIDERATION ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: CALLING FOR PUBLIC HEARING TO AMEND YEAR XVIII OF THE HENNEPIN URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND APPROVING SPECIFICATIONS FOR A REQUEST FOR PROPOSAL AND AUTHORIZING ITS PUBLICATION ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: �r ' - — Brad Hoffman, EDA Co r inator � MANAGER'S REVIEW/RECOAMENDATION: st s No comments to supplement this report Comments below /attached ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached ) The two (2) resolutions before the Council Monday evening dealing with the business expansion and retention program as discussed by the EDA on May 18, 1992, merely set in motion a public hearing on the same and calls for possible proposals for the study. These steps are necessary if Brooklyn Center wants to pay for the initial start -up period with block grant funds. I will be in attendance Monday evening to answer questions. RECOMMENDED CITY COUNCIL ACTION I recommend approval of the resolution. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CALLING FOR PUBLIC HEARING TO AMEND YEAR XVIII OF THE HENNEPIN URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, the City of Brooklyn Center through the Economic Development Authority desires to develop and implement a business expansion and job retention program; and WHEREAS, it is the desire of the City of Brooklyn Center to expand the local area job base; and WHEREAS, the City of Brooklyn Center intends to finance the initial survey and analysis portion of the program with Community Development Block Grant funds. NOW, THEREFORE, BE IT RESOLVED by the City of Brooklyn Center to call for a public hearing to amend Year XVIII of the Hennepin Urban County Community Development Block Grant Program in the amount of 30 000 for on and a business expanse job retention � program. BE IT FURTHER RESOLVED that the public hearing be set for July 13 1992 at 7:1 5 p.m. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly g g seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING SPECIFICATIONS FOR A REQUEST FOR PROPOSAL AND AUTHORIZING ITS PUBLICATION WHEREAS, the City of Brooklyn Center desires to increase its job base through a business expansion and retention program; and WHEREAS, the initial step in developing a business expansion and retention program requires an extensive survey of existing business. NOW, THEREFORE, BE IT RESOLVED by the City of Brooklyn Center that the Request for Proposal be approved and its publication is ordered. 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 61 8 , 1 , 7 7 — Agenda Item Number _/ N REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION AMENDING THE 1992 GENERAL FUND BUDGET AND APPROVING THE PURCHASE OF A MICROCOMPUTER DEPT. APPROVAL: BARBARAA. GALLO,MIS COORDINATOR /PAULHOLMLUNDXINAN.QEDIRECTOR MANAGER'SREVIEW /RECOMMENDATION: �" ,��;;✓� No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached • The Community Center has need of an additional microcomputer with the installation of its Membership Tracking System. $3,885 for a Community Center membership database is part of the Data Processing Division 1992 capital outlay budget. However since the budget was developed and approved, the need has developed for a dedicated microcomputer to efficiently operate the membership database and handle the increased volume of customers at the Community Center. The cost of the PC Express 386 computer is $1,550. The cost of the Membership Tracking System is $2,100 instead of the $3,885 budgeted. In addition, the Community Center was able to save the $539 appropriated for a league scheduling database. This savings resulted from receiving the program at no charge because Community Center staff assisted in designing and testing the league scheduling database. Therefore it is recommended that the $1,235 remaining from the membership database appropriation and $265 from the league scheduling database appropriation be used to purchase the microcomputer. Action Required A resolution is provided for Council consideration. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PURCHASE OF A MICROCOMPUTER WHEREAS, the Community Center has determined that purchase of a microcomputer is needed at this time to efficiently manage the Community Center membership tracking system and customer processing; and WHEREAS, the City's Management Information Systems Coordinator estimates that such a microcomputer will cost approximately $1,550; and WHEREAS, sufficient funds are available in the Data Processing Division 1990 capital outlay budget for this purchase. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The sum of $1,550 is appropriated from Object #4551, Division 20 for the purpose of purchasing a 386 microcomputer. Date Mayor ATTEST: 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 c«mcil Mating Date Juno 8, 1992 Agenda Item Numb., 1 3 e2 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION AUTHORIZING EXECUTION OF LAND DISPOSITION AGREEMENT FOR 6730 PERRY AVENUE NORTH DEPT. APPROVAL: 2: -3� Tom Bublitz, Assistant EDA C rdinator MANAGER'S REVIEW/RECOAMENDATION: � No comments to supplement this report Comments below /attached SUNDIARY EXPLANATION: (supplemental sheets attached )ES • The Land Disposition Agreement addresses the sale of the EDA owned property at 6730 Perry Avenue North. Acquisition, relocation and demolition costs for 6730 Perry Avenue North were paid one hundred percent (100 %) with Community Development Block Grant funds. As a result, the EDA must comply with Department of Housing and Urban Development (HUD) requirements when selling the property. The major requirement of HUD in selling the property is that we must either sell the lot at its fair market value and pay the fair market value dollar amount back to HUD, or we must provide for the sale of the property to a low and moderate income household if we sell the lot at less than fair market value. Earlier this year, the EDA held a public hearing on the property and approved a purchase agreement for the property in the amount of $12,000.00 to Mr. Chuck Stevens, representing Thermasave Building Products, Inc. Thermasave elected not to execute the purchase agreement and Mr. Stevens is no longer affiliated with Thermasave Building Products, Inc. However, Mr. Stevens is still interested in purchasing the property, and staff is continuing to work with him on the sale. Because the project was funded 100% with Community Development Block Grant funds, the Hennepin County Office of Planning and Development is requiring the EDA to execute the Land Disposition Agreement. The major provision of this Land Disposition Agreement is that the EDA • must either sell the property at fair market value, which has been established at $19,500.00, or assure that the use of the property is a new housing unit purchased and occupied by a low and moderate income household if the property is sold for less than fair market value. Execution of the Land Disposition Agreement is required by both the City Council and the EDA. A copy of the Agreement is included with this memorandum. RECOMMENDED CITY COUNCIL ACTION Staff recommends approval of Resolution Authorizing Execution of Land Disposition Agreement for 6730 Perry Avenue North. Contract No. A05972 LAND DISPOSITION AGREEMENT THIS AGREEMENT made and entered into by and between the County of Hennepin, State of Minnesota, hereinafter referred to as the "County" through its Office of Planning and Development, hereinafter referred to as "OPD" and the City of Brooklyn Center, a Minnesota Municipal Corporation, hereinafter referred to as the "City" through its Economic Development Authority, hereinafter referred to as the "Brooklyn Center EDA". WITNESSETH: WHEREAS, The County is a duly designated Urban County Community Develop- ment Block Grant entitlement recipient pursuant to the provisions of the Housing and Community Development Act of 1974, Title 1 of Public Law 93 -383, as amended, (42 USC 5301 et seq), and WHEREAS, the City is an authorized subgrantee participant in the Urban Hennepin County Community Development Block Grant program by virtue of a Joint Cooperation Agreement executed between City and County through OPD pursuant to MSA 471.59, and WHEREAS, the City has executed a Third Part Agreement with th Party g e Brooklyn Center EDA which allocates Community Development Block for the acquisition and redevelopment of blighted property on a scattered site basis throughout the city, and NOW THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement, the parties hereto mutually agree to the follow- ing terms and conditions: I. For and in consideration of the sum of $43,000 dollars, $43,000 dollars of which were provided through the Urban Hennepin County Community Development Block Grant program, the Brooklyn Center EDA on October 30, 1990 purchased and acquired the following described property situated in the City of Brooklyn Center, County of Hennepin, State of Minnesota, legally described as follows: Lot 3, Block 3, Marstan's Place Additions. II. The Brooklyn Center EDA covenants and agrees that the purpose of such purchase and acquisition of said property is for the redevelopment of blighted property and that such purpose shall be implemented not later than three (3) years from and after the date the property was acquired by the Brooklyn Center EDA to wit; October 30, 1990. If at the end of such three (3) year period implementation of said project has not actually begun (for specific reasons, such as projects requested but not funded by HUD) but it can be demonstrated at such time that such project is still viable and feasible, the Brooklyn Center EDA through the City shall have an option to extend the period during which it may hold such land for an additional three (3) year period. III. If at the end of the initial period of three (3) years or during the second three (3) year period if the initial period should be so extended, it appears to the County through OPD that the said project proposed is no longer viable or feasible so that the Brooklyn Center EDA could not develop the project on the site, then, in such event, the County through OPD may, A. Approve an alternate use of the land for a project eligible for Community Development Block Grant funding, or B. Require that the site be sold for fair market value. The a' f it market value shall be established by an appraisal in accordance with the Uniform Act (49 CFR Part 24). In the event that such property is sold in accordance with B (above), the portion of the proceeds of such sale attributable to the ratio of the CDBG contribution to the purchase price identified in Paragraph I would become the property of the County through OPD to be designated as Community Development Block Grant (CDBG) program income. All program income returned to the County is subject to the provisions of the Joint Cooperation Agreement. In no event - shall the amount returned be less than the program income generated pursuant to Paragraph III (B) pro rate to reflect the percentage of CDBG funds used. In the event the resulting use of the property is a new housing unit purchased and occupied by a lower - income household, defined pursuant to 24 CFR Part 570.3(g), the fair market value determined in accord with Paragraph III (B) may be reduced to reflect the reduction in the sale price of site, required to produce the affordable housing unit. The City and the Brooklyn Center EDA, their administrators, heirs, and assigns, releases Hennepin County and OPD, its agents and employees, from any and all actions, causes of action, or claims or demands whatsoever kind of nature regarding the proceeds of such sale of property described above. IV. During the term of this Agreement the Brooklyn Center EDA through the City may propose to the County through OPD alternative uses for the site being acquired and g so ac Q the Count through hrough OPD may consider and authorize such alternative proposal provided that such alternative is eligible for Community Development Block Grant assistance and that such alternative proposal meets then existing rules and regulations for such assistance. V. The City and the Brooklyn Center EDA having signed this Contract, and the Hennepin County Board of Commissioners having duly approved this Contract on the day of , 19_, and pursuant to such approval and the proper County officials having signed this Contract, the parties agree to be bound by the provisions herein set forth. COUNTY OF HENNEPI N STATE OF MINNESOTA Appro as to legal' y a rm B sistant County At rn y Chairman of its County Board Date: And Associate /Deputy County Approved as to execution: Administrator ATTEST: Assistant County Attorney Clerk of the County Board BROOKLYN CENTER ECONOMIC CITY OF BROOKLYN CENTER DEVELOPMENT AUTHORITY B By Mayor Executive Director And And Chair (Title) ATTEST: ATTEST: City Clerk City Clerk 1/24/92 LANDDISP.EDA Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF LAND DISPOSITION AGREEMENT FOR 6730 PERRY AVENUE NORTH WHEREAS, Hennepin Count is a duly designated Urban Y Y g County Community Development Block Grant Entitlement Recipient pursuant to the provisions of the Housing and Community Development Act of 1974, Title I of Public Law 93 -383, as amended, (42 U.S.C. 5301 et. seq.); and WHEREAS, the City of Brooklyn Center is an authorized sub - grantee participant in the Urban Hennepin County Community Development Block Grant Program b virtue of a joint cooperation g Y 7 P agreement executed between the City and County through the Office of Planning and Development pursuant to Minnesota Statutes Section 471.59; and WHEREAS, the City has executed a third -party agreement with the Brooklyn Center EDA which allocates Community Development Block Grant funds for the acquisition and redevelopment of blighted property on a scattered site basis throughout the City; and WHEREAS, the sale of the EDA owned property at 6730 Perry Avenue North is subject to certain provisions of the Community Development Block Grant Program funded under Title I of the Housing and Community Development Act of 1974 as amended and contained in the Land Disposition Agreement; NOW, THEREFORE, BE IT RESOLVED by the Brooklyn Center EDA that its Mayor and City Manager are hereby authorized to execute the Land Disposition Agreement prepared by Hennepin County for the EDA owned property at 6730 Perry Avenue North. Date Todd Paulson, President ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Y P P CITY OF BROOKLYN CENTER Council Meeting Date ,0 6/9192 Agenda Item Number / REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: LICENSES DEPT. APPROVAL: i vy"ot Sharon Knutson, Deputy City Clerk MANAGER'S REVIEW/RECOMNIENDATION: / 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. i • Licenses to be approved by the City Council on June 8, 1992: AMUSEMENT DEVICE - VENDOR Carousel Intl. Corporation P. 0. Box 307 Gary Rocchio 2001 Flag Ave. N. of of Police ITINERANT FOOD ESTABLISHMENT Brooklyn Center Lions Earle Brown Days Parade Brooklyn Center Lions Dudley Softball Tournament Brooklyn Center Parks & Rec Earle Brown Days Parade Minnesota Mini Donuts Earle Brown Days (EBHC) Northland DeLite Earle Brown Days (EBHC) The Weiner Wagon Earle Brown Days (EBHC) Sanitarian 41c MECHANICAL SYSTEMS Larson Mechanical 1509 Coon Rapids Blvd. Wenzel Htg. and A/C 1955 Shawnee Road Building Official RENTAL DWELLINGS Renewal: Jay Showalter 6742 -44 France Ave. N. Pat or Hal Gensler 5214 Great View Ave. N. Muchtar Sajady 7205 Perry Court East /y j Gary Olson 3715 69th Ave. N. Director of Planning /VA and Inspections GENERAL APPROVAL: P. Page, De y Clerk i