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HomeMy WebLinkAbout1992 09-14 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER SEPTEMBER 14, 1992 7 p.m. 1. Call to Order 2. Roll Call 3. Opening Ceremonies 4. Open Forum 5. Council Report a. Mayoral Announcement Regarding Canvass of Election 6. Approval of Agenda and Consent Agenda -All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed form the consent agenda and considered in its normal sequence on the agenda. 7. Approval of Minutes: *a. August 24, 1992 - Regular Session 8. Proclamations: *a. Declaring September 19 -27, 1992, as POW /MIA Recognition Week *b. Declaring September 17 -23, 1992, as Constitution Week *c. Declaring October 12, 1992, as Columbus Quincentennial Day in Brooklyn Center 9. Chief of Police Appointment: a. Resolution Finalizing the City Manager's Appointment of a Chief of Police and Amending the 1992 Pay Plan 10. Ordinances: (7:15 p.m.) a. An Ordinance Amending Ordinance No. 91 -16 Regarding Council Salaries -This ordinance was offered for a first reading on August 24, 1992, published in the City's official newspaper on September 2, 1992, and is offered this evening for a second reading. b. An Ordinance Amending Section 27 -120 of the Brooklyn Center Code of Ordinances, Prohibiting Parking on City Streets between the Hours of 2 a.m. and 6 a.m. 40 11. Public Hearing Regarding One Percent Sales Tax on Liquor and Food Sales: (7:15 p.m.) a. Resolution Approving Chapter No. 511 (H.F. No. 2940), Article 8, Section 30, Brooklyn Center; Local Liquor and Restaurant Tax CITY COUNCIL AGENDA -2- September 14, 1992 b. Resolution Calling Special Election to Authorize the City Council to Levy a One Percent Tax on Gross Receipts from the Sale of Liquor and from the Sale of Food at Restaurants to Fund Approved Housing Projects in the City and Fixing Form of Ballots, November 3, 1992 12. Public Hearings Regarding Proposed Special Assessments (8 p.m.) a. Public Hearing Regarding Special Assessments for Diseased Shade Tree Removal Costs 1. Resolution Certifying ' Special Assessments for Diseased Shade Tree Removal Costs to the Hennepin County Tax Rolls b. Public Hearing Regarding Special Assessments for Delinquent Public Utility Repair Accounts 1. Resolution Certifying Special Assessments for Delinquent Public Utility Repair Accounts to the Hennepin County Tax Rolls C. Public Hearing Regarding Special Assessments for Delinquent Public Utility Service Accounts 1. Resolution Certifying Special Assessments for Delinquent Public Utility Service Accounts 2. Resolution Deleting One Assessment from Proposed Levy 12533 d. Public Hearing Regarding Special Assessments for Weed Removal Costs 1. Resolution Certifying Special Assessments for Weed Removal Costs to the Hennepin County Tax Rolls e. Public Hearing Regarding Special Assessments for West River Road Improvement Project No. 1988 -18 1. Resolution Certifying Special Assessments for West River Road Improvement Project No. 1988 -18 to the Hennepin County Tax Rolls 13. Planning Commission to . 1ng i n I m. (8:15 p m.) a. Planning Commission Application No 92012 submitted by Omni Tool. A request for site and building plan approval to construct a 15,958 square foot addition to the industrial building at 3500 48th Avenue North. -This application was considered by the Planning Commission at its August 27, 1992 meeting and was recommended for approval. There is no public hearing required with this application. I CITY COUNCIL AGENDA -3- September 14, 1992 14. Discussion Items: a. Staff Report Regarding Data Processing Improvement for the Public Utilities Department 1. Resolution Establishing Project No. 1992 -15, Data Processing Enhancements for the Water Utility SCADA System and for the Sanitary Sewer Utility Intrac System, and Appropriating Funds Therefore b. Review of Policies Relating to Diseased Tree Removal Program C. Ordinance Amending Chapter 35 of the City Ordinances Regarding Side Yard Setbacks in Commercial and Industrial Zoning Districts d. Proposed Council Meeting Schedule e. Addition of Apartments to Trespass Ordinance 15. Resolutions: a. Authorizing Execution of Agreement with the State of Minnesota for the Purpose of Conducting the First Stage of a Four -City Business Retention and Local Market Expansion Pilot Project *b. Accepting Bid and Awarding Contract for Removal of House at 4100 - 51st Avenue North, Improvement Project No. 1992 -12, Contract 1992 -J *c. Accepting Proposal for Development of Pavement Management Program, Improvement Project No. 1992 -17, and Allocating Funds Therefore *d. Declaring a Public Nuisance and Ordering the Removal of Diseased Trees (Order No. DST 09/14/92) *e. Resolution Accepting Quotes for Repair of Tennis Courts at Kylawn and Northport Parks 16. Performance Bond Release: *a. Marquette Bank Brookdale *17. Licenses 18. Adjournment CITY OF BROOKLYN CENTER council Meeting Date 9/14/92 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Announcement of Special City Council Meeting to Canvass the September 15, 1992, Municipal Primary Election Returns DEPT. APPROVAL: �Jldjw Sharon Knutson, Deputy City Clerk MANAGERS REVIEW/RECOM WENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) As required by Section 4.06 of the City Charter and M S Chapter 205.065, subd 5 the city council must meet to canvass the September 15, 1992, municipal primary election returns and make full declaration of the results to the city clerk. This meeting will take place in the council chambers at 8 p.m., or as soon thereafter as the council can be assembled. The city council shall declare the four candidates with the highest number of votes as the nominees for the two council member offices. The city clerk shall place their names on the municipal general election ballot without partisan designation. RECOMMENDED CITY COUNCIL ACTION The Mayor will make the following announcement: There will be a special meeting f the city council on September 15 1992 g Y P , at 8 p.m., or as soon thereafter as the council can be assembled and the municipal primary election results returned, for the purposes of canvassing the results of the September 15, 1992, municipal primary election. CITY OF BROOKLYN CENTER council Meeting Da n, 2a. 1992 Agenda Item Number / REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: CITY COUNCIL MINUTES OF AUGUST 24, 1992 - REGULAR SESSION DEPT. APPROVAL: Patti A. Page, Deputy City Clerk rn MANAGER'S REVIEW/RECOM MNDATION: 3 'st?i ,•r ✓ � d No comments to supplement this report Comments below /attached SLTXE% ARY EXPLANATION: (supplemental sheets attached ) RECOMMENDED CITY COUNCIL ACTION i MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION AUGUST 24, 1992 CITY HALL C ALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson at 7 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Celia Scott, 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 Davc Kennedy, City Engineer Mark Maloney, Personnel Coordinator Geralyn Barone, and Council Secretary Nancy Berg. QPENI G CEREMONIE A member of the audience offered the invocation. OPEN FORUM Kenneth Hirte, 4113 61st Avenue North, addressed the City Council stating his concern over the cost of removing a diseased boulevard tree on his property, He told the Council his cost will be $152 and that the cities of Brooklyn Park, Crystal, Fridley and Robbinsdale do not charge their residents for diseased tree removal. The City Manager explained the City shares in half the cost for removal and the policy is in effect to benefit both the property owner and the City. He further explained this has been the program for many years and if the Council changes the policy there would be the problem of the expense to repay property owners who have paid their share in the past. Council member Rosene asked staff if Mr. Hirte could pay his share in installments. The Director of Public Works noted the policy is if the payment is less than $250, then payment must be, made in a one -year period. If payment is larger than $250, it can be spread out over two years. He further explained the property owner has the choice of paying within 60 days after the work is completed, or allow it to be put on as a special assessment and pay it in 1993, 8124/92 - 1 Councilmember Cohen asked when this assessment would be certified and put on the tax roles if the property owner chose to delay payment. Tlie Director of Public Works answered if the property owner chooses not to pay this year, the payment would not have to be made until 1994. The certification would be i« the fall of 1993 and then payment will need to be made in 1994. Councilmember Cohen stated the property owner has asked the Council to take a look at this policy. The issue is the tree must be removed and the question is who pays for tlic just as fair today as the da val, He suggested the Council decide if the policy is � y Y it was remo gg put into effect. Councilmember Rosene agreed with Councilmember Cohen that the Council should take a look: at why this was established. Councilmember Pedlar also agreed with Councilmember Cohen but stated the Council must take into consideration the City has had a number of diseased trees removed and many h removal. He stated before he could owners have paid their share of property recommend the City change its policy, he would have to do some research. There was a motion by Councilmember Pedlar and seconded by Councilmember Cohen directing staff to bring financial impact of discontinuing property owner co- payment to the Council. The Director of Public Works stated there should be two conditions: 1. The tree must come down as it is an infectious tree. 2. The payment by Mr. Hirte be put on hold and if the Council reaffirms the policy, then Mr. Hirte would have 20 days from date of reaffirment, to make payment or payment will go on the tax roles. Councilmember Cohen explained he has paid to have diseased trees removed from his P ro e nY but in all fairness the Council will take a look at the policy. Councilmember Pedlar agreed with the recommendations of the D irector of Public Works. He asked that the tree be removed and the matter be brought back to the Council the last meeting in September. There was a motion by Councilmember Pedlar and seconded by Councilmember Cohen to add to the original motion to put a hold on the payment process, and the City will rcillove the tree in the meantime. The motion passed unanimously. 8/24/92 -2- The City Attorney added the Council will be considering at their _next Council meeting the special levies for 1991. The Council will need to renew this diseased tree removal policy For 1992. COUNCIL REPORTS There wore no council reports. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to add the Financial Task 1~orce Recommendation Regarding City Council Salaries to the end of the August 24, 1992 Council Agenda, The motion passed unanimously. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Gouncilmemhers requested any items be removed from the consent agenda. None were made. Later in the meeting, consensus was reached to remove item 11h from the Consent Agenda, APPROVAL OF MINUTES AUGUST 10, 1992 - REGULAR SESSION There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve the minutes of the August 10, 1992, regular session as printed. The motion passed unanimously, RESOLUTIONS RESOL -UTION NO. 92 -198 Member Dave Rpscnc introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1992 -21, TELEVISION INSPECTION OF SANITARY SEWERS, AC:C EFTING PROPOSAL, AND APPROPRIATING FUNDS THEREFORE The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO, 92 -199 Membcr Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION APPROVING AGREEMENT NO. 69791 WITH THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION, AUTHORIZING EXECUTION OF SAID AGREEMENT, AND APPROPRIATING FUNDS THEREFORE The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. 8/24/92 - 3 - N 92 -2 RESOLUTION o. oa Member DdvG Rosene introduced the following resolution and moved its idoption 0 RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES (ORDER NO. DST 08/24/92) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 92 -201 Munibcr Dave Ro=c introduced the following resolution and moved its adoption: RESOLUTION AViENDING SCHEDULES B AND I OF THE 1992 PAY PLAN The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. _RESOLUTION N 2 -2 2 Mu mbcr Dave Roselle introduccd the following resolution and moved its adoption: RESOLUTION AUTHORIZING ISSUANCE OF A LAWFUL GAMBLING LICENSE TO THE BROOKLYN CENTER LIONS CLUB TO OPERATE A FULL -TAB AT THE LYNBROOK BOWL The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously, RESOLUTION NO. 92 -203 Member Dave Rosette introduccd the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF THE BROOKLYN CENTER LIONS CLUB The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. I RESOLUTION NO.-92-204 Member Dave Ru5cne introduccd the following resolution and moved its adoption: RESOLUTION DECLARING HERITAGE FESTIVAL AS A CIVIC EVENT FROM OCTOBER 19 THROUGH OCTOBER 24, 1992 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. 8/24/92 -4 - RESOLUTION NO 92 -206 Member Dave; Rosene introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1992 GENERAL FUND BUDGET AND APPROVING THE PURCHASE OF EQUIPMENT AND AUTHORIZING TRANSFER OF FUNDS FROM DRUG FORFEITURE MONIES The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO 92-207 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF JAMES F. LIN IaSAY The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. LICENSES There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve the following list of licenses: ITINERANT FOOD ESTABLISHMENT Axiom Marketing Brooklyn Center Brooklyn Center Country Store 3boU - 63rd Ave, N. GA RBAGE AND REFUSE COLLECTION VEHICLE Waste Management - Blaine 10050 Naples St. NE MECHANICAL SYSTEMS Pfiffater Heating &. Air Conditioning 6301 Welcome Ave. N. RENTAL DWELLINGS Initial: Donald Steil, Dwaine Nelson & Harriet Berg 620 - 53rd Ave. N. Esam & Tamera El- Fakahany 1215 - 1217 54th Ave. N. Renewal: Gary D. Anakkala 5412 - 5412 -1/2 Fremont Ave. N. James & KathIeen Utccht 5900 Washburn Ave. N. Ryan Lakc Partners 3401 -3413 47th Ave. N. 8/24/92 -5 - SPECIAL FOOD HANDLING ESTABLISHMENT National ICES 1600 Freeway Blvd. The motion passed ananimously. PLANNING COMMISSION ITEMS The City Manager introduced Planning Commission Application No. 92011 submitted by Metropolitan State University which is a request for special use permit approval to allow an extension campus in a CIA zoning district in the office building at 6300 Shingle Creek Parkway, This application was considered by the Planning Commission at its August 13, 1992, meeting and approval was recommended. The Director of Planning and Inspection explained this is a request for a determination that a university campus is an allowable special use in the CIA zoning district and concurrently a request for special use permit approval to allow an extension campus of Metropolitan State University in the office building at 6300 Shingle Creek Parkway. He reviewed for the Council the recommendation of the Planning Commission. Councilmember Rosene stated the Council has a Iot of supporting evidence and he is ready to go forward. Councilmember Scott stated she has received several calls from tenants in the building who expressed their approval of this project. Mayor Paulson opened the meeting for the purpose of a public hearing on Planning Commission Application No. 92011 submitted by Metropolitan State University recluestinK special use permit approval to allow an extension campus in a CIA zoning district in the office building at 6300 Shingle Creek Parkway at 7:37 p.m. Daniel Kirk, Associate Vice President for Metropolitan State University, expressed his gratitude for the support and help of the City staff and asked if the Council had any questions. Mayor Paulson asked Mr. Kirk if the University will be ready to start classes this Fall. Mr. Kirk stated when the University receives the permit, it will begin immediately. Councilmember Rosene asked if the matter of adequate egress had been settled. The City Manager stated it was determined to not be a problem. It was noted that changes were made to classroom locations and a staircase was widened to elimiiiate any future problems. There was a motion by Councilmember Pedlar and seconded by Councilmember Cohen to close the public hearing at 7;40 p.m. The motion passed unanimously. $124/92 - 6 - There was a motion by Councilmember Roscne and seconded by Councilmember Scott to approve Planning; Commission Application No. 92011 submitted by Metropolitan State University subject to the following conditions: 1. Special use permit approval acknowledges a university campus with up to 18 classrooms, occupying up to 16,605 Sq. ft. of rentable space at 6300 Shing 1r, Creek Parkway as contained in the applicant's plans and letter dated August 4, 1992. Any expansion or alteration of the proposed use beyond that contained in the aforementioned submittal shall require an amendment to this special use permit. 2. The special use permit is subject to all applicable codes, ordinances, and regulations. Any violation thereof may be grounds for revocation. 3. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 4. Students attending weekday, daytime classes shall not exceed 60 at any given time. The motion passed unanimously. ORDINANCES The City Manager introduced An Ordinance Amending Chapter 34 of the City Ordinances Relating to Real Estate Signs. He explained it was offered for a first reading on July 27, 1992, published in the City's official newspaper on August 5, 1992, and is offered for this evening for a second reading. Councilmember Cohen asked that this Ordinance be reviewed in 12 months. Mayor Paulson opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 34 of the City Ordinances Relating to Real Estate Signs at 7:42 pau. He inquired if there was anyone present who wished to address the Council. Mr. John Kelly of the Building Owners and Managers Association expressed his and Mr. I Kent Warden's support of this ordinance and offered to answer any questions of the Council, There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to close the public hearing at 7:43 p.m. The motion passed unanimously. ORDINANCE NO, 92 -13 j Member Cclia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 34 OF THE CITY ORDINANCES RELATING TO REAL ESTATE SIGNS The motion for the adoption of the foregoing ordinance was duly seconded by member Dave Roscne, and the motion passed unanimously. 8/24/92 -7 - There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar directing the Planning Commission to review Chapters 34 and 35 of the City Ordinances in 12 months regarding the effectiveness of the real estate sign ordinance provisions. The motion passed unanimously. Councilmember Cohen thanked Mr. Kelly and Mr. 'Warden for their work with the Planning Commission, The City Manager introduced Am,4rdinance Amending Chapter 35 of the City Ordinances Relating to Administrative Land Use Permits. He explained this ordinance was offered for first reading on July 27, 1992, published in the City's official newspaper on August 5, 1992, and is offered this evening for a second reading. Mayor Paulson opened the meeting for the purpose of a public hearing on An Ordinance Amending; Chapter 35 of the City Ordinances Relating to Administrative Lurid Use Permits at 7:46 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 Pedlar to close the public hearing at 7 :46 p.m. The motion passed unanimously. ORDINANCE NO, 92 -14 Member Philip Cohcn introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES RELATING TO ADMINISTRATIVE LAND U$E PERMITS The motion for the adoption of the foregoing ordinance was duly seconded by member Dave Rosene, and the motion passed unanimously. DISCIJSSION ITEMS PART -TIME COMMUNICATI NS CO RDINATOR POSITION The City Manager presented the part -time Communications Coordinator position to the Council. He explained the Financial Task Force recommended against funding the position in 1992 and suggested approval of it in 1993 only if there is an equivalent reduction in other General Fund operating expenses. He stated the Communications Task Force is asking the Council to reconsider funding the position in 1992. He indicated the 1993 budget proposal will include the part -time Communications Coordinator as an annual expense of appro;dmately $21,000. Councilmember Pedlar asked if the Council approves the part -time position, is the Council circumventing the work of the Financial Commission. The Uty Manager replied yes it will. 8/24/92 -8- Councilmember Rosene stated the capital outlay is about $8,200, which is available right now, and the labor cost will be about $3,200 in 1992. He asked staff if the $3,200 is available. The City Manager responded affirmatively. Councilmember Rosene went on to state it seems everything is now in place to get this up and running, He noted there have been a number of times where a person in this position would be an asset to the City. Councilmember Cohen stated if the position is approved to begin in 1992, there is the assumption it will be approved in the 1993 proposed budget. fie asked where this person will be - housed and if it is possible to contract this position with another city. The City Manager replied yes, the City is looking into contracting with another city. Councilmember Scott stated she has a problem with starting the position in 1992, but has no problem approving it as a position in 1993. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve the creation of the position and the reallocation of the Capital Expenditure Funds to purchase necessary office equipment and that this position be targeted to start in 1993. Councilmember Pedlar stated he understood the Council was drawing conclusions about the 1993 budget. He further stated in reviewing the budget process the Council needs to prioritize the staffing, programs and their functions. The Council has approved the concept but is saying the communications position has more importance than other positions that have been ear - marked for removal in 1993, The Council must look at the entire budget as a whole, He explained the Council is making a decision tonight that one position is approved and this is a mistake. The City Manager explained it is his understanding the Council has approved the capital outlay and is looking at the position early in the budget process. He further explained he would not consider purchasing the equipment until the Council authorizes the position. Councilmember pedlar expressed concern about putting the cart before the horse -- one cannot purchase furniture unless you are going to put someone in the furni turc. we must move this discussion through the budget process. Councilmember Rosene asked how many positions are ear - marked to be cut. The City Manager answered it is too early in the process to make that determination. The Finance Commission has suggested 4 to 7 positions, Councilmember Rosene asked if these positions are guaranteed to be cut. The City Manager answered some will probably be cut but there is no guarantee, Councilmember Rosene stated if, in the prioritization process, the Financial Commission decided these positions should be cut, the Council must review and discu:is this. He reiterated the City does need a communications person. $/24192 -9- Councilmember Pedlar stated it is incumbent upon the Council to know which jobs are being considered for removal, Councilmember Rosene agreed it is necessary to know which positions are being considered for removal. Councilmember Scott suggested Councilmember Rosene withdraw his motion and substitute a motion that would say that $ 8 be reserved in the 1992 budget for equipment if the position is approved in the 1993 budget. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to withdraw the first motion, and substitute a motion to reserve $8,500 from the 1992 Capital Outlay Budget for the purchase of start -up equipment if the Communications Coordinator position is approved as part of the 1993 Budget, The motion passed unanimously. NSIDERATION OF A NEIGHBORHOOD STREET IMPROVEMENT PROGRAM The City Manager introduced a Resolution Authorizing Preliminary Consideration of a Possible Neighborhood Street Improvement Program. He stated staff suggests the matter of considering such improvements be referred to the Earle Brown Neighborhood Advisory Committee. Councilmember Pedlar thanked the Director of Public Works for providing the Council with pictures of the streets involved. Councilmember Cohen informed the Council he had toured the West and East Humboldt areas whorc citizens had potitionod for street improvements in the 1960s. He suggesting taking photos of the area and interviewing residents on their satisfaction with the project. He asked staff to bring this information back to the next Council meeting in September. Councilmember Scott suggested setting up meetings with residents in the Earle Brown neighborhood. The Director of Public Works informed the Council the subject has been discussed with the Earle Brown Neighborhood Advisory Committee. The Earle Brown Neighborhood Advisory Committee expressed an interest in expanding their committee by 50 to 60 more residents of the S.E, neighborhood to explore this issue. The next meeting is scheduled for 7 p.m, on Thursday, September 17 at Earle Brown Elementary School. RESOLI,JTION NO, 92 -208 Member Philip Calien introduced tho following resolution and moved its adoption: RESOLUTION AUTHORIZING PRELIMINARY CONSIDERATION OF A POSSIBLE NEIGHBORHOOD STREET IMPROVEMENT PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. 8/24/92 - 10 - RECESS The Brooklyn Center City Council recessed at 8:20 p.m. and reconvened at 8:35 p.m. SELECTION OMMITTEE REPORT REGARDING PROPOSALS RECEIVED FOR DEVELOPMEN 1 OF A PAVEMENTT MANAGEMENT PROGRAM The City Manager explained the cit Council adopted Resolution No. 92 -152 which formally initiated the development of Brooklyn Center's Pavement Management Program. proposals were solicited from consulting firms and a selection committee was then appointed to rcvicw the proposals. After conducting interviews, the selection committee recommended the firm of Braun Intertec Pavement lnc Councilmember Pedlar asked if other cities using his system had been g Y n contacted. The Director of Public Works rk ..• isfied with o s stated the cities had b n ee contacted and the were sa_ the systems. y Councilmember Scott stated she had never spoken for the high proposal before, however Braun meets all the requirements, She further stated she believes this type of project is necessary and it should be done correctly. Mr. Erland Lukanen, from Braun Intertec Pavement Inc., presented an overview of what pavement management is and answered questions of the Council. The Director of public Works explained the system will cost $56,000 initially i and will probably be updated after 4 to 5 years. Councilmember Cohen asked if the program will assure that certain returns will be met. The Director of Public Works stated the program will give the City the best opinion as how to spend the City's maintenance moneys in the best way. The staff and Council wiI1 make the financial decisions, Counciln Pedlar stated the City would be spending $56,000 to effectively, over a period of time, save money. He asked if staff or Braun could quantify how long this will take, Councilmember Scott stated it is a program to help the City best analyze where its money is best spent. It will contain basic information on our streets and enable us to make sensible decisions. Councilmember Pedlar agreed with Councilmember Scott in concept but stated he felt there is a need to justify this cxpcnditure, He asked if there is data available from other communities to support and justify this system. The City Manager stated the streets have been kept at a pretty good level, however with this system staff belicvcs It can be determined which roads should be reconstructed vs. gcncral maintenance, repairs. The Director of Public Works stated he is convinced by using this program the City can recognize a pay -back by the reduction in costs of maintenance. He predicted a pay -back time of two years. 8/24/92 Councilmember Pedlar stated he is not in anyway disagreeing, but the City is talking about an expenditure of $56,004 that needs to be quantified. He further stated it is incumbent upon the Council to See data that supports the projected results. Councilmember Cohen asked Councilmember Pedlar if he could move forward on this issue this ni s e c n if st r sta a t o provide ' g g p information that supports their thesis. Councilmember Pedlar answered he presumes the data is available and will approve contingent upon receipt of this data, Councilmember Cohen asked the City Manager and Director of Public 'Works what the timeline is and if it must be completed before bad weather. Mr. Lukanen responded for staff noting if Council waits until September, it can be done but it is difficult in the fall with the leaves and impossible if it snows. The City Manager suggested the Council authorize staff to proceed and to provide Council with supp orting data within t w will n poll F e ee t o e ach Coun cilm emb er P g st the ac Cou ilmember b hone and n P Y 1� d if acceptable put it on the next Council agenda, There was a motion by Councilmember Cohen and seconded by Councilmember Scott to approve the Resolution Accepting Proposal for Development of a Pavement Management Program, Improvement Project No, 1992 - and Allocating Funds Therefore with the contingency that the data on the pay -back as requested by Councilmember Pedlar be provided to the Council and the Council be polled prior to next Council meeting for approval at the September 14, 1992, City Council meeting. The motion passed unanimously. STAFF REPORT REGARDING DEVELOPMENT OF AN AREA EMERGENCY RESPONSE TRAFFIC MANAG SYSTEM The City Manager presented the staff report regarding development of an area emergency response traffic management system. He, cxplained the North Medical Transportation Services has been in contact with City representatives to discuss possible installation of an Emcrgcncy Vehicle Priority System on traffic signals and emergency vehicles in the northwest metro area including the cities of Brooklyn Center, Brooklyn Park, Crystal, Golden Valley, Maple Grove, Minneapolis, New Hope, Plymouth and Robbinsdale. Councilmember Rosene asked if there is much of a chance that partial funding will be attained. The City Manager explained North Medical Transportation Services plans to submit an application for a federal grant to cover all costs of installing an ERM system in the north metro area. 8/24/92 -12- RESOLUTION NQ 92 -209 Membur Dave Rosene introduced the following resolution and movod its adoption; RESOLUTION RELATING TO A JOINT AND COOPERATIVE AGREEMENT FOR THE 1NS'1'ALrA1'10N Ur AN AREA WIDE EMERGENCY RESPONSE MANAGEMENT SYSTEM BY THE NORTH SUBURBAN REGIONAL EMERGENCY RESPONSE NETWORK, AND ESTABLISHING IMPROVEMENT PROJECT NO. 1992- 23 FOR IMPLEMENTATION OF AN EMERGENCY RESPONSE TRAFFIC MANAGEMENT SYSTEM The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously, PROGRAM ALLOWING HIGH SCHOOL SENIORS TO SERVE AS NONVOTING MEMBERS ON CITY ADVISORY COMMISSIONS AND CITY CQUNCIL The City Manager presented a program which will allow high school seniors the opportunity to serve as nonvoting members on City advisory commissions and the City Council, Councilmember Scott stated she thinks this would be a great experience for them; however, the Council meetings get very involved and very tedious, and the Council would be unable to stop and explain, Councilmember Rosene asked if confidential materials would be made available to students. He stated he likes the idea of having the students involved especially through City advisory commissions. Councilmember Cohen asked how it would work and stated it would be a good idea. There was a motion by Councilmember Rosene and seconded by Councilmember Cohen to instruct staff to poll city advisory commissions and establish a program for Council review. The motion passed unanimously, Mayor Paulson asked that his intern be involved in this process. There was a motion by Councilmember Rosene and seconded by Councilmember Pedlar to consider the issue of Council salaries next. The motion passed unanimously, FIN ANCIAL TA FORCE RECOMMENDATION REGARDING CITY.. COGNCII. SALARIES Mr. Esther, Financial Commission Chairman, thanked the Council for their confidence in the Financial Commission and explained the Financial Commission has not had time to evaluate this matter but will take on the task. He further stated it is the unanimous feeling of the Commission that this is not a second job and it is a service position. He requested City staff to do research on whether other cities or municipalities have developed a salary process that is fair for elected officials, He stated the minutes of the August 17, 1992, 8/24/92 meeting of the Financial Commission reflect that the Commission again recommends the salary compensation for the Mayor and City Council remain at the 1992 level. Mr. Ted Willard, 6825 Drew Avenue, addressed the Council stating he had served on the Council from 1962 to 1972, He explained he considered his service as voluntary in nature and as having its own rewards. Mayor Paulson recognized Mr. Dean Nyquist. Mr. Nyquist first read to the Council a statement from Mr, Tony Kuetler, who was unable to attend the meeting, as follows: "Having served 9 years on the Council myself, I have some opinions on the City Council salary issue. 1. The salary should not be so high as to attract candidates primarily just for the salary. in my opinion our community interests are better served by people interested in lending their time and expertise as a community service, in much the same manner as others volunteer their time to coach little league sports, serve on church or community service organization boards, etc. I feel the compensation should not be thought of as compensation for one's time, but rather compensation to cover some personal expenses incurred as a result of being a council person (i.e., mileage to and from council and commission meetings, etc.), 2. I favor a small salary adjustment every couple of years, rather than no adjustments for 6 -8 years, there going for a large adjustment," Mr. Nyquist explained to the Council he also served as Mayor of Brooklyn Center but without any compensation. He said he. is not suggesting this, but a Councilmember should not rely on the salary as a second income. It is a public service and should not be relied on as an additional income. Councilmember Pedlar thanked the Financial Commission for doing a fine job. He recommended the Council adopt Draft B as an amendment which will rescind the adopted salary increases scheduled to take affect on January 1, 1992, and provides for continuance of the current salaries for Mayor and Council. Councilmember Scott agreed to rescinding the salary increase; however, she stated the Council needs to come up with a plan for Council salary increases for the future. She would like to work with the Financial Commission to come up with something so the Council does not have to go through this so many times, Councilmember Rosene stated when the Council was discussing the salary Ievels of the department heads, it wanted to be careful not to send the wrong message. The Council wanted to give some increase because not to would be telling the department heads they are doing a poor job. Now the Council is doing that to itself. The Commission is not saying 8/24/92 - 14 - the Council does not need an increase, it is saying it does riot have enough information. He stated he personally would like to give them some testimony. He asked if the Financial Commission would rind it egregious to ask residents to pay a nickel more for a 5 percent increase each year which would still leave the Council $287.50 below what the average is right now. He stated the Council was remiss in the original amount and he apologizes for that. He suggested passing something small now, such as a 5 percent increase. He stated he is just asking for what is fair, not to get rich. Councilmember Pedlar acknowledged the remarks made by Councilmembers Rosene and Scott. He noted it is important to remember the Council is not grossly underpaid. 71ic; message the Council has sent to our citizens is that the Council is "gravy." It spends a great deal of time looking at City employee's salaries, and as the Council looks at employee salaries, he is sure they have many difficulties getting the things they need. He stated the Council should send back a message that it agrees with the Financial Commission, resolve this issue and move forward, He stated he will not debate a 5 percent increase and he is looking for a recommendation from the Financial Commission. Councilmember Rosene stated he d t does no agree with the Financial Commission. Councilmember Pedlar reiterated his agreement with the Financial Comnni,siotl recommendation. He further stated the Council needs to develop criteria and to develop what the job is worth. Councilmember Rosene stated if the Council does not act before November, it will be January 1995 before any changes can be made and that would put an unnecessary burden on the Council to make up for lost time. Mr. F-scher stated he had hoped he was very direct and the Council would r p ry understand clearly what the Commission was saying. The Council is responsible to the citizens. What it did was egregious. The Financial Commission had concerns about no action until 1995 and the Council is responsible for their own compensation. Councilmember Rosene asked if the Council is going to beat themselves to death over this. Mayor Paulson asked what percentage the increases are. Mr. Escher answered approximately 50 percent. Mayor Paulson stated in the ast the Council voted itself a salary increase. Now it must P rY look at to what extent it is going; to reduce the current level by and the Council must formulate a long -term salary policy. Mr. Escher reiterated the official position of the Financial Commission is for Council to retain its current salary levels. Councilmember Pedlar asked if, in fact, the Council were to pass a resolution, could there be a stipulation to move it on for a second reading based on criteria and recommendation of the Financial Commission. The City Manager answered the Council must establish a dollar amount. 8/24/92 -15 - Councilmember Pedlar asked if the Council develops an acceptable method for increasing salaries, can salaries then be increased as agreed by the Council and Financial Commission on January 1, 1994, The City Attorney stated he did not think this is possible. The City Charter states salaries are fixed by ordinance. No change in Salary takes effect until after a municipal election. A salary increase must be done before the next election. There was a motion by Mayor Paulson to reduce the Mayor's salary by 50 percent and the Councllmembers' salaries by 45 percent from the current ordinance level which is effective January 1, 1993. The motion died for lack of a second. Councilmember Scott asked if the proper action would be to rescind the Ordinance and then propose a new Ordinance. The City Attorney answered the proper procedure is to amend the Ordinance. Councilmember Pedlar asked to make a comment on Mayor Paulson's motion. The employees received a 2.9 percent salary increase and he felt strongly the Council should back the Financial Commission recommendation. He did not think 5 percent is acceptable. He could accept a 2.9 percent increase. Councilmember Cohen stated a month ago the Council had a motion to rescind and it was tabled for financial Commission review. He further stated he would like to take action to roll the salaries back and put the issue to a public hearing. There was a motion by Councilmember Rosene and seconded by Councilmember Pedlar to accept the report of the Vinancial Commission with thanks. The motion passed unanimously. Councilmember Scott asked Councilmember Pedlar if he would be comfortable rescinding the Ordinance and approving a 2.5 percent raise in 1993 and a 2.5 percent raise for 1994. She further stated the Council needs to put a nominal raise in place to avoid this problem in the future. There was a motion by Councilmember Cohen and seconded by Mayor Paulson to remove from the table the discussion of Council Salaries, The motion passed unanimously, There was a motion by Councilmember Scott and seconded by Mayor Paulson to rescind the salary increase and to recommend a 2,5 percent salary increase in 1993 and a 2.5 percent salary increase in 1994 subject to the City Council and Financial Commission developing a plan for the future. Mr. Eschcr stated that percentage increases are very misleading. He suggested looking at a just Salary for this day and age and giving a flat dollar increase. 8/24/92 -16- There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to amend the motion to; Ordinance is amended to provide for the Mayor and Council,nciubers an increase of $150.00 effective January 1, 1993 and an increase of $150 over that effective January 1, 1994. The motion passed unanimously. Denis Kelly asked that the minutes clarify the exact amount the salaries will be. Councilmember Rosene answered effective January 1, 1993, Councilmembers' salaries will be $5,150, and effective Januarys, 1994, the pay will be $5,300.00. Councilmember Pedlar stated the Mayor's salary effective January 1, 1993 will be $7,150.00 and effective January 1, 1994 will be $7,300, SAFETY COMMITTEE RECOMMENDATIONS The City Manager explained the employee safety committee has recommended the scheduling of two training programs for City personnel that arc not included in the 1992 budget. The City Council is being asked to consider approving funding for these programs. RESOLUTION NO, 92 -210 Meiuber Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1992 GENERAL FUND BUDGET TO TRANSFER FUNDS TO PROVIDE TRAINING AND PERSONAL PRO'iECTIVE EQUIPMENT FOR EMPLOYEES AT RISK OF EXPOSURE TO BLOODBORNE PATHOGENS The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. The City Manager introduced a Resolution Amending the 1992 General Fund Budget to Transfer Funds to Provide Training on Defensive Driving. He stated the safety committee has also recommended that the City should schedule defensive driving training for those City employees who regularly drive City vehicles or their own vehicles while conducting City business. RESOLUTION NO. 92 -211 Mcmbcr Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1992 GENERAL FUND BUDGET TO TRANSFER FUNDS TO PROVIDE TRAINING ON DEFENSIVE DRIVING The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. 8/24/92 - 17 - 1993 PRELIMINARY PROPOSED UDGET T —ADOPT THE 1993 PRELIMINARY PROPOSED 13UDGET The City Manager presented the Preliminary Proposed Budget for 1993. He explained thu proposed budget is designed to give the City Council sufficient information to establish a preliminary 1993 property tax levy and budget total by September 15, 1992, the certification deadline. The Finance Director reviewed the proposed budget and answered questions of the Council. The City Manager stated he will have a schedule to the Councilmembers by next week and would also like to set up budget review work sessions. Councilmember Cohen stated he would like to have staff take a look at the code enforcement and inspection fees as a way of generating more revenue. Mayor Paulson expressed concern over an 8 percent increase in the tax levy. Councilmember Pedlar noted the levy amount cannot be increased after September 15, however, it can be decreased. Councilmember Rosene estimated the incrt;asc will cost the average homeowner about $232 per month. RESOLUTION NO, 92 -212 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 1993 PRELIMINARY PROPOSED BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously, RESOLUTION NO. 92 -213 Member Dave Rosette introduced the following resolution and moved its adoption: RESOLUTION TO AUTHORIZE A PRELIMINARY PROPOSED TAX LEVY FOR 1993 BUDGET APPROPRIATIONS The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, The motion passed. Mayor Paulson voted nay. 8/24/92 -18 - RESOLI,ITION NO, 92 -21 Member Celia Stx)tt introducod the following resolution and moved its adoption: RESOLUTION APPROVING A PROPOSED TAX CAPACITY LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPEKATION, PROVIDING INFORMATIONAL SERVICE, AND RELOCATION ASSISTANCE PURSUANT TO THE PROVISIONS OF MSA 469.001 THROUGH 459.047 OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER FOR THE YEAR 1993 The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene. The motion passed, Mayor Paulson voted nay. PLACEMENT OF 1% FOOD AND LIQUOR TAX QUESTION ON NOVEMBER 3. 1992, GENE$.AL_ ELECTION BALLOT The City Manager presented the Placement of 1 °lo Food and Liquor Tax Question on November 3, 1992, General Election Ballot. He presented the following revised schedule for Council consideration: 1. Establishment of the date of the public hearing (a public hearing is not required for this purpose but we recommend your consideration); 2. Public hearing notification process; 3. A process for polling City Council and Legislative candidates on their attitudes and opinions regarding this issue; 4. Direction to staff on the type of informational campaign the Council wishes to consider should they place the question on the ballot; and 5. Any other questions or concerns the Council may wish to consider. The City Manager further stated the next meeting of the Chamber of Commerce is scheduled for Scptember 10. Councilmember Cohen stated the Council should move forward, He further stated the Council did pass a resolution encouraging Representative Carruthers to pursue this tax. He noted the Council has an obligation to move it along and get it on the ballot. Mayor Paulson stated he liked that the citizens will decide to impose the tax, and supports it placement on the ballot. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to approve the revised schedule (as listed above). The motion passed unanimously. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to establish a public hearing date of September 14, 1992. The motion passed unanimously. 8/24/92 - 1.9 - i There was a motion by Councilmember Rosene and seconded by Councilmember Scott dirocting staff to send a letter to candidates and follow -up with a phone call. The motiuu passed unanimously, _RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH THE STATE OF MINNR8Q .F OR_THE PURPOSE OF C 'I'H1� FIRST STAG> OF A FOUR -CI BUS INESS RETENTION AND LOCAL MARKET EXPANSION PILOT PR ECT. There was a motion by Mayor` Paulson and seconded by Councilmember Rosene to reconsider Item 11h of the Consent Agenda, and the motion passed unanimously. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to table the Resolution Authorizing Execution of Agreement with the State of Minnesota for the Purpose of Conducting the First Stage of a Four -City Business Retention and Local Market Expansion Pilot Project until such time as the EDA Coordinator has satisfied Mayor Paulson's questions about this issue and then direct staff to poll the Council on this issue and then authorize for signature. The motion passed. Councilmember Cohen abstained. RESOLUTIONS (Continued) The City Mwiager introduced a Resolution Calling Special Election for Submission of Proposed Amendments to City Charter and Fixing Form of Ballots, November 3, 1992. He presented three options for wording on the ballot: Option I: Shall the proposed Charter Amendment be adopted? Option II: Shall the proposed Charter Amendment which was published in the official newspaper on , 1992, and , 1992 he adopted? Option III: Shall the proposed Charter Amendment relating to the procedure for filling vacancies on the City Council by appointment or by special election be adopted? RESOLUTION NO, 92 -205 Member Ddvv Rosene introduced the following resolution and moved its adoption: RESOLUTION CALLING SPECIAL ELECTION FOR SUBMISSION OF PROPOSED AMENDMENTS TO CITY CHARTER AND FIXING FORM OF BALLOTS, NOVEMBER 3, 1992. The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott. Mayor Paulson stated the Council needs to be even more specific in the language of the ballot. 8/24/92 -20- There was a motion by Councilmember Rosene and seconded by Councilmember Scott to amend the motion by removing "by appointment or by special election be adopted" from the language of Option 3. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the motion as amended. The motion passed unanimously. AI)SO11RNMENT There was a motion by Councilmember Pedlar, and seconded by Councilmember Rosene to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 12;15 a.m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Nancy Borg Northern Counties Secretarial Services 8/24/92 -21- CITY OF BROOKLYN CENTER Council Meeting Date Seutember 14.1992 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: PROCLAMATION DECLARING SEPTEMBER 19 -27, 1992, AS POW /MIA RECOGNITION WEEK PROCLAMATION DECLARING SEPTEMBER 17-23,1992, AS CONSTITUTION WEEK PROCLAMATION DECLARING OCTOBER 12, 1992, AS COLUMBUS QUINCENTENNIAL DAY IN BROOKLYN CENTER DEPT. APPROVAL:, Patti A. Page, Deputy City Clerk MANAGER'S REVIEW/RECOMAIENDATION: . • No comments to supplement this report Comments below /attached SU MURY EXPLANATION: (supplemental sheets attached RECOMMENDED CITY COUNCIL ACTION PROCLAMATION Fall DECLARING SEPTEMBER 19 -27, 1992, AS POW /MIA RECOGNITION WEEK is WHEREAS, America's men and women have served their country heroically since the Revolutionary War; and WHEREAS, Thousands of Americans served in those wars were captured by enemy or became Missing in Action ;. and WHEREAS, Over 2,270 men and women, including 43 Minnesotans, are still officially unaccounted for in Southeast Asia, which includes the Vietnam War; and WHEREAS, Over 78,751 such men and women are still officially unaccounted for from the World War II, including 9,677 Minnesotans; and WHEREAS, Over 8,177 such men and women are still officially unaccounted for from the Korean Conflict, including 121 Minnesotans; and WHEREAS, The American government is still receiving reports indicating the possibility that many are still alive and being held, thus creating a situation many citizens of Minnesota and this Great Nation consider unbearable; and WHEREAS, President Bush has said, "We will do everything that a government can do to recover the missing, and if we discover proof of captivity, we will take action to bring our men home. Until the POW /MIA issue is resolved, it will remain a matter of the highest national priority; and WHEREAS This nation now enjoys the blessings of peace because of its veterans' dedication to duty, honor and sacrifice, and because we recognize this special debt we owe those Prisoners of War and Missing in Action; and WHEREAS, The State of Minnesota, in accordance with President Bush's request, will designate the week of September 19- 27, 1992, as POW /MIA Recognition Week; NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, do hereby proclaim the week of September 19 -27, 1992, as POW /MIA Recognition Week in Brooklyn Center. Date Todd Paulson, Mayor Seal Attest: Deputy City Clerk PROCLAMATION DECLARING SEPTEMBER 17 - 23 1992, AS CONSTITUTION WEEK IN BROOKLYN CENTER WHEREAS, Our Founding Fathers, in order to secure the blessings of liberty for themselves and their posterity, did ordain and establish a Constitution for the United States of America; and WHEREAS, It is of the greatest importance that all citizens fully understand the provisions and principles contained in the Constitution in order to support, preserve, and defend it against all encroachment; and WHEREAS, The two hundred fifth anniversary of the Signing of the Constitution provides an historic opportunity for all Americans to realize the achievements of the Framers of the Constitution and the rights, privileges, and responsibilities it affords; and WHEREAS, The independence guaranteed to American citizens, whether by birth or naturalization, should be celebrated by appropriate ceremonies and activities during Constitution Week, September 17 through 23, as designated by proclamation of the President of the United States of America in accordance with Public Law 915. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, do hereby proclaim September 17 through 23, 1992, as Constitution Week in Brooklyn Center. Date Todd Paulson, Mayor Seal Attest: Deputy City Clerk PROCLAMATION DECLARING OCTOBER 12, 1992, AS COLUMBUS OUINCENTENNIAL DAY IN BROOKLYN CENTER WHEREAS, Christopher Columbus' great voyage to the New World in 1492 required vision, courage and determination, his accomplishment changed the course of world events, and his name is deservedly honored in history; and WHEREAS, Columbus ventured into uncharted seas, disregarding the advice of supposedly learned men, because he had faith in God, faith in his own conviction, and faith in his capabilities as a navigator; and WHEREAS, Columbus carried Christianity to the shores of the New World, began the greatest human migration in history and initiated an exchange of cultures; and WHEREAS, it is fitting that the inhabitants of the New World pay tribute to the memory of the famed Genoese explorer on the 500th anniversary or Quincentennial of his historic voyage; and WHEREAS, Knights of Columbus Father Schumaker Council 6772 of Brooklyn Center and Brooklyn Park hereby urge the citizens of Brooklyn Center to observe this event in a manner that will dramatize and restate the fundamental principles of faith, wisdom and courage that guided the footsteps of the Great Discoverer, the Admiral of the Ocean Sea, Christopher Columbus. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, do hereby proclaim October 12, 1992, as Columbus Quincentennial Day in Brooklyn Center. September 14, 1992 Date TocTd Paulson, Mayor Seal Attest: Deputy City Clerk Y �`t t' CITY OF BROOKLYN CENTER Council Meeting Date 9114i92 Agenda Item Number 40 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: CHIEF OF POLICE APPOINTMENT DEPT. APPROVAL: Geral R. Barone, Personnel Coordinator MANAGER'S REVIEW/RECOMaMNDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) The city council is being asked to finalize the appointment of Mr. Trevor Hampton as the new chief of police effective September 28, 1992. Mr. Hampton has agreed to conditions of employment outlined in the attached letter from consultant Jim Brimeyer. The council is also being asked to approve Mr. Hampton's starting salary which is in the merit range and requires council approval. RECOMMENDED CITY COUNCIL ACTION Approve a Resolution Finalizing the City Manager's Appointment of a Chief of Police and Amending the 1992 Pay Plan. Member introduced the following resolution and moved its adoption: r RESOLUTION NO. is RESOLUTION FINALIZING THE CITY MANAGER'S APPOINTMENT OF A CHIEF OF POLICE AND AMENDING THE 1992 PAY PLAN WHEREAS, Police Chief Jim Lindsay retired on September 11, 1992, and the City of Brooklyn Center has conducted a national search for a Chief of Police to replace him; and WHEREAS, City Manager Gerald Splinter has selected Mr. Trevor Hampton as the new Chief of Police effective September 28, 1992; and WHEREAS, Section 6.02, Subdivision 3. (a), of the Brooklyn Center City Charter requires the City Council to finalize this appointment by a majority vote of the Council before the appointment becomes official; and WHEREAS, there are certain conditions of employment outlined in a letter to Mr. Hampton from consultant James Brimeyer dated September 9, 1992, to which Mr. Hampton has agreed; and WHEREAS, the starting salary for Mr. Hampton as recommended by the City Manager is $65,000, which is in the merit range of the City's 1992 Pay Plan and requires City Council approval. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that: 1. City Manager Gerald Splinter's appointment of Mr. Trevor Hampton as Chief of Police is hereby finalized effective September 28, 1992. 2. The conditions of appointment outlined in the September 9, 1992, letter to Mr. Hampton from James Brimeyer are hereby approved. 3. Schedule B -2 of the 1992 Pay Plan is hereby amended to set the Chief of Police maximum annual salary at $65,000. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 'T'he Brimeyer Croup Inc. EXECUTIVE SEARCH CONSULTANTS One Tenth Ave. South Hopkins, MN 55343 September 9, 1992 Mr. Trevor Hampton 3505 Trail 23 Durham, North Carolina 27707 Dear Trevor: 11is letter will serve to confirm our conversation of this past week regarding your acceptance of the position of Chief of Police for Brooklyn Center, Minnesota. The City Manager will formally make his recommendation of your appointment to the City Council on Monday night, September 14, 1992. The City Manager has discussed this issue with all members of the Council and they are in agreement with the appointment of you to the position of Chief of Police. Start Date: You will begin work in the City of Brooklyn Center on Monday, September 28, 1992. Salary: You will have a starting salary of $65,000 annually. You will receive a performance review after six months of employment, after twelve months of employment and annually thereafter. After the first year, it is anticipated there will be a salary adjustment, subject to a satisfactory performance review. If the City deems it appropriate, you may receive an increase in salary prior to that time but this will be at the City's discretion. Insurance: You will participate in the City's life insurance program in the amount of $10,000. You may participate in one of several of the City's many medical plans. The City will contribute $280 per month toward coverage for your medical plan and dental plan. The medical plans are in the range of $360 to $400 per month and the dental plan is $52 per month. It is understood there is a waiting period prior to your being eligible to participate in the medical plan. You are therefore eligible to participate as of November 1, 1992. (612) 945.0246 • fax (612) 933 -1153 �0'd b6b�69� 0i Ql - 0S,H ;17�1 Wpd-� Or:OT `66T- TT -d3S 9gTT 99k; 7Ta I _ I J `x9.34 4 P.l It is further understood that it will be necessary for you to maintain coverage for your family from the end of September through November 1, 1992. The City has agreed to reimburse you for the one month premium to provide this coverage for your family. It is anticipated this reimbursement will be in the range of $500. Holidays, Vacation, Sick Leave: You will receive 12 holidays per year in accordance with City policy. You will accumulate vacation at the rate of 120 hours annually up to the maximum allowed by the City, which is 160 hours. Upon employment you will receive a 240 hour bank of sick leave. Thereafter, you will accumulate sick leave at the rate of eight hours per month until you have accumulated enough sick leave to maintain the 240 hour sick leave bank. You will be allowed to accumulate sick leave in accordance with City policy and up to the maximum allowed by the City policy. Professional Development, Memberships, Conferences, and Subscriptions: The City will pay your membership in the International Association of Chiefs of Police, the Minnesota Chiefs of Police Association, and other local law enforcement agencies. In addition, you are eligible to attend the National Conference of the Chiefs of Police Association and other such conferences and seminars (such as the Southern Police Institute) as deemed appropriate by you and the City Manager and within the budget guidelines of the City of Brooklyn Center. Acknowledging your desire to pursue an advanced degree, the 18 month waiting period is waived to participate in the City's educational reimbursement program at a rate of 75% reimbursement. You are eligible to participate in that program upon day of employment provided you are pursuing courses that are in line with your professional law enforcement career and in accordance with the City's educational reimbursement policy. -3- Relomflon Coats: Suet your family belon&a have been mod as the result of recent moves, it is expected your relocation casts to Brooklyn Center, Minnesotl for movar►ent of your household goods will not exceed $2, 1a addition to these costs, the Chy wiA wain on reimburse you for your airfhre to report to your n M the Brooklyn Center Polica Deputment. The City provide you lodging for your fast 30 days of employment at the Earle Brown CWW or, if not available, in a hotel It a cost not to accent $1,200. In addition, the City will reimburse you up m a maximum of $1,000 to allow your spouse and othtr family mombers to travel to look at housing in the Brooklyn Center Elea. Transportation: You will be providtd a City vehicle for police btisiaess ud rtlated City work,. This is tvaiiable to you on a 24 hour per day basis providtd you resi in the Brooklyn Canter area. The vehicle will be equipped with a communication device which will allow yvu to be in oo:utant touch with the Police Department and a cellular car phone. You will be prov ided a digital payer. F.O.S.'T. Ctrtifitatlon: It is understDod you will became P.O.S.T. Certifled. within six months of the date of your eutploymtnt which certifies you to be a Police Officer within the State of Minnasata, Onto again, congratulations on your apgoinuaent as Cbltf Of P011ce at Brookl � confident you will maize a valuable co=lbution to the Ci Police Depsrtm yn and to the overall organization of the City. we are pleased to bave yOu in Minnt$Ota. Very truly yours, I=ts Brlmeyer Pmldtm Trevor Hat t JB:pw r.- rnT01 P, na CITY OF BROOKLYN CENTER Council Meeting Date 9/14/92 Agenda Itcm Number /D REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: AN ORDINANCE AMENDING ORDINANCE N0.91 -16 REGARDING COUNCIL SALARIES DEPT. APPROVAL: Geral R. Barone, Personnel Coordinator MANAGER'S REVIEW/RECOMAMNDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) • At its August 24, 1992, meeting, the city council approved for a first reading An Ordinance Amending Ordinance No. 91 -16 Regarding Council Salaries. The ordinance before the council on Monday night reflects an increase of $150 over existing salaries in 1993, and an additional $150 increase in 1994. The amounts for each position are as follows: COUNCIL MEMBERS MAYOR 1992 $5,000 /yr; $416.67 /month $7,000 /yr; $583.33 /month 1993 $5,150 /yr; $429.17 /month $7,150 /yr; $595.84 /month 1994 $5,300 /yr; $441.67 /month $7,300 /yr; $608.34 /month RECOMMENDED CITY COUNCIL ACTION Consider for a second reading An Ordinance Amending Ordinance 91 -16 Regarding Council Salaries. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1992, at p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending Ordinance No. 91 -16 Regarding Council Salaries. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 91 -16 REGARDING COUNCIL SALARIES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. City of Brooklyn Center Ordinance No. 91- 16, which amended the amount of the monthly salaries to be paid to the mayor and council members to become effective January 1, 1993, is hereby amended. Section 2. Effective January 1, 1993, the monthly salary for Council members shall be $429.17 and the monthly salary for Mayor shall be $595.84. Section 3. Effective January 1, 1994, and thereafter until legally amended, the monthly salary for Council members shall be $441.67 and the monthly salary for Mayor shall be $608.34. Section 4. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of , 1992. Todd Paulson, Mayor ATTEST: Deputy Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 9th day of _ September , 1991, at 7:15 p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance fixing council salaries. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. 91 -16 AN ORDINANCE FIXING COUNCIL SALARIES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Effective January 1, 1993, and thereafter until legally amended the monthly salary for Council members shall be $625.00 and the monthly salary for Mayor shall be $958.33. Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this 9th day of September 19 91 Todd Paulson, Mayor ATTEST: t 0.�CL� r� (�l� P Deputy Clerk Date of Publication August 21, 1991 Effective Date September 20, 1991 (Brackets indicate matter to be deleted, underline indicates new matter.) CITY OF BROOKLYN CENTER council Meeting Date September ia. 1992 Agenda Item Number /7 h REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: AN ORDINANCE AMENDING SECTION 27 -120 OF THE BROOKLYN CENTER CODE OF ORDINANCES, PROHIBITING PARKING ON CITY STREETS BETWEEN THE HOURS OF 2 A.M. AND 6 A.M. DEPT. APPROV Ja s indsay, Chief of Police MANAGE 'S VIEW/RECONEVIE A ON:a 9 No comments to supplement this report Comments below /attached ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** • SUNEVIARY EXPLANATION: (supplemental sheets attached yes ) As a part of the budgetary process to develop the 1993 budget for the police department, a department strategies committee was created. The committee looked at ways to cut costs, raise funds and also improve efficiency. The suggestion was made to amend the city's parking ordinance to prohibit parking on city streets between the hours of 2 a.m. and 6 a.m. This change is consistent with the current ordinances in adjoining communities. The current ordinance states that a vehicle cannot be parking for longer than four hours during the night hours. This requires the officer to first chalk the vehicle and then return to see if the vehicle is still there and then write the citation. Often, if the officer is tied up he is unable to return and tag the vehicle. Under the proposed change, the officer could immediately cite the vehicle if it is parked during the restricted hours. The committee also believed the change would benefit the city's street department during the winter months as they usually begin plowing between those times and there should be no cars in the street and if they are we could have them removed. Under the current ordinance, individuals can park on the street for less than four hours and they could be in the way of the city plows. RECOMMENDED CITY COUNCIL ACTION The City Council approve the attached ordinance for a first reading. • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1991 at p.m. at the City Hall, 6301 Shingle Creek Parkway to consider an amendment to Chapter 11 regarding Charitable Gambling Regulations in On -Sale Liquor establishments. 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 SECTION 27 -120 OF THE BROOKLYN CENTER CODE OF ORDINANCES, PROHIBITING PARKING ON CITY STREETS BETWEEN THE HOURS OF 2 A.M. AND 6 A.M. THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 27 -120 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 27 -120. PARKING RESTRICTED AND PROHIBITED. 1. No person in charge of any vehicle shall park or permit such vehicle to stand upon the roadway of any highway or street in the City of Brooklyn Center [for more than four consecutive hours] between the hours of [ 12 midnight] 2 a.m. and [ 8 ] 6 a.m., nor for more than six consecutive hours at any other time. No person in charge of any vehicle shall park or permit such vehicle to stand upon any alley in the City of Brooklyn Center at any time. 2. No person in charge of any vehicle shall park or permit such vehicle to stand upon any street, highway, parking lot or other area within the City of Brooklyn Center in violation of posted traffic control devices. 3. No person in charge of any vehicle shall park or permit such vehicles or any part thereof, to stand upon a public sidewalk or upon the nonroadway area of any public street right of way. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 1992. Todd Paulson, Mayor ATTEST: Deputy Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) CITY OF BROOKLYN CENTER Council Meeting Date 9/14/92 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION APPROVING CHAPTER NO. 511 (H.F. NO. 2940), ARTICLE 8, SECTION 30, BROOKLYN CENTER; LOCAL LIQUOR AND RESTAURANT TAX AND RESOLUTION CALLING SPECIAL ELECTION TO AUTHORIZE THE CITY COUNCIL TO LEVY A ONE PERCENT TAX ON GROSS RECEIPTS FROM THE SALE OF LIQUOR AND FROM THE SALE OF FOOD AT RESTAURANTS TO FUND APPROVED HOUSING PROJECTS IN THE CITY AND FIXING FORM OF BALLOTS, NOVEMBER 3, 1992 ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: j La� Sharon Knutson, Deputy City Clerk MANAGER'S REVIEW/RECOMIVIENDATION: AA 4, • No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) On August 13, 1992, I received a notice from the Office of the Secretary of State regarding special laws enacted in the 1991 and 1992 sessions. Chapter 511 (H.F. No. 2940), Article 8, Section 30, Brooklyn Center; Local Liquor and Restaurant Tax, requires City Council approval in order to become law. The first resolution approves the chapter; and, if approved, the second resolution calls for a special election to be held concurrently with the November 3, 1992, general election. Chapter 511 (H.F. 2940), Article 8, Section 30, Subdivision 3 requires the referendum to be held at a general election before December 1, 1992. RECOMMENDED WORDING FOR THE BALLOT QUESTION SHALL THE BROOKLYN CENTER CITY COUNCIL BE AUTHORIZED TO LEVY A TAX OF ONE PERCENT ON GROSS RECEIPTS FROM THE SALE OF LIQUOR AND FROM THE SALE OF FOOD AT RESTAURANTS TO FUND APPROVED HOUSING PROJECTS IN THE CITY? YES NO i RECOMMENDED CITY COUNCIL ACTION Pass a Resolution Approving Chapter No. 511 (H.F. No. 2940), Article 8, Section 30, Brooklyn Center; Local Liquor and Restaurant Tax AND a Resolution Calling Special Election to Authorize the City Council to Levy a One Percent Tax on Gross Receipts from the Sale of Liquor and from the Sale of Food at Restaurants to Fund Approved Housing Projects in the City Of e TO: BROOKLYN CENTER CITY COUNCIL 6 R O O K L Y N C E N T E R RE: 1% tax referendum CHAMBER OF C o M M E R c E DATE: September 14, 1992 The Brooklyn Center Chamber of Commerce recognizes the need to foster neighborhood preservation in order to maintain a healthy business climate, as well as a strong and viable housing market for its residents. The Brooklyn Center Chamber of Commerce supports the rehabilitation and /or the redevelopment of sub - standard single family and multi - family properties within the City. The Brooklyn Center Chamber of Commerce supports the City's efforts to find alternative and creative sources to generate the revenue needed to fund community programs. However, the Brooklyn Center Chamber of Commerce opposes a referendum which seeks additional taxation as the primary solution. The Brooklyn Center Chamber of Commerce opposes a tax referendum which would tax only the gross receipts of on -sale food and liquor. The Brooklyn Center Chamber of Commerce opposes a tax referendum that targets a non - representative class of businesses and only those consumers within this specific industry for the economic benefit of the entire community. The Brooklyn Center Chamber of Commerce opposes a tax referendum that will adversely affect the competitiveness of the City's hospitality industry, especially convention, banquet, and larger group bookings. The Brooklyn Center Chamber of Commerce opposes a tax referendum for which the use of revenues is strictly legislated to only provide for low- income housing projects. (see MN statute Sec. 469.002, Sub div. 13, definition "Housing projects ".) THEREFORE, the Brooklyn Center Chamber of Commerce does riot support the proposed 1% tax referendum as presented. _..........,......:.:::. 6205 1 ARLS BROWN DRIVE SUITE 110 BROOKLYN (ENTER, MN 55430 (6 12) 566 8650 Member introduced the resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING CHAPTER NO. 511 (H.F. NO. 2940), ARTICLE 8, SECTION 30, BROOKLYN CENTER; LOCAL LIQUOR AND RESTAURANT TAX WHEREAS, Chapter No. 511 (H.F. No. 2940), Article 8, Section 30, Subdivision 1 proposes that the City of Brooklyn Center may by ordinance impose a tax of one percent on the gross receipts on (1) retail on -sales of intoxicating liquor and fermented malt beverages when sold at licensed on -sale liquor establishments and municipal liquor stores within the city, and (2) all sales of food primarily for consumption on or off the premises by restaurants and places of refreshment within the city; and WHEREAS the revenues received from taxes must be used by the City to pay the cost of collecting the tax and to fund approved housing projects; and WHEREAS, a referendum on the liquor and restaurant tax shall be conducted and the question of imposing the tax shall be submitted to the voters at the November 3, 1992, general election; and WHEREAS, Chapter No.511 (H.F. No. 2940), Article 8, Section 30 shall become effective upon compliance by the governing body of the City of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Chapter No. 511 (H.F. No. 2940), Article 8, Section 30, is hereby approved and the question of imposing the tax shall be submitted to the voters at the November 3, 1992, general election. 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 introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CALLING SPECIAL ELECTION TO AUTHORIZE THE CITY COUNCIL TO LEVY A ONE PERCENT TAX ON GROSS RECEIPTS FROM THE SALE OF LIQUOR AND FROM THE SALE OF FOOD AT RESTAURANTS TO FUND APPROVED HOUSING PROJECTS IN THE CITY AND FIXING FORM OF BALLOTS NOVEMBER 3 1992 WHEREAS, City of Brooklyn Center Resolution No. approves Chapter No. 511 (H.F. No. 2940), Article 8, Section 30, Brooklyn Center; Local Liquor and Restaurant Tax; and WHEREAS, Chapter No. 511 (H.F. No. 2940), Article 8, Section 30 Subdivision 3 requires the City Council to conduct a referendum on the issue of levying a tax of one percent on gross receipts from the sale of liquor and from the sale of food at restaurants to fund approved housing projects in the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center: 1. That the question whether to authorize the City Council to levy a tax of one percent on gross receipts from the sale of liquor and from the sale of food at restaurants to fund housing projects in the City shall be submitted to the voters of the City at a special election which is hereby called to be held at the regular polling places in the City on the 3rd day of November, 1992, concurrently with the general City election to be held on said date. 2. The Clerk is authorized and directed to cause notice of the time and places of holding such election and of the issue to be submitted to the voters by publishing a notice thereof once each week in the official newspaper of the City for two (2) successive weeks prior to said election. 3. The Clerk is authorized and directed to cause suitable ballots to be prepared for said election which shall be in substantially the following form: SHALL THE BROOKLYN CENTER CITY COUNCIL BE AUTHORIZED TO LEVY A TAX OF ONE PERCENT ON GROSS RECEIPTS FROM THE SALE OF LIQUOR AND FROM THE SALE OF FOOD AT RESTAURANTS TO FUND APPROVED HOUSING PROJECTS IN THE CITY? YES NO 00 RESOLUTION NO. 4. Such election shall be held and conducted and the returns thereof made and canvassed in the manner prescribed by law for such an election in the City. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. SINGLE FAMILY AND MULTI - FAMILY REDEVELOPMENT Brooklyn Center has initially identified approximately eighty (80) homes within the City that should be acquired and demolished. In most cases, the cost of restoring these homes to an acceptable standard will not produce a corresponding increase in P e the value of the property. Man P g Y have outlived their useful economic life. There are over 11,700 housing units in the City of Brooklyn Center. Of these, 49% have been built between 1940 and 1959. Another 31% were built during the 1960s, and 17.6% during the 1970s. It is estimated that approximately 400 single family homes in Brooklyn Center are in need of substantial rehabilitation. 80% of Brooklyn Center's houses were built prior to 1970, compared with neighboring communities such as Brooklyn Park, where 50% of the h • homes have been built since 1970, and Maple Grove, where 85% of the homes have been built since 1970. The • e C ty, through the Brooklyn Center Economic Development Authority Y P Y (EDA), has a "Scattered Site Acquisition Program" designed to acquire substandard homes, demolish the structures and market the lots for single family redevelopment. It is difficult to arrive at average costs for this program, since each acquisition is different, however, using cost estimates based on past experience, the following breakdown shows an estimated cost for the acquisition and demolition of 80 single family homes: Acquisition cost of 80 single family properties $3 Appraisal costs 38 Demolition costs 480 Legal and closing costs (including title transfer and prorated taxes) 240 Administrative costs 80, 000.00 TOTAL: $494389000.00 These costs assume that all the properties are acquired on a voluntary 2 1 basis without the need for relocation benefits. If relocation benefits are included as a factor, the cost per acquisition could increase as much as $25,000.00 per unit. Assuming only 1/4 of the 80 homes require relocation benefits to be included in the acquisition, this would mean another $500,000.00 would be added to the cost for acquisition. SCATTERED SITE ACQUISITION RECAP Acquisition cost of 80 single family homes $4 Relocation cost for 20 homes 500 Total: $4 Less revenue for sale of lots at $20,000.00 per lot 160,000.00 Net Cost for acquisition and demolition of 80 single family properties $4 With current funding levels, the Brooklyn Center EDA can fund approximately 3 to 4 single family acquisitions per year. 3 MULTI - FAMILY REDEVELOPMENT Most of the City's multi - family rental units were built prior to 1969, and many require rehabilitation. Additionally, there is currently an oversupply of multi - family units and in some buildings vacancy rates are as high as 20 -30 %. The condition and obsolete design of some multi - family buildings may suggest a need for removal and redevelopment of some buildings. The following page provides cost estimates on the acquisition and removal of multi - family buildings. It is provided as an example of the types of costs associated with multi - family redevelopment. 4 ESTIMATED COSTS OF ACQUISITION, RELOCATION AND DEMOLITION COSTS FOR HUMBOLDT AVENUE PROPERTIES Parcel Number No. and Type Acquisition Relocation Demolition (see attached map) of Buildings Costs Costs Costs 1 (1) 4 Unit Apartment Building $ 90,000.00 $ 27,000.00 $ 18,000.00 2 (4) 4 Unit Apartment Buildings 400,000.00 108,000.00 72,000.00 3 (5) 2 Unit Townhomes (Rental) 542,700.00 67,500.00 60,000.00 4 (2) 9 Unit Apartment Buildings 410,400.00 121,500.00 72,000.00 5 (2) 4 Unit Townhomes (Owner 0 Occupied) 432,200.00 200,000.00 36,000.00 6 (3) 12 Unit Apartment Buildings 720,000.00 243,000.00 54,000.00 TOTALS: 92 Units $2,595,300.00 $767,000.00 $312,000.00 Total Acquisition, Relocation and Demolition Cost: $3,674,300.00 Additional Administrative and Legal Costs Legal Costs for Acquisition: $ 36,000.00 Relocation Services: $ 96,000.00 Total: $132,000.00* *This figure does not represent any City staff time that would be spent on the project. TOTAL ACQUISITION, RELOCATION, DEMOLITION, LEGAL AND RELOCATION SERVICES: $3,806,300.00 TOTAL AVERAGE PER UNIT COST IS $41,372.00 PER UNIT t CURRENT REVENUE SOURCES FOR EDA /HRA PROGRAMS Revenue Source 1993 Estimate HRA Levy $130 EDA Levy $175 Community Development Block Grant Funds (CDBG) $215 Total $520 *Use of CDBG funds is split between several programs including: 1. Home Rehabilitation Program - Approximately 12 to 14 projects per year are funded at a maximum $10,000.00 per project. 2. Scatttered Site Acquisition. Approximately $75,000.00 annually is dedicated to this program to acquire substandard single family properties. 3 Household and Outside Maintenance for the Elderly (H.O.M.E) Program. Approximately $12,000.00 annually is spent on this program. 5 �a o . September 10, 1992 TO: Sy Knapp) 3 FROM: Diane Spector SUBJ: Additional Information For Consideration Concerning Special Assessment Procedures The following information about special assessment procedures may be helpful: the process should an assessment be contested or appealed; the process for deferral of special assessments by senior citizens and persons retired due to total and permanent disability; and assessment payment options. Objections and Appeals Chapter 429 of the Minnesota Statutes sets forth special assessment procedures and regulations. Statutes require a hearing at which time property owners may object to or contest their own assessment. The Council must consider both written or verbal objections at the hearing. If a property owner wishes to appeal the levy of a special assessment to district court, he or she must file a signed, written objection to the assessment either before or at the hearing. Objections The Council may wish to consider some objections at the hearing. However, in some cases the Council may wish to defer consideration of any substantive objections until a future meeting by continuing the public hearing as to that assessment. Substantive objections include those which would require further information and investigation, and any contested assessments. Appeals An owner may appeal an assessment to district court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the mayor or the clerk of the city within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the mayor or clerk. Deferral for Senior Citizens and Disabled Persons - Minnesota Statutes sections 435.193 through 435.195 authorize municipalities to offer deferrals of special assessments certified to properties owned by qualifying senior citizens and persons retired due to total and permanent disability. No other types of deferrals, such as on the basis of income, are authorized. Page 2 City policy allows qualified senior citizens and disabled persons to defer some or al of a special assessment. As amended in 1990, the following requirements apply: 1. The property must be homesteaded. 2. The property owner or spouse must be of at least 65 years of age or retired due to permanent and total disability. 3. Household income may not exceed $21,650. The policy states that the maximum annual payment that qualifying property owners would be required to make would be 1.5 percent of household income. In other words, if the household income was $10,000, the maximum annual payment on all special assessments would be $150. Special assessments levied for failure to pay, such as for delinquent public utility charges, or for non - compliance with City ordinances, such as for weed destruction, may not be considered for deferment. Interested persons may apply by contacting the city Engineering office. They will be asked to fill out two forms, one a City application and one a Hennepin County application, and to provide proof of income such as the previous year's income tax form. Staff will then calculate the maximum annual payment, determine the sum of annual payments on all outstanding special assessments on the property, and will calculate the amount of the deferral. The deferred portion of the assessment is certified to Hennepin County as a separate levy. The principle accrues interest until the deferred levy is paid, usually as a result of sale of the property. Payment Options Available to Property Owners Once an assessment roll is adopted by the Council, the owner of each property has the following payment options: 1. Pay the entire amount of the special assessment, without interest, if payment is made within 30 days of the date of adoption by the Council. 2. Pay the entire amount plus interest from the date of adoption by the Council until December 31, if payment is made between the 30th day following adoption and December 31. 3. Payment on an installment basis, with the owner's annual property tax payments, including interest charges accrued to December 31 for each year in which payment is made. The term of the installments varies, to reflect the anticipated life of the improvement. (Example: weed removal assessments are levied on a single- installment basis, whereas street improvements are levied on a 10 or 20 year basis.) The term of the levy is shown in the "Levy Information" section of each of the proposed assessment rolls. CITY OF BROOKLYN CENTER Council Meeting Date 09/14/92 • Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: PUBLIC HEARING REGARDING SPECIAL ASSESSMENTS FOR DISEASED SHADE TREE REMOVAL COSTS DEPT. APPROVAL: Sy Knapp(, nap Directo of Public Works MANAGER'S REVIEW/RECOMMIENDATION: No comments to supplement this report Comments below /attar ed SU VEVIARY EXPLANATION: (supplemental sheets attached YES i On July 27, 1992 the City Council adopted resolution 92 -175 providing for a public hearing regarding proposed assessments for tree removal costs. The purpose of this resolution is to certify these assessments to the Hennepin County Tax Rolls. All special assessments are for tree removal costs of trees declared a public nuisance in past City Council resolutions, and the trees have been removed by the City's tree contractor in accordance with the established policy. The special assessments recommended are to property owners who (1) have signed Tree Removal Agreements and requested that the costs be assessed to their taxes; (2) have been invoiced for but have failed to pay removal costs as agreed to in the before - mentioned agreements; or (3) have not responded to the City's order and have had trees removed in accordance with the procedure established when a property owner fails to respond to official notices (i.e. the public nuisance procedure). All property owners have been duly notified by certified mail of this special assessment hearing. RECOMMENDED CITY COUNCIL ACTION Following the public hearing, the City Council should consider adoption of the attached resolution, which would certify the proposed special assessments for collection on the Hennepin County tax rolls. CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT ROLL August 7, 1992 PROJECT INFORMATION LEVY INFORMATION Improvement Project No.: 1991 -06 Levy No.: 12531 Description: Cost of diseased tree removal to Fund /Code No.: 9017 -1370 those tracts or parcels where trees were removed in 1991, by written Levy Description: TREE REMOVAL 92 -3 agreement with the property owner or by order of the City Tree Inspector, at a total cost of less than $300 Levy runs three (3) years at an interest rate of ten Location: Various City Locations (10) percent. First payment, with property taxes payable in 1993 Improvement Hearing Date: N/A shall include fifteen (15) whole months' interest. Improvement Ordered On: May 13, 1991 Date of Assessment Hearing: September 14, 1992 By Resolution No.: 91 -135 Adopted On: Assessment District: N/A By Resolution No.: Method of Apportionment: Direct cost , interest and administrative costs Corrections, Deletions, Or Deferments: Cost Summary From N/A Resolution No: TOTAL IMPROVEMENT COST: N/A Less Direct City Share: Less Other Payments: CITY OF BRLYN CENTER SPECIAL ASSESSMENT CERTIFICATION ROLL MUNICIPAL CODE NO. 22 TREE REMOVAL 92 -3 PROPERTY ASSESSED OWNER ADDITIONAL NOTIFICATION LEVY PROPERTY ADDN. Address Name Name NO. IDENTIFICATION NO. NO. AMOUNT Legal Description Mailing Address Mailing Address 12531 02 -118 -21-42 -0062 90001 $285.00 5500 Oliver Ave N BREDESON MARLENE A Block 1, Lot 7 5500 Oliver Ave N RYDENS' SECOND ADDITION Brooklyn Center, MN 55430 12531 03- 118 -21 -11 -0089 89440 $101.65 5930 Abbott Ave N JOHNSON RUDOLPH L Block 7, Lot 15 5930 Abbott Ave N HIPP'S 3RD ADDITION Brooklyn Center, MN 55429 12531 03- 118 -21 -24 -0043 89665 $285.00 3813 France Place STANO DOUGLAS & KELLY Block 2, Lot 3, PEARSON'S 3813 France PI NORTHPORT 1 ST ADDITION Brooklyn Center, MN 55429 12531 10- 118 -21 -21 -0035 90080 $235.00 5261 E. Twin Lake Blvd. WHITE NEIL & TONNIA Block 4, Lot 1 5261 E. Twin Lake Blvd. TWIN LAKE WOODS Brooklyn Center, MN 65429 12531 28- 119 -21-43 -0003 89606 $240.00 6925 Regent Ave N JONES JOHN Block 2, Lot 1 MILLER'S 6925 Regent Ave N WILLOW LANE 2ND ADDITION Brooklyn Center, MN 55429 12531 33- 119 -21 -11 -0056 89570 $285.00 6727 Perry Ave N SCHLICK DEBRA L Block 4, Lot 4 Rte 3 Box 287B MARSTAN PLACE Pine City, MN 55063 12531 33- 119 -21 -12 -0033 89348 $286,00 5406 67th Ave N ODEEN JAMES & SANDRA Block 4, Lot 9 DONNAY'S 5406 67th Ave N BROOKLYN GARDENS 5TH Brooklyn Center, MN 66429 12531 33- 119 -21 -12 -0092 89630 $240.00 6825 Regent Ave N LOHR TIMOTHY & MELANIE Block 2, Lot 4 6825 Regent Ave N NORDSTROM'S TERRACE Brooklyn Center, MN 56429 12531 34- 119 -21 -11 -0080 89356 $240.00 3219 68th Ave N HALL PATRICIA A Block 3, Lot 9 ELSEN'S CITY 3219 68th Ave N VIEW 2ND ADDITION Brooklyn Center, MN 55429 12531 34- 119 -21 -31 -0098 89635 $240.00 6312 Indiana Ave N HIGGINS SHERRY L LARSON CHERYEL L Block 10, Lot 20 6312 Indiana Ave 6312 Indiana Ave NORTHGATE Brooklyn Center, MN 55429 Brooklyn Center, MN 55429 s s s CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT ROLL August 7, 1992 PROJECT INFORMATION LEVY INFORMATION Improvement Project No.: 1991 -06 Levy No.: 12532 Description: Cost of diseased tree removal to Fund /Code No.: 9017 -1370 those tracts or parcels where trees were removed in 1991, by written Levy Description: TREE REMOVAL 92 -5 agreement with the property owner or by order of the City Tree Inspector, at a total cost of greater than $300 Levy runs five (6) years at an interest rate of ten Location: Various City Locations (10) percent. First payment, with property taxes payable in 1993 Improvement Hearing Date: N/A shall include fifteen (15) whole months' interest. Improvement Ordered On: May 13, 1991 Date of Assessment Hearing: September 14, 1992 By Resolution No.: 91 -135 Adopted On: Assessment District: N/A By Resolution No.: Method of Apportionment: Direct cost , interest and administrative costs Corrections, Deletions, Or Deferments: Cost Summary From N/A Resolution No: TOTAL IMPROVEMENT COST: N/A Less Direct City Share: Less Other Payments: r CITY OF BROOKLYOTER SPECIAL ASSESSMENT CERTIFICATION ROLL TREE REMOVAL 92 -5 MUNICIPAL CODE NO. 22 PROPERTY ASSESSED OWNER ADDL NOTIFICATION LEVY PROPERTY ADDN. Address Name Name NO. IDENTIFICATION NO. NO. AMOUNT Legal Description Mailing Address Mailing Address 12532 01- 118 -21 -21 -0002 89295 $360.00 5959 CAMDEN AVE N BENSON, CATHERINE G Block 2 Lot 1 5959 Camden Ave N "CAMDEN ACRES" Brooklyn Center, MN 55430 12532 01- 118 -21 -21 -0011 89335 $570.00 6037 COLFAX AVE N GIFFORD, ROGER & CECILIA Block 1 Lot 2 DAHIN- 6037 Colfax Ave N DEN'S 2ND ADDITION Brooklyn Center, MN 55430 12532 01- 118 -21 -23 -0011 89255 $420.00 5715 FREMONT AVE N PIETRZAK , THOMAS F Block 2 Lot 1 BOBEN- 5715 Fremont Ave N DRIER'S ADDITION Brooklyn Center, MN 55430 12532 01- 118 -21 -24 -0066 89405 $570.00 816 - 57TH AVE N RODERICK , GEORGE & KATHRYNE Lot 26 GOULD'S 816 - 57th Ave N RIVERVIEW ADDITION Brooklyn Center, MN 55430 12532 02- 118 -21 -42 -0027 89376 $420.00 5525 MORGAN AVE N CUSTER , CORY & JODY Block 2 Lot 5 FRANZEN'S 5525 Morgan Ave N 2ND ADDITION Brooklyn Center, MN 55430 12532 03- 118 -21 -13 -0057 89665 $550.00 5701 BROOKLYN BLVD BRADLEY, EDWARD & RENEE Block 6 Lot 2 PEARSON'S 5701 Brooklyn Boulevard NORTHPORT 1 ST ADDN Brooklyn Center, MN 55429 i 12532 03- 118 -21 -24 -0103 89667 $360.00 5807 HALIFAX AVE N YURECKO, WAYNE & BARBARA Block 8 Lot 11 PEARSON'S 5807 Halifax Ave N NORTHPORT 3RD ADDN Brooklyn Center, MN 55429 12532 10- 118 -21 -32 -0035 89495 $420.00 4735 LAKEVIEW AVE WEISS, SUSAN & DAVID Block 3 Lot 5 LAKEBREEZE 4735 Lakeview Ave ADDITION Brooklyn Center, MN 55429 12532 10- 118 -21 -41 -0014 89275 $305.00 3229 - 49TH AVE N RANCOUR, RONALD &LINDA Block 4 Lot 13 BROOKLYN 3229 - 49th Ave N MANOR Brooklyn Center, MN 55429 CITY OF BROOKLYONTER SPECIAL ASSESSMENT CERTIFICATION ROLL TREE REMOVAL 92 -5 MUNICIPAL CODE NO. 22 PROPERTY ASSESSED OWNER ADDL NOTIFICATION LEVY PROPERTY ADDN. Address Name Name NO. IDENTIFICATION NO. NO. AMOUNT Legal Description Mailing Address Mailing Address 12532 25- 119 -21 -33 -0048 89642 $1,150.00 1308 - 69TH AVE N CHAZIN NORMAN Block 1 Lot 4 NORTH- 5353 WAYZATA BLVD SUITE 602 BROOK TERRACE MINNEAPOLIS, MN 55416 12532 27- 119 -21 -31 -0039 89256 $595.00 7107 GRIMES AVE N TOOLEY, LEO & CYNTHIA Block 3, Lot 7 BOBEN- 7107 Grimes Ave N DRIER'S 2ND ADDITION Brooklyn Center, MN 55429 12532 27- 119 -21 -33 -0049 89500 $510.00 6932 JUNE AVE N BICE, MICHAEL R Block 1 Lot 12 LANE'S 6932 June Ave N BROOKYLN CENTER ADDN Brooklyn Center, MN 55429 12532 33- 119 -21 -12 -0023 89348 $510.00 5412 - 68TH AVE N BELLCOUR, RICHARD & THEODORA Block 3 Lot 3 DONNAY'S 5412 - 68th Ave N BROOK LYN GARDENS Brooklyn Center, MN 55429 5TH ADDN 12532 33- 119 -21-44 -0011 90086 $510.00 4921 - 63RD AVE N SEUFERT, TROY Block 1 Lot 1 WAITE'S 4921 - 63rd Ave N ADDN Brooklyn Center, MN 55429 12532 34- 119 -21 -43 -0049 90090 $570.00 6107 BROOKLYN BLVD WILLIAM J & IRENE S BARTRAM Block 6 Lot 1 WANGSTAD'S 11834 Tapestry Lane BROOKLYN TERRACE Minnetonka, MN 55343 12532 36- 119 -21 -12 -0015 89105 $416.20 6724 WILLOW LANE SCHMICKLE LYLE E Lot 6 AUDITOR'S 6724 Willow Lane SUBD. NO. 310 Brooklyn Center, MN 55430 12532 36- 119 -21 -12 -0021 89105 $570.00 420 - 67TH AVE N BIROSH, ROBERT & GARNET Lot 22 AUDITOR'S SUBD. 420 - 67th Ave N NO. 310 Brooklyn Center, MN 65430 12532 36- 119 -21 -32 -0050 89410 $420.00 6400 GIRARD AVE N BURTON, JAMES & Block 1 Lot 5 GRAND- WUENSCH, ANGELA VIEW MANOR 6400 Girard Ave N Brooklyn Center, MN 55430 $9,226.20 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DISEASED SHADE TREE REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the Tree Inspector of the City of Brooklyn Center has caused the removal of trees on certain properties within the City during 1991 under the authority of Minnesota Statutes, Section 18.023 and by written agreement with the owners of such property; and WHEREAS, two assessment rolls, a copy of each of which are attached hereto and part hereof by reference, have been prepared by the City Clerk, one tabulating those properties where tree removal costs are less than $300 and one tabulating those properties where tree removal costs are greater than $300, together with the amounts proposed to be assessed to each property; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for tree removal costs: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. Said assessment rolls of tree removal costs are hereby adopted and certified as the following levies: Tree Removal costs less than or equal to $300: Levy No. 12531 Tree Removal costs greater than $300 Levy No. 12532 2. The assessments as adopted and confirmed shall be payable in equal annual installments extending over a period of years as listed below. The first of the installments shall be payable with ad valorem taxes in 1993, and shall bear interest on the entire assessment from October 1, 1992 through December 31, 1993. To each subsequent installment when due shall be added interest for one year on all unpaid installments. a. Assessments less than or equal to $300.00 are payable in three annual installments. b. Assessments greater than $300.00 are payable in five annual installments. RESOLUTION NO. 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he or she may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the succeeding year. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. 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 09/14/92 • Agenda Item Number /a 6 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: PUBLIC HEARING REGARDING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY REPAIR ACCOUNTS ************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: Sy Knapp, idctor o Public Works MANAGER'S REVIEW/RECOMIMENDATION: No comments to supplement this report Comments below /attached SU EVIARY EXPLANATION: (supplemental sheets attached YES • On July 27, 1992 the City Council adopted resolution 92 -175 providing for a public hearing regarding proposed assessments for delinquent public utility repair accounts. The purpose of this resolution is to certify these assessments to the Hennepin County Tax Rolls. According to City ordinances, property owners are responsible for their water and sanitary sewer service lines. On occasion the Public Utility Supervisor notifies property owners of repair work which is needed, such as repairing a leaking service or replacing a curb stop. Public utility repair accounts are generated when the property owner elects not to have the work done, or fails to respond to the order, and the City either makes the repair or contracts with a private firm to effect the repair. The owner is then billed for the cost of this repair. These property owners have been notified of the delinquent status of their public utility repair account, in accordance with City ordinances. All property owners have been duly notified by certified mail of this special assessment hearing. RECOMMENDED CITY COUNCIL ACTION Following the public hearing, the City Council should consider adoption of the attached resolution, which would certify the proposed special assessments for collection in the Hennepin County tax rolls. • CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT ROLL August 7, 1992 PROJECT INFORMATION LEVY INFORMATION Improvement Project No.: N/A Levy No.: 12449 Description: City's cost of water service or Fund /Code No.: 9066 -1370 other utility repairs which are the property owners' responsibilty but Levy Description: UTILITY REPAIR 92 which the City performed Levy runs one (1) year at an interest rate of ten Location: Various City Locations (10) percent. First payment, with property taxes payable in 1993 Improvement Hearing Date: N/A shall include fifteen (15) whole months' interest. Improvement Ordered On: N/A Date of Assessment Hearing: September 14, 1992 By Resolution No.: N/A Adopted On: Assessment District: N/A By Resolution No.: Method of Apportionment: Direct cost and administrative costs Corrections, Deletions, Or Deferments: Cost Summary From N/A Resolution No: TOTAL IMPROVEMENT COST: N/A Less Direct City Share: Less Other Payments: CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT CERTIFICATION ROLL UTILITY REPAIR 92 MUNICIPAL CODE NO. 22 PROPERTY ASSESSED OWNER ADDITIONAL NOTIFICATION LEVY PROPERTY ADDN. Address Name Name NO. IDENTIFICATION NO. NO. AMOUNT Legal Description Mailing Address Mailing Address 12449 10- 118 -21 -32 -0035 89495 $120.00 4735 LAKEVIEW AVE SUSAN & DAVID WEISS Lot 5 Block 3 LAKE- 4735 Lakeview Drive BREEZE ADDITION Brooklyn Center, MN 55429 12449 35- 119 -21 -11 -0009 89739 $1,251.92 6715 HUMBOLDT AVE N NELSON S GREGG CO Tract C, RLS # 0993 ex c/o WILLIAM F SHUTTE road 1340 Buchanan Place NE Minneapolis, MN 55421 12449 35- 119 -21 -11 -0010 89739 $1,251.92 6717 HUMBOLDT AVE N WILLIAM & BONNIE SHUTTE Tract D, RLS # 0993 1340 Buchanan Place NE Minneapolis, MN 55421 I $2,623.84 gab � Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY REPAIR ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the records of the Finance Department list certain public utility repair accounts delinquent as of August 1, 1992; and WHEREAS, the owners of record of the properties benefitting from each utility repair have been notified of the delinquency according to legal requirements; and WHEREAS, Minnesota Statutes, Section 444.075 and City Ordinances, Section 4 -105 authorize certification of such delinquent accounts to the County tax rolls for collection; and WHEREAS, an assessment roll, a copy of which is attached hereto and part hereof by reference, has been prepared by the City Clerk, tabulating those properties where a delinquent public utility repair account is to be assessed with the amount, including service charges, to be assessed; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessments for delinquent public utility repair accounts. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. Said assessment roll of delinquent public utility repair accounts is hereby adopted and certified as Levy No. 12449. 2. The assessments as adopted and confirmed shall be payable with ad valorem taxes in 1993, in one annual installment with interest thereon at ten (10) percent per annum, for a period of fifteen months from October 1, 1992 through December 31, 1993. 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he or she may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the succeeding year. RESOLUTION NO. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. 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 09114/92 /� • Agenda Item Number A 92 Q / REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: PUBLIC HEARING REGARDING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS ************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: Sy K pp, D rector of Public Works MANAGER'S REVIEW/RECONEMENDATION: ' No comments to supplement this report Comments below /attach d ************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached YES l On July 27, 1992 the City Council adopted resolution 92 -175 providing for a public hearing regarding proposed assessments for delinquent public utility service accounts. The purpose of this resolution is to certify these assessments to the Hennepin County Tax Rolls. These property owners have been notified of the delinquent status of their public utility service account, in accordance with City ordinances. All property owners have been duly notified by certified mail of this special assessment hearing. RECOMMENDED CITY COUNCIL ACTION Following the public hearing, the City Council should consider adoption of the attached resolution, which would certify the proposed special assessments for collection on the Hennepin County tax rolls. i CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT ROLL August 7, 1992 PROJECT INFORMATION LEVY INFORMATION Improvement Project No.: N/A Levy No.: 12533 Description: Delinquent public utility service Fund /Code No.: 9056 -1370 charges Levy Description: DELINQUENT PUB UTIL 92 Levy runs one (1) year at an interest rate of ten Location: Various City Locations (10) percent. First payment, with property taxes payable in 1993 Improvement Hearing Date: N/A shall include fifteen (15) whole months' interest. Improvement Ordered On: N/A Date of Assessment Hearing: September 14, 1992 By Resolution No.: N/A Adopted On: Assessment District: N/A By Resolution No.: Method of Apportionment: Direct cost and administrative costs Corrections, Deletions, Or Deferments: Cost Summary From N/A Resolution No: TOTAL IMPROVEMENT COST: N/A Less Direct City Share: Less Other Payments: SPECIAL ASSESSMENT CERTIFICATION ROLL DELINQUENT PUB UTIL 92 MUNICIPAL CODE NO. 22 PROPERTY ASSESSED OWNER ADDITIONAL NOTIFICATION LEVY PROPERTY ADDN. Address Name Name NO. IDENTIFICATION NO. NO. AMOUNT Legal Description Mailing Address Mailing Address 12533 02- 118 -21 -32 -0008 00204 $1,091.26 1331 BROOKDALE Equitable Real Estate Tract B, RLS # 1469 American Express Tower World Financial Center 200 Vesui Street New York, New York 10285 12533 02- 118 -21 -32 -0010 00204 $135.43 1265 BROOKDALE Equitable Real Estate Tract D, RLS # 1469 American Express Tower World Financial Center 200 Vesui Street New York, New York 10285 12533 02- 118 -21 -32 -0012 04769 $1,872.53 1200 BROOKDALE CPS Realty Partnership Tract B, RLS # 1649 PA Bergner & Co. 331 W. Wisconsin Ave. Milwaukee, WI 53203 12533 02- 118 -21 -41 -0076 89580 $522.91 5602 LOGAN AVE N Richard Armstrong Lot 9 Block 3 MEADOW- 5602 Logan Ave N LARK GRADENS Brooklyn Center, MN 65430 12533 02- 118 -21 -44 -0133 89961 $142.28 5419 HUMBOLDT AVE N Lawrence & Patricia Mickelson Lot 2 Block 1 ROCK 5419 Humboldt Ave N WELL'S 2ND ADDITION Brooklyn Center, MN 55430 12533 27- 119 -21 -34 -0052 89661 $492.07 7031 FRANCE AVE N Scott & Carol Burnes Lot 3 Block 1 PALMER 7031 France Avenue North LAKE TERRACE 4TH Brooklyn Center, MN 55429 12533 36- 119 -21 -32 -0066 89410 $148.54 6324 HUMBOLDT AVE N Adeline Quinzon David Quinzon Lot 5 Block 3 GRAND- 6324 Humboldt Ave N 1071 Lake Susan Drive VIEW MANOR Brooklyn Center, MN 55430 Chanhasses, MN 65317 $4,405.02 1� Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the records of the Public Utilities Department list certain accounts delinquent as of August 1, 1992; and WHEREAS, the owners of record of the properties served by each delinquent account have been notified of the delinquency according to legal requirements; and WHEREAS, Minnesota Statutes, Section 444.075 and City Ordinances, Sections 4 -105 and 16 -204 authorize certification of such delinquent accounts to the County tax rolls for collection; and WHEREAS, an assessment roll, a copy of which is attached hereto and part hereof by reference, has been prepared by the City Clerk, tabulating those properties where a delinquent public utility service account is to be assessed with the amount, including interest and service charges, to be assessed; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for delinquent public utility accounts: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. Said assessment roll of delinquent public utility service accounts is hereby adopted and certified as Levy No. 12533. 2. The assessments as adopted and confirmed shall be payable with ad valorem taxes in 1993, in one annual installment with interest thereon at ten (10) percent per annum, for a period of fifteen months from October 1, 1992 through December 31, 1993. 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he or she may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the succeeding year. RESOLUTION NO. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. 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 09/14 /92 Agenda It= Numbe �. REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION DELETING ONE ASSESSMENT FROM PROPOSED LEVY #12533 ************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: Sy Knapp, irector o Public Works MANAGER'S REVIF-EW/RECOMMENDATION: /�✓ No comments to supplement this report Comments below /attached SUAEVIARY EXPLANATION: (supplemental sheets attached---- • The proposed levy roll for public utility service accounts included an assessment for the property at 5445 Lyndale Avenue North. This assessment was paid after the levy roll was established. RECOMMENDED CITY COUNCIL ACTION A resolution deleting this assessment from the proposed levy JJ12533 is provided. • la�z� Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DELETING ONE ASSESSMENT FROM PROPOSED LEVY #12533 WHEREAS, the proposed special assessment levy roll for proposed levy YJ12533 included an assessment of $142.28 on PID #01- 118 -21 -43 -0093; and WHEREAS, this assessment has been paid after the levy roll was established. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that the proposed special assessment in the amount of $142.28 on PID #01- 118 -21 -43 -0093 is hereby deleted from proposed levy #12533. 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 09/14/92 • Agenda Item Number- a REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: PUBLIC HEARING REGARDING SPECIAL ASSESSMENTS FOR WEED REMOVAL COSTS ************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: Sy Knapp, ector 6 'Public Works MANAGER'S REVIEW/RECOM MNDATION: �. No comments to supplement this report Comments below /attache SUMMARY EXPLANATION: (supplemental sheets attached YES On July 27, 1992 the City Council adopted resolution 91 -175 providing for a public hearing regarding proposed assessments for weed destruction accounts. The purpose of this resolution is to certify these assessments to the Hennepin County Tax Rolls. The property owners whose weed destruction accounts which are being certified due to nonpayment have received notice of their delinquent account in accordance with established collection policy and have not made payment. All property owners have been duly notified by certified mail of this special assessment hearing. RECOMMENDED CITY COUNCIL ACTION Following the public hearing, the City Council should consider adoption of the attached resolution, which would certify the proposed special assessments for collection on the Hennepin County tax rolls. s CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT ROLL August 7, 1992 PROJECT INFORMATION LEVY INFORMATION Improvement Project No.: N/A Levy No.: 12534 Description: Weed Removal Costs Fund /Code No.: 9001 -1370 Levy Description: WEED DESTRUCTION 92 Levy runs one (1) year at an interest rate of ten Location: Various City Locations (10) percent. First payment, with property taxes payable In 1993 Improvement Hearing Date: N/A shall include fifteen (15) whole months' interest. Improvement Ordered On: N/A Date of Assessment Hearing September 14, 1992 By Resolution No.: N/A Adopted On: Assessment District: N/A By Resolution No.: Method of Apportionment: Direct cost and administrative costs Corrections. Deletions, Or Deferments: Cost Summary From N/A Resolution No: TOTAL IMPROVEMENT COST: N/A Less Direct City Share: Less Other Payments: CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT CERTIFICATION ROLL WEED DESTRUCTION 92 MUNICIPAL CODE NO. 22 PROPERTY ASSESSED OWNER ADDITIONAL NOTIFICATION LEVY PROPERTY ADDN. Address Name Name NO. IDENTIFICATION NO. NO. AMOUNT Legal Description Mailing Address Mailing Address 12534 02- 118 -21 -21 -0016 01383 $145.00 5927 Shingle Creek Pkwy BIMB INC REG. LAND SURVEY #1543 801 NICOLLET MALL STE 1410 MINNEAPOLIS, MN 55402 12534 02- 118 -21 -31 -0029 90002 $50.00 2319 Brookview Dr MCGLYNN STEVEN C Block 2, Lot 2 2319 Brookview Dr. RYDEN'S THIRD ADDITION Brooklyn Center, MN 55430 12534 03- 118 -21 -23 -0006 89102 $50.00 5735 Major Ave N FLOMER ROBERT E Lot 20, AUDITOR'S 5735 Major Ave N SUBDIVISION NO. 216 Brooklyn Center, MN 55429 12534 28 -119 -21-41 -0210 01534 $217.50 7223 Brooklyn Blvd HANSEN DENNIS R Block 1, Lot 1 5222 Minnaqua Dr. RED LOBSTER ADDITION Minneapolis, MN 55422 12534 33- 119 -21-41 -0067 89342 $50.00 6431 Perry Ave N EVANS ALICE J Block 1, Lot 4 6431 Perry Ave N DONNAYS BROOKLYN GARDENS Brooklyn Center, MN 55429 12534 34- 119 -21 -11 -0056 89355 $75.00 3313 68TH Ave N GROMMES RICHARD J Block 4, Lot 3 5065 Johnson St NE ELSEN'S CITY VIEW Columbia Heights, MN 55421 i 12534 34- 119 -21 -13 -0009 89100 $200.00 6520 Brooklyn Blvd OWENS PHYLLIS A Lot 8, AUDITORS SUBDIVISION 6520 Brooklyn Blvd. NO. 025 Brooklyn Center, Mn 55429 12534 34- 119 -21 -31 -0100 89635 $50.00 6300 Indiana Ave N WAZWAZ ZIAD & MAGEDA Block 10, Lot 22 6300 Indiana Ave N NORTHGATE Brooklyn Center, MN 55429 12534 35- 119 -21 -11 -0015 00257 $92.50 6637 Humboldt Ave N ZAPPA DEVELOPMENT, INC REGISTERED LAND SURVEY 6241 Dallas Ct. NO. 1486 Maple Grove, MN 55369 CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT CERTIFICATION ROLL WEED DESTRUCTION 92 MUNICIPAL CODE NO. 22 PROPERTY ASSESSED OWNER ADDITIONAL NOTIFICATION LEVY PROPERTY ADDN. Address Name Name NO. IDENTIFICATION NO. NO. AMOUNT Legal Description Mailing Address Mailing Address 12534 36- 119 -21 -12 -0038 89105 $127.50 West of 507 69th Ave N EVANSON DAVID G Lot 30, AUDITOR'S SUBDIVISION 2208 73rd Ave N NO. 310 Brooklyn Park, MN 55443 12534 36- 119 -21 -13 -0110 04268 $252.50 413 66th Ave N MILES & SHIRLEY FITERMAN Block 1, Lot 2 5217 Wayzata Blvd. #212 SUPERAMERICA St. Louis Park, MN 55416 12534 36- 119 -21 -31 -0039 89462 $50.00 6430 Dupont Ave N YOUNG DENISE E Block 1, Lot 7 3105 65th Ave N HOHENSTEIN'S 3RD ADDITION Long Lake, MN 55356 12534 36- 119 -21 -32 -0089 89951 $110.00 6436 Fremont Ave N SPICER WILLIE Block 1, Lot 7 6436 Fremont Ave N REIMER'S FIRST ADDITION Brooklyn Center, MN 55430 $1,470.00 0 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR WEED REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the Weed Inspector of the City of Brooklyn Center has caused noxious weeds to be cut down on certain properties within the City under the authority of Minnesota Statutes, Section 18.271; and WHEREAS, the owners of record of such properties were notified in writing of the work done, and the costs and expenses involved, at least 30 days prior to September 14, 1992 in accordance with individual notice provisions of Subdivision 4 of Section 18.271; and WHEREAS, on August 1, 1992 there remained unpaid certain of these weed destruction accounts; and WHEREAS, assessment rolls for unpaid accounts from 1991, copies of which are attached hereto and part hereof by reference, have been prepared by the City Clerk, tabulating those properties where an unpaid weed destruction account is to be assessed with the amount to be assessed; and WHEREAS, said statute authorizes the certification of delinquent weed destruction accounts to the County tax rolls for collection; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for weed destruction costs: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. Said assessment rolls of unpaid weed destruction accounts are hereby adopted and certified as Levy No. 12534. 2. The assessments as adopted and confirmed shall be payable with ad valorem taxes in 1993, in one annual installment with interest thereon at ten (10) percent per annum, for a period of fifteen months from October 1, 1992 through December 31, 1993. 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he or she may, at any time thereafter, pay to the City Treasurer the entire amount of the RESOLUTION NO. assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the succeeding year. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. 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 09/14/92 ® Agenda Item Number /� REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: PUBLIC HEARING REGARDING SPECIAL ASSESSMENTS FOR WEST RIVER ROAD IMPROVEMENT PROJECT NO. 1988 -18 DEPT. APPROVAL: S app, irector of Public Works MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached SUNEVIARY EXPLANATION: (supplemental sheets attached Yes The Council considered and certified special assessments relating to the West River Road improvement project at its September 10, 1990 meeting. At that meeting, the owner of three parcels, Mr. Harold Swanson, objected in writing to the proposed assessments against his properties at 7230 - 7250 West River Road. At that meeting, the Council removed the proposed assessments against the three properties from the levy roll, and moved to reconsider the assessments at a future continued hearing. Mr. Swanson's objections to the proposed special assessments were: 1) he did not believe his property benefitted in at least the amount of the assessment, and 2) he believed the assessment rate was arbitrary. Regarding the first objection, staff recommended that a private appraiser be retained to conduct an independent appraisal of the benefits which have accrued to Mr. Swanson's properties. Regarding the second objection, it is the City's policy to assess multiple family (R4 and R5) and commercial properties at a rate per square foot of area. This rate is generally calculated for each project, based on project cost. In this case, Mr. Swanson's properties were the only such properties, and the special assessments were a very small proportion of the total project funding. Because it was impossible to calculate a rate in the usual manner, the rate used was that used for a project with similar improvements - the Logan /France /50th /Lakebreeze • project (Contract 1988 -H). • Following the initial hearing, staff retained a private appraiser to determine the increase in value, if any, to the property which could be attributed to the improvement project. The City Attorney requested Mr. Swanson to provide a release to the City to allow this appraiser access to information gathered by the City Assessor regarding a tax dispute between the City and Mr. Swanson. Because Mr. Swanson has not provided that release, and because the City Attorney believes this information is needed in order to complete a valid appraisal, staff recommended that the Council set a date for a continued hearing. A resolution setting the continued hearing for tonight's meeting was adopted by the City Council on July 27, 1992. The property owner has received formal notice of this continued hearing, and has responded in writing (see attached letter from Mr. Swanson dated August 28, 1992). In his 8/28/92 letter Mr. Swanson again objects to the assessment, stating that his properties have received no benefit as a result of the improvements. RECOMMENDED CITY COUNCIL ACTION Staff recommends that the Council again consider certifying the assessments, as proposed, to the tax rolls. Two options are suggested for consideration by the City Council, i.e.: Option One: If, during the public hearing, Mr. Swanson agrees to allow the private appraiser access to all information needed by the • appraiser to complete an appraisal of the benefits which have accrued to the properties as a result of the improvements, the City Council could again continue the public hearing to a specified date (we recommend October 26, 1992) with the intent that the Council then again consider the assessment based on the findings of the appraiser. Option Two: If, during the public hearing, it becomes apparent that Mr. Swanson will not provide the needed information, or if it becomes apparent that he will appeal any assessment, even if the amounts are reduced, we then recommend that the Council adopt the assessments as proposed. A resolution for this purpose is provided for consideration by the City Council. If this action is taken, and if Mr. Swanson then appeals the assessments to the courts, the City would then need to hire a private appraiser to assist in defense of the City's determination of benefits. 1 0 0 0 CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT ROLL August 7, 1992 PROJECT INFORMATION LEVY INFORMATION Improvement Project No.: 1988 -18B Levy No.: 12530 Description: Reconstruction of West River Road Fund /Code No.: 9027 -1370 Levy Description: STREET IMPR 88 -18B Levy runs twenty (20) years at an interest rate of ten Location: West River Road Between 66th (10) percent. and 73rd Avenues North First payment, with property taxes payable in 1993 Improvement Hearing Date: August 18, 1989 shall include fifteen (15) whole months' interest. Improvement Ordered On: August 18, 1989 Date of Assessment Hearing: September 14, 1992 By Resolution No.: 89 -166 Adopted On: Assessment District: 7230, 7240, 7250 West River Road By Resolution No.: Method of Apportionment: R4: $0.3562 /square foot Corrections, Deletions, Or Deferments: Cost Summary From 90-115 Resolution No: TOTAL IMPROVEMENT COST: $1,552,837.00 Less Direct City Share: $ 817,798.18 Less Other Payments: $ 655,637.00 10 CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT CERTIFICATION ROLL MUNICIPAL CODE N0. 22 WEST RIVER ROAD (88 -18B) PROPERTY ASSESSED OWNER ADDITIONAL NOTIFICATION LEVY PROPERTY ADDN. Address Name Name NO. IDENTIFICATION NO. NO. AMOUNT Legal Description Mailing Address Mailing Address 12530 25- 119 -21 -42 -0042 90057 $5,360.45 7250 WEST RIVER ROAD HAROLD SWANSON Lot 1 Block 1 SWANSON 8420 Xerxes Ave N ADDITION Brooklyn Park, MN 55444 12530 25- 119 -21 -42 -0043 90057 $9,500.21 7240 WEST RIVER ROAD HAROLD SWANSON Lot 2 Block 1 SWANSON 8420 Xerxes Ave N ADDITION Brooklyn Park, MN 55444 12530 25- 119 -21 -42 -0044 90057 $5,042.00 7230 WEST RIVER ROAD HAROLD SWANSON Lot 3 Block 1 SWANSON 8420 Xerxes Ave N ADDITION Brooklyn Park, MN 55444 $19,902.66 August 28, 1992 City Council City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Regarding the proposed assessment project 88 -ISB for PID# 25- 119 -21 -42 -0042 & 25- 119 -21 -42 -0043 & 25- 119 -21 -42 -0044: I have objected to the assessment of this project since before it was built. I can see no economic benefit from the rebuilt street, pedestrian trail etc. that was built past our apartment buildings. I have discussed this with real estate sales agents because we are considering selling the buildings and they agree with my opinion that the buildings will sell for no more because of the city utility work than if the road had remained as it was. Also the manner in which the rebuilt road was designed and built traps water in the end of the entrance drive at the West River Road. This area used to drain after rains but now has standing water until it evaporates or is splashed out by car traffic. The pedestrian trail may be a good amenity for the overall good of the city and their trail system but then should be paid for by the city. Property values for apartments is determined by the rents that the market will bear and our rent rates have decreased in the last 2 years and vacancies have still gone up. Your city assessor has decreased the values on these buildings for the tax base during 1992. I am not trying to say that the city work caused a decrease in value, but neither can I find any reason for an increase. The decrease in value is from decreased rent rates and higher vacancies along with tax law changes that makes many apartments unprofitable to own. The formula that the city used to calculate benefit to our property was to use a higher rate for apartments than other residential properties. I think that the reverse was actually true as to value in that I think that single family homes probably receive more actual benefit than apartments. I also think that if the single family home owners had challenged the benefit to them that the city would have had a difficult time showing economic value to their properties even at the lower rates assessed to them. I request _that_y_gl remove thependina assessment herein described be of lack of proof of benefit Sincerely Harol IaE % Member introduced the following resolution and moved its adoption: tion: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR WEST RIVER ROAD IMPROVEMENT PROJECT NO. 1988 -18 TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, pursuant to proper notice duly given as required by law the City Council met on September 10, 1990 and heard all objections to the proposed Special Assessments Levy No. 11799 for the following improvement: West River Road Improvement Improvement Project No. 1988 -18 then moved to reconsider the assessments against the properties owned by Harold Swanson at 7230, 7240 and 7250 West River Road at a future continued hearing; and WHEREAS, pursuant to proper notice duly given as required by law the continued hearing was conducted on September 14, 1992 at which time all objections to the proposed assessment to the properties at 7230, 7240 and 7250 West River Road as shown on Special Assessment Levy No. 12530 (renumbered portion of the continued hearing from Levy No. 11799) were heard and passed upon. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. Such proposed Special Assessment Levy No. 12530, relating to properties at 7230, 7240 and 7250 West River Road, made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefitted by the improvement in the amount of the assessment levied against it. 2. The assessment shall be payable in equal annual installments extending over a period of twenty (20) years as indicated on the assessment roll. The first of the installments shall be payable with ad valorem taxes in 1991, and shall bear interest at the rate of ten (10) percent per annum from October 1, 1992. To the first installment shall be added interest on the entire assessment from October 1, 1992 until December 31, 1993. To each subsequent installment, when due, shall be added interest for one year on all paid installments. 3. The owner of any property so assessed may at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the City RESOLUTION NO. Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the succeeding year. 4. The Deputy City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. 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 9 Z 14 92 Agenda Item Number 3 �� REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Planning Commission Application No. 92012 - Omni Tool ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPR L: Ronal A. Warren, Director of Planning and Inspection MANAGER'S REVIEW /RECOMMENDATION: V No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached x ) Planning Commission Application No. 92012 submitted by Omni Tool is a request for site and building plan approval to construct a 15,958 sq. ft. addition to the industrial building at 3500 48th Avenue North. This application was considered by the Planning Commission at its study meeting on August 17, 1992. Attached for the Council's review are minutes and information sheet from that meeting, various drawings and a map of the area. Recommendation The Planning Commission recommended approval of the application subject to the 16 conditions listed on page 3 and 4 of the August 27 Planning Commission meeting minutes. L , MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION AUGUST 27, 1992 CITY HALL CALL TO ORDER The Planning commission met in study session and was called to order by Chairperson Wallace Bernards at 7:30 p.m. ROLL CALL Chairperson Wallace Bernards, Commissioners Kristen Mann, Bertil Johnson, Mark Holmes, and Barb Kalligher. Also present were Director of Planning and Inspection Ronald Warren and Planner Gary Shallcross. Chairperson Bernards noted that Commissioner Sander had called and would be late. APPROVAL OF MINUTES - AUGUST 13, 1992 Motion by Commissioner Johnson seconded by Commissioner Kalligher to approve the minutes of the August 13, 1992 Planning Commission meeting as submitted. Voting in favor: Chairperson Bernards, Commissioners Mann, Johnson, Holmes and Kalligher. Voting against: none. The motion passed. Application No. 92012 (Omni Tool Following the Chairperson's explanation, the Secretary introduced the first item of business, a request for site and building plan approval to construct a 15,958 sq. ft. addition to the industrial building at 3500 48th Avenue North. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 92012, attached). Commissioner Johnson asked where the future storm sewer would drain. The Secretary answered that it would probably drain into Ryan Lake. Commissioner Johnson asked if there was any way to avoid that. The Secretary answered that the City may install a ponding area to settle out some of the debris for purification before the water would drain into Ryan Lake. Commissioner Johnson stated that he was concerned regarding drainage going into a lake. The Secretary stated that watershed regulations govern the rate and quality of runoff and that the City may provide some ponding improvements for purification and to control the rate of runoff before the water would enter Ryan Lake. Commissioner Sander arrived at 7:55 p.m. Chairperson Bernards asked whether the relocation of the drainage and utility easement would pose any financial burden on the Thompson property to the north, or similarly, whether the regrading to the east would affect that property. The Secretary answered 8 -27 -92 1 J that it probably would not. He stated that the owner, however, would have to bear all the expense of relocating utilities and doing any grading. Chairperson Bernards asked whether the landscape point system was applicable to this development. The Secretary answered in the affirmative. He noted that the landscape plan does comply with the point requirement of the point system. He explained the point system to the new Commissioners and noted that it was adopted by the Commission by resolution and has been used to evaluate landscape plans for a number of years. Chairperson Bernards asked whether Condition No. 16 regarding the waiver of the driveway separation requirement would require a variance. The Secretary stated that he did not feel a variance was required in this case. He stated that the truck access drive has a very limited function and that these are not two driveways serving parking lot areas. Commissioner Kalligher noted that the old setback of the building was 30 She asked when this requirement was changed to 35 The Secretary answered that he was not sure, but that the 30' requirement probably goes back to the 1950's. He stated that the setback has been 35' at least since 1968. Commissioner Holmes asked whether the new setback would be applied to the existing building. The Secretary answered that, if that existing building were being modified, then there would be a basis for requiring it to conform to the setback requirement presently in place. Chairperson Bernards asked the applicant whether he had anything to add. Mr. Wally Waffensmith of Omni Tool stated that he had nothing to add to the report. Chairperson Bernards asked what were the hours of operation for the building. Mr. Waffensmith answered that they were open from about 6:00 a.m. to 3:00 a.m. Chairperson Bernards noted that the power lines in the area seem rather low and wondered whether this would pose a problem for trucks. Mr. Waffensmith stated that the trucks will be able to fit beneath the power lines. Commissioner Mann asked Mr. Waffensmith whether he accepted the conditions recommended in the staff report. Mr. Waffensmith responded that he understood and could live with the conditions as proposed. Commissioner Holmes asked what the nature of the Omni Tool business was. Mr. Waffensmith stated that it was a tool and die business and that they build machines. Chairperson Bernards asked how security was in that area. Mr. Waffensmith stated that it was fine. He stated that the area is a good area and that is why they are adding on to this building rather than relocating. The Secretary added that staff are very positive about the proposed addition. He stated that the redevelopment of this area has been slow over the years, but that this would be a welcome addition. ACTION RECOMMENDING APPROVAL OF APPLICATION NO 92012 (Omni Tool) Motion by Commissioner Mann seconded by Commissioner Kalligher to 8 -27 -92 2 1 z recommend approval of Application No. 92012, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as -built survey of the property, improvements and utility service lines prior p Y P to release of the e guarantee. rformance P g 10. The property owner shall enter into an Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems P prior to the issuance of permits. Y 11. The applicant shall sign the truck access drive to prohibit parking of any vehicles in the driveway in front of the building. 12. With the consent of the owner of the property to the north, the applicant shall relocate the water and sanitary sewer lines presently running through the property to the west of the proposed building and dedicate a new drainage and utility easement prior to the 8 -27 -92 3 issuance of permits for the building. 13. The applicant shall apply for and receive approval of the vacation of the existing utility easement prior to the issuance of permits for the building. 14. The property owner shall enter into a restrictive covenant to be filed with the title to the property requiring that on -site storm sewer be installed and connected to City storm sewer in 48th Ave. N. within one year of when it becomes available. 15. The applicant shall obtain the consent of the neighboring property to the east to modify the common drainage way serving these two properties. If such consent is not forthcoming, the applicant shall revise the grading plan, subject to the approval of the City Engineer, prior to the issuance of permits. 16. Plan approval acknowledges a waiver of the 50' separation requirement between driveways in lieu of the limited use of the easterly truck access drive. Voting in favor: Chairperson Bernards, Commissioners Mann, Sander, .Johnson, Holmes and Kalligher. Voting against: none. The motion passed. DISCUSSION ITEMS a. Commercial and Industrial Sideyard Setback The Secretary then introduced a discussion item of the commercial and industrial sideyard setbacks. He explained to the Commission that the 50's Grill on Brooklyn Boulevard wanted to expand its kitchen area to the south side of the building. He stated that this proposal was considered by the City Council as a discussion item in May or June of this year and that the Council directed that the matter of sideyard setbacks be considered during the Brooklyn Boulevard study. He stated that the planning consultant recommends keeping the 50' front setback at this time, but that the sideyard setbacks could be varied. The Secretary noted that the present ordinance allows for buildings to be attached, but that if they are not attached they must be at least 10' from a side interior property line. The Secretary suggested ed to the Commission that it consider an Y gg est ordinance to allow waiver of the 10' setback requirement to either attach at the property line or to allow something less-than 10' provided that the requirements of the building code are met and provided that there is at least 10' on the other side of the building. The Secretary reviewed transparencies showing optional setbacks for buildings. The Secretary noted that a 5' setback 8 -27 -92 4 t would allow for openings, but that if the setback is less than 5 1 , no openings in the wall could be allowed. He stated that another concern is whether the areas that would be left between the buildings would be maintainable. He recommended that some setback requirement be retained of at least 3' if buildings are not attached and that building code requirements must be met. Chairperson Bernards asked whether these lesser setbacks would make buildings unsafe. The Secretary stated that he had talked with the fire chief about the matter and that he does not see the proposal as a problem. He noted that most buildings are fire sprinklered and that the fire chief noted that they have the same problem fighting a fire in an enclosed space at Brookdale. He stated that the fire chief indicated that he would not send a fire fighter between two buildings if the buildings were on fire whether the setback was 10' or 3 The Secretary stated that the fire chief was not concerned if the buildings were attached as long as they were sprinklered. In a response to a question from Commissioner Holmes about allowing a zero lot line setback, the Secretary stated that a zero setback could be allowed if buildings were attached, but that this should not be allowed for one building by itself. He compared the ordinance provision he was suggesting for commercial setbacks to a provision allowing a lesser setback in residential areas. Commissioner Holmes asked if there is a restriction now on fences. The Secretary responded in the negative. He stated that the City recommends keeping fences at least 6 inside a property. He added that there are fencing and screening requirements between commercial and residential properties. He stated that reducing the setback requirement would not reduce the buffer requirements. He added that Tim Griffin, of Dahlgren, Shardlow and Uban, the consultant on the Brooklyn Boulevard Study, has recommended that there be a break every so often so that the City does not have three or four blocks of attached buildings. Commissioner Mann stated that she was comfortable with the 3' setback as long as there was no openings. In response to a question from Commissioner Holmes, the Secretary explained that a solid wall would be required if the setback was less than 5 1 . Commissioner Johnson brought up the example of the Amoco Station and the Quie Viet Restaurant on Brooklyn Boulevard. The Secretary noted that there is an arm of residential land between these two properties and that this land would have to be rezoned and replatted in order for the buildings to come closer together. Commissioner Johnson asked whether the City desired some buildings to be as close as 3 The Secretary answered that he believed it is an aesthetic judgment. He stated that a 10' setback would still have to be maintained on the other side of the building. He added that Dahlgren, Shardlow and Uban recommnend keeping the 50' front yard setback since that requirement will allow for some uniformity of urban design along Brooklyn Boulevard. Chairperson Bernards concluded that the recommendation to reduce the setback would not be giving a license to build at 3 but that the 10' setback would 8 -27 -92 5 still be the basic setback. He asked if a 3' or a 5' setback would only be allowed in certain circumstances. The Secretary responded in the affirmative. He stated that a waiver could be allowed similar to what is acknowledged in the ordinance at present for a zero lot line setback. Commissioner Johnson asked why it should be called a waiver and why it should not be simply made an ordinance. The Secretary answered that the provision would be similar to the provision allowing a lesser setback for one and two family dwellings provided certain conditions are met. Commissioner Holmes asked how a waiver would be obtained. The Secretary answered that it would be similar to the waiver granted tonight to Omni Tool regarding the separation of driveways. He stated that a Planning Commission and Council review would be required if a site and building plan application was involved. MOTION TO DIRECT STAFF TO PREPARE AN ORDINANCE AMENDMENT ALLOWING A 3' SIDEYARD SETBACK WITH A 10' SETBACK ON THE OTHER SIDE IN COMMERCIAL AND INDUSTRIAL ZONES Motion by Commissioner Mann seconded by Commissioner Kalligher to direct staff to prepare an ordinance amendment allowing a 3' sideyard setback provided that a 10' setback was maintained on the other side and provided that Building Code requirements are met. While the motion was on the floor, Commissioner Johnson asked whether the restrictions on windows and doors are in the Building Code. The Secretary responded in the affirmative. Commissioner Kalligher asked how this would affect the 50's Grill. The Secretary answered that they could proceed with a site and building plan application at their own risk with the understanding that no building permit could be issued until after the ordinance had become effective. Voting in favor of the above motion: Chairperson Bernards, Commissioners Mann, Sander, Johnson, Holmes and Kalligher. Voting against: none. The motion passed. b. Educational Uses in the C1 Zoning District The Secretary then referred the Commission's attention to a draft ordinance prepared for this evening's meeting to allow educational uses by special use permit in the C1 and C1A zones and to provide for parking requirements for schools and colleges. The Planner reviewed the parking formulas in the Draft Ordinance stating they came from Brooklyn Park's ordinance and also from the City's past experience with the high school and Earle Brown School. He added that he had discussed parking with the Director of Facilities of the Community College System and that it was recommended that parking be provided on the basis of 2/3 to 3/4 of a space for each "teaching station" in the building. He stated that this would allow for differences between types of classrooms, rather than sticking with one basic square footage formula. Chairperson Bernards asked whether some of the schools in the City 8 -27 -92 6 would become nonconforming. The Planner stated that that was a concern and a possibility. He noted that most of the elementary schools in the City have parking close to what the formula would recommend and that they have extra land to provide more parking should that be required. He stated that they could be grandfathered in their existing condition. The Secretary stated that there are peak demands between classroom use and assembly use. He stated that after dealing with the Metro State University application, it was clear that some formula greater than 1 space for every 200 sq. ft. would be required for an educational use. Chairperson Bernards suggested that the draft ordinance be run by the four school districts serving the City. The Secretary answered that that could be done. There followed a brief discussion of the upcoming Vision Workshop and recent commercial vacancies. Commissioner Sander also provided a photograph showing a parking problem at 50th and France Avenues North. The Secretary stated that staff would look into that illegal parking. ADJOURNMENT Motion by Commissioner Mann seconded by Commissioner Kalligher to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 9:26 p.m. Chairman 8 -27 -92 7 PLANNING COMMISSION INFORMATION SHEET Application No.92012 Applicant: Omni Tool Location: 3500 48th Ave. North Request: Site and Building Plan Use /Location The applicant requests site and building plan approval to construct a 15,958 sq. ft. addition to the industrial building at 3500 48th Ave. North. The property in question is zoned I -2 and Omni Tool is a permitted use in that zone. The property is bounded on the north by the Thompson Lumber site presently occupied by McMillan Blodel, on the east by another small industrial building, on the south by 48th Ave. N. , and on the west by K & K Sales. In 1988, K & K Sales sold land to Omni Tool and the property was replatted. Within the land picked up by Omni Tool are two underlying tracts which contained a utility easement with water and sanitary sewer. Although the tracts no longer exist, the utilities and the easement are still in place. The proposed addition to Omni Tool will require the relocation of the utilities and easement prior to issuance of building permits. Access /Parking The proposed plan calls for a 24' wide driveway serving the parking lot to the west of the building and an 18' truck access drive serving an overhead door at the southwest corner of the building. The driveways are to be 44' apart. The Zoning Ordinance requires driveways on the same commercial or industrial parcel to be at least 50' apart. However, we would recommend waiving this requirement in this case in lieu of the limited use of the truck access drive. The applicant expects only three or four trucks per week to enter the building from this drive and most are not semi trailers. The Zoning Ordinance prohibits truck docks in yards abutting public streets. In this case, the trucks will not be parked outside the building in the setback area, but inside the building. No c access g rurally, we would not recommend that such an acce be allowed since it could potentially lead to blockage of a public street. However, in this case, the level of traffic using the driveway and that traveling on the street is minimal. Also, many other businesses located on 48th have a similar truck access off the street. It, therefore, appears reasonable to allow such a driveway in this case. We would recommend, however, a condition of approval prohibiting any parking of vehicles in the truck access drive and appropriate signery acknowledging this prohibition. After the addition is completed, the building will be 26,902 sq. ft. in size. Of this, 3,738 sq. ft. will be office and 23,164 sq. ft. will be manufacturing space. The parking requirement comes to 19 spaces for the office and 29 spaces for the industrial space for a total requirement of 48 stalls. The site plan provides for 49 August 27, 1992 1 stalls, including two handicapped spaces. The plan also indicates a driveway along the north side of the building for a special truck access for waste pickup. Landscaping The landscape plan calls for four new American Linden shade trees in the front yard area in front of the addition. Four Austrian Pine trees are indicated in the green area to the west of the building. An existing 6 Red Oak in front of the building is to remain. The plan also calls for one Douglas Fir in front of the building in an area surrounded by sidewalk. The plan calls for foundation plantings in the area in front of the building, near the entrance. Sod is indicated in all perimeter green areas and underground irrigation is to be provided in all sod and planting areas. Grading/Drainage /Utilities As mentioned earlier, the proposed building addition will extend over the location of an existing utility easement which contains utilities serving the Thompson Lumber site to the north. These utilities will have to be relocated to the west of the building and a new easement for drainage and utilities dedicated prior to the issuance of building permits. It will also be necessary to vacate the existing easement before permits for the building are issued. The plan proposes no increase in the size of the utility lines to run through the property, an 8 sanitary sewer line and a 10" water main. A 6 combined fire and domestic line will serve the building, entering about midway on the west side. Relocation of the utilities may require the consent of the property owner to the north. There is no storm sewer in 48th Ave North. The site will for the most part drain to the southwest corner of the parking lot and from there flow over a flattened curb and a rip -rap drainage way to the street. Drainage on 48th flows into Ryan Lake to the east. Staff recommend that a condition of approval be added requiring the property owner to enter into a covenant requiring that on -site storm sewer be installed and connected to City storm sewer at such time as it becomes available. The plan also calls for modification of the grade along the east side of the site and along the west side of the neighboring site to facilitate the flow of drainage from the roof of the existing building and surrounding areas to 48th. This grading will require the consent of the neighboring property owner or else the grading plan will have to be modified to channel this drainage within the site to the street. In any case, drainage and grading plans will be subject to review and approval by the City Engineer. Building Improvements The building addition is to contain office space, restrooms, a lunch room, a shipping and receiving bay, and a large, open production and storage area. Also added will be a vestibule and August 27, 1992 2 receptionist area. The front of the building is presently set back 30' from the front property line. The minimum setback in the front yard in the I -2 zone is 35 feet. The proposed addition will be set back 35 The front of the building will be stepped back 10 to the entrance area and then stepped forward 5 to the front wall of the addition. The stepped area will be a glass curtain wall, utilizing windows which change tint depending on the level of sunlight striking them. The remainder of the addition exterior will be a colored rockfaced block topped with a prefinished metal band. The existing brick facade on the front of the existing building will remain. Sidewalks are shown in front of the parking stalls to the west of the building and leading from the handicapped stalls to the front door as well as from the street to the front door. Lighting /Trash The plans call for four wall mounted lights on the west wall of the building and one on the front. They are to have frosted diffusers so that there should be no glare emanating from the property. No freestanding lights are proposed along the west side of the property to light the parking lot. The light intensity projected for the west side of the parking lot on the photometric plan is a little under one foot candle. The Zoning Ordinance limits light intensity at the property line in industrial districts to 10 foot candles at the property line. The Building Maintenance Ordinance requires "effective illumination" of parking lot areas. We believe the level of lighting proposed will be adequate in this case given the nature of the business. A single pole lamp is proposed in front of the building near the entrance area. That lamp will be a 150 watt high pressure sodium light with a clear diffuser. At this level of light, we do not expect glare to be a problem. All trash is to be stored inside the building. There will be rooftop mechanical units which will have to be screened with an opaque screening device. Recommendation Altogether, the plans appear to be in order. Approval is recommended, subject to at least the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site August 27, 1992 3 improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as -built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 10. The property owner shall enter into an Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems, prior to the issuance of permits. 11. The applicant shall sign the truck access drive to prohibit parking of any vehicles in the driveway in front of the building. 12. With the consent of the owner of the property to the north, the applicant shall relocate the water and sanitary sewer lines presently running through the property to the west of the proposed building and dedicate a new drainage and utility easement prior to the issuance of permits for the building. 13. The applicant shall apply for and receive approval of the vacation of the existing utility easement prior to the issuance of permits for the building. 14. The property owner shall enter into a restrictive covenant to be filed with the title to the property requiring that on -site storm sewer be installed and connected to City storm sewer in 48th Ave. N. within one year of when it becomes available. 15. The applicant shall obtain the consent of the neighboring property to the east to modify the common drainage way serving these two properties. If such consent is not August 27, 1992 4 forthcoming, the applicant shall revise the grading plan, subject to the approval of the City Engineer, prior to the issuance of permits. 16. Plan approval acknowledges a waiver of the 50' separation requirement between driveways in lieu of the limited use of the easterly truck access drive. Submitted by, Gary Shallcross Planner Approved by, Ronald A. Warren Director of Planning and Inspections August g 27, 1992 5 t. .. a ►wwtpl "f� I r ; � - yt 11 `� - ^� ' `�t is � ��. ; _ • = ' �f�}a?f� r : - - �• �' - GMNIIOOL - . • - 1 .:ice• of r.. . - ra _ i ; S ,.,,� .^..• 6ULDW 6 OAT?• "_ / 14 (/ Iew •1.•ri I\uI NN. , •M. _ aulp✓d G/K S+wT.. .r rw4Mw. C11M YA>i� _ I Sa Sew /1•Af� • � 1 ►a A4♦ t. .. � MWI4aM\Wff -. {4, \M 44r 1 r0.ti - � x � j 'L IewWnMn► i ZZ ` r4u • H e1 . uwpuuw -. .L. \ \ r .e . �il. >aotrloN G�ifl 6 — n 1 s i r _ e.•c � •. ��. .... r4 Y df ni3a fti s 1 . 1 N/ .. ..... _ r fit 7 — _ 291.\7' t 18 AVE. N. rr —� HvCi 1c39 1•a � t� 0 SITE PLAN ... r .mow 1 scµt. o s w a m 16.8 PLANTING SCHEDULE::'. x� �' , • ) `' - KEY, COMMON NAME BOTANICAL NAME, QUAtC SIZE, REMARK "� <` / AP AuKFn.N RiE, flnaly 1 N1°RA � S X14 'TM► Mr k- - of OfUWJ.t, M. '. y,10r*.n,41 w+tiMaa I 7'MN • - 'ik� dt • • , � w+,tN, A•'GWi�N nw >'+vAicw• 4 t'4" MO '• - � » Vii• -. � .. yt •r. W OFaq+M4. 4uA/K JiMIM[w's.MwA. 14 1a O °0 R•M - .. 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OZ— AT CI.P . • - - INV. eM.if - WT[ e a en e N . - _ � �– LNI• Dr Inp Na c eckeE anE 48TH AVENUE NORTH f..1e.eG tlue_f�Dey G1 =j , 19Pi -' REVISION C,ITE 3Y REVIlIDM I bNdN ARWr AN o.. ..I'+". SCHOELL & MADSON, INC CLIENT CMD ++IN -1 rAN . - w sr �^^ + NW Y+ I - e Ad, ENGINEERS M SURVEYORS M PLANNERS OMNI TOOL .. {•w+ A.I...A 'd" W SOIL TESTING M ENVIRONMENTAL SERVICES +bM. +Y_ - - NELSON CONSTRUCTION MANAGEMENT, INC GRADING, DRAINAGE, AND UTILITY '> +.../L OJ y 10580 MAY2ATA BOUIEVARO [+. a "I IS 44 /dA1- �i MINNETONKA. MINWSOTA 55305 I • I (612) 546 -7601 RECONSTRUCTION PLAN DATE AUG. 1992 S.M.I. PROJECT NO. 61921 -001 SHEET I OF I SHEETS ati;� "� ��� "`� : ~ (a Aonrt�orl ewsrmw. .' - � � - 1 -it��i "���'`"���•".•'.,"�.�. rf P A qG , I - —,_ o _ _ 1 _ H 1 IT T. a - ' wMw RoA I IekAcfloN � � ` J anrnw, i�vlNr g 11 Kr q c � S M.T, N.f.oMtieb � } P+tMa +wf LbsIW �oo�� g _ L =l orrry rnu.wu� wYrs �e ris�a� I I i el FLOOR PLAN � Q � I •. a°u «� , 1st -r'e h r �' �*ti` + �AA '�jj� +R 'r � t .} _NY1N_O.N.fWIL— IRhNNNL1 nlTA1. 3 I 1 /•` 5 �. •{ K+1 ��,j' �tiJ� ! � Q N.t•1 -aaC Kouc a �� - � �i.N. sYtM 4NV n uNaal[ MM.L w 2 l� _pY1,NL .lOOI�I'dIM4���.1� +(. "• w I I I I - ; ` aaa awelNr wl" ...r {, . � � Y � �.�+L .' i + . -.. Ali- �i1�••4► .�� n SOUTH ELEVATION .. i,..T•. 7 �, =7 aNCe F1 - n , . � recnNl Ncre� Q . raKFAtE ccwu.stt .. :.. E J _. IKl,NNMIy AW.N,I11M 4 - i 1 µ"nK Nle il/sS (aIRnWML_ 1 1 1 - �. '> • - aMw�1 —' ewnNaa.uc�c. �fi�� I • - -i .. 3 NORTH ELEVATION e� ,•� Q ��r C . EE D G o g f° W . 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I« m 'w we w w w. n• �« � —.•' -• •� •aac•wIO an ' ^4 Fence / ' S))• /3 �4) 13 992 f `d� ` Q S � �� fly VE " ° ca � r X Fb..er [r,• �P // I..— / O c � / I •� // I � F I.ac�i e�wgl,e=.•e sw s•r.q r. un...rwru e..l,..�e..s.e.. rve P D a o °� tESmes: z . A•••w rrU a ...�. u... w . .. c«s l0 1 CI= 14 1 ew s ..ilil.� .w! •tw,el.. i e....! / // 11 L_�f� YC =Mr•1e3 eit s. Ana: u. v. .wm rw.wssr ,cm. o —wr, -- ._ __ ._ __ —__ Nel•r 'Sl "N 2 Y Y ear � — 48TH -- I ---- - - - - -- w ",.. wr. _� ~-- - - - - -- 9` 6an�iur Sower °P ' 9 S° S<./ Ylonftole. 8.131 _Y - - - -. — ° ____ 1�Y e, v, _ e•a4az. AVENUE — —---------_____-- NORTH -- wTe tl m l a eooA. xh REVISIONS CERTIFICATION !_ S C H O E L L & M A D S O N, INC. CLIENT LOCATION LATE B Y REVISi ON -— cK - D ENGINEERS • SURVEYORS + By PLANNERS SOIL TESTING NELSON CONSTRUCTION MANAGEMENT, INC. BROOKLYN CENTER, MN. _ � • r � ~ 10550 WAYZATA BLVD. MINNETONKA, MN. 55043 e.r. -Jw5,— ti..... y. —� IBt11 SAe- Te 01 S.M.I. PROJECT NO. 61921 Efl :;-X < 0 155TH. AVE. - -- \ & 43, %/i WK AVE. a il f �/ �i Ax��i � - - - 52ND A R5 VE. N. > ,J c,• / /,' %%% ' //, OAK STS � � { { of 1 _51ST 513 I _ I z < A .51ST P • ( `J j Y k { - = =- - l - - -- t L1 50TH AVE: - - -- N � 49TH AVE 1 i' 600 APPLICATION NO. N - _m 9 2012 .. LAKEBREEZE - AVE. N. lnE 12 02 D , 48TH AVE. N. % '; "; "�; 48 H AVE N � R 47TH �y 77IN > AVE. N. RYAN LAKE - i 46TH AVE. N. 46TH AVE. CITY Of OBI D' ` - 46TH AVE. _ — - ---� - Np 6- J A En NO TE SEE AND DETA CITY OF BROOKLYN CENTER Council Meeting Date 09 /14 /92 i s Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: STAFF REPORT REGARDING DATA PROCESSING IMPROVEMENT FOR THE PUBLIC UTILITIES DEPARTMENT DEPT. APPROVAL,: J I/ '/f A��o Sy Knap , Director of Public Works • #ti�i�dI rrw® MANAGER'S REVIEW /RECOMMENDATION: �•- No comments to supplement this report Comments below /attac ed SUMMARY EXPLANATION: (supplemental sheets attached No • This item details two improvements to be made to the data processing communications systems of the Public Utilities Department. Both these improvements would increase the capabilities and amount of control over the two automated data gathering and alarming systems: Intrac, for the sanitary sewer utility, and SCADA, for the water utility. Both Intrac and SCADA utilize radio telemetry to monitor remote sites. The Intrac system is located in the Police Department with our radio base stations, and monitors conditions at the sewage lift stations. The SCADA system is located at the City Garage, and is a much more comprehensive system of data acquisition, computer monitoring and control of the wells and water towers. While each improvement is discussed separately, because the nature of the improvements is similar staff recommends treating the proposals as a single public utilities improvement project. Sanitary Sewer Utility Intrac Improvement This proposal would provide a major enhancement to the quality of information provided by Intrac. Currently, Intrac performs a once -daily automatic interrogation of the lift stations. This interrogation checks for various types of alarm situations, such as pump failure or power failure. The system may also be used to manually interrogate the stations; this manual interrogation is done by police dispatchers at the request of public utility employees. Finally, the system automatically broadcasts an alarm when particular types of failures occur. r The system, as it exists now, has two major flaws: it currently is not set up to automatically interrogate more often than once every 24 hours; and it broadcasts on the city public works radio channel, rather than on its own offset. Automatic Interrogation Automatic interrogation should be completed more frequently than once a day. More frequent interrogation would allow the system to detect smaller problems (such as pump failure) before they become major problems (such as sewage backed - up into basements). The proposed system enhancement would allow the City to program automatic interrogation as often as every hour. An incident from two years ago illustrates the value of this enhancement. A blown fuse in the remote unit of lift station #1 caused a total failure of communications. This type of failure does not send an automatic alarm, but is detected during the regular daily interrogation. Unfortunately, simultaneously, there was a pump failure. Since there was a communications failure, no automatic alarm regarding pump failure was sent. Just before the regular interrogation at 7 a.m., residents in the area began calling reporting sewage backups in their basements. The City incurred substantial costs cleaning up after these sewer backups. This backup could have been prevented had the system interrogated the lift stations more frequently. The communications failure would have been detected earlier, and on investigating that failure, public utility staff would have noted the pump failure and prevented the backup. Broadcasting Alarms and Interrogations All interrogations and alarms are broadcast on the city public works radio channel. The channel is not usable during this broadcast, and the alarms and interrogations are very loud, abrasive, and irritating. The Engineering, Planning & Inspections, and Utility Billing /Finance Departments base stations in City Hall, the Garage, Police Dispatch, and mobile radio units all receive this noise. This enhancement would change the transmit frequency of the remote units to utilize the second receiver in the public works repeater, and mute the noise on the channel. Cost Motorola, which is the manufacturer of the Intrac system, has quoted a cost of $8,559 to complete this work. Allowing for a ten percent contingency, the total estimated cost of the improvement would be $9,415. This cost would be financed by the sanitary sewer utility fund. Water Utility SCADA Improvement The two major components of this improvement are adding wells 2 and 10 to the SCADA system. Well #2 was not initially included in the SCADA system because at the time, it was considered to have problems (high iron content in pumped water). The well has since been upgraded, and found to be a dependable source of water during high demand. The addition of the recently completed Well #10 to the SCADA ® system was not comprehended in that construction project because there were other possible SCADA improvements identified, and it was determined that it was best to • deal with all the improvements at one time. Both Wells JJ2 & #10 are currently an active part of the City's water supply system, however, they must be run manually, and the SCADA system cannot account for their contribution. In extended periods of warm weather, the system may not be able to meet demand and maintain an adequate level of tower storage. The proposed improvements at this time involve modifications at the SCADA central site (Public Works Garage), Well #2, Well #10, and Tower #2. The modifications required at the central site are briefly described as follows: - the addition of telemetry panels, including lock and intrusion switches, for Wells #2 & #10, which duplicate the existing panels for the other City wells - modifying the main control panel to add status lights for the two wells - computer software revisions to the telemetry master to incorporate the new hardware associated with the addition of the wells to system - modifications to the existing graphic software to allow users to display information regarding Wells #2 & Y110 The original installation at the central site, which included the development of the computer software, was performed by the Minneapolis company Dynamic Systems, Inc. Because the proposed modifications involve rewriting or reprogramming portions of the computer software, Dynamic Systems, the owners of the original • software code must erform the work. Accordingly, D nam"c S stems Inc. p Dynamic Systems, has submitted a proposal for the above described work at a cost of $41,681, excluding sales tax. Note: Staff has investigated alternatives to the above - described revisions, , and found that the only other way to modify the system to accommodate the addition of the two wells would be to totally replace all of the software at the central site and the majority of hardware located at the remote sites (wells). We have estimated this cost to be in excess of $250,000. Even with that investment, additional cost would be incurred with the future expansion of the wellfield, and most certainly that investment will be lost if or when Federal mandates or aquifer conditions require the City to build a water treatment facility. Certain electrical modifications (wiring, switch installation, etc.) must be made in the field, at the well /tower sites, beyond the scope of the services proposed by Dynamic Systems. Accordingly, the City Engineer has received proposals from electrical contractors for that work. Staff recommends ce t n d ac a ce of the low bid 1 from Bacon's Electric Co., of Fridley, in the amount of $2,385. Summary In summary, the proposed SCADA system revisions would allow the Public Works Department to automatically monitor, control and account for the contribution from Wells #2 & Y110, as it does the other municipal wells. The total cost of this proposed improvement, including a 10% contingency, is $48,475. The Capital Improvement Program had previously identified p g p y an expenditure of $50,000, scheduled for 1991, for an update of the City's SCADA system. The CIP had also identified an expenditure of $84,000, scheduled for this year, for an update of the Intrac system. This compares to $9,415 which is currently being proposed. The original estimate was based on the assumption that the system would be totally replaced; staff has since determined that the above described revisions would be all that is necessary for the foreseeable future. Staff recommends the establishment of Improvement Project No. 1992 -15, Data Processing Enhancements for the SCADA Water Utility and Intrac Sewer Utility, with a total estimated project cost (incl. contingencies) of $57,890. RECOMMENDED CITY COUNCIL ACTION A resolution establishing the project, accepting proposals, and appropriating funds is included for Council consideration. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING PROJECT NO. 1992 -15, DATA PROCESSING ENHANCEMENTS FOR THE WATER UTILITY SCADA SYSTEM AND FOR THE SANITARY SEWER UTILITY INTRAC SYSTEM, AND APPROPRIATING FUNDS THEREFORE WHEREAS, the City's SCADA system, which monitors and controls the municipal water supply, does not currently include Wells #2 and #10; and WHEREAS, the City's Intrac system, which monitors conditions at the City's sewage lift stations, requires enhancements to reduce the potential of sewer backups; and WHEREAS, the City Engineer has advised the City Council that the SCADA system is a proprietary system, revisions to which are not subject to competitive bidding, and he has further advised the Council that the proposal received from Dynamics Systems, Inc. of Minneapolis, MN, in the amount of $41,681, for SCADA central site modifications, is fair and reasonable; and WHEREAS, proposals for SCADA remote site modifications were received, opened, and tabulated by the City Engineer, said proposals are as follows: Bidder Bid Bacon's Electric Company $2,385 Colisys Electrical Systems, Inc. $6,530 WHEREAS, it appears that Bacon's Electric Company, of Fridley, MN, has submitted the lowest responsible proposal for SCADA remote site modifications; and WHEREAS, the City Engineer has advised the City Council that the Intrac system is a proprietary system, revisions to which are not subject to competitive bidding, and he has further advised the Council that the proposal received from Motorola Twin Cities Service Center of St. Paul, MN, in the amount of 8 $ ,559, for Intrac system modifications, is fair and reasonable; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. Improvement Project No. 1992 -15, Data Processing Enhancements for the water utility SCADA system and for the sanitary sewer Intrac system, is hereby established. 2. The proposal as submitted by Dynamic Systems, Inc. of Minneapolis, MN, is hereby accepted and the Mayor and City Manager are hereby authorized and directed to enter into a contract, in the amount of RESOLUTION N0, $41,681, with Dynamic Systems, Inc, in the name of the City of Brooklyn Center, for Improvement Project No. 1992 -15, SCADA central site modifications. 3. The proposal as submitted by Bacon's Electric Company of Fridley, MN, is hereby accepted and the Mayor and City Manager are hereby authorized and directed to enter into a contract, in the amount of $2,385, with Bacon's Electric Company in the name of the City of Brooklyn Center, for Improvement Project No. 1992 -15, SCADA remote site modifications. 4. The proposal as submitted by Motorola Twin Cities Service Center of St. Paul, MN, is hereby accepted and the Mayor and City Manager are hereby authorized and directed to enter into a contract, in the amount of $8,559, with Motorola Twin Cities Service Center in the name of the City of Brooklyn Center, for Improvement Project No. 1992 -15, Intrac system modifications. 5. The estimated ro'ect Project No. 1992 -15 are p costs for Improvement Proj J P J established as follows: SCADA central site modifications $41,681 SCADA remote site modifications $ 2,385 Intrac Improvements 8,559 Subtotal $52,625 10% Contingency 5,265 $57,890 6. All costs relating to the SCADA portion of this project shall be charged to the Public Utility Water Fund, 7. All costs relating to the Intrac portion of this project shall be charged to the Public Utility Sewer Fund, Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: CI'T'Y OF BROOKLYN CENTER Council Meeting Date 09/14/92 Agenda Item Number 14-b b REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: REVIEW OF POLICIES RELATING TO DISEASED TREE REMOVAL PROGRAM ************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: S app, AYector of Public Works MANAGER'S REVIEW/RECOMAIENDATION: l: No comments to supplement this report Comments below /attached ************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached Yes • At the August 24, 1992 meeting Mr. Kenneth Hirte 4113 - 61st Avenue North spoke g g P to e th City Council during he open forum, objecting to the City's policy which g J g y P Y provides that one -half e of the costs for removal o P 1 f boulevard trees are to be charged to the property owner. This report is in response to the City Council's request for a staff report regarding this matter. Attached hereto is a report prepared by Diane Spector in which she reviews the history of the current policy and the impacts of potential policy changes. Following is a summary of items for consideration: • The existing policy has been enforce in the City of Brooklyn Center since 1977. Prior to that time, property owners paid the full cost of removal of boulevard trees. • The total annual cost for removal of boulevard trees is approximately $29,000. If the policy is changed to have the City cover the entire costs, the additional costs to the City would be approximately $14,500. • Any consideration of a change in policy should include an evaluation of the equity of that change as it relates to property owners who have previously paid one -half of the costs, based on the current policy. • If a change is made, what would be the effective date? It is noted that the City Council's agenda for tonight's meeting includes a public hearing on special assessments levied for trees removed in 1991. It is also noted that numerous boulevard trees have been removed in 1992, and all other property owners have been advised that they will be charged in accordance with existing policy. Some property owners have, in fact, already paid their half of the cost for removal of boulevard trees in 1992. • While Mr. Hirte stated that he believes the tree which was removed from his boulevard was never an asset to his property, I believe that the general consensus of most property owners and realtors is that trees are beneficial to the environment and increase the value of residential ro erties. In P P addition, while the removal of diseased trees is beneficial to the entire community, the removal of a specific diseased tree has the effect of improving the appearance of the abutting property (i.e. - the dead tree is removed), and tends to protect healthy trees in close proximity to the diseased tree. • Legalistically, fee title for all properties within the street right -of- way, including the boulevard, lies with the adjoining property owner. The City's interest lies in the dedication of a street easement which allows the City to use that right -of -way for street purposes - including landscaping and trees, for installation of utilities, etc. By City ordinance, adjacent properties are held responsible for maintenance of the boulevard in accordance with standards established by the City. As Mr. Hirte noted, a number of cities have adopted a policy wherein those cities pay the entire cost of boulevard tree removal. However, other cities including Brooklyn Center have adopted a policy to share those costs between the City and the property owners. • RECOMMENDED CITY COUNCIL ACTION Note It is recommended that, if possible, this matter should be discussed and considered by the City Council prior to the public hearing regarding special assessments for diseased tree removals which is scheduled for 8:00 p.m. Review and discuss this matter ... If the Council decides to retain the current policy, this can be done by motion ... If the Council wishes to change the policy, adopt a motion directing staff to prepare a resolution for formal consideration at the September 28 meeting, with specific direction to the staff regarding the changes which the Council wishes to make, i.e.: ✓ Should the property owner's share of boulevard tree removal be reduced from 50% to no participation, or to some percentage between 0 and 50 %. ✓ Should the revised policy be made retroactive to 1/1/92, to 1/1/91 or to some other date. If so, should refunds be made to property owners who have already paid, based on current policy? ✓ Should the 1993 (and 1992 ?) budgets be amended to reflect this change of policy. Other consideration which the Council wishes to have included in the resolution. Note A copy of this report has been sent to Mr. Hirte, to advise him that this matter is on the agenda for consideration at the 9/14/92 meeting. • September 11, 1992 TO: Sy Knapp FROM: Diane Spector SUBJ: Boulevard Tree Removal Cost Sharing Policy It has been for many years the City's policy to share the cost of removal of a diseased boulevard tree with the adjacent property owner. This cost sharing, which is a 50150 split, is only available when the tree is removed by the City's tree contractor. This policy has been discussed by the Council several times over the years, and each time the policy has been reaffirmed. The following is a history of the policy debate. ESTABLISHMENT OF THE POLICY In 1975, the legislature passed the Diseased Shade Tree Control Act. This act, as amended in 1977, provided funding for state reimbursement of a portion of municipalities' costs of removal of diseased trees, and cost sharing and reimbursement policies. Attachment 1, which is an excerpt from a staff memorandum prepared in 1984, provides a short summary. The salient points are: The Act required municipalities to pay for at least half the cost of boulevard tree removal. The Act provided reimbursements only where the trees were removed through the approved city Diseased Tree Program. In Brooklyn Center, during 1977 -1979, 40 -45 percent of the cost of boulevard tree removal was reimbursed by the state. The City paid half and the property owner half of the remaining cost. In 1980 and 1981, the state reduced the percentage reimbursement to 25 and 12 -1/2 erc n n ended the ram in program p e t respectively, and the p b 1982. When the state program was discontinued, Brooklyn Center chose to continue the diseased tree program using the same policies as were previously in place. Since there was no longer any state reimbursement to offset a part of the cost, the City and the property owner split the full cost of boulevard tree removal. Some cities also continued splitting the cost between the city and the property owner, while others chose to pay 100 percent of the cost from city funds. SUBSEQUENT DISCUSSION In 1984, the Council, responding to a citizen request, reviewed the cost sharing policy. Members of the Council agreed that changing the policy to allow the City to a 100 percent of the cost of b g P Y Y pay P boulevard tree removal would be unfair to the several hundreds of property owners who had paid half the cost, or removed the tree themselves at their own expense. The policy was reaffirmed. The question has occasionally come up since then, and each time the fairness question has led to a reluctance to change existing policy. A second question relates to the policy of City cost sharing only when the City's tree contractor is used. This was originally a requirement of the state program. When the state program was discontinued, the requirement was kept, primarily to keep administrative costs down and to control removal costs. Between 100 and 200 boulevard trees are marked each year for removal. Reimbursing property owners who don't use the City's tree contractor would mean substantial administrative costs for verifying removal costs and generating 100 to 200 reimbursement checks. If ro ert p p y owners were allowed to individually contract with a tree removal service and receive i reimbursement for half the cost, it might become difficult to control costs. It is possible that some tree removal contractors might inflate the cost of removal, knowing that the property owner would only be concerned with one -half the amount. A second issue would be the fairest way to treat owners who would choose property ose to remove the tree themselves. SUMMARY While several other area cities do pay 100 percent of the cost of diseased boulevard tree removal, Brooklyn Center has since 1977 shared the cost equally with the adjacent property owner. Prior to 1977, property owners paid the full cost of removal. Any discussion of City assumption of the entire cost must take into account the issue of fairness to the several hundreds, if not thousands of property owners who have paid some or all the cost of removal. A second concern is that of cost. In 1991, about 100 boulevard trees were removed at a total cost of about $29,000. This cost was shared equally between the City and the adjacent property owner. The additional cost to the City if it were to assume the full cost of boulevard tree removal would in 1991 have been about $14,500. Gerald G. Splinter, City Winagcr FPC.M: Mike Dean, Intern DATE: August 10, 1984 SUB=: Shade Tree Program Report INTRODUCTION The Minnesota State Diseased Shade Tree Program began in 1975 with passage of the Diseased Shade Tree Control Act. Over 27 million dollars was appropriated -in 1975 and 1976 to the Department of Agriculture to administer the act and reimburse municipalities for the removal of diseased shade trees. During 1976, few municipalities (including Brooklyn Center) participated in the program. This was because cities could be reimbursed only through matches of special assessments to property owners for removal of trees - a procedure which could cause cities to exceed levy limitations. In 1977, the law changed to allow cities to assess tree removal through "special levies ", and approved city programs. To special assess for tree removal the City had to set up a Diseased Shade Tree Program approved by the Department of Agriculture. &M sons who removed trees without going through the City Program could not i.ve reimbursement from the State. MECHANI OF REIM3URSE7 The Diseased Shade Tree Control Act mandated the City to pay for at least half the cost of tree removal from boulevards. Prior to 1977 property owners paid 100% of the cost of tree removal from boulevards. State reimbursements could not exceed 50% of the cost of tree removal. Reimbursements were made only for those trees removed through the City Program. Property amers then payed the City cash when billed by the City, or they paid the City through a special assessment with interest. The exact percentage of the cost of boulevard tree removal reimbursed by the State went lower each year as funds depleted and as the number of diseased elms decreased. In the case of boulevard trees, prcperty owners were given half the reimbursement dollars. By July 1982, reimbursement funds were depleted and the State Shade Tree Program office was closed. Communities could choose at this point, whether or not to continue their diseased shade tree control programs with their own funds. 'URr% POLICY After the State reimbursement program dissolved Brooklyn Center chose to continue 1�� r .. r•y ..1 !'. •. :i ) f (�:rn r r C ; II� 0 -ropr.•r t y i l l ha If t h% o br)u I (.vard t rcre remova l a I ong with a 15 admtni, ;r rat ive fee Ix t ree I agrecrry:rlt-. The City's half comes from the gen fund. Storm trees are removed by the City at no charge. Owners are responsible for removal of the stump. The following cities pay the entire cost of diseased tree removal:* Richfield Plymouth Bloomington Robbinsdale Golden Valley Crystal St. Louis Park Fridley Minnetonka Columbia Heights Coon Rapids Brooklyn Park charges a $10 administrative fee per agreement. *This is only a partial listing of shade tree control program cities. COSTS Attached is a table showing the total number of trees (boulevard and other trees) removed between 1977 and 1984; combined removal and reforestation costs between 1977 and 1984; and the percent of removal reimbursement costs between 1W 977 and 1984. Reforestation is about 15% of the totals. 1983 Boulevard Tree Removal Costs Number of Boulevard Trees Removed: 84 Costs: City $4,269.00 Owner (plus $15 per agreement) $4,2 TOTAL $8,538.00 Average cost per owner was $50.82 1984 Boulev Tree Removal Costs to Date Number of Boulevard Trees Removed: 30 Costs: city $1,750.00 • Owner (plus $15 per agreement) $1,750.00 TOTAL $3,500.00 1985 Projected Boulevard T ree Removal Costs Number of trees to be removed; Approximately 100 Costs: 100 trees at $100 each = $10,000 ESTIMATE OF NUMBER OF DISEASED OR LILLY DISEASED TREES LEFT ON THE BOULEVARDS I `�10 actual count of boulevard trees has ever been taken. "Armchair" counts, '.owever, show the City started with about 3,650 boulevard elms. Approximately 1,200 - 1,600 boulevard elms remain on the boulevards. At an Uv •1'jr' r .'. .f 1 {ir t /rl lr' - /•1I t Pr'l r / i'l.l� (1Vr'r t id' (.' %: v_- nurt /rr of t r( EJ(?r y varies depending on how the disease qJread-i during the y(..j r. . Sorry say viny reroining elm are resistant to the disease. But this is not known for sure. Is„ TC WAL NUt°iPLP ( -)f '1'f'I:ES 14:4MM; CWBINi:D tm) COSTS; MD PL•'JCI OF SI'i:TE FOR REMOVAL NUMBER OF YEAR TREES REMCVED COSTS % REIMBURSEt °ENT 1977 669 $51,815 40% 1978 712 $52,457 45% 1979 487 $44,200 41% 1980 478 $55,310 25% 1981 583 $78,091 12�% 19822 397 $41,000' 0% 1983 288 $29,000 - 0% 1984 30 $ 3,500 0% 1 Reforestation accounts for about 15% of the 1977 - 1981 totals 2 Removal costs only •' 3 Boulevard elms only to date •; ° CITY OF BROOKLYN CENTER council Meeting Date 9/14/ Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Discussion Item - An Ordinance Amending Chapter 35 of the City Ordinances Regarding Side Yard Setbacks in Commercial and Industrial Zoning Districts * * * * * * * * * * * * * * * * * * * * ** *********************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROV L: �d 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 ) Last May the City Council discussed a proposal by Mr. Jack • Schubert, owner of the 50's Grill, 5524 Brooklyn Boulevard, to expand the kitchen area of his restaurant. The expansion would result in an encroachment on the 10' side yard setback required for buildings located in commercial and industrial zoning districts of the City. Dean Nyquist, who represents Mr. Schubert, had suggested, among other things, that the City consider amending its Zoning Ordinance to establish less restrictive variance standards that might allow Schubert to successfully pursue a variance from the setback requirements. There was no real support for altering the variance standards, however, the Council did see some merit in modifying the side yard setbacks as a means of addressing Mr. Schubert's problem as well as any other similar situation. It was noted that the current ordinance allows a waiver of the side yard setback requirement where buildings are attached to each other at a common property line. A setback of less than 10' might, therefore, be appropriate provided fire safety, building code and aesthetic concerns were addressed. This Council discussion took place during the same Council meeting at which the consulting firm of Dahlgren, Shardlow and Uban (DSU) was named to undertake the Brooklyn Boulevard Planning Study. It was suggested that comments regarding possible changes to side yard setbacks be offered early during the study. • Summary Explanation Page 2 September 14, 1992 The staff has had discussions with the Planning Consultant regarding potential setback changes along Brooklyn Boulevard. Tim Griffin of the consulting firm has advised that the City not alter the current 50' along Brooklyn Boulevard, at least at this time. He believes it is important to keep the option of a large setback open at least until the study is completed. Side yard setback requirements were not considered as critical and Mr. Griffin has no major concerns about altering them. He has suggested that we may wish to take a more conservative approach to an ordinance amendment at this time, rather than to abandon the side yard setback requirement altogether. The Planning Commission, at its August 27, 1992 meeting, discussed this matter in detail. A copy of the Planning Commission minutes relating to their discussion and recommendation is attached. The Commission wishes to continue to encourage a 10' side yard setback in the commercial and industrial zones, but proposes to expand the waiver to not only allow buildings to be attached at a property line, but to be located less than 10', but no less than 3' from the property line. Where a building is proposed to be less than 10' from a side yard, the Commission recommends that it must meet all • applicable building and fire code requirements; must be in compliance with all other setback requirements; and have at least a 10' side yard setback on the other side yard. This proposal has been reviewed by the Fire Chief who has no problem with the change provided it is clear that all building code requirements and fire separations must be adhered to where buildings are located closer than 10' to the property line. Attached is an ordinance amendment which reflects the Planning Commission's recommendation for a change. It should be noted, that with such an amendment, the 50's Grill or any other building in a commercial and industrial zoning district could have a side yard setback of less than 10' on at least one side. Recommendation It is recommended that the City Council consider and discuss the Planning Commission's ordinance amendment regarding side yard setbacks in commercial and industrial zoning district. The amendment is offered in a form that the Council could have a first reading and the proposal could then be published and set on for a public hearing at an upcoming Council meeting. 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 side yard setbacks in commercial and industrial districts. 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 SIDE YARD SETBACKS IN COMMERCIAL AND INDUSTRIAL DISTRICTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 35 -400. TABLE OF MINIMUM DISTRICT REQUIREMENTS. Every use of land within the City of Brooklyn Center shall conform to the following minimum requirements which are applicable to the Land Use District in which such use is contemplated. (Note: Refer to applicable footnotes) 3. d. Interior side yard setback requirements may be waived in commercial and industrial districts where abutting commercial and industrial property owners wish to abut along a common wall built along the property line. In other cases, commercial or industrial buildings may be set back less than ten (10) feet, but not less than three (3) feet, from not more than one of the established side lot lines, provided: (1) All other yard setback requirements are met: (2) The remaining minimum ten (10) foot interior side yard between the building and the lot line shall not be used for any accessory building: (3) The exterior wall of the building, facing the interior side yard of less than ten (10) feet, shall conform in all respects with the requirements of the State Building Code. ORDINANCE NO. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 1992. Todd Paulson, Mayor ATTEST: Deputy City Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) DISCUSSION ITEMS a. Commercial and Industrial Sideyard Setback The Secretary then introduced a discussion item of the commercial and industrial sideyard setbacks. He explained to the Commission that the 50's Grill on Brooklyn Boulevard wanted to expand its kitchen area to the south side of the building. He stated that this proposal was considered by the City Council as a discussion item in May or June of this year and that the Council directed that the matter of sideyard setbacks be considered during the Brooklyn Boulevard study. He stated that the planning consultant recommends keeping the 50' front setback at this time, but that the sideyard setbacks could be varied. The Secretary noted that the present ordinance allows for buildings to be attached, but that if they are not attached they must be at least 10' from a side interior property line. The Secretary suggested to the Commission that it consider an ordinance to allow waiver of the 10' setback requirement to either attach at the property line or to allow something less than 10' provided that the requirements of the building code are met and provided that there is at least 10' on the other side of the building. The Secretary reviewed transparencies showing optional setbacks for buildings. The Secretary noted that a 5' setback 8 -27 -92 4 would allow for openings, but that if the setback is less than 5 1 , no openings in the wall could be allowed. He stated that another concern is whether the areas that would be left between the buildings would be maintainable. He recommended that some setback requirement be retained of at least 3' if buildings are not attached and that building code requirements must be met. Chairperson Bernards asked whether these lesser setbacks would make buildings unsafe. The Secretary stated that he had talked with the fire chief about the matter and that he does not see the proposal as a problem. He noted that most buildings are fire sprinklered and that the fire chief noted that they have the same problem fighting a fire in an enclosed space at Brookdale. He stated that the fire chief indicated that he would not send a fire fighter between two buildings if the buildings were on fire whether the setback was 10' or 3 The Secretary stated that the fire chief was not concerned if the buildings were attached as long as they were sprinklered. In a response to a question from Commissioner Holmes about allowing a zero lot line setback, the Secretary stated that a zero setback could be allowed if buildings were attached, but that this should not be allowed for one building by itself. He compared the ordinance provision he was suggesting for commercial setbacks to a provision allowing a lesser setback in residential areas. Commissioner Holmes asked if there is a restriction now on fences. The Secretary responded in the negative. He stated that the City recommends keeping fences at least 6 inside a property. He added that there are fencing and screening requirements between commercial and residential properties. He stated that reducing the setback requirement would not reduce the buffer requirements. He added that Tim Griffin, of Dahlgren, Shardlow and Uban, the consultant on the Brooklyn Boulevard Study, has recommended that there be a break every so often so that the City does not have three or four blocks of attached buildings. Commissioner Mann stated that she was comfortable with the 3' setback as long as there was no openings. In response to a question from Commissioner Holmes, the Secretary explained that a solid wall would be required if the setback was less than 5 1 . Commissioner Johnson brought up the example of the Amoco Station and the Quie Viet Restaurant on Brooklyn Boulevard. The Secretary noted that there is an arm of residential land between these two properties and that this land would have to be rezoned and replatted in order for the buildings to come closer together. Commissioner Johnson asked whether the City desired some buildings to be as close as 3 The Secretary answered that he believed it is an aesthetic judgment. He stated that a 10' setback would still have to be maintained on the other side of the building. He added that Dahlgren, Shardlow and Uban recommnend keeping the 50' front yard setback since that requirement will allow for some uniformity of urban design along Brooklyn Boulevard. Chairperson Bernards concluded that the recommendation to reduce the setback would not be giving a license to build at 3 but that the 10' setback would 8-27-92 5 still be the basic setback. He asked if a 3' or a 5' setback would only be allowed in certain circumstances. The Secretary responded in the affirmative. He stated that a waiver could be allowed similar to what is acknowledged in the ordinance at present for a zero lot line setback. Commissioner Johnson asked why it should be called a waiver and why it should not be simply made an ordinance. The Secretary answered that the provision would be similar to the provision allowing a lesser setback for one and two family dwellings provided certain conditions are met. Commissioner Holmes asked how a waiver would be obtained. The Secretary answered that it would be similar to the waiver granted tonight to Omni Tool regarding the separation of driveways. He stated that a Planning Commission and Council review would be required if a site and building plan application was involved. MOTION TO DIRECT STAFF TO PREPARE AN ORDINANCE AMENDMENT ALLOWING A 3' SIDEYARD SETBACK WITH A 10' SETBACK ON THE OTHER SIDE IN COMMERCIAL AND INDUSTRIAL ZONES Motion by Commissioner Mann seconded by Commissioner Kalligher to direct staff to prepare an ordinance amendment allowing a 3' sideyard setback provided that a 10' setback was maintained on the other side and provided that Building Code requirements are met. While the motion was on the floor, Commissioner Johnson asked whether the restrictions on windows and doors are in the Building Code. The Secretary responded in the affirmative. Commissioner Kalligher asked how this would affect the 50's Grill. The Secretary answered that they could proceed with a site and building plan application at their own risk with the understanding that no building permit could be issued until after the ordinance had become effective. Voting in favor of the above motion: Chairperson Bernards, Commissioners Mann, Sander, Johnson, Holmes and Kalligher. Voting L against: none. The motion passed. b. Educational Uses in the C1 Zoning District The Secretary then referred the Commission's attention to a draft ordinance prepared for this evening's meeting to allow educational uses by special use permit in the C1 and C1A zones and to provide for parking requirements for schools and colleges. The Planner reviewed the parking formulas in the Draft Ordinance stating they came from Brooklyn Park's ordinance and also from the City's past experience with the high school and Earle Brown School. He added that he had discussed parking with the Director of Facilities of the Community College System and that it was recommended that parking be provided on the basis of 2/3 to 3/4 of a space for each "teaching station" in the building. He stated that this would allow for differences between types of classrooms, rather than sticking with one basic square footage formula. Chairperson Bernards asked whether some of the schools in the City 8 -27 -92 6 10' SIDE YARD SETBACKS I io` co` l ib rU g p 43 G 1 0 1 �b` 0 0 ZERO LOT LINE l ()or tUU � v I Sao t oo S 0 1 P VARIED SIDE YARD SETBACKS T too, �� l0 e-7 I �o` ta` VARIED SIDE YARD SETBACKS l UO� t v0 0 I I b 1 g7 l o t (o r f g� V� y) CITY OF BROOKLYN CENTER cameil Meeting Date SeOM ber Ia, I99z Agenda Item Number 1, 41 d REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: PROPOSED COUNCIL MEETING SCHEDULE DEPT. APPR er G. pliAter, City Manager MANAGER'S REVIEW/RECOM MWENDATION: No comments to supplement this report Comments below /attached SUIVIrVIARY EXPLANATION: (supplemental sheets attached ) Attached please find a copy of a calendar of the last four months of the year. You received a preliminary copy of this calendar a week ago. By code we have indicated various dates for Council meetings, holidays, Financial Commission meetings, the proposed Budget Hearing, work session dates and December Council meeting dates. Please review your calendars for conflicts, especially as it relates to the November 30, 1992, proposed 1993 Budget Hearing date. Also attached are materials we received from Hennepin County regarding the timing of County and School District Budget hearings. RECOMMENDED CITY COUNCIL ACTION Staff recommends Council, by motion, approve the meeting schedule for budget work sessions, hearings and December Council meetings. SEPTEMBER OCTOBER S M T W T F S S M T W T F S l 2- 3 4 5 1 2 3 6 8 9 10 11 12 4 F5 b 7 8 9 10 13 1 Al 10 16 17 18 19 11 R13 14 5 b 1 1 17 20 F 22 23 24 25 26 18 F 20 21 22 23 24 27 29 30 25 27 28 29 30 31 NOVEMBER DECEMBER S M T W T F S S M T W T F S 1 F2 • 4 5 6 7 1 2 A 4 5 8 191 10 A 13 14 b X 9 1 12 15 F 17 18 19 20 21 13 17 18 1 22 24 25 28 20 22 23 24 26 29 MD 27 29 30 31 �- COUNCIL MEETING Q - TRUTH IN TAXATION & X - LEGALLY UNAVAILABLE CONTINUED MEETING FOR BUDGET HEARING ®- EDA MEETING, IF NEEDED 0- BUDGET WORK SESSION ♦- HOLIDAY 0- ELECTION DAY F - FINANCIAL COMMISSION MTG DEPARTMENT OF PROPERTY TAX AND PUBLIC RECORDS A607 Government Center HENNEPIN Minneapolis, Minnesota 55487 0067 Lj U Crossroads To Service August 21, 1992 Paul W. Holmlund City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Dear Mr. Holmlund: As required by the Truth in Taxation legislation, we are notifying you of the public hearing dates set by the Hennepin County Board of Commissioners and the school districts to adopt the levy for taxes payable in 1993. Taxing District Original Hearing Reconvened Hearing Hennepin County December 8, 1992 December 15, 1992 School District No. 011 December 14, 1992 December 21, 1992 School District No. 279 December 3, 1992 December 16, 1992 School District No. 281 December 7, 1992 December 14 1992 School District No. 286 December 14, 1992 December 21, 1992 We are now asking that you set your city's dates and times for the original budget hearing and for a reconvened hearing. Although we will only be printing the original hearing date on the notice, the reconvened date needs to also be set at this time. The hearings may be held anytime between November 30, 1992 and December 21, 1992, as long as they do not fall on the dates shown above. We ask that upon determining the dates, times, places and phone number for taxpayers to call, that you fill out the enclosed form and return it to us in the envelope provided. Minnesota Statutes 275.065 requires it be returned no later than September 15, 1992. HENNEPIN COUNTY an equal opportunity employer Paul W. Holmlund August 21, 1992 page 2 The expense of preparing and mailing the Truth in Taxation notices is to be divided in thirds among the county, school and city. Each city's portion of the third will be determined by the number of parcels within your city. You will be billed in November after the mailing costs have been determined. If you have any questions, please contact me at 348 -5100. Sincerely, Patrick H. O'Connor, Director Property Tax and Public Records Marie A. Kunze Tax Receivables Division Manager PHO:MAK:sw Enclosure Truth in-Taxation-Public Hearing Dates City Name Contact Person Phone Number Public Hearing Reconvened Hearing Date: Time: Location: Phone Number: Please return this form in the enclosed envelope as soon as possible, but no later than SEPTEMBER 15, 1992. CITY OF BROOKLYN CENTER Council Meeting Date 3cvtember 1 Agenda Item Number / REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: ADDITION OF APARTMENTS TO TRESPASS ORDINANCE DEPT. APPROVAL: Gerald G. Splinter, City Man er MANAGER'S REVIEW/RECOMl��NDATION: � `�", ; t, No comments to supplement this report Comments below /attached SUM MARY EXPLANATION: (supplemental sheets attached ) a �� N CEN BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: James Lindsay, Chief of Police,. DATE: September 3, 1992 SUBJECT: Trespass Ordinance I have reviewed the ordinances regarding trespass within the city. Currently, we have ordinances 19 -216 covering trespass at any public place including any shopping areas, office buildings, shopping center, or shopping mall. We also have ordinance 19 -217 that applies to the school buildings or grounds. I have attached copies of both ordinances for your review. Neither ordinance covers apartment houses. If the city council would like to include apartments, the definitions section of 19 -216 could easily be updated to include apartments. Apartments were included in the original draft of 19 -216. I understand the council asked that apartments be removed. CITY OF BROOKLYN CENTER TRESPASS ORDINANCE Section 19 -216 TRESPASS. Subdivision 1. DEFINITIONS. a. The term "store" shall mean a retail business including a restaurant, store, motel, or office where professional services are rendered; which is open to the public, including any shopping area, office building, shopping center or shopping mall. b. The term "storekeeper" shall mean the owner, operator or agent of any retail business, office building, shopping area, shopping center or shopping mall, including an authorized security or police officer. C. The term "common area" shall mean any privately owned parking lot, restroom facility, walkway, seating area, hallway, atrium or other area designated or used by the general public in areas such as stores or shopping areas. d. The term "shopping area" shall mean any enclosed or open indoor or outdoor facility consisting of a group of stores or offices open to the public. Subdivision 2. PROHIBITION. a. No person shall enter or remain in any store or common area of any shopping area after being ordered to leave by the storekeeper. b. No person who has received a written notice in substantial conformity to the requirements of subdivision 3 shall enter in or remain upon the store covered by the notice without written permission of the storekeeper during the period stated in the notice, which period shall not be in excess of one year from the date of issuance. Notice may be by personal service or certified Is mail. Subdivision 3. NOTICE AND ORDER. a. A storekeeper may issue a notice in writing to a person whom the storekeeper has reasonable cause to believe has committed an act prohibited by the criminal laws of this state, the United States, or an ordinance of this city in the store, common area or shopping area where the store is located. Such notice shall be served immediately or within a reasonable time after the offense is believed to have occurred. b. A notice and order shall substantially conform to the following: NAME OF ESTABLISHMENT NOTICE AND ORDER TO: Name: D.O.B. Address: City: State: ZIP: You are hereby advised to leave and not return to the following premises for a period effective immediately and expiring You are further advised that violation of this Notice and Ordei could subject you to criminal prosecution under Brooklyn Center City Code, Subsection 19 -216, Subdivision 2. Date Issued: Time: Name of Company: i Authorized Signature: Witnesses: Witnesses should sign only if personally observing service of a copy of this Notice to the above -named individual. Subdivision 4. PENALTIES. A violation of this ordinance shall be punished as a petty misdemeanor unless the violation is accompanied by force or violence or the threat thereof, or the person has previously violated this subsection within the preceding twelve (12) months, in which case the violation shall be a misdemeanor. Section 19 -217. CONDUCT IN OR NEAR SCHOOL BUILDINGS OR GROUNDS. Subdivision 1. DEFINITIONS. As used in this section, the following terms shall mean: a. "Public school" shall be any school building, school grounds, play area, parking lot or athletic field owned or leased by a public school district. b. "School official" shall be the principal, assistant or associate principal, school security person, any schoolteacher, or the principal's designee. Subdivision 2. PROHIBITION. No person shall trespass in or upon any public school by remaining upon said school premises after being ordered to leave the public school by a school official. Subdivision 3. PERMISSION REQUIRED FOR RE- ENTRY. No person, having been ordered by a school official to leave a public school and having left said premises, shall re -enter said public school without the written permission of the school principal or the school official who gave the order to leave the public school. Subdivision 4. DEFACEMENT OF SCHOOL BUILDINGS. No person shall mark with ink, paint, chalk or other substance, or post hand bills on, or in any other manner deface or injure fences, trees, lawns or fixtures appurtenant to or located on the public school. No signs shall be placed or posted anywhere on a public school without the express permission of a school official. CITY OF BROOKLYN CENTER Council Meeting Date_ ' — / _ / 2— Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH THE STATE OF MINNESOTA FOR THE PURPOSE OF CONDUCTING THE FIRST STAGE OF A FOUR - CITY BUSINESS RETENTION AND LOCAL MARKET EXPANSION PILOT PROJECT DEPT. APPROVAL: Brad Hoffman, EDA Coordinator 7: 4 MANAGER'S REVIEW/RECONMENDATION: =vt No comments to supplement this report Comments below /attached • SLIVEVIARY EXPLANATION: (supplemental sheets attached _) This resolution authorizes the execution of an agreement between the State of Minnesota and the City of Brooklyn Center to be the recipient of $50,000 for the development of local business retention /job expansion program. i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH THE STATE OF MINNESOTA FOR THE PURPOSE OF CONDUCTING THE FIRST STAGE OF A FOUR -CITY BUSINESS RETENTION AND LOCAL MARKET EXPANSION PILOT PROJECT WHEREAS, the cities of Brooklyn Center, Brooklyn Park, and Blaine have entered into a Joint Powers Agreement to develop and promote a business retention. and local market expansion program; and WHEREAS, Brooklyn Center has been designated as the City to be the recipient and coordinator of grants and funds from outside sources; and WHEREAS, the State of Minnesota has awarded Brooklyn Center a $50,000 grant for the purpose of developing the pilot business expansion /retention program. NOW, THEREFORE, BE IT RESOLVED that the City of Brooklyn Center enter into a grant agreement with the State of Minnesota for the purpose of conducting the first stage of a four -city business retention and local market expansion pilot project to be conducted during the period from July 1, 1992 through July 1, 1993. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute such agreements as are necessary to implement the project on behalf of the City of Brooklyn Center. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon the followin g 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 09/14/9 Agenda y/7 Agenda Item Number / 6 — `-� " REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR REMOVAL OF HOUSE AT 4100 - 51ST AVENUE NORTH, IMPROVEMENT PROJECT NO. 1992 -12, CONTRACT 1992 -J ************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: Sy Knapp, rector df Public Works MANAGER'S REVIEW/RECOMI\/IENDATION: . .. ' af: r No comments to supplement this report Comments below /attached MYLV ARY EXPLANATION: (supplemental sheets attached • At its regular meeting of July 27, 1992, the City Council adopted Resolution No. 92 -177, which approved specifications and authorized advertisement for bids for the removal of the house at 4100 - 51st Avenue North. Bids for this project were received and opened on September 3, 1992. The three demolition companies who submitted bids for the work are as follows: Bidder Bid Veit & Company $7,691.30 R.J. Valek Trucking & Excavating $8,213.00 Holst Excavating $9,246.00 Veit & Company is a reputable heavy construction /demolition contractor who has performed satisfactorily for communities throughout the Metro area. Accordingly, staff recommends acceptance of the low bid for the removal of the house and award of the contract to Veit & Company. Note The specifications for this project, similar to the specifications used for the house removal contracts along 69th Avenue North, were developed so as to allow for house removal by either moving or demolition. However, no house moving contractors expressed interest and none of the demolition contractors submitted bids for purchasing (moving) the house. RECOMMENDED CITY COUNCIL ACTION A resolution accepting bid and awarding contract to Veit & Company is provided for consideration. I • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR REMOVAL OF HOUSE AT 4100 - 51ST AVENUE NORTH, IMPROVEMENT PROJECT NO. 1992 -12, CONTRACT 1992 -J WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 1992 -12, Removal of House at 4100 - 51st Avenue North, the following bids were received, opened and tabulated by the City Engineer, on the 3rd day of September, 1992: Bidder Bid Veit & Company $7,691.30 R. J. Valek Trucking & Excavating $8,213.00 Holst Excavating $9,246.00 WHEREAS, it appears that Veit & Company, of Rogers, Minnesota has submitted the lowest bid for the removal of the house. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that the City Manager is hereby authorized to execute a contract with Veit & Company for the removal of the house at 4100 - 51st Avenue North, in the amount of $7,691.30. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 09/14/92 Agenda Item Number S �' — REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACCEPTING PROPOSAL FOR DEVELOPMENT OF PAVEMENT MANAGEMENT PROGRAM, IMPROVEMENT PROJECT NO. 1992 -17, AND ALLOCATING FUNDS THEREFORE DEPT. APPROVAL: r -� Sy Knapp, Direct6r of P'u lic Works MANAGER'S REVIEW /RECOMMENDATION: .r�.`. No comments to supplement this report Comments below /att hed SUMMARY EXPLANATION: (supplemental sheets attached Yes • At its last meeting, the City Council considered a resolution regarding the development of a Pavement Management Program (PMP) for the City. A motion was passed which tabled the item pending receipt of additional information regarding the cost - effectiveness and estimated payback of the proposed program. Attached to this report is a copy of a memorandum from City Engineer Mark Maloney which supplies some information provided by other municipalities which utilize a PMP similar to that which has been proposed for Brooklyn Center. RECOMMENDED CITY COUNCIL ACTION A resolution which accepts the proposal and approves execution of a contract with Braun Intertec Pavement, Inc. is attached for consideration by the City Council. w CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 B ROOKLYN TELEPHONE: 569 -3300 13 C ENTER FAX: 569 -3494 EMERGENCY - POLICE - FIRE 911 MEMORANDUM DATE: August 27, 1992 TO: Gerald G. Splinter, City Manager FROM: Mark J. Maloney, City Engineer RE: Proposed Pavement Management Program With regard to the cost - effectiveness of a Pavement Management Program (PMP) for the City of Brooklyn Center, I have contacted a few municipalities that currently use programs of the type proposed for Brooklyn Center. The City of Bloomington has supplied the following information: - Their estimate at this time is that if they continue to maintain their streets as they have in the past, the proportion of "problem" roadways will increase from 3% to more than 50 %. - The initial results of their PMP indicate a total street maintenance /rehabilitation budget of $87 million over the next 20 years, assuming the same strategies that were previously used to determine priority, severity, etc. - The PMP indicates that, using the recommended (optimum) maintenance /rehabilitation strategies, the same system of streets COLIld be sustained (or even improved) at a 20 year total cost of $57 million, or $30 million less over the same time span. - In addition, the City of Bloomington has indicated that they expect lower street assessment rates as an indirect result of the use of their PMP. m c - Attached is a graphic interpretation of life -cycle costs for a generic residential street in Bloomington. It indicates that by applying the optimum strategy at the right time, as recommended by their PMP, the total cost of maintaining the pavement is considerably lower when compared with the costs of their current strategy. The City of Roseville has supplied the following information: - Staff's September 18, 1986 report to their City Council included the statement, "This (pavement management) program would be a 20 year undertaking, and over its life of activities would be expected to save the city approximately 5.5 million dollars ". - The recommendations of Roseville's PMP have been integrated into their two -phase street improvement program which has reconstructed /rehabilitated an average of 3.8 miles of paved streets per year. In Brooklyn Center, we sealcoat (and patch) approximately 10 miles of City streets per year. The combined cost of City patching and contracted sealcoating is approximately $26,000 per mile, or $260,000 per year. Based on our knowledge of the condition of the City's pavements, it would be accurate to assume that a pavement management program, similar to those utilized by Bloomington and Roseville, would recommend that at least 20% (21 miles) of the streets n is our system would be candidates for mayor reconstruction or overlay sometime in the next 10 years. Given that understanding, it would seem to be a waste to sealcoat those streets prior to some more - intensive rehabilitation. If you assume that, on average, these candidate streets only received 50% of the sealcoat benefit (their surface was replaced before the sealcoat was only half worn out), the unnecessary expenditure by the City would be approximated as: 21 miles x $26,000 per mile x 50% effectiveness = $ 273,000 over the next 10 years or $27,300 per year Based on the above analysis, the initial proposed pavement management program, which would have identified which streets not to sealcoat, could conceivably pay for itself in 2.1 years, assuming a start -up cost of $56,320. LIFE CYCLE COST COM*PARISON ffYPICAL RESIDENTIAL ROAD) cn oc •00 < 800- 0 'SRI" ry4 sy �..y'M`. �✓ ' �'� 60 CURRENT W ca 500- > . (n w 400 300- i � i ` � �� � 3 'tt ♦ '.t. �t li 0 - 1 ri I I I I I I I I IT! I I I I I I I I m! I I I I I i Fri I ITn-Fr 0 1 2 0 30 40 50 60 YEARS' 1 S 1 c Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING PROPOSAL FOR DEVELOPMENT OF A PAVEMENT MANAGEMENT PROGRAM, IMPROVEMENT PROJECT NO. 1992 -17, AND ALLOCATING FUNDS THEREFORE WHEREAS, Resolution No. 92 -152, adopted June 22, 1992, authorizes the solicitation of proposals from consultants for the development of Brooklyn Center's Pavement Management Program; and WHEREAS, the City's approved "Policy for Procurement of Professional Services" rovides for the creation of a s committee, p election c mmittee, hose composition was approved by Resolution No. 92 -152; and WHEREAS, the selection committee has recommended that the City enter into a contract with the firm Braun Intertec Pavement, Inc., for the provision of professional services in conjunction with the development of Brooklyn Center's Pavement Management Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The report and recommendation of the selection committee is hereby accepted. 2. The Mayor and City Manager are hereby authorized and directed to enter into a professional services contract between the City of Brooklyn Center and Braun Intertec Pavement, Inc. 3. Funding for the costs of this project shall be provided by (1) the $25,250 appropriation provided in Division 120, Data Processing, of the 1992 General Fund budget; and (2) a supplemental appropriation of $30,070 from the Municipal State Aid Street Fund, Account No. 2911. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 9/14/92 • Agenda I1cm Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES DEPT. APPROVAL: Knapp,' Director of Public Works MANAGERS REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached ************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SU1 EMLARY 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. Member introduced the following resolution and moved its adoption: 0 RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES (ORDER NO. DST 09/14/92 ) 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 ---------------------- - - - - -- ----------------------- - - - - -- -- - - - - -- JOHN MARA 6224 KYLE AVE N 263 STEVEN & DAWN NORTHWAY 7043 PERRY AVE N 264 STEVEN & DAWN NORTHWAY 7043 PERRY AVE N 265 VICKY & ALLAN OLSON 7124 WILLOW LA N 266 VICKY & ALLAN OLSON 7124 WILLOW LA N 267 ROBERT NETTLE 4937 BROOKLYN BLVD 268 MARY ANN BARTLETT 3800 WOODBINE LA 269 ROBERT & KAREN THATCHER 7124 HALIFAX AVE N 270 HARRY & LINDA HECKART 2900 O'HENRY RD 271 HARRY & LINDA HECKART 2900 O'HENRY RD 272 PAUL MCCORMICK 5119 WINCHESTER LA 273 SHIRLEY FREDRICKSON 4619 WINCHESTER LA 274 ALLISON & LORNA ITTEL 4618 WINCHESTER LA 275 JOHN & BARBARA LIDBERG 4412 WINCHESTER LA 276 RICHARD /KATHLEEN ANDERSON 901 73RD AVE N 277 JOSEPH & RUTH CLARK 6043 EWING AVE N 278 2. After twenty (20) days from the date of the notice, the property owner(s) will receive a second written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. All removal costs, including legal, financing, and administrative charges, shall be specially assessed against the property. Date Mayor ATTEST: Deputy City Clerk The motion for the adoption of the foregoing oin resolution was duly seconded g g b Y Y member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date Seutcmber I 1992 Agenda Item Number �� E REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACCEPTING QUOTES FOR REPAIR OF TENNIS COURTS AT KYLAWN AND NORTHPORT PARKS DEPT. APPROVAL: Patricia A. Oage, Deputy City Clerk MANAGER'S REVIEW/RECOAMENDATION: No comments to supplement this report Comments below /attached • SUMMARY EXPLANATION: (supplemental sheets attached ) Repairs are needed to tennis courts at Kylawn and Northport Parks. An appropration was approved in the Parks Maintenance budget for Parks Courts Repair. Three quotations have been received for these repairs. I recommend accepting the quote from Gopher State Sealcoat, Inc., in the amount of $5,900. RECOMMENDED CITY COUNCIL ACTION I recommend approval of the attached resolution. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING QUOTES FOR REPAIR OF TENNIS COURTS AT KYLAWN AND NORTHPORT PARKS WHEREAS, an appropriation was approved in the 1992 budget for Parks Courts Repair; and WHEREAS, three quotations were received for repair of courts at Kylawn and Northport Parks as follows: Company Quote Gopher State Sealcoat, Inc. $5,900.00 Tennis West Ltd. $6,666.00 Sjostrom Inc. $6,676.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the quotation from Gopher State Sealcoat, Inc. in the amount of $5,900 for repair of tennis courts at Kylawn and Northport Parks is hereby accepted. 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 9 14 92 Agenda Item Number � Q_ REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Performance Guarantee Release ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: a-zy . J"j Ronald A. Warren, Director of Planning and Inspection MANAGER'S REVIEW RECOMMENDATION: `,,. t i. a�fw' No comments to supplement this report Comments below /attached ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached ) The following performance guarantee is recommended for release: 1. Marquette Bank Brookdale 5620 Brooklyn Boulevard Planning Commission Application 91010 Amount of Guarantee - $77,00 Letter of Credit Obligor - Marquette Bank Brookdale All site improvements have been completed essentially according to the approved plan. Some landscaping was relocated. Other landscaping was omitted because there simply was not room for all the plantings proposed. The resulting landscaping is still well in excess of what is required by the Landscape Point System. An as -built utility survey has been submitted and was accepted by the City Engineer. Recommend total release. Submitted by,, � r Gary Shallcross Planner CITY OF BROOKLYN CENTER Council Meeting Date 9/14/92 Agenda Item Number _ 40 REQUEST FOR COUNCIL CONSIDERATION ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: LICENSES DEPT. APPROVAL: Sharon Knutson, Deputy City Clerk MANAGER'S REVIEW/RECOABIENDATION: No comments to supplement this report Comments below /attached SUAW ARY EXPLANATION: (supplemental sheets attached ) Attached is the list of licenses to be approved by the city council. • RECOMMENDED CITY COUNCIL ACTION Approve licenses. Licenses to be approved by the City Council on September 14, 1992: GARBAGE AND REFUSE COLLECTION VEHICLES (� Browning Ferris Industries of MN 9813 Flying Cloud Drive r •� Sanitarian - k. RENTAL DWELLINGS Initial: Robert H. Levine Shingle Creek Apts. Jay Nelson Battenberg 5235 Drew Ave. N. Lenard Braun 6525 -27 -29 Willow Lane Renewal: James Ferrara 6031 Brooklyn Blvd. Paul Enge 4748 Twin Lake Ave. N. Victor and Jean Huang 3813 72nd Ave. N. (�tJ Director of Planning and Inspections GENERAL APPROVAL: P P P. Page, Dep y Clerk