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HomeMy WebLinkAbout1992 01-13 CCP Regular Session 4 CITY COUNCIL AGENDA . CITY OF BROOKLYN CENTER JANUARY 13, 1992 7 p.m. 1. Call to Order 2. Roll Call 3. Opening Ceremonies 4. Employee Service Recognition Program -This is the 13th annual presentation by the City Council of service awards to City employees to recognize years of service to the City. 5. Open Forum 6. Select Mayor Pro tem 7. 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. 8. Approval of Minutes: *a. December 11, 1991 - Special Session *b. December 16, 1991 - Regular Session 9. Mayoral Appointments: *a. Planning Commission *b. Human Rights & Resources Commission *c. Park & Recreation Commission *d. Housing Commission *e. Northwest Hennepin Human Services Council 10. Designate Official Newspaper - Brooklyn Center Sun -Post 11. Public Hearing: (7:15 p.m.) a. Public Hearing on the Proposed Issuance of General Obligation Tax Increment Refunding Bonds, Series 1992A of _ the City of Brooklyn Center, Minnesota 1. Resolution Awarding the Sale of $4,275,000 General Obligation Tax Increment Refunding Bonds, Series 1992A; Fixing Their Form and Specifications; Directing Their Execution and Delivery; Providing for Their Payment; Providing for the Escrowing and Investment of the Proceeds Thereof; and Providing for the Redemption • of Bonds Refunded Thereby • CITY COUNCIL AGENDA -2- January 13, 1992 12. Ordinances: a. An Ordinance Amending Chapter 35 of the City Ordinances Regarding the City Council's Review of Site and Building Plans (7:15 p.m.) -This ordinance was offered for a first reading on December 2, 1991, published in the City's official newspaper on December 11, 1991, and is offered this evening for a second reading. The Planning Commission reviewed and recommended this ordinance amendment for adoption at its November 21, 1991, meeting. b. An Ordinance Adding Sections 23 -601 through 23 -633 to the City Ordinances Relating to Pawnbrokers and Secondhand Dealers (7:30 p.m.) -This ordinance was offered for a first reading on December 16, 1991, published in the City's official newspaper on December 25, 1991, and is offered this evening for a second reading. 1. Resolution Setting Fees for Pawn Shop and Secondhand Goods Dealers Licenses and Investigations Thereof c. An Ordinance Amending Chapter 34 of the City Ordinances Regarding Wall and Freestanding Signs in the C -2, I -1 and • I -2 Zoning Districts -The City Council discussed this ordinance amendment proposal at its December 2, 1991, and December 16, 1991, meetings. The amendment reduces the amount of allowable wall signs in the stated zoning districts from the current 300 of the wall area to 15 %. The ordinance also establishes a provision to allow additional freestanding signs in these zoning districts provided the establishments agree to forego all other permitted wall signs and comply with various standards established. This ordinance amendment is offered for a first reading. 13. Discussion Items: a. RFP for Executive Compensation Study b. An Ordinance Relating to Development of a Community Forestry Work Plan, and Policies Regarding Public Tree Care c. Status Report Regarding 69th Avenue Street Improvements d. Report of 1991 Activities of the Administrative Traffic Committee e. A Zoning Ordinance Amendment Requiring Minimum Separation between a 24 Hour Commercial Operation and Certain • Residential Properties CITY COUNCIL AGENDA -3- January 13, 1992 • f. Minnesota Housing Finance Agency (MHFA) Blighted Residential Property Acquisition and Rehabilitation Program and Single- Family Capital Reserve Program 1. Resolution Designating Neighborhood for Blighted Residential Property Acquisition and Rehabilitation Program g. City Council Work Session and Special Meeting Schedule h. Financial Task Force Recommendation on Financial and Service Prioritization Process i. 1992 Brooklyn Center Legislative Program 14. Resolutions: *a. Establishing Project, Approving Plans and Specifications, and Authorizing Advertisement for Bids for Improvement Project No. 1992 -05, Well No. 3 Sand Removal *b. Establishing Project, Accepting Proposal and Awarding Contract for Improvement Project No. 1992 -06, Well No. 7 Maintenance . *c. Accepting Bids and Authorizing Purchase of Five (5) Compact Police Sedans - Appropriation approved in 1992 Police Budget. *d. Accepting Bids and Authorizing Purchase of One (1) Compact Cargo Van - Appropriation approved in 1992 Animal Control Budget. *e. Expressing Recognition of and Appreciation for the Dedicated Public Service of Lowell Ainas *f. Expressing Recognition of and Appreciation for the Dedicated Public Service of Dave Skeels *g. Authorizing Replacement of Damaged Police Vehicle *h. Amending the 1992 General Fund Budget and Approving the Purchase of Equipment and Authorizing the Transfer of _ Funds from Drug Forfeiture Monies *i. Establishing an Interest Rate on Loans from the Investment Trust Fund to Other Funds of the City of Brooklyn Center j. Amending 1992 Pay Plan *k. Designating Depositories of City Funds *1. Amending the 1991 General Fund Budget to Increase Appropriations for Various Operating Departments and Carrying Forward Certain Appropriations to the 1992 Budget CITY COUNCIL AGENDA -4- January 13, 1992 *m. Amending the 1992 Budget to Provide for Purchase of Signs and Cigarette Receptacles *n. Authorizing Purchase of 20 Pagers Approved in the 1992 Fire Department Budget *15. Licenses 16. Adjournment S CITY OF BROOKLYN CENTER ANNUAL EMPLOYEE RECOGNITION NIGHT • CITY COUNCIL CHAMBERS 7:00 P.M. JANUARY 13, 1992 CITY OF BROOKLYN CENTER ANNUAL EMPLOYEE RECOGNITION NIGHT January 13, 1992 Tonight is the thirteenth annual presentation by the City Council of service awards to City Employees to recognize years of service to the City. Recognition is to be given tonight to those employees who have observed the anniversary of twenty, twenty -five, or thirty years permanent full -time employment with the City. The awards are a part of a service recognition program approved by the City Council in 1979. Five persons, who are listed below, will receive awards this evening. EMPLOYEES WITH TWENTY YEARS OF SERVICE RICHARD FRYER Police Officer May 18, 1971 • EMPLOYEES WITH TWENTY -FIVE YEARS OF SERVICE SCOTT KLINE Police Captain January 17, 1966 DONALD SPEHN Police Officer January 17, 1966 EMPLOYEES WITH THIRTY YEARS OF SERVICE RICHARD HANDY Police Officer January 8, 1962 RICHARD SCHWAB Public Works Superintendent April 25, 1961 The employees recognized this evening are representative of all City employees who serve their City well. r LISTING OF ACTIVE CITY EMPLOYEES WITH TWENTY OR MORE YEARS OF SERVICE AS OF JANUARY 13, 1992 THIRTY -FIVE OR MORE YEARS OF SERVICE ROBERT CAHLANDER, Supervisor of Streets and Parks (36) THIRTY OR MORE YEARS OF SERVICE JAWS LINDSAY, Chief of Police (33) RICHARD SCHWAB, Public Works Superintendent (30) RICHARD HANDY, Police Officer (30) TWENTY -FIVE OR MORE YEARS OF SERVICE LEROY CHRISTENSON, Police Officer (29) GARY GIVING Engineering Technician (28) DONALD SOLLARS, Police Sergeant (28) PAUL HOLMLUND, Director of Finance (27) DAVID WERNER, Police Sergeant (26) SCOTT KIM, Police Captain (25) DONALD SPEHN, Police Officer (25) TWENTY OR MORE YEARS OF SERVICE M. ROBERT HOLMES, Public Works Dispatcher (24) ERLAND SIIELLEY, Police Officer (24) GREGORY WEEKS, Police Sergeant (23) AL HARTMANN, Engineering Technician (22) KATHY FLESHER, Recreation Program Supervisor (22) ARNIE MAVIS, Director of Recreation (22) JOIN BENTZEN, Parks Maintenance (22) RON PEARSON, Police Dispatcher (21) LARRY HANSEN, Street Maintenance (21) PAUL MONTEEN, Police Captain (21) RICHARD FRYER, Police Officer (20) MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL SESSION DECEMBER 11, 1991 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in special session and was called to order by Mayor Paulson at 8:05 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Celia Scott, Jerry Pedlar, Dave Rosene and Philip Cohen. Also present were City Manager Gerald Splinter, City Attorney Charlie LeFevere and Personnel Coordinator Geralyn Barone (present at 8:30 p.m.). Mayor Paulson stated the purpose of the meeting was to determine whether or not to enter into Executive Session to discuss labor relations matters and staff salaries. Councilmember Cohen requested the City Attorney to review his December 9, 1991, letter regarding the open meeting law. The City Attorney reviewed the letter stating the current open meeting law could be construed to allow the Council to enter into Executive Session regarding labor relations matters if related to contracts with public employees and its relationship to staff administrative salaries. Councilmember Cohen expressed reservations about entering into an Executive Session as he had been sued over noncompliance with the open meeting law when he had previously been Mayor of Brooklyn Center and it was not a pleasurable experience. He stated he was in favor of treating management and supervisory employees in an equal manner to other employees because he believed it was fair and would be in compliance with the pay equity act, PELRA law and human rights act. Councilmember Cohen also believed there was a potential for age discrimination if retiring department heads were treated differentially from other personnel for salary increases. Mayor Paulson wanted to discuss the salary relationships under the current policy versus possibly some other policies regarding executive and department head and supervisory salaries. Councilmember Cohen commented during review of the City Attorney's December 9, 1991, letter he stated it was not completely clear this could be an acceptable Executive Session under the law. He noted he had been involved in a law suit regarding this type of matter about 15 years ago and it was not the type of experience he cared to repeat. 12 -11 -91 -1- Councilmember Scott remembered the consternation of the open meeting lawsuit Councilmember Cohen referred to and didn't believe the discussion of nonorganized salaries fit under the open meeting law. Councilmember Cohen stated the issue Mayor Paulson wanted to discuss was the freezing of administrative salaries and /or lesser salaries for administrative supervisory personnel. He stated he didn't believe it was necessary to hold an Executive Session to discuss our policy regarding that matter. Mayor Paulson stated he believed Council could go into Executive Session for these type policy matters but he was willing to continue in the open meeting and he would want to go into Executive Session if he believed during the open meeting that staff input limits or hinders Council policy discussion of this matter. Councilmember Rosene expressed concern over going into an Executive Session without a secretary to handle the recording and take custody of the recording tapes. Councilmember Pedlar stated his preference for a performance pay and evaluation system and the review of those systems by the Financial Task Force and /or a professional consultant. At the request of Councilmember Cohen, Personnel Coordinator Barone reviewed the implementation process for comp worth legislation and reviewed the major features of the pay plan. She also reviewed some of the requirements of the comparable worth law as it related to treating various classes of employees on a consistent basis to maintain the compliance with the comparable worth law. Mayor Paulson stated this process boils down to equitable treatment and pay for performance. Councilmember Cohen commented he believed in addition to those elements the market factor had to be addressed along with comparable worth. Councilmember Pedlar stated he had reviewed the market pay ranges in the Stanton Survey. He noted he did not have enough information to make judgements that Brooklyn Center's pay ranges were proper when compared to Brooklyn Center's Executive Pay Plan but he believed a review by the Financial Task Force and /or a consultant could clarify that situation. Councilmember Cohen suggested a professional consulting analysis of the executive pay plan to resolve the questions of whether or not the Brooklyn Center pay ranges were proper. Mayor Paulson said his review of the Stanton Survey revealed the executives were over paid and the lower level employees were underpaid and the part time employees should receive benefits. 12 -11 -91 -2- `� r Councilmembers Scott, Cohen and Pedlar stated they didn't believe their review of the Stanton Survey indicated the pay ranges in the current Brooklyn Center plan were out of line. Councilmember Cohen stated he would be comfortable with a professional analysis of the pay plan similar to the. one done in the late 1970s. Councilmember Pedlar suggested the Council conduct this type of study by such a consultant as Haye and Associates. He noted the consultant could review our executive pay plan position by position and compare it with similar communities and job descriptions with care given to making sure the jobs in other communities were parallel or similar to those in Brooklyn Center. Councilmember Scott stated the study should take into account the experience level and employment term of the various incumbents in Brooklyn Center and in other communities. There was a motion by Councilmember Pedlar and seconded by Councilmember Cohen directing staff to prepare a 1992 pay plan resolution to facilitate the Council's review of the salary process which would accomplish the following: 1. Keep the 1991 Executive Salary Pay Plan pay ranges at the 1991 levels. 2. Provide for an increase in the compensation levels of all personnel on the Executive Salary plan of 2.9% on each bi- weekly pay period and $20.00 per month additional heath insurance employer contribution. 3. Salary level and pay ranges are to be the subject of a consultant review of job comparisons, salaries and salary ranges. The motion passed unanimously. There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar directing staff to prepare a Request for Proposals for a professional study of the Executive Pay Plan and salaries and performance review system. The motion passed unanimously. Councilmember Rosene commented it appeared there was compression between the salary levels of department head salaries and the personnel they supervise. He state compression appeared to be alive and well in Brooklyn Center. Members of the City Council requested the City Manager to inform the city staff that these actions should not be interpreted negatively as the City Council believes the staff has performed well. 12 -11 -91 -3- ADJOURNMENT There was a motion by Counciimember Pedlar and seconded by Councilmember Cohen to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:17 p.m. 12 -11 -91 4- I� MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BRQQKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION DECEMBER 16, 1991 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson at 7 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Celia Scott, Jerry Pedlar, and Philip Cohen. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Finance Director Paul HQlralund, Director of Planning and Inspection Ron Warren, City Attorney Charlie LeFevere, Portionnel Coordinator Geralyn Barone, Assistant EDA Director Tom Bublitz, and Council Secretary Peggy McNabb. • The Mayor noted Councilmember Rosene would be arriving late. OPENINi CEREMONIES The Council and staff obx 'Ycd a few moments of silence and self- reflection. -OPEN FORUM Mayor Paulson noted the Council had not received any requests to use the open forum session this evening. He inquired if there was anyone present who wished to address the Council. There being none, he continued with the regular agenda items. COUNCIL REPORTS There wcrc no council reports. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquirod if any Councilmembers requested any iterns be removed from the consent agenda. No requests were made. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar approving the agenda and consent agenda. The motion passed unanimously. • 12/16/91 - 1 - a APPROV OF MINUTES NOVEMBER 25, 1991 - SPECIAL SESSION There was a motion by Councilmember Cohen and seconded by Councilmember Scott approving the minutes of the November 25, 1991, special session as submitted. The motion passed unanimously, DECEIt 3ER 2, 1991 - SPECIAL SESSION There was a motion by Councilmember Scott and seconded by Councilmcmbcr Cohen approving the minutes of the December 2, 1991, special session as submitted. The motion passed, Councilmcmber Pedlar abstained. RE LUTION RESOLLITIQN NO. 91 -275 Mcinber Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING WATER AND SANITARY SEWER HOOKUP RATES FOR CALENDAR YEAR 1992 The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -276 • Member Cclia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING ASSESSMENT RATES FOR S'T'REET IMPROVEMENT PROJECTS IN RESMENTIAL AREAS IN 1992 The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously, RESOLUTION NO. 91 -277 Memhcr Celia Scott introduced the following resolution and moved its adoption: RESOLUTION CLOSING THE 1976 SPECIAL ASSESSMENT DEBT SERVICE FUND AND TRANSFERRING THE REMAINING FUNDS TO THE EDA FUND, THE CAPITAL IMPROVEMENTS FUND, THE SPECIAL ASSESSMENT CONSTRUCTION FUND, AND THE PARK BONDS OF 1980 DEBT SERVICE FUND The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. 12l 16 91 -2- • i • RESOLUTION NO. 91 -278 Nlemb� Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING A DATE FOR A PUBLIC HEARING REGARDING THE ISSUANCE OF THE CITY'S TAX INC REMENT RE BONDS, SERIES 1992A The motion for the adoption of the foregoing resolution was duly seconded by member ,Terry Pedlar, and the motion passed unanimously. RFSOLUTION NO. 91 -279 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF FIVE (5) SQUAD CARS The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. R LU TION NO. 91 - 280 Memhcr Celia Scott introduccd the following resolution and moved its adoption: • RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF ONE (1) COMPACT CARGO VAN FOR ANIMAL CONTROL The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RES Lt JTION NO. 91-281 Member Celia Scutt introduccd the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING PAYMENT FOR INTERCEPTOR SEWERTELEVISING /CLEANING, IMPROVEMENT PROJECT NO. 1991 - 24 The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. 12/16,91 3 RESOLUTION NQ. 91 -282 Nlcmbcr Celia Scutt introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTE FOR REPAIR AND SERVICE TO AMERICAN LAFRANCE FIRE TRUCK The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. LIC There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the following list of licenses: BOWLI ALLEY Earle Brown Bowl 6440 James Circle COURTESY BENCH U.S. Bench Corporation 3300 Snelling Avenue GASOLI SERVICE STATION Brookdalc Unocal 76 5710 Xerxes Avenue N Brooklyn Center Service "76" 6245 Brooklyn Blvd Christy's Auto Service 5300 Dupont Avenue N • Metropolitan Transit Commission 6845 Shingle Creek Parkway Thompson Lumber Company 4810 North Lilac Drive Wes' Amoco 6044 Brooklyn Blvd L QDGI N G ESTABLISHMENT Northwest Residuiwu 4408 - 69th Avenuc N Super 8 Motel 6445 James Circle MECHANICAL SYSTEMS Brooklyn Air Beating and A/C 5801 Lyndale Avenue N POOL AND BILLIARDS TABLES Lynhronk Bawl 6357 N Lilac Drivc P_1 BLI ! DANCE Earle Brown Bowl 6440 James Circle RENT DWELLINGS Initial: George I. Kosmides Lyn -River Apts. Vincent D. Pappone 4201 Lakc�iidc Avenue N -- #318 12/16/91 - • / /91 4 Renewal: James Lupient Basswood Apts. Rudolph 01suu 6505 Brooklyn Blvd Patti Zocrb 5900 Camden Ave N Rafael Rocha 5326 .lames Ave N Richard and Kathy Allen 5336 N Lilac Drive Anna Gullord 5337 - 39 Queen Ave N Robert Messersmith 5338 Queen Ave N Stc,ven D. Lanier 5256 L 'rein Lake Blvd Norton Rockler 1329 - 63rd Lane N Omar and Kathrine Schmidt 5352 - 72nd Circle N SP ECIAI. FOOD HANDLING ESTABLISHMENT Wes' Amoco 6044 Brooklyn Blvd TOB ;O RELATED PRODUCT Brookdale Unocal 76 ,5710 Xcrscs Ave N Brooklyn a-nter Service '76" 6245 Brooklyn Blvd Brooks Food Market 6804 Humboldt Ave N Cole's Gift Shop 2200 Freeway Blvd Country Club Market 5715 Morgan Ave N Earle Brown Bowl 6440 James Circle Lynbrook Bowl 6357 N Lilac Drive Wes' Amoco 6044 Brooklyn Blvd The motion passed unanimously. PLANNING COMMISSION ITEMS PLANNING CCfMMISSION APPLICATIONS NOS. 91021 &. 91022 -- BROOKLYN CENTER SCHOOL DISTRICT The City Manager presented Planning Commission Application Nos. 91021 and 91022 suhmitted by the Brooklyn Center School District. Application No. 91021 is a request for site and building plan and special use permit approval to construct a media center addition and an addition with a gymnasium, auditorium and music rooms at the Brooklyn Center Junior- Senior High School, 6500 Humboldt Avenue North. Application No. 91022 is a request for site and building plan and special use permit approval to construct building additions for classrooms, a media center and a music suite at the Earle Brown Elementary School, 5900 Humboldt Avenue North. Both applications were reviewed and recommended for approval by the Planning Commission at its December 5, 1991, meeting. 12/16/91 - 5 - i The Director of Planning and Inspection reviewed each application. Application No. 91021 • includes two additions to the Brooklyn Center Junior Senior High School; onu Using an 8,835 square font media center in the corner where the north and west wings meet; and the second being a much larger addition on the east side for a practice gym, an auditorium, vocal and instrumental music rooms, a board room and restrooms. Application Na. 9 includes three additions to the Earle Brown Elementary School for two new classrooms at the north end of the west wing of the school, a media center and a music suite. He then reviewed the location /use, access /parking, landscaping, grading/drainage /utilities, building additions, a as c ontained in and speci standards of ea application c� ligh ting/trash, al use s ns a P PP Planni sheets attached to the December 5 1991 Planning nni Commission t5 attac , a n Cc n , & g Commission meeting minutes. He advised the Council both applications are subject to approval by the Shingle Crock Watershed Management U)mmission since both sites are over five acres He then reviewed the conditions each application is subject to as recommended by the Planning Commission. Application No. 91021 is subject to 11 conditions as contained in the December 5, 1991, Planning Commission meeting minutes, and Application No. 91022 is subject to 12 conditions as contained in the December 5, 1991, Planning Commission meeting minutes. The Director of Planning and Inspection advised the Council notices of the Council's consideration of thes applications had been sent, and representatives froze, Brooklyn Ccntcr School District were present at the meeting. The City Manager recommended that Council approval of both applications include the removal of "and financial guarantee (in an amount to be determined by the City Manager)" from condition No. 3 of both ap Mayor Paulson opened the meeting for the purpose of a public hearing regarding Planning Commission Application No. 91021 submitted by Brooklyn Center School District at 7 ;28 p,m. He inquired if there was anyone present who wished to address the Council. Councilrnember Scott expressed strong support for the proposed expansions. She stated she was glad to see media centers were an integral part of the plan, as they have bcco,ile the heart of the school. In response to her request for additional details on the proposed media centers, Superintendent Rossi stated each media center will be three times its current size, and will contain computer rooms, studios and conference rooms. Councilmember pedlar asked if the two additional classrooms at Earle Brown Elementary School were in response to anticipated growth in enrollment, Superintendent Rossi stated annual enrollment studies do indicate an increase at the early elementary levels, and in addition to meeting that need, the additional classrooms will provide much - needed room for adult education classrooms as well. 12/16/91 -6- There was a motion by Councilmember Cohen and seconded by Councilmember Scott to close the public hearing at 7:33 p.m. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve Planning Commission Application No. 91021 submitted by the Braoklyii Center School District 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 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 dcvicc iii accordance with Chaptcr 5 of the City Ordinances. • 6. Plana approval is exclusive of all signe which is subject to Chapter 34 of the City PP r}' Ordinances. 7. B612 curb and gutter shall be provided around all parking and driving areas. 8. The applicant shall submit an as -built survey of the property, improvements and utility service lines, prier to release of the performance guarantee. 9. The property owner shall enter in an Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems, prior to the issuance of permits. 10. The storm drainage system shall be approved by the 'Vest Mississippi Watershed Management Commission prior to the issuance of permits. 11. Ponding areas required as a part of the storm drainage plan shall be protected by an approved easement. The easement document shall be cxecutvd and filed with Hennepin County prior to the issuance of permits. The motion passed unanimously. Mayor Paulson opened the meeting for the purpose of a public hearing regarding Planning Commission Application No. 91022 submitted by Brooklyn Center School District at 7:35 p.m. He inquired if there was anyone present who wished to address the Council. 12/16/91 -7- There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to close the public hearing at 7;.')6 p .m. The motion passed unanimously. There was a motion by Councilmember Cohen and seconded by Councilmember Scott to approve P lanning Commission Application No. 91022 submitted by the Bruuklyit Ccntcr School District 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 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. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 7. B612 curb and gutter shall be provided around all parking and driving areas. 8. The applicant shall submit an as -built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 9. The property owner shall enter in an Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems, prior to the issuance of permits. I storm drainage s stem shall be a roved b the West Mississippi 1 he Ito Watershed 0 T PP Y Y� Management Commission prior to the issuance of permits. 11. Ponding areas required as a part of the storm drainage plan shall be protected by an approved easement. The easement document shall be exccutcd and filed with Hennepin County prior to the issuance of permits. ' l east three prior to the issuance of permits to prov at e mo or 12. T11e plans shall be mo p p P shade trees not less than 2 in diameter in the greenstrip along Humboldt Avenuc North. The motion passe d unanimously. 12/16/91 - 8 . Councilmember Pedlar commended the Brooklyn Center School District on the dcvclopment/expansion, and stated up-to-date, adequate schooling facilities provide an excellent marketing tool for the community, PLANNti'ING COMMISSION APPLICATION NO, 91023 -- ALTR AT TTO RENTAL, The City Manager presented Planning Commission Application No, 91423 submitted by Altra Auto Rental to conduct an auto leasing operation at the Northbrook Shopping Center in the tenant space addressed as 1912 57th Avenue North, The application was reviewed and rccommended for approval by the Planning Commission at its December 5, 1991, meeting. The Director of Planning and Inspection reviewed the application as contained in the Planning Commission information sheet attached to the December 5, 1991, Planning Commission meeting minutes. The shopping center property is zoned C2, in which auto leasing operations are special uses. Altra Auto Rental would operate in an 844 square foot space between Pilgrim Cleaners and Carpet Ding. Hours of operation would be b a.m. to 5,50 p.m, Monday through Friday, and 9 a.m. until noon on Saturday, Rental cars will be picked up and dropped off at this location; there will be no display or repair of automobiles. The special use has been applied to this operation because it appears there will be- at least some incidental storage of vehicles. While there may be an occasional need for 10 to 12 parking spaces, most of the time less than five will be, needed, There is ample parking at Northbrook Shopping Center, however, the Planning Commission has recommended a limit of 15 rental cars on the site at any one time. The Director of Planning and Inspection then reviewed the conditions recommended by the Planning Commission. He advised the Council notices of the Council's consideration of this application lead been sent, and representatives from Altra Auto Rental were present at the meeting, The Council members discussed the application and asked specific questions to clarify their understa« ding of the proposed auto Ieasing operation. Mayor Paulson opened the meeting for the purpose of a public hearing regarding Planning Commission Application No. 91023 submitted by Altra Auto Rental at 7 p.m. He inquired if thcrc was anyone present who wished to address 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. 12/16/91 I There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar to approve Planning Commission Application No. 91023 submitted by Altra Auto Rental subject to the following conditions: 1. The total number of rental cars on the site at any one time shall not exceed 15. 2. The special use permit is granted for an auto leasing operation. Any change in the use involving more vehicles, trucLs or marine craft shall require approval of an amendment to this special use permit. 3. There shall be no service, repair or maintenance of leased or stored vehicles at this site. 4. The special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof may be grounds for revocation. The motion passed unanimously. ORDINANCES AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY QRDINANICES RELATI TO THE D ATE OF THE O 1~!✓ODU PLAIN MAP The City Manager presented an Ordinance Amending Chapter 35 of the City Ordinances Relating to the Date of the Official Flood Plain Map. This ordinance amendment was offered for a first reading on November 18, 1991, published in the City's official newspaper on November 27, 1991, and was offered this evening for a second reading. The Planning Commission reviewed and recommended adoption of this ordinance amendment at its November 7, 1991, meeting. The amendment corrects the various dates and citations contained in the City's flood plain ordinance. Mayor Paulson opened the meeting for the purpose of a public hearing on an Ordinance Amending Chapter 35 of the City Ordinances Relating to the Date of the Official flood anyone present w i. address he t 7:4 inquired if t r was an o rese who wished to a ss t Plain Ma a 5 .m. He there Map p Y P Council. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to close they public hearing at 7 :45 p.m. The motion passed unanimously. ORDINANCE NO, 91 -21 Membor C-61a Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES RELATING TO THE DATE OF THE OFFICIAL FLOOD PLAIN MAP The motion for the adoption of the foregoing ordinance was duly seconded by member Jerry • Pedlar, The motion passed unanimously. 12/16/91 AN ORDIN AMENDING CHAPTER 35 OF THE CITY ORDINANCES RFGARDING THE ZONI CLASSIFICATION OF CERTAIN 1'AIN LAND HAMM'S SECOND ADDI The City NYlanaacr presented an Qrdinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Hamm's Second Addition). The ordinance was offered for a first reading on June 10, 1991, published in the City's official newspaper on June 19, 1991. A public hearing was held and closed on July 8, 1991, at which time the City Council tabled adoption of the ordinance amendment until the plat establishing the legal descriptions contained in the ordinance had been filed with the County. The plat has now been filed, and the ordinance may now be considered for adoption. ORDINANCE NO. 91 -22 Mcmber Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (HAMM'S SECOND ADDITION) The motion for the adoption of the foregoing ordinance was duly seconded by member Jerry Pedlar. The motion passed unanimously. DISC USSION ITEMS A ZONING ORDINAINICE AMENDM>~NT REQUIRING MINIMUM SEPARATION BETWFI =N A 24-HOUR CQ>MME OPERA ION AND CERTAIN RESIDENTIAL PROPERTIES The City Manager presented a Zoning Ordinance Amendment Requiring Minimum Separation Between a 24 -Hour Commercial Operation and Certain Residential Properties for Council consideration. He stated the amendment is in response to the Council's extensive discussion of an ordinance amendment which had been offered for a first reading at the D €.ccmber 2, 1991, meeting that would restrict some late night/early morning or 24- hour business operations within the City which are located within 200 feet of certain residential properties. The Council had suggested certain additional options he developed for consideration and further discussion prior to holding a public information meeting on the matter. Staff had provided the Council members with memorandum and information covering the impacts of certain alternates in the agenda packets. He advised the Council staff are prepared to discuss how the various options might affect current business operations and land areas which may be impacted in the future. The City Manager pointed out the eight options included in the staff report are modifications to the ordinance. The Council could discuss, and cithcr add or choose not to add them to the amendment. All of these options either add to or detract from the number of properties this ordinance impacts. The City Manager advised the Council a list of potential nonconforming C2 uses open between 11 p.m. and 6 a.m. had been prepared to see what extent this list would be further rcduced by extending the hours from 11 p.m. to 12 midnight and was included in the staff report. 12/16/91 - 11 - The Director of Planning and Inspection reviewed each of the options. The Council members and staff discussed in great detail the various options and potential impacts. Councilmember Cohen raised a concern about the ordinance amendment making several existing well -run, trouble -free operations nonconforming. H recommended writing thr, ordinance accordingly to keep such existing businesses /operators legal in their current and future operations/ expansions, and to reduce the number of nonconforming uses created to a minimum. In respo nse, the City Attorney stated he felt the ordinance amendment could be written in a way so th only nonconformity of these businesses would be the hours of operation. Councilmember Cohen htrther suggested possibly addressing whether the affected residential neighborhoods face the front or back of the businesses. Councilmember Scott suggested restricting the types of business operations, rather than the hours, dependent upon the detrimental characteristics that would be unposed upon the surrounding neighborhoods. She further suggested staff and Council determine specific streets /roadways to be listed in the ordinance language, rather than "intervening major thoroughfares." Following; a lengthy, detailed discussion of these issues and how they affect existing and potential businesses, the (;.ity Manager suggested staff further address as many of the issues raised tonight with a goal of narrowing it down to be more manageable for Council's consideration prior to holding a public information meeting. The Council members agreed to this suggestion. Councilmember Scott complimented staff on the suggestions /options submitted to the Council. RECESS The Brooklyn Center City Council recessed at 8:39 p.m. and reconvened at 8:59 p.m. Councilrriembcr Rosene arrived at the Council meeting at 8:59 p.m. SIGN ORDINANCE AMENDMENT ALLOWING CERTAIN TRADEOFFS BE TWEEN WALL ANL� FREESTANbING SIGN5 The City Manager presented a Sign Ordinance Amendment Allowing Certain Tradeoffs Between Wall and Freestanding Signs for Council consideration. He reviewed the history of the amendment, stating it was in response to a request from Mr. Prank Slawson, President of Marquette Rank Brookdale, for consideration of some sign ordinance modifications that would allow an additional, low -keyed freestanding sign at the bank. At that time, the amendment was also written to reduce the large amount of wall signory (up to 30 of a wall area) allowed in these zoning districts under the existing Sign Ordinance. The Council had responded with some concern that the proposed ordinance amendment was too liberal in allowing additional freestanding signs in that it would allow more than the hank was requesting, and also the amendment did not require some of the aesthetic characteristics of 9 12/16/ 1 -12- • the bank proposal which might be detrimental to the community if other businesses sought to maximize th e second sign size without the same types of aesthetic sensitivities as shown by the bank. Council had directed staff to further narrow the focus of the proposed amendment. He advised the Council the staff report in the agenda packet contained six suggested conditions /restrictions which would further narrow the focus of the ordinance amendment, attempt to address the aesthetic concerns within the confines of the City's c�dsting ordinance structure, and yet be an acceptable tradeoff for the typo of Sign proposed by the bank, The Director of Planning and Inspection reviewed the suggested conditions /restrictions, and responded to questions from the Council. Following a brief discussion, there was a motion by Councilmember Cohen and seconded by Councilmember Scott directing staff to prepare for a first reading a Sign Ordinance Amendment Allowing Certain Tradeoffs Between Wall and Freestanding Signs, including the Six suggested Conditions /restrictions in the staff report. The motion passed unanimously, AN ORDINANCE ADDING SE CTIONS 23 -601 THROUGH 23-633 TO THE CITY RDINAItiT RELATING TQ PAWNBROKERS AND St✓UQN DU, NU DEALERS The City Manager presented an Ordinance Adding Sections 23 -601 through 23 -633 to the City Ordinances Relating to Pawnbrokers and Secondhand Dealers for Council consideration, and Stated the ordinance could be considered for a first reading this evening if So desired by the Council. He advised the Council he had worked closely with the City Attorney in drafting the ordinance sections. The Council members reviewed and discussed the survey of other metropolitan area communities, and discussed charging a flat fee for investigations versus trackin, the actual costs of the inv estigations to ensure all costs are covered. The City Attorney stated the authority of the Council is to cover costs only, and the costs of investigations vary a great deal, so if a flat fee was agreed upon, it should be high enough to cover the more costly investigations. There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar directing staff to prepare for a first reading an Ordinance Adding Sections 23 -602 through 23 -633 to the City Ordinances Relating to Pawnbrokers and Secondhand Dealers, setting the investigation fce at $1,500, the pawn shop and second -hand goods license fee at $12,000, the bond at 55 ,000 and the holding period at 120 days. The motion passed unanimously. 1992 PAY PLAN The City Manager presented the 1992 proposed compensation plan for Brooklyn Center, and distributed and reviewed three additional housekeeping changes to the 1992 Local #49 Labor A;reement. • -1 - 12/16/91 3 There was a motion by Councilmember Scott and seconded by Councilmember Pedlar • authorizing acceptance and signature pf the 1992 contract settlements for Local 449 and Local #82, subject to the following three amendments (housekeeping changes) to the 1992 Local #49 Labor Agreement: 1. Amend work schedules section to reflect actual practice by changing the normal work day from 8 a.m. to 4:30 p.m. to 7 a.m. to 3:30 p.m. (Article 12.2). 2. Delete language that applied to the 1990 - 1991 labor agreement regarding pay equity compliance in calendar year .1991 (Appendix A -1). 3. Delete language that applied to the 1990 - 1991 labor agreement regarding Martin Luther King Day (last sentence of Appendix B- v.a.). The motion passed unanimously. Councilmember Pedlar raised a discussion on the executive salary increases of up to 2.9 ° ,%'0. He stated while he had suggested and Council, had agreed at the previous Council meeting to freeze the executive salary schedules. He felt although the schedules do need to be maintained at the 1991 level until the Council and staff can further study and compare them there needed to be some type of compensation to the executive staff for a job well done in 1991. H:c suggested freezing the executive salary ranges until the Council can further study /compare the ranges, and authorizing the City Manager to offer some type of compensation of up t o 2,9� to the executive, staff in a form other than increasing the hourly /annual base wages, The Mayor felt the Council had worked hard at the previous Council meeting to compromise and reach an ag*reemcnt on this matter. His understanding of that agreement was the Council would conduct a salary and range study to see how Brooklyn Center compares to other metropolitan cities, and then develop an executive pay plan policy. Until that polic was developed, the executive salaries would be maintained at the existing 1991 level and there would be compensation of up to 2.9% in a form other than salary for exccutive employees. Tlac Mayor expressed continued support of that original agreement, and Expressed dismay that the 1992 Pay Plan had included an increase of up to 2.9� in the executive employee salaries. Councilmember Cohen reviewed his notes from the previous Council meeting and confirmed the Council had agreed to maintain the executive salary schedules at the 1991 level and to authorize the City Manager to increase the executive salaries up to 2.9 %. Following further discussion of this matter, Councilmember Scott suggested striking the tenth paragraph of the proposed resolution and replacing it with: "Be it further resolved that the executive position salaries shall be maintained at the 1 991 levels and further authorize the City Manager to provide incentive pay of up to 2.9 % to each executive until the study is completed and the schedule revised." The Council supported this suggestion. • 12/16/91 - 14 - . RESOLUTION NO, 91 -283 Ylcinbur Dave Roscnc introduced the following resolution and moved its adoption, subject to striking the tenth paragraph and replacing it with the following: "BE IT FURTHER RESOLVED that the executive position salaries shall be maintained at the 1991 levels and further authorize the City Manager to provide incentive pay of up to 2.9 to each executive until the study is completed and the schedule revised." RESOLUTION SETTING WAGES AND SALARIES FOR THE CALENDAR YEAR 1992 The motion for the adoption of the foregoing resolution was duly seconded by member Phil Cohen, and the motion passed unanimously. RESOL JTIONS REGARDING IMPROVI~MENTS TO T14F CIVIC CENTER The City Manager presented resolutions regarding improvements to the Civic Center for Council consideration, He stated bids had been taken on December 12, 1991, for the Community Center water slide, remodeling to the concession stand, code corrections, domestic water heater, and pool filter renovation. There had been problems with the bids as received, Two additional memos (supplementary information) from the Director of Public Works were distributed to the Council members. The Director of Public Works reviewed his memo to the City Manager dated December 10, • 1991, and discussed the give proposals and bids received for improvements to the Community Center. lie, advised the Council resolutions had been prepared and submitted in compliance with the recommendations of City staff for Council consideration. RES L JTION ACCEPTING BID AND AWARDING CONTRACT FOR C,UNiSTR OF A COMMUNITY ChNTEK WATER SLIDE, IMPROVEMENT PROJE NO. 1990-24,-CONTRACT 1991 -R The City Manager presented a Resolution Accepting Bid and Awarding Contract for Construction of a Community Center Water Slide, Improvement Project No. 1990 -24, Contract 1991 -R for Council consideration. The Director of Public Works advised the Council there were problems with the low bids as submitted by Nordling Construction for the general construction work and Miracle Recreation Equipment for the water slide installation work on this project, and he directed Council's attention to the supplementary information contained in his memo to the City Manager dated December 16, 1991. He reviewed the details of the bidding/staff review process, and advised the Council of two proposed alternatives; one would be to waive the technical errors and award the bids to the low bidders for both the construction work and water slide installation work; the other would be to reject the low bids for both projects based on. the technical errors, and award the contracts to the second low bidders, George W. Olsen Constniction for the general construction contract, and Alltech Engineering Corp. for the water slide installation contract. 12/16/91 - 15 - The Director of Public Works advised the Council he had worked closely with the City • Attorney on this matter, and recommended the Council reject the low bids based on the technical errors in the bid process, and award the bids to the second low bidder in each project. The City Attorney advised the Council is required by law to award bids to the low bidders; however, by doing so in this case would result in lawsuits by the second low bidders because of the technical errors made by the low bidders. He felt either way the City would be facing Iegal action, and would have a much better defense in rejecting the low bids because of the technical errors and awarding the contracts to the second low bidders. The Director of Public Works advised the Council he had contacted both Nordling Construction and Miracle Recreation Equipment to advise them of the. CUL111 il's consideration of this matter this evening. In response, Councilmember Cohen recommended recording any representation present at the meeting from either business. The Mayor made inquiry if anyone in the audience represented either Nordling Construction or Miracle Recreation Equipment, "There being none, the Mayor asked that the record indicate no one was present to represent either Nordling C-;onstniction or Miracle Recreation Equipment, Councilm ember Scott supported the staff recommendation to award the bids to the second low bidders for both the general construction work and water slide installation work. She felt the technical errors made in the low bids were inexcusable given the background of the bidders and number of years they have been submitting bids. • RESOLUTION NO. 91 -284 Member Cclia. Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR CONSTRUCTION OF A COMMUNITY CEN'11 -K WATER SLIDE, IMPROVEMENT PROJECT NO, 1990 -24, CONTRACT 1991 -R The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. The Mayor raised a discussion on marketing the Community Center water slide, and any potential impact the 100 -acre water park being proposed by ValleyFair in Brooklyn Park would have on Brooklyn Center's water slide. The Council members discussed and agreed the impact of an outdoor water park would be minimal, if any, because of Brooklyn Center's water slide being indoors and open regardless of the weather, Councilmember Rosene recommended extensive use of roadway signs to promote the City's water slide, rather than local fliers and newsletters. 12/16/91 - 16- . RES � TION ACCEPTING PROPOSAL FOR REMODELING COMMUNITY CENTER CONCESSION STAND The City Managcr presented a Resolution Accepting Proposal for Remodeling Community Center Concession Stand for Council consideration. The Director of Public Works reviewed his memo to the Council dated December 16, 1991, and recommended adopting the resolution accepting the proposal and awarding the low bidders of the four phases of the rcmodeling project. RE5 LI 1TION NO, 91 - 285 -Member Cilia Scott introduccd the following; resolution and moved its adoption: RESOLUTION ACCEPTING- PROPOSAL FOR REMODELING >u1vIODELING COM141[.JNITY CENTER CONCESSION STAND The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. RESOL LJTION ACCEPTING BID AND AWARDING CONTRACT FOR (- QNSTRQaION OF CODE C'O AT COMMUNITY CENTER, I CR 1 nC. ' BitPwlty Awarding Contract for • Construction of Code Corrections at Community Center, Improvement Project No. 1991 -22, Contract 1991 -V, for Council consid eration, The Public Works Director advised the Council the code corrections are primarily the handrails and guardrails in the City Hall and the pool area of the Community Center, and recommended adoption of the resolution accepting the bid and awarding the contract to the low biddor, Alltech Engineering Corporation. RESOLUTION NO. 91 -286 Mcmbcr Jerry Pcdlar introduccd the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR CONSTRUCTION OF CODE (:0 RKECHONS AT COMMUNITY CENTER, IMPROVEMENT PROJECT NO , 1991 -22, CONTRACT 1991 -V The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. • 12/16/91 -17- d /91 - / 1 RES LUTIOI!T ACCEPTING BID AND AWARDING CONTRACT FOR DOMESTIC . WATER FOR CIVIC CENTER, IMPROVEMENT PROJECT NO. 1991 -25, CONTRACT _ 9� 91 -T The City Manager presented a Resolution Accepting Bid and Awarding Contract for Domestic Water Heater for Civic Center, Improvement Project No. 1991 -25, Contract 1991 T, for Council consideration. The Director of Public Works reviewed the history of this project, and advised the Council the original $15,000 estimate was based on assurances from an equipment re presciitative that the tube trundle in the existing heat exchanger could be replaced with a new tube bundle which would produce the required performance. The replacement method, however, did not meet the current code requirements for a double - walled tube bundle. Therefore, there is a need for a new freestanding water heater to replace the current heat exchanger. He recommended adoption of the resolution accepting the bid and awarding the contract to the low bidder, New Mech. Councilmember Pedlar suggested possibly obtaining second opinions on such projects in the future. RESOLU NO, 91 -287 ii'IcmbGr Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR DOMESTIC . WATER HEATER FOR CIVIC CENTER, IMPROVEMENT PROJECT NO. 1991 - 25, CONTRACT 1991 - T The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESDLLITI ACCEPTING BID AND AWARDING CONTRACT FOR POOL FILTER RENOVATION IMPROVEMENT PROJECT NO. 1991-25 CONTRACT 1991 -U The City Manager presented a Resolution Accepting Bid and Awarding Contract for Pool Filter Renovation, Improvement Project No. 1991 -25, Contract 1991 -U, for Council c The Director of Public Works recommended adopting the resolution accepting the bid and awarding the contract to the sole bidder, Valley View Associates. 12/16/91 -1 RESOLUTION NO. 91 -288 NTcmbcr Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR POOL FILTER RENOVATION, IMPROVEMENT PROJECT NO. 1991 -26, CONTRACT 1991 -U The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Jerry Pedlar, and the motion patised unanimously. ADDITIONAL AGENDA ITEM -- RESOLUTION PROVIDING FOR THE REDEMPTION OF QENERAL OBLIGATION TAX INCREMENT BONDS OF 1983 The City Manager presented a Resolution Providing for the Redemption of General Obligation Tax Increment Bonds of 1983 for approval as recommended by the Director of Finance. R ESOL 1TION NO. 91 -289 N1cmbor Celia Scutt introduced the following, resolution and moved its adoption: RESOLUTION PROVIDING FOR THE REDEMPTION OF GENERAL OBLIGATION TAX INCREMENT BONDS OF 1983 The motion for the adoption of the foregoing resolution was duly seconded by member • Philip Cohen. The motion passed unanimously. PU DATI3 ON TAX INCREMENT FINANCING DISTRICT'S In response to the Mayor's inquiry as to where staff is on preparing information for the Council can the proposed direction of the tax increment financing districts, the City Manager advised the information will be available for the Council in January, 1992. Councilmember Cohen advised the Council the North Metro Mayors Association has drafted a tax increment proposal whereby tax increment financing will again be a valuable tool for local units of government. The proposal will be presented to the Minnesota Legislature, and Councilmember Cohen will keep the Council informed as to the progress of the proposal. CQNSIIifERAT10N OF SPECIFIED LIQUOR LICENSES The City Manager presented and recommended approval of a list uf liquor license renewals for 1992. He noted there may be a potential problem with Lynbrook Bowl which may require disciplinary action. The matter will be addressed at a later date. There was a motion by Councilmember Scott and seconded by Councilmember Rosene approving the list of liquor license renewals for 1992 as contained in the agenda packet, The motion passed unanimously. 12/16/91 - 19 - REQUEST FROM CITY ATTORNEY FOR MOTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INDEMNITY AGREEMENT `KITH FIRST TRUST The City Attorney advised the Council in 1985 Brooklyn Center issued general obligation maturity Fonds for the Brookwood Estates Project, with First Trust as the paying agent. Ms. Gladys Nelson, Brainerd, Minnesota, purchased several of those bonds. Apparently, she had moved a number of times, and several of her interest checks were misdirected, forged, and cashed by someone other than Ms. Nelson. As a result, she has filed a lawsuit against Brooklyn Center and First Trust, The City Attorney advised the Council First Trust has agreed to indemnify Brooklyn Center, whereby First Trust will pay any resulting judgement against Brooklyn Center. First Trust has hired the Oppenheimer Law Firm to defend the lawsuit; tbere will be no cost or risk to Brooklyn Center. He recommended the City Council authorize the City Manager to enter into an indemnity agreement with first Trust. There was a motion by Councilmember Cohen and seconded by Councilmcmber Rosene authorizing the City Manager to enter to an indemnity agreement with Firsl Trust as recommended by the City Attorney. The motion passed unanimously. ADJOU There %va.s a motion by Councilmember Scott, and seconded by Councilmcmber Rosene to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 11:10 p,m. • Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Peggy McNabb Northern Counties Secretarial Service 12/16/91 -20- CITY OF BROOKLYN CENTER council Meeting Date January 13. 191)2 Agenda Item Numbcr REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: MAYORAL APPOINTMENTS DEPT. APPROVAL: P 92ng -.11 Patricia A. ge, Deputy City Clerk MANAGER'S REVIEW/RECOMMENDATION: - W * E No comments to supplement this report Commen below /attached SUNEVIARY EXPLANATION: (supplemental sheets attached ) Several terms of appointment for advisory commissioners are due for consideration of reappointment by the mayor and city council. Each of the commissioners has been notified, and they have expressed their intentions on whether or not they wish to be reappointed. Below is a summary of these positions. HUMAN RIGHTS AND RESOURCES COMMISSION Agatha Eckman wants to be reappointed to serve through 12 -31 -94 Kathleen Carmody wants to be reappointed to serve through 12 -31 -94 There are no vacancies on this commission. PARK AND RECREATION COMMISSION Dave Skeels resigned Thomas R. Shinnick wants to be reappointed to serve through 12 -31 -94 There is one vacancy on this commission. HOUSING COMMISSION - Neal Nelson wants to be reappointed to serve through 12 -31 -94 Robert Torres wants to be reappointed to serve through 12 -31 -94 Ernie Erickson wants to be reappointed to serve through 12 -31 -94 Barb Jensen wants to be reappointed to serve through 12 -31 -94 There is one vacancy on this commission. PLANNING COMMISSION Mark Holmes wants to be reappointed to serve through 12 -31 -93 Bertil Johnson wants to be reappointed to serve through 12 -31 -93 Ella Sander wants to be reappointed to serve through 12 -31 -93 PLANNING COMMISSION CONTINUED Molly Malecki has indicated she will resign after replacements are found so a quorum • can be maintained There is one vacancy on this commission. NORTHWEST HENNEPIN HUMAN SERVICES ADVISORY COMMISSION Bettilou Christopher wants to be reappointed to serve through 12 -31 -93 There are no vacancies on this commission. • Member introduced the following resolution and moved its adoption: RESOLUTION NO RESOLUTION AWARDING THE SALE OF $4,275,000 GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 1992A; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; PROVIDING FOR THEIR PAYMENT; PROVIDING FOR THE ESCROWING AND INVESTMENT OF THE PROCEEDS THEREOF; AND PROVIDING FOR THE REDEMPTION OF BONDS REFUNDED THEREBY BE IT RESOLVED By the City Council of the City of Brooklyn Center, Hennepin County, Minnesota ( the "City ") as follows: Section 1. Sale of Bonds 1.01. The proposal of ( the "Purchaser ") to purchase $4,275,000 General Obligation Tax Increment Refunding Bonds, Series 1992A (the "Bonds ") of the City described in the Official Terms of Proposal therefor is determined to be the highest and best proposal received and is accepted, the bid being to purchase the Bonds at a price of $ plus accrued interest to date of delivery, for Bonds bearing interest as follows: Year of Interest Year of Interest Maturity Rate Maturitv Rate 1997 2001 1998 2002 1999 2003 2000 Net effective interest rate: 1.02. The sum of $ being the amount bid by the Purchaser in excess of $ is credited to the Escrow Account hereinafter created. The City Finance Director is directed to retain the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful bidders forthwith. The Mayor and City Clerk are directed to execute a contract with the Purchaser on behalf of the City. 1.03. The City will forthwith issue and sell the Bonds in the total principal amount of $4,275,000, originally dated February 1, 1992, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R -1, upward, bearing interest as above set forth, and which mature serially on February 1 in the years and amounts as follows: BLP27307 BR291 -98 i RESOLUTION NO. • Year Amount Year Amount 1997 $405,000 2001 $695,000 1998 465,000 2002 785,000 1999 540,000 2003 770,000 2000 615,000 1.04. Optional Redemption The City may elect on February 1, 1999 and on any day thereafter to prepay Bonds maturing on or after February 1, 2000. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the particular Bonds to be redeemed shall be selected at the option of the City in such order as the City shall determine. If only part of the Bonds having a common maturity date are called for prepayment the specific Bonds to be prepaid will be chosen by the Registrar by lot or in such other manner deemed fair by the Registrar. All payments will be at a price of par plus accrued interest. Section 2. Registration and Payment 2.01. Registered Form The Bonds shall be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 2.02. Dates; Interest Payment Dates Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made • available for payment, in which case such Bond shall be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case such Bond will be dated as of the date of original issue. The interest on the Bonds is payable on February 1 and August 1 of each year, commencing August 1, 1992, to the owner of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. 2.03. Registration The City will appoint, and shall maintain, a bond registrar, transfer agent, authenticating agent and paying agent (Registrar) . The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a) Register The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the • BLP27307 BR291 -98 RESOLUTION NO. • transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney in writing. (d) Cancellation Bonds surrendered upon any transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in g Y � good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes, and payments so made to a • registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges For a transfer or exchange of Bonds, the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. • BLP27307 BR291 -98 RESOLUTION NO. (i) Redemption In the event any of the Bonds are called for re- demption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) not more than 60 and not less than 30 days prior to the date fixed for redemption to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice in the manner required by law. Failure to give notice by mail to any registered owner, or any defect therein, will not affect the validity of any proceeding for the redemption of Bonds not affected by such failure. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 2.04. Appointment of Initial Registrar The City appoints Minnesota, as the initial Registrar. The Mayor and the City Clerk are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the Finance Director must transmit • to the Registrar moneys sufficient for the payment of all principal and interest then due. 2.05. Execution, Authentication and Delivery The Bonds will be prepared under the direction of the City Clerk and executed on behalf of the City by the signatures of the Mayor and the City Clerk, provided that all signatures may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of any Bond, such signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Regis- trar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond is conclusive evidence that it has been authenticated and delivered under this Resolu- tion. When the Bonds have been so prepared, executed and authenticated, the Finance Director shall deliver the same to the Purchaser upon payment of the pur- chase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. 2.06. Temporary Bonds The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in Section 3 with such changes as may be necessary to reflect more than one ® BLP27307 BR291 -98 RESOLUTION NO. maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled. Section 3. Form of Bond 3.01. The Bonds will be printed in substantially the following form: [ Face of the Bond] UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF BROOKLYN CENTER GENERAL OBLIGATION TAX INCREMENT REFUNDING BOND, SERIES 1992A Date of Rate Maturity Original Issue CUSIP February 1, 1992 No. $ • The City of Brooklyn Center, Minnesota, a duly organized and existing municipal corporation in Hennepin Countv, Minnesota (the "City ") , acknowledges itself to be indebted and for value received promises to pay to or registered assigns, the principal sum of $ on the maturity date specified above with interest thereon from the date hereof at the annual rate specified above, payable February 1 and August 1 in each year, commencing August 1, 1992, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by , Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevo- cably pledged. The City may elect on February 1, 1999, and on any day thereafter, to prepay Bonds of this issue maturing on or after February 1, 2000. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the particular Bonds to be redeemed shall be selected at the option of the City in such order as the City shall determine. If only part of the Bonds having a common B R291 -98 BR291 -98 RESOLUTION NO. maturity date are called for prepayment the specific Bonds to be prepaid will be chosen by the Registrar by lot or in such other manner deemed fair by the Registrar. All prepayments shall be at a price of par plus accrued interest. The City Council has designated the Bonds as "qualified tax exempt obliga- tions" within the meaning of Section 265 (b) (3) of the Internal Revenue Code of 1986, as amended (the Code) relating to disallowance of interest expense for financial institutions and within the $10 million limit allowed by the Code for the calendar year of issue. Additional provisions of this Bond are contained on the reverse hereof and such provisions for all purposes have the same effect as though fully set forth in this place. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Bond Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Brooklyn Center, Hennepin County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile signatures of the Mayor and City Clerk and has caused this Bond to be dated as of the date set forth below. Dated: CITY OF BROOKLYN CENTER, MINNESOTA • (Facsimile) (Facsimile) City Clerk Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. By Authorized Representative [Reverse of the Bond] This Bond is one of an issue in the aggregate principal amount of $4,275,000 all of like original issue date and tenor, except as to number, maturity date, redemp- tion privilege, and interest rate, all issued pursuant to a resolution adopted by the City Council on January 13, 1992 (the "Resolution "), for the purpose of providing money to refund in advance of maturity and on the Redemption Date, as defined in the Resolution, a portion of certain general obligation bonds of the City, pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Sections 475.67, Subdivision 13, and the City's home rule charter. The interest hereon is payable until the Redemption Date, primarily BR291 -98 RESOLUTION NO. out of the Escrow Account established in the City's Refunding Bonds, Series 1992A Debt Service Fund and after the Redemption Date from tax increments resulting from increases in the taxable value of real property in a tax increment financing district in the City, as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy ad valorem taxes on all taxable property in the City in the event of any deficiency in tax increments pledged, which taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5, 000 or any integral multiple thereof of single maturities. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota and the City's home rule charter to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional, statutory or charter limitation of indebtedness. (Form of certificate to be printed on the reverse side of each Bond, following a full copy of the legal opinion.) I certify that the above is a full, true and correct copy of the legal opinion rendered by bond counsel on the issue of Bonds of the City of Brooklyn Center, Minnesota, which includes the within Bond, dated as of the date of delivery of and payment for the Bonds. ( Facsimile Signature) City Clerk BLP27107 BR291 -98 RESOLUTION NO. The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants UNIF GIFT MIN ACT Custodian in common (Cust) (Minor) TEN ENT -- as tenants under Uniform Gifts or by entireties Transfers to Minors JT TEN -- as joint tenants with right of survivorship and Act . . . . . . . . . . . . not as tenants in common (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within . Bond, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in PP p every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges. The Bond Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: ( Include information for all joint owners if this Bond is held by joint account.) BLP27307 BR291 -98 RESOLUTION NO. Please insert social security or other identifying number of assignee 3.02. The City Clerk is authorized and directed to obtain a copy of the proposed approving legal opinion of Holmes & Graven, Chartered, Minneapolis, Minnesota, which is to be complete except as to dating thereof and cause the opinion to be printed on each Bond, together with a certificate to be signed by the facsimile signature of the City Clerk in substantially the form set forth in the form of Bond. The City Clerk is authorized and directed to execute the certificate in the name of the City upon receipt of the opinion and to file the opinion in the City offices. Section 4. Bonds: Security: Escrow 4.01. Funds and Accounts For the convenience and proper administration of the moneys to be borrowed and repaid on the Bonds and the outstanding principal amount of the City's General Obligation Tax Increment Bonds, Series 1985A (the "Refunded Bonds ") , and to provide adequate and specific security for the Purchaser and holders from time to time of the Bonds and Refunded Bonds, there is hereby created a special fund to be designated the Refunding Bonds, Series 1992A Debt Service Fund (the Fund) to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Refunded Bonds have been paid and until all of the Bonds and the interest thereon shall have been fully paid. There shall be maintained • in the Fund three separate accounts, to be designated the Escrow Account, Debt Service Account and Rebate Account. (a) Escrow Account The Escrow Account shall be maintained as an Escrow Account (Escrow Account) with in Minnesota, which is a suitable financial institution within the State, whose deposits are insured by the Federal Deposit Insurance Corporation, whose combined capital and surplus is not less than $500, 000 and said financial institution is hereby designated escrow agent (Escrow Agent) for the Escrow Account. All proceeds of the sale of the Bonds shall be received by the Escrow Agent and applied to fund the Escrow Account or to pay costs of issuing the Bonds. Proceeds of the Bonds not used to pay costs of issuance are hereby irrevocably pledged and appropriated to the Escrow Account, together with all investment earnings thereon. The Escrow Account shall be invested in securities maturing or callable at the option of the holder on such dates and bearing interest at such rates as shall be required to provide sufficient funds, together with any cash or other funds retained in the Escrow Account, to pay when due the interest to accrue on each Bond to and including February 1, 1996 ( Redemption Date) , and to pay when due on the Redemption Date the principal amount of each of the Refunded Bonds then outstanding. From the Escrow Account there shall be paid (i) all interest paid on, or to be paid on, or to accrue on, the Bonds to and including the Redemption Date, and (ii) the principal of the Refunded Bonds due by reason of redemption on the Redemption Date. The Escrow Account shall be irrevocably appropriated to the payment of the principal of and interest on the BR291 -98 RESOLUTION NO. Bonds until the proceeds of the Bonds therein are applied to prepayment of the Refunded Bonds. The moneys in the Escrow Account shall be used solely for the purposes herein set forth and for no other purpose, except that any surplus in the Escrow Account may be remitted to the City, all in accordance with the Escrow Agreement (hereafter defined) by and between the City and the Escrow Agent. Any moneys remitted to the City upon termination of the Escrow Agreement shall be deposited in the Debt Service Account. (b) Debt Service Account To the Debt Service Account there is hereby pledged and irrevocably appropriated and there shall be credited: (i) any balance remitted to the City upon the termination of the Escrow Agreement; (ii) any balance remaining on February 2, 1996, in the Debt Service Fund created by the City Council resolution authorizing the issuance and sale of the Refunded Bonds (Prior Resolution) ; (iii) any collections of all taxes hereafter levied for the payment of the Bonds and interest thereon; (iv) all investment earnings on funds in the Debt Service Account: (v) tax increments resulting from increases in the taxable value of real property a tax increment financing district in the City pledged to repayment of the Refunded Bonds in the Prior Resolution; (vi) accrued interest (if any) received upon delivery of the Bonds to the extent not required to fund the Escrow Account; and (vii) any and all other moneys which are properly available and are appropriated by the City Council to the Debt Service Account . The amount of any surplus remaining in the Debt Service Account when the Bonds and interest thereon are paid shall be used as provided in Minnesota Statutes, Section 475.61, Subdivision 4. (c) Rebate Account All money t an time deposited Ac Y Y in the Rebate ® count shall be held by the City for payment to the United States Treasury. All amounts on deposit in the Rebate Account shall be governed by this Section 4.01(c), unless the City obtains an opinion of Bond Counsel that the exclusion from gross income of interest on the Bonds will not be adversely affected for federal income tax purposes if such requirements are not satisfied. The following requirements shall be satisfied with respect to the Rebate Account: (i) Computation Within 55 days following February 1, 1997 and February 1, 2002, the City shall calculate or cause to be calculated the amount of rebatable arbitrage, in accordance with Section 148(f) (2) of the Code and Section 1.148 -2T of the Rebate Regulations for this purpose treating each such February 1 as a computation date, within the meaning of Section 1.148 -8T(b) of the Rebate Regulations (the "Rebatable Arbitrage"). The City shall obtain expert advice as to the amount of the Rebatable Arbitrage to comply with this Section. (ii) Annual Transfer Within 55 days after February 1, 1997 and February 1, 2002, the City shall deposit moneys in the Rebate Account from any legally available funds, if and to the extent required, so that the balance in the Rebate Account shall equal the amount of Rebatable Arbitrage so calculated in accordance with (i) of this subsection (c) . In the event that immediately following the transfer required by the previous sentence, the amount then on deposit to the B R291 -98 BR291 -98 RESOLUTION NO. credit of the Rebate Account exceeds the amount required to be on • deposit therein, the City shall withdraw the excess from the Rebate Account and credit the excess to the Debt Service Account. (iii) Payment to the Treasury The City shall pay to the United States Treasury, out of amounts in the Rebate Account: (A) Not later than 60 days after February 1, 1997 and February 1, 2002, an amount equal to at least 90% of the Rebatable Arbitrage calculated as of such February 1; and (B) Not later than 60 days after the payment of all the Bonds, an amount equal to 100% of the Rebatable Arbitrage calculated as of the date of payment of all of such bonds, and any income attributable to the Rebatable Arbitrage, computed in accordance with Section 148(f) of the Code. In the event that, prior to the time of any payment required to be made from the Rebate Account, the amount in the Rebate Account is not sufficient to make such payment when such payment is due, the City shall calculate or cause to be calculated the amount of such deficiency and deposit an amount received from any legally available source, equal to such deficiency in the Rebate Account prior to the time such payment is due. Each payment required to be made pursuant to this subsection (c) shall be made to the Internal Revenue Service Center, Philadelphia, Pennsylvania 19255 on or before the date on which payment is due, and shall be accompanied by Interest Revenue • Service Form 8038 -T as prepared by the City, or shall be made in such other manner as provided under the Code. (b) Disposition of Unexpended Funds Any funds remaining in the Rebate Account after redemption and payment of the Bonds and the payments described in subsection (c) , may be withdrawn by the City and utilized in any manner by the City. (c) Survival of Defeasance Notwithstanding anything in this Resolution to the contrary, the obligation to comply with the requirements of this section shall survive the defeasance of the Bonds. 4.02. The moneys in the Debt Service Account shall be used solely to pay the principal of and interest on the Bonds or any other bonds hereafter issued and made payable from the Fund. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (i) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued, and (ii) in addition to the above, in an amount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds, any sums from time to time held in the Fund (or any other City account which will be used to pay principal and interest to become due on the Bonds) in excess of amounts which under the applicable federal arbitrage regulations may be invested without regard as to yield B R291 -98 BR291 -9H RESOLUTION NO. shall not be invested at a yield in excess of the applicable yield restrictions imposed by the arbitrage regulations on such investments after taking into account any applicable temporary periods or minor portion made available under the federal arbitrage regulations. In addition, the proceeds of the Bonds and money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be federally guaranteed within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the Code). 4.03. General Obligation Pledge For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Escrow Account or Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of monies in the general fund of the City which are available for such purpose, and such general fund may be reimbursed with or without interest from the Escrow Account or Debt Service Account when a sufficient balance is available therein. 4.04. It is determined that estimated collection of tax increments for the payment of principal and interest on the Bonds after the Redemption Date will produce at least five percent in excess of the amount needed to meet when due, the principal and interest payments on the Bonds and that no tax levy is needed at this time. 4.05. Filing The City Clerk is authorized and directed to file a certified copy of this resolution with the Director of Property Taxation of Hennepin County and to obtain the certificate required by Section 475.63 of the Act. 4.06. Prior Resolution Pledges The pledges and covenants of the City made by the Prior Resolution relating to the tax increments and improvements financed by the Bonds and the Refunded Bonds are restated and confirmed in all respects. The provisions of the Prior Resolution are hereby supplemented to the extent necessary to give full effect to the provisions of this resolution. Section 5. Refunding: Findings: Redemption of Refunded Bonds 5.01. As of the date of delivery of and payment for the Bonds the proceeds of the Bonds, in the amount of $ plus accrued interest on the Bonds less necessary expenses of the issuance of the Bonds (Proceeds), together with other funds ( Funds) in the amount of $ are hereby pledged and appropriated and shall be deposited in the Escrow Account. 5.02. It is hereby found and determined that the Proceeds and Funds available and appropriated to the Escrow Account will be sufficient, together with the permitted earnings on the investment of the Escrow Account, to pay at maturity or redemption all of the principal of and redemption premium (if any) on the Refunded Bonds. B R291 -98 BR291-98 RESOLUTION NO. 5.03. Securities purchased from the monies in the Escrow Account shall be limited to securities specified in Minnesota Statutes, Section 475.67, Subdivision 8. Securities purchased for the Escrow Account shall be purchased simultaneously with the delivery of and payment for the Bonds. The Mayor and City Clerk are authorized and directed to purchase such securities. 5.04. The Refunded Bonds maturing on February 1, 1997 and thereafter shall be redeemed and prepaid on the Redemption Date. The Refunded Bonds shall be redeemed and prepaid in accordance with their terms and in accordance with the terms and conditions set forth in the form of Notice of Call for Redemption attached hereto as Attachment A which terms and conditions are hereby approved and incorporated herein by reference. 5.05. Escrow Agreement On or prior to the delivery of the Refunding Bonds, the Mayor and the City Clerk are hereby authorized and directed to execute on behalf of the City an escrow agreement (Escrow Agreement) with the Escrow Agent in substantially the form now on file with the City Clerk. All essential terms and conditions of the Escrow Agreement including payment by the City of reasonable charges for the services of the Escrow Agent, are hereby approved and adopted and made a part of this resolution, and the City covenants that it will promptly enforce all provisions thereof in the event of default thereunder by the Escrow Agent. 5.06. Defeasance When all Bonds and all interest thereon, have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the holders of the Bonds shall cease, except that the pledge of the full faith and credit of the City for the prompt and full payment of the principal of and interest on the Bonds shall remain in full force and effect. The City . may discharge all Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued tot he date of such deposit. The City may also at any time discharge and defease the Bonds in their entirety by complying with the provisions of Minnesota Statutes, Section 475.67, except that the funds deposited in escrow in accordance with said provisions may (to the extent permitted by law) but need not be, in whole or in part, proceeds of bonds as therein provided without the consent of any Bondholders. Section 6. Authentication of Transcript 6.01. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds and such instruments, including any heretofore furnished, shall be deemed representations of the City as to the facts stated therein. 6.02. The Mayor and City Clerk are hereby authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection BLP27107 BR291 -98 RESOLUTION NO. with the issuance and sale of the Bonds and that to the best of their knowledge and • belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. Section 7. Tax Covenant 7.01. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1954 (the 11 1954 Code ") , as in effect immediately prior to enactment of the Tax Reform Act of 1986 ( the "Tax Reform Act "), and as applicable to the Bonds by virtue of Section 1313(b) of the Tax Reform Act (the "Transitional Rule ") , or under the provisions of the Internal Revenue Code of 1986 (the "Code ") made applicable to the Bonds by the Transitional Rule, and applicable Treasury Regulations, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the 1954 Code, the Code and applicable Treasury Regulations, as applicable to the Bonds. 7.02. (a) The City will comply with requirements necessary under the 1954 maintain the exclusion from Code and the Code to establish and gross income of the interest on the Bonds under Section 103 of the 1954 Code, and provisions of the Code ut limitation requirements e b the Transitional Rule, including Q made applicable g witho PP Y relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess investment • earnings to the United States. (b) The City will comply with the requirements of Section 148 of the Code with respect to the rebate of certain arbitrage earnings to the United States of America. 7.03. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be "industrial development bonds" within the meaning of Section 103 of the 1954 Code. 7.04. In order to qualify the Bonds as "qualified tax - exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City makes the following factual statements and representations: (a) the Refunded Bonds were issed before August 8, 1986, and were not industrial development bonds under the Internal Revenue Code of 1954, as in effect immediately prior to enactment of the Tax Reform Act of 1986; (b) the City hereby designates the Bonds as "qualified tax - exempt obligations" for purposes of Section 265 (b) (3) of the Code; (c) the reasonably anticipated amount of tax - exempt obligations (other than private activity bonds, treating the Bonds and any qualified 501(c) (3) bonds as not being private activity bonds) which will be issued by B R291 -98 HR291 -98 RESOLUTION NO. the City (and all subordinate entities of the City) during calendar year 1992 • will not exceed $10,000,000; and (d) not more than $10,000,000 of obligations issued by the City during calendar year 1992 have been or will be designated for purposes of Section 265(b)(3) of the Code. 7.05. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. ATTACHMENT A • NOTICE OF CALL FOR REDEMPTION $5,250,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1985A CITY OF BROOKLYN CENTER HENNEPIN COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that, by order of the City Council of the City of Brooklyn Center, Hennepin County, Minnesota (the "City "), there have been called for redemption and prepayment on February 1, 1996 all outstanding bonds of the City designated as General Obligation Tax Increment Bonds, Series 1985A, originally dated as of December 1, 1985, having stated maturity dates of February 1 in the years 1997 through 2003, both inclusive, totalling $4,180,000 in principal amount, and with the following CUSIP numbers: The bonds are being called at a price of par plus accrued interest to February 1, • 1996, on which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment at the main office of Norwest Bank Minnesota, National Association, in the City of Minneapolis, Minnesota, on or before February 1, 1996. Dated: 19—. BY ORDER OF THE CITY COUNCIL By City Clerk City of Brooklyn Center, Minnesota Further Information: BLP17107 BR291-98 REFUNDING ESCROW AGREEMENT GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 1992A THIS AGREEMENT, made pursuant to Minnesota Statutes, Section 475.67, Subdivision 13 (Act) and executed by and between the City of Brooklyn Center, Hennepin County, Minnesota (City), and , Minnesota, a banking corporation whose deposits are insured by the Federal Deposit Insurance Corporation and whose capital and surplus is not less than $500,000 (Escrow Agent) : WITNESSETH: That the parties hereto recite and, in consideration of the mutual covenants contained herein, covenant and agree as follows: 1. In accordance with resolutions adopted by the governing body of the City on November 18, 1991 and January 13, 1992, respectively entitled "Resolution Providing For the Issuance and Sale of $4,275,000 General Obligation Tax Increment Refunding Bonds, Series 1992A" and "Resolution Awarding the Sale of $4,275,000 General Obligation Tax Increment Refunding Bonds, Series 1992; Providing for their Form and Specifications Directing Their Execution and Delivery; Providing for Their Payment; Providing for the Escrowing and Investment of the Proceeds Thereof; and Providing for the Redemption of Bonds Refunded Thereby" (Resolution), a certified copy of the latter of which has been filed with the Escrow Agent, the City has provided for the refunding of certain outstanding general obligation bonds ( Refunded Bonds) of the City, described in said Resolutions, by the issuance and sale of refunding obliga- tions, designated as "General Obligation Tax Increment Refunding Bonds, Series 1992A" (Refunding Bonds) . 2. The City, in accordance with the Resolutions, has issued and sold the Refunding Bonds in the principal amount of $4,275,000. $ of the proceeds of the Refunding Bonds and $ contributed by the City have been invested in securities which are general obligations of the United States as described in Exhibit A attached hereto and made a part hereof (the Federal Securities) . The City has irrevocably deposited the Federal Securities with the Escrow Agent for application pursuant to this Agreement. The remaining proceeds of the Bonds, together with other moneys contributed by the City are hereby irrevocably deposited with Escrow Agent to be applied as follows: $ ( Refunding Bond proceeds) constitute an initial cash deposit to be held to pay debt service on the Refunding Bonds prior to 19_, the date on which the Refunded Bonds are to be the v Crossover Date prepaid ( ); $ (Bond proceeds) to be used to pay costs of issuance of the Refunding Bonds as provided herein; BLP26623 BR291 -98 1 • $ (City contribution) to be used to pay costs of issuance of the Refunding Bonds in excess of 2% of the proceeds of the Refunding Bonds. It is understood and agreed that the dates and amounts of payments of principal and interest due on the Federal Securities are as indicated in Exhibit A, and that the principal and interest payments due thereon together with the initial cash deposit are such as to provide the funds required to pay all interest payable on the Re- funding Bonds to and including the Crossover Date and to pay the principal amount of the Refunded Bonds on such date. The Refunded Bonds are the following: a) General Obligation Tax Increment Bonds, Series 1985A, originally dated as of December 1, 1985, of the City, of which $4,180,000 in principal amount is subject to redemption and prepayment on February 1, 1996. 3. The Escrow Agent acknowledges receipt of the Federal Securities and agrees that it will hold such securities and beginning cash balance in a special escrow account (Escrow Account) created by the Resolutions in the name of the City, and will collect and receive on behalf of the City all payments of principal and interest on the Federal Securities and will remit from the Escrow Account (i) to the paying agent (Paying Agent) for the Refunding Bonds the funds required from time to time for the payment of interest on the Refunding Bonds to and including the Crossover Date; and (ii) to the Paying Agent for the Refunded Bonds the funds needed to pay the principal component of the redemption price for all of the outstanding principal amount of the Refunded Bonds on the Crossover Date. After provision for payment of all remaining Refunded Bonds, the Escrow Agent will remit any remaining funds in the Escrow Account to the City. The Escrow Agent shall apply the Bond proceeds and City contribution deposited with for the payment of costs of issuance of the Refunding Bonds as provided in Section 2 above, to the payment and disbursement of the costs of issuance as set forth in Exhibit B attached hereto. 4. In order to insure continuing compliance with the Internal Revenue Code of 1986, as amended, and regulations promulgated thereunder (collectively the Code) , the Escrow Agent agrees that it will not reinvest any cash received in payment of the principal of and interest on the Federal Securities held in the Escrow Account. This prohibition on reinvestment shall continue unless and until an opinion is received by Escrow Agent from nationally recognized bond counsel that reinvestments, as specified in said opinion, may be made in a manner consistent with the Code. Reinvestment, if any, of amounts in the Escrow Account made pursuant to this paragraph may be made only in direct obligations of the United States of American which mature prior to the next date on which either principal or interest on the Refunded Bonds is payable. 5. Escrow Agent expressly waives any lien upon or claim against the moneys and investments in the Escrow Account. 6. If at any time it shall appear to the Escrow Agent that the money in the Escrow Account allocable for such use hereunder will not be sufficient to make any • interest payment due to the holders of any of the Refunding Bonds, or principal payment due to the holders of any of the Refunded Bonds, the Escrow Agent shall immediately notify the City. The City thereupon shall BLP26623 BR291-98 2 forthwith deposit in Escrow Account from funds on hand and legally available • to it such additional funds as may be required to meet fully the amount to become due and payable. The City acknowledges its obligation to levy ad valorem taxes on all taxable property in the City to the extent required to produce moneys necessary for this purpose. Attached hereto as Exhibit C is a statement from , certified public accountants, dated 19_, certifying that such cash and securities are sufficient to comply with the requirements of the Act. 7. The City will not repeal or amend the Resolution which calls the Refunded Bonds for redemption on their Redemption Dates. The Escrow Agent shall cause the Notice of Call for redemption attached hereto as Exhibit D to be published in accordance with law not more than 90 days nor less than 45 days before said Redemption Date, and to give mailed notice not less than 30 days prior to the Redemption Date to the registered owners of the Refunded Bonds to be redeemed, at their addresses appearing in the bond register and also to the bank at which the principal and interest on the Refunded Bonds are then payable; but failure to give such notice shall not affect the validity of the call for redemption. 8. On or before February 1, 1993, and on or before February 1 of each year thereafter until termination of the Escrow Account, the Escrow Agent shall submit to the City a report covering all money it shall have received and all payments it shall have made or caused to be made hereunder during the preceding twelve months . Such report shall also list all obligations held in the Escrow Account and the amount of money on hand in the Escrow Account on • January 1 of each year. 9. It is recognized and agreed that title to the Federal Securities and cash, if any, held in the Escrow Account from time to time shall remain vested in the City but subject always to the prior charge and lien thereon of this Agreement and the use thereof required to be made by this Agreement. The Escrow Agent shall hold all such money and obligations in a special trust fund and account separate and wholly segregated from all other funds and securities of the Escrow Agent, and shall never commingle such money or securities with other money or securities; provided, however, that nothing herein contained shall be construed to require the Escrow Agent to keep the identical monies, or any part thereof, received for the Escrow Account on hand, but moneys of an equal amount (except to the extent such are represented by investments permitted under this Agreement) shall always be maintained on hand as funds held by the Escrow Agent as trustee, belonging to the City, and a special account shall at all times be maintained on the books of the Escrow Agent, together with such investments. In the event of the Escrow Agent's failure to account for any money or obligations held by it in the Escrow Account, such money and obligations shall be and remain the property of the City, and if for any reason such money or obligations cannot be identified, all other assets of the Escrow Agent shall be impressed with a trust for the amount thereof, and the City shall be entitled to a preferred claim upon such assets. It is understood and agreed that the responsibility of the Escrow Agent under this Agreement is limited to the safekeeping and segregation of the funds and securities deposited with it in the Escrow Account, and the collection of and accounting for the principal and interest payable with respect thereto. • BLP26623 BR291 -98 3 10. This Agreement is made by the City for the benefit of the holders of the Refunded Bonds, and is not revocable by the City, and the investments and other funds deposited in the Escrow Account and all income therefrom have been irrevocably appropriated for the payment of the callable principal amount of the Refunded Bonds at the Crossover Date and interest on the Refunding Bonds to the Crossover Date in accordance with this Agreement. 11. This Agreement shall be binding upon and shall inure to the benefit of the City and the Escrow Agent and their respective successors and assigns. In addition, this Agreement shall constitute a third party beneficiary contract for the benefit of the holders of the Refunded Bonds and said third party beneficiaries shall be entitled to enforce performance and observance by the City and the Escrow Agent of the respective agreements and covenants herein contained as fully and completely as if said third party beneficiaries were parties hereto. Any bank into which the Escrow Agent may be merged or with which it may be consolidated or any bank resulting from any merger or consolidation to which it shall be a party or any bank to which it may sell or transfer all or substantially all of its corporate trust business shall, if the City approves, be the successor agent without the execution of any document or the performance of any further act. 12. The Escrow Agent may at any time resign and be discharged of its obligations hereunder by giving to the Finance Director of the City written notice of such resignation not less than 60 days before the date when the same is to take effect and by publication of a copy of such notice in a daily or weekly Minnesota newspaper published in a Minnesota City of the first class, or its metropolitan area, which circulates throughout the state and furnishes financial news as part of its service, not less than 30 days prior to such date; provided that the full costs of securing a successor shall be paid by the Escrow Agent; and provided further that the successor shall also serve as the Escrow Agent without cost to the City. Such resignation shall take effect upon the date specified in the notice, or upon the appointment and qualification of a successor prior to that date. In the event of such resignation, a successor shall promptly be appointed by the City, and the Finance Director of the City shall immediately give written notice thereof to the predecessor escrow agent and publish the notice in the manner described in this paragraph 12. If, in a proper case, no appointment of a successor agent is made within 45 days after the receipt by the City of notice of such resignation, the Escrow Agent or the holder of any Refunded Bond may apply to any court of competent jurisdiction to appoint a successor escrow agent, which appointment may be made by the Court after such notice, if any, as the Court may prescribe. Any successor escrow agent appointed hereunder shall execute, acknowledge and deliver to its predecessor escrow agent and to the City a written acceptance of such appointment, and shall thereupon without any further act, deed or conveyance become fully vested with all moneys, properties, duties and obligations of its predecessor, but the predecessor shall nevertheless pay over, transfer, assign and deliver all moneys, securities or other property held by it to the successor escrow agent, shall execute, acknowledge and deliver such instruments of conveyance and do such other things as may reasonably be required to vest and confirm more fully and certainly in the successor escrow agent all right, title and interest in and to any property held by it hereunder. Any bank into which the Escrow Agent may be merged or with which it may be consolidated or any bank resulting from any merger or consolidation to which it shall be a party or any BLP26623 BR291 -98 4 bank to which it may sell or transfer all or substantially all of its corporate trust business shall, if the City approves, be the successor escrow agent without the execution of any document or the performance of any further act. 13. The Escrow Agent acknowledges receipt of the sum of $ as its full compensation for its services to be performed under this Agreement. 14. Any notice, authorization, request or demand required or permitted to be given in accordance with the terms of this Agreement shall be in writing and sent by registered or certified mail addressed: If to the City: City of Brooklyn Center, 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Attn: Finance Director If to the Escrow Agent: Attn: Corporate Trust Department 15. The exhibits which are a part of this Agreement are as follows: Exhibit A Federal Securities Exhibit B Costs of Issuance Exhibit C Cash Flow and Yield Verification Report Exhibit D Notice of Call for Redemption IN WITNESS WHEREOF the parties hereto have caused this instrument to be duly executed by their duly authorized officers, in counterparts, each of which is deemed to be an original agreement, on this 12th day of February, 1992. CITY OF BROOKLYN CENTER, MINNESOTA By Its Mayor ( SEAL) Attest: B Its City Manager (SEAL) B Its Corporate Trust Officer BLP26623 BR291 -98 5 EXHIBIT D NOTICE OF CALL FOR REDEMPTION $5,250,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1985A CITY OF BROOKLYN CENTER HENNEPIN COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that, by order of the City Council of the City of Brooklyn Center, Hennepin County, Minnesota, there have been called for redemption and prepayment on February 1, 1996 all outstanding bonds of the City designated as General Obligation Tax Increment Bonds, Series 1985A, originally issued as of December 1, 1985, having stated maturity dates of February 1 in the years 1997 through 2003, both inclusive, in principal amounts as set forth below, and with the following CUSIP numbers: Year Principal Amount Interest Rate CUSIP 1997 $ 360,000.00 7.7% 1998 430,000.00 7.9 1999 510,000.00 8.0 2000 595,000.00 8.0 2001 690,000.00 8.0 2002 795,000.00 8.1 2003 800,000.00 8.1 The bonds are being called at a price of par plus accrued interest to February 1, 1996, on which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment at the main office of Norwest Bank Minnesota, N.A. in the City of Minneapolis, Minnesota, on or before February 1, 1996. Dated: 19_. BY ORDER OF THE CITY COUNCIL By City Clerk, City of Brooklyn Center, Minnesota Further Information: BLP26623 BR291 -98 6 CITY OF BROOKLYN CENTER Council meeting Date 1/13/9 Agenda Item Number /Gl/ REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: An Ordinance Amending Chapter 35 of the City Ordinances Regarding the City Council's Review of Site and Building Plans DEPT. APPROVAL: Ronald A. Warren, Director of Planning and Inspection MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached x ) • Following review and deliberation the City Council concluded that it wished to make clear that it would not review revised site and building plans unless those plans had been reviewed first of all by the Planning Commission. The proposed ordinance amendment makes this position clear by adding to the site and building plan procedures a statement indicating that "If during City Council consideration of plans the applicant submits substantially altered plans from those originally submitted and reviewed by the Planning Commission, the Council shall refer the altered plans back to the Planning Commission for review and recommendation..." An exception to this practice would be changes or alterations which are requested by the City Council itself. This ordinance was first read on December 2, 1991, published on December 11, 1991 and is scheduled for public hearing on January 13, 1992. Recommendation It is recommended that the City Council, following public hearing on this matter, adopt the proposed ordinance amendment. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 19 at p.m. at the City Hall, 6301 Shingle Creek Parkway to consider an amendment to the Zoning Ordinance regarding the City Council's review of site and building plans. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please call the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE CITY COUNCIL'S REVIEW OF SITE AND BUILDING PLANS 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 -230. PLAN APPROVAL. It is declared to be the policy of the City to preserve and promote an attractive, stable residential and business environment for its citizens through encouraging well conceived, high quality developments. To this end, imaginative architectural concepts shall be employed in the design of buildings and in the development of respective sites. In this regard, every person, before commencing the construction or major alteration of a structure, except one and two family dwellings and buildings accessory thereto, shall make application for plan approval from the City Council. Plan approval may be required in conjunction with special use permit consideration. The following rules shall govern applications for plan approval. 1. Procedures e. The City Council shall make a final determination of the application within forty - eight (48) days of the recommendation by the Planning Commission, or in the event the Commission has failed to make any - recommendation, within one hundred and eight (108) days of the date of referral to the Commission. If during City Council consideration of the plans the applicant submits substantially altered plans from those originally submitted and reviewed by the Planning Commission, the Council shall refer ORDINANCE NO. the altered plans back to the Planning Commission for review and recommendation except for alterations or changes requested by the City Council. The time needed for such a referral and review of altered plans shall not count against the time period which the City Council has to make a determination on the application. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 19 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 January 13, 1992 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION SETTING FEES FOR PAWN SHOP AND SECONDHAND GOODS DEALERS LICENSES AND INVESTIGATIONS THEREOF ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: James Lind y, Chief of Police MANAGER'S REVIE /RECOMMENDATION: No comments to supplement this report Comments w /attached SLTAEVIARY EXPLANATION: (supplemental sheets attached yes ) In December, e ber the City Council 11 y approved the first reading of a proposed ordinance. regulating pawn shops and secondhand goods dealers within the City. The ordinance states that the fees for the two licenses and the background investigations to obtain the licenses shall be set by City Council resolution. The Council was given information regarding the license fees of other communities in the metro area. Based on this information, the Council requested that staff prepare the resolution with the license fees q P P at $12,000 per year and the investigations at $1,500. That resolution is attached. RECOMMENDED CITY COUNCIL ACTION That the City ouncil adopt the resolution i y p setting the fees for pawn shop and secondhand goods dealer licenses and investigations thereof. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 13th day of January , 1992 at 7:30 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 ADDING SECTIONS 23 -601 THROUGH 23 -633 TO THE CITY ORDINANCES RELATING TO PAWNBROKERS AND SECONDHAND DEALERS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. The Code of Ordinances of the City of Brooklyn Center is hereby amended by adding new Sections 23 -601 through 23 -633 as follows: Section 23 -601. DEFINITIONS For the purpose of Sections 23- 601 through 23 -633 the terms defined in this section have the meanings given them. 1. Pawnbroker means a person who loans money on deposit or pledge of personal property, or other valuable thing or who deals in the purchasing of personal property or other valuable thing on condition of selling the same back again at a stipulated price or who loans money secured by chattel mortgage on personal _property, taking possession of the property or any part so mortgaged 2. Secondhand Goods Dealer means a person whose regular business includes selling or receiving tangible personal ro erty (excluding motor vehicles) previously used rented, owned or leased. Section 23 -602. EXEMPTIONS. Sections 23 -601 through 23 -633 shall not apply to or include the following 1. The sale of secondhand goods where all the following are present. a. The sale is held on property occupied as a dwelling by the seller or owned rented or leased by a charitable or political organization; b. The items offered for sale are owned by the occupant; c. That no sale exceeds a sale of 72 consecutive hours; d. That no more than four (4) sales are held in any 12 -month period; e. That none of the items offered for sale shall have been purchased for resale or received on consignment for the purpose of resale. 2. The sale of goods at an auction held by an auctioneer, 3. The business of buying or selling only those secondhand goods taken as part or full payment for new goods and where such business is incident to and not the primary business of a person. 4. A bulk sale of property from a merchant manufacturer or wholesaler having an established place of business or goods sold at open sale from bankrupt stock 5. Goods sold at an exhibition providing the exhibition does not last longer than ten days in any twelve month period. 6. Sales by a licensed automobile dealer. 7. Firearms, including antique firearms sold by firearms dealers holding current valid federal firearms dealer licenses permitting them to deal in such sales 8. Sales made by the sheriff or other public officials,in the discharge of their official duties 9. Sales made by assignees or receivers appointed in this state to make sales for the benefit of creditors. Section 23 -603. LICENSE REQUIRED No person may engage in the business of a secondhand oods dealer or pawnbroker w' g p lthout first having obtained a license Subdivision 1. Separate Licenses Required: A pawnbroker may not conduct, operate or engage in the business of secondhand goods dealer without having obtained a secondhand goods dealer license in addition to a pawnbroker license. A secondhand goods dealer may not conduct, operate or engage in the business of a pawnbroker without having obtained a pawnbroker license in addition to a secondhand goods dealer license Section 23 -604. MULTIPLE DEALERS. The owners of a business at which two or more secondhand goods dealers are engaged in business by maintaining separate sales and identifying themselves to the public as individual dealers may obtain a multiple secondhand goods dealer license for that location A multiple license may not be issued unless the following requirements are met: 1. The business must have a single name and address; 2. The business must operate in a compact and contiguous space as specified in the license; 3. The business must be under the unified control and supervision of the one person who holds the license 4. Sales must be consummated at a central point of register operated by the owner of the business, and the owner must maintain a comprehensive account of all sales Subdivision 1. Compliance: The holder of a secondhand goods dealer license under this section for a business with more than one dealer at the same location must comply with all of the requirements of this section including the responsibility for police reporting and record keeping in the same manner as any other dealer licensed under this section. A dealer licensed under this section is responsible to its customers for stolen or misrepresented goods sold at its place of business in the same manner as any other dealer licensed under this section. Section 23 -605. LICENSE FEE. Subdivision 1. Pawnbroker: The annual fee for a Pawnbroker shall be set by the city council by resolution. Subdivision 2. Secondhand Goods Dealer: The annual license fee for a secondhand goods dealer, not a Pawnbroker, shall be set by the council by resolution Subdivision 3. Multiple Sales: The annual license fee for a secondhand goods dealer for a location where more than one secondhand goods dealer is engaged in business shall be set by the council. Subdivision 4. In addition to the annual fee the City Council may establish by resolution an investigation fee to be paid upon initial application and upon any change in ownership. Change in ownership shall include in the case of a partnership a change in identity of any partner and in the case of a corporation a change in ownership of more than five percent of shares. Section 23 -606. APPLICATION. Subdivision 1. Contents: A license a pp licant must complete an application form provided by the chief of police. The application must be in a form and reauest information of the applicant as determined by the chief of police. Subdivision 2. Execution: If the applicant is a natural person, the application must be signed and sworn by the person; if a corporation by an agent authorized to sign; if a partnership, by a partner. Subdivision 3. Fees: The application must be accompanied by the required license fee and the established fee for investigation. The annual license fee, but not the investigation fee will be returned to the applicant if the application is rejected or denied. Subdivision 4. False Statements: It is unlawful to knowingly make a false statement in the license application. In addition to all other penalties the license may be subsequently revoked by the city council for violation of this section. Section 23 -607. BOND A pawnbroker or secondhand goods dealer license will not be issued unless the applicant files with the city clerk a bond with corporate surety cash or a United States government bond in the amount of $5,000 for a pawnbroker license or $5,000 for a secondhand goods dealer license The bond must be conditioned on the licensee obeying the laws and ordinances governing the licensed business and paying all fees taxes Penalties and other charges associated with the business The bond must_ provide that it is forfeited to the city upon violation of law or ordinance. Section 23 -608. SITE PLAN. Subdivision 1 The application for a pawnbroker or secondhand goods dealer license must be accompanied y a site plan drawn to scale The site plan must contain: a. A legal description of the property upon which the Proposed license premises is situated b. A survey. C. The exact location of the license premise on the property, customer and employee parking areas access onto the property and entrances into the premises. d. The location of and distance from the nearest church, school, hospital and residence. e. A floor plan of the license premises Section 23 -609. INVESTIGATIONS. Subdivision 1 Conduct: The city, prior to granting of an initial or renewed pawnbroker or secondhand goods dealer license, must conduct a background and financial investigation of the applicant Anv person having a beneficial interest in the license must be investigated The chief of police shall cause to be made such investigation of the information requested in this ordinance and shall make a written recommendation and report to the city council The chief of police must verify the facts stated in the application and must _report all convicted violations of state, federal or municipal law involving the applicant, interested Persons, or the unlicensed premises while under the applicant's proprietorship Subdivision 2. At the time of each original application for a license the applicant shall pay in full an investigation fee in an amount set by city council resolution. All investigation fees are nonrefundable Subdivision 3. At any time that an additional investigation is required because of a license renewal a_ change in ownership or control of the licensee or because of an enlargement alteration or extension of premises previously licensed the licensee shall pay an investigation fee in an amount set by city council resolution. All investigation fees are nonrefundable The investigation fee shall accompany the application Section 23 -610. PUBLIC HEARING A pawnbroker or secondhand goods dealer license will not be issued without a public hearing Any person having an interest in or who will be affected by the Proposed license will be permitted to testify at the hearing The public hearing must be preceded by a 10 -day published notice specifying the location of the proposed licensed business premises Section 23 -611. GRANTING OF THE LICENSE. After review of the license application investigation report and public hearing the city council may grant or refuse for one or more of the reasons set forth in Section 23 -627 the application for a new or renewed pawnbroker or secondhand goods dealer license A license will not be effective unless the application fee and bond have been filed with the chief of police. Section 23 -612. PERSONS INELIGIBLE FOR LICENSE. Subdivision 1. A pawnbroker or secondhand goods dealer license will not be issued to: a. A person who is not a citizen of the United States or a resident alien, or upon whom it is impractical to conduct a background and financial investigation due to the unavailability of information; b. A person under 18 years of age; C. Subiect to the provision of law, a person has been convicted of any state or federal law relating to receiving stolen property sale of stolen property or controlled substance burglary, robbery, theft damage or trespass to property, operation of a business, or any law or ordinance regulating the business of pawnbrokers or secondhand goods dealers; d. A person who within five (5) years of the license application date had a pawnbroker or secondhand goods dealer license revoked; e. A person who the city council determines not to be of sufficient good moral character or repute; f. If the city council determines after investigation and public hearing, that the issuance of or the renewal of the license would adversely affect Public health safety or welfare Section 23 -613. PLACES INELIGIBLE FOR LICENSES. A license will not be issued or renewed under this section for any place or for any business: a. If taxes, assessments or other financial claims of the city or the State of Minnesota on the licensee's business premise are delinquent and unpaid; b. If the premise is located within 300 feet of a school or church• C. Where operation of a licensed premise would violate zoning ordinances or; d. Where the applicant's present license was issued conditioned upon the applicant making specified improvements to the licensed premise or the property of the licensed premise which improvements have not been completed. Section 23 -614. LICENSE LIMITATIONS. A license will be issued to the applicant only and only for the business premises as described in the application The license is effective only for the premise specified in the approved license application Section 23 -615. TERMS; EXPIRATION• PRO RATA FEE The license is issued for a period of one (1) year beginning on January 1 except that if the application is made during the license year, a license may be issued for the remainder of the license year for a monthly pro rata fee. The unexpired fraction of a month will be counted as a complete month. The license expires on December 31 Section 23 -616. LICENSE REFUND The city council may, in its Zudgement, refund a pro rata share of the license to the licensee or the licensee's estate if: a. The business ceases to operate because of destruction or damage; b. The licensee dies; c. The business ceases to be lawful for a reason other than license revocation; d. The licensee ceases to carry the licensed business under the license. Section 23 -617. DEATH OF A LICENSEE. In the case of the death of a licensee the personal representative of the licensee may continue operation of the business for not more than 90 days after the licensee's death. Section 23 -618. RECORDS A licensed secondhand goods dealer and pawnbroker, at the time of receipt of an item must immediately record, in ink or other indelible medium in the English language in a book or word processing unit the following information: a. An accurate description of the item including but not limited to any trademark identification number, serial number, model number, brand name and /or other identifying nark(s) on such item b. The purchase price; C- Date, time and place of receipt; d. Name, address, phone number and date of birth of the person from whom the item was received• e. The identification number from any of the following forms of identification of the seller; L1 Valid picture driver's license; (2) Official state photo identification passport or military I.D. f. The books, as well as the goods received must be open for inspection by the police department during business hours. The records required by this subsection must be stored and maintained by the licensee for a period of at least three (3) years Section 23 -619. DAILY REPORTS For the following items regardless of resale price a secondhand goods dealer or pawnbroker must make out on forms approved by the police department and send daily by mail or courier to the police department a legible description of the goods received during the preceding day, together with the time received and a description of the individual from whom the goods were received a. Items with a serial number, or other personal identification number or symbol or items from which such number or symbol has been or may have been removed, altered or obliterated; b. Cameras; c. Electronic audio or video equipment; d. Precious jewelry or gems and precious metals; e. Artist signed or artist attributed works of art; f. Guns and firearms; _ Items not included in the above except furniture and kitchen or laundry appliances which the secondhand goods dealer or pawnbroker intends to sell for more than $200. Section 23 -620. STOLEN GOODS A licensed pawnbroker or secondhand goods dealer must report to the police any article Pledged or received or sought to be pledged or received if the licensee has reason to believe that the article was stolen or lost. Section 23 -621. HOLDING An item received by a secondhand goods dealer or pawnbroker for which a report to the police is required may not be sold or otherwise transferred for a period of 12 days after the date of such report to the police However, an individual may redeem an item pawned 72 hours after the item was received on deposit excluding Sundays and legal holidays Section 23-622. RECEIPT A licensed secondhand goods dealer or Pawnbroker must provide a receipt to the seller or consignor of any item which includes: a. The address and telephone number of the business; b. The date; C. A description of the items purchased; d. The purchaser's or co- signee's signature Section 23 -623. POLICE ORDERS. If a city police officer or other law enforcement officer notifies a dealer not to sell an item, the item may not be sold or removed from the licensed premise until authorized to be released by the police or court order. Said notification, if verbal should be followed by a written order within 72 hours setting forth the item to be held and the reasons therefore. Section 23 -624. WEAPONS. Subdivision 1. A licensed pawnbroker or secondhand goods dealer may not receive as a pledge or otherwise accept for consignment or sale any revolver, pistol rifle or shotgun unless said dealer also maintains a federal firearms dealer's license. Subdivision 2. A licensed pawnbroker or secondhand goods dealer may not receive, as pledge or otherwise accept for consignment or sale any sawed -off shotgun automatic rifle, blackjack, switchblade knife, or other similar weapons or firearms. Section 23 -625. HOURS OF OPERATION. From 9 p.m. Saturday to 7 a.m. Monday, no property shall be received as a pledge on consignment or purchased by an pawnbroker or secondhand goods dealer; nor shall any property be sold during said hours by any pawnbroker or secondhand goods dealer, nor any other day before 7 a.m. nor any other day after 9 P.M. Further, no pawnbroker or secondhand goods dealer shall be open for business on Christmas Day or Thanksgiving Day. Section 23 -626. PROHIBITED ACTS. i Subdivision 1. Minors: A minor may not sell or consign or attempt to sell or consign goods with a secondhand goods dealer or pawnbroker. A secondhand goods dealer or pawnbroker may not receive goods from a minor. Subdivision 2. Others: A secondhand goods dealer or pawnbroker may not receive any goods from a person of unsound mind or an intoxicated person. Subdivision 3. Identification: A secondhand goods dealer or pawnbroker may not receive goods, unless the seller identification in the form of a valid picture driver's license or official state photo identification, United States passport or military I.D. Section 23 -627. LICENSE DENIAL, SUSPENSION OR REVOCATION. A license under this section may be denied suspended or revoked by the city council after a public hearing where the licensee is granted the opportunity to be heard for one or more of the following reasons: a. _The operation of the business is in conflict with any provision of this ordinance- b. The operation of the business is in conflict with a= health, building maintenance zoning or other provision of this ordinance or law; C. The licensee or the business premise fails to conform with the standards for license application contained in this section: d. The licensee has failed to comply with one or more Provisions of this section or any statute rule or ordinance pertaining to the business of pawnbroker or secondhand goods dealer; e. Fraud, misrepresentation or bribery in securing a license: f. Fraud, misrepresentation or false statements made in the course of the applicant's business; g_ Subject to the provisions of law, the licensee has been convicted of any state or federal law relating to receiving stolen property, sale of stolen property or controlled substances burglary, robbery, theft damage or trespass to property, operation of a business or any law or ordinance regulating the business of pawnbroker or secondhand goods dealer. Section 23 -628. REDEMPTION A person who pawns an item shall have at least 120 days to redeem the item before it may be sold Section 23 -629. PAYMENTS BY CHECK When a secondhand goods dealer or pawnbroker makes payment for an item pledged or received at the license place of business payment must be made by check made payable to the named payee who is actually the intended seller. Section 23 -630. INSPECTIONS Any peace officer or a properly designated employee of the city or the state of Minnesota may enter, inspect and search business premises licensed under this section, during normal business hours without a warrant Section 23 -631. COUNTY LICENSE Secondhand goods dealers and Pawnbrokers dealing in precious metals and stems must be licensed by Hennepin County in addition to the city license Section 23 -632. SEVERABILITY If any part of this ordinance shall be adjudged to be invalid by a court of competent Zurisdiction such judgment or decree shall not affect or impair the remainder of this ordinance. Section 23 -633. PENALTIES Any person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than seven hundred dollars ($700) and imprisonment for not more than 90 days, or both together with the cost of prosecution Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 199 Todd Paulson, Mayor ATTEST: Deputy Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION SETTING FEES FOR PAWN SHOP AND SECONDHAND GOODS DEALERS LICENSES AND INVESTIGATIONS THEREOF WHEREAS, the City of Brooklyn Center has adopted an ordinance regulating pawn shops and secondhand goods dealers; and WHEREAS, the ordinance states that licenses must be obtained to operate such establishments; and WHEREAS, the ordinance further states that applicants must be investigated by the police department before such licenses can be issued; and WHEREAS, the ordinance states these fees will be set by City Council resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following fees are hereby established. Pawn Shop License $12,000 per year Secondhand Goods Dealer License $12,000 per year Investigation fee for either $1,500 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 1/13/92 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: An Ordinance Amending Chapter 34 of the City Ordinances Regarding Wall and Freestanding Signs in the C2, I -1 and I -2 Zoning Districts ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: Ronald A. Warren, Director of Planning and Inspection ************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * ** * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report X Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached x ) • On December 2 and December 16, 1991 the City Council considered and discussed a Sign Ordinance Amendment that would reduce the amount of allowable wall signs in the C2, I -1 and I -2 Zoning Districts from the current 30% of the wall area to 15% and also, would establish a provision to allow establishments in these zoning districts to have an extra freestanding sign if they agreed to forego all permitted wall signs. The proposed ordinance would also establish certain standards for the additional freestanding sign. This ordinance was proposed in response to a request made by Mr. Frank Slawson, President of Marquette Bank Brookdale, for consideration of some Sign Ordinance modifications that would allow an additional, low -keyed freestanding sign at the bank. His request was first discussed by the City Council at the Council meeting on November 4, 1991. At the December 16, 1991 meeting the City Council, following review and deliberation on this matter, directed the staff to prepare for first reading an ordinance amendment reflecting their decision. Recommendation An ordinance amendment allowing a tradeoff between wall and freestanding signs has been drafted and is offered for consideration by the City Council for first reading. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of ' 19 at p.m. at the City Hall, 6301 Shingle Creek Parkway to consider an amendment to Chapter 34 of the City Ordinances regarding wall and freestanding signs in the C2, I -1 and I -2 zoning districts. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please call the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 34 OF THE CITY ORDINANCES REGARDING WALL AND FREESTANDING SIGNS IN THE C2, I -1 AND I -2 ZONING DISTRICTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 34 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: SECTION 34 -140. PERMITTED SIGNS. 3. Permitted Signs Requiring a Permit A. Commercial (C2) and Industrial (I -1 and I -2) Districts 1. Wall Signs and Projecting Signs. a. Individual Establishments Individual detached establishments or enterprises not clustered in a shopping center complex or in a multitenant office or industrial building may have wall signs and projecting signs on each wall, provided the aggregate area of such signs does not exceed [30] 15% of the area of the wall supporting the signs. b. Clustered Establishments Attached establishments or enterprises clustered in a shopping center complex or in a multitenant office or industrial building may have wall signs and projecting signs subject to the following: ORDINANCE NO. i. Each establishment or enterprise may have Is such signs on each of its exterior walls, provided the aggregate area of such signs does not exceed [30] 15% of the wall supporting the signs; ii. In lieu of the above, the aggregate of the establishments or enterprises may have a wall or projecting sign on each wall identifying the tenants collectively, or identifying the complex or building; provided the area of each sign does not exceed [30] 15% of the area of the wall supporting it. 2. Freestanding Signs d. Wall /Freestanding Sign Tradeoff An individual or clustered establishment may be entitled to one additional freestanding identification sign if the building owner, or a duly authorized agent, agrees in writing to forego all permitted wall signs and the additional freestanding sign is consistent with the following standards: 1. The additional freestanding sign shall consist of individual letters or cutouts, each affixed to a masonry retaining or landscape type wall structure which is no higher than 6' above ground level; 2. The masonry retaining or landscape type wall structure may not be located in the required greenstrip area or a parking lot and must be within 50' of one of the walls of the principal building on the Property; 3. The area of the individual letters or cutouts which are affixed to the masonry retaining or landscape type wall structure may not exceed 1/3 of the area of the permitted freestanding sign allowed for the property, per Table 34A of this ordinance; and 4. The individual letters or cutouts may not be internally lit, or backlit, and may only be illuminated by indirect lights such as a spotlight or floodlight which is consistent with Section 35-712 of the City Ordinances. ORDINANCE NO. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 19 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 12/16/9 Agenda Rem Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Discussion Item - A Sign Ordinance Amendment Allowing Certain Tradeoffs Between Wall and Freestanding Signs ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: Ronald A. arren, Director of Planning and Inspection MANAGER'S REVIEW / RECOMMENDATION: No comments to supplement this report Comments below /attached ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached x ) On December 2, 1991 the City Council considered a sign ordinance amendment that would reduce the amount of allowable wall signs in the C2, I -1 and I -2 zoning districts from the current 30% of the wall area to 15% and also would have established a provision to allow establishments in these zoning districts to have an extra freestanding sign if they agreed to forego all permitted wall signs. The suggested size of the extra freestanding sign was to be limited to no more than 1/2 the height and 1/2 the area of the normally permitted freestanding sign. This ordinance was ro osed in response to a request made b Mr. P P P q Y Frank Slawson, President of Marquette Bank Brookdale, for consideration of some sign ordinance modifications that would allow an additional, low -keyed freestanding sign at the bank. The amendment was also written to reduce the large amount of wall signery (up to 30% of a wall area) allowed in these zoning districts under the existing Sign Ordinance. The Council discussed this proposed ordinance amendment at some length. Concern was expressed that the proposal was too liberal in allowing additional freestanding signs in that it would allow more than the bank was requesting and also, the amendment did not require some of the aesthetic characteristics of the proposal which might be detrimental to the community if other businesses sought to maximize the second sign without the same types of aesthetic sensitivities as shown by the bank. The City Council chose not to have a first reading on the ordinance and directed further narrowing of the focus of the proposed ordinance amendment. SUMMARY EXPLANATION Page 2 December 16, 1991 Attached is a copy of the approved site plan for the remodeling of the Marquette Bank Brookdale. The plan has been labeled to show the locations of the existing sign and the proposed new sign. The size of the remodeled facility is 17,920 sq. ft. Based on this size facility in a C2 zoning district, and the table for allowable freestanding signs, the bank is entitled to a 200 sq. ft. freestanding sign at a maximum height of 27 ft. The proposed ordinance would, therefore, allow the second freestanding sign to be 100 sq. ft. in area and 13 1/2' high. Also attached is a copy of the plan for the additional freestanding sign which shows individual letters and a logo affixed to a masonry retaining type wall. The plan shows the measurements of the letters and logo to be 30" (2 1/2 x 12 for a total of 30 sq. ft. The wall is approximately 5' high x 19' long, for a total area of 95 sq. ft. If the entire wall is considered the sign, the area of the sign would also be 95 sq. ft. The following are some suggestions the City Council might want to consider in an ordinance amendment as a means of addressing the concerns expressed and yet allow, what seems to be an acceptable tradeoff for the type of sign proposed by the bank: 1. Continue with the wall sign reduction from 30% to 15% of the wall area. 2. Allow the second freestanding type wall sign in lieu of foregoing all wall signery. 3. Require the additional freestanding sign to have individual letters or cutouts, individually affixed to a masonry retaining or landscape type wall structure which is no higher than 6' above ground level. 4. Said wall structure may not be located in the required greenstrip area or a parking lot and must be within 50' of one of the walls of the principal building. 5. The area covered by the letters or cutouts may not exceed 1/3 of the area of the permitted freestanding sign for the site. 6. The letters and cutouts may not be internally lit or backlit and may only be illuminated by indirect lights such as a spotlight or floodlight. The above are all possible options which the Council may wish to consider in narrowing the focus of the ordinance or attempting to deal with aesthetic concerns within the confines of our existing ordinance structure. The City Council may have other suggestions as well which could be fit into a proposed ordinance amendment. It is recommended that the City Council review all of the various options and then give direction to the staff in terms of a possible ordinance amendment. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 19 at p.m. at the City Hall, 6301 Shingle Creek Parkway to consider an amendment to Chapter 34 of the City Ordinances regarding wall and freestanding signs in the C2, I -1 and I -2 zoning districts. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please call the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 34 OF THE CITY ORDINANCES REGARDING WALL AND FREESTANDING SIGNS IN THE C2, I -1 AND I -2 ZONING DISTRICTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 34 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: SECTION 34 -140. PERMITTED SIGNS. 3. Permitted Signs Requiring a Permit a. Commercial (C2) and Industrial (I -1 and I -2) Districts 1. Wall Signs and Projecting Signs. a. Individual Establishments Individual detached establishments or enterprises not clustered in a shopping center complex or in a multitenant office or industrial building may have wall signs and projecting signs on each wall, provided the aggregate area of such signs does not exceed [30] 15% of the area of the wall supporting the signs. b. Clustered Establishments Attached establishments or enterprises clustered in a shopping center complex or in a multitenant office or industrial building may have wall signs and projecting signs subject to the following: ORDINANCE NO. i. Each establishment or enterprise may have such signs on each of its exterior walls, provided the aggregate area of such signs does not exceed [30] 15% of the wall supporting the signs; ii. In lieu of the above, the aggregate of the establishments or enterprises may have a wall or projecting sign on each wall identifying the tenants collectively, or identifying the complex or building; provided the area of each sign does not exceed [30] 15% of the area of the wall supporting it. 2. Freestanding Signs d. Wall /Freestanding Sign Tradeoff An individual or a clustered establishment shall be entitled to one extra freestanding identification sign of not more than one half the height and area of the normally permitted freestanding sign(s) if that establishment shall agree in writing to forego all permitted wall signs. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 19 i Todd Paulson, Mayor ATTEST: Deputy Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) r -' I AICiNC SiTeAf - I ours 1 Palo 1 I 1 _ C:: 1 I ' EXISTING BANK BUILDING 1 - - �� Po E I I I PROPOSED BANK EXPANSION - rl o A, o I - XtSriNG S /GA1 �L - -7- I - � 11TIAWrtiU1 IAN.t �OAyG \ _ KhAa j PLANNING AND - - - - - - - - - - _ _ _ _ PARKING ATI \\ _ n M P ARKING ARKING f �IDESIGN INC NOC ►.IAA KING S TO Al rA rR IN 6 SS ` ..n...... . �....��. NOR TN ACCEIL ROAD eIILDINC INFORMATION MN. PARKING SPACES REQ'O tuft* 'A11 E um fen n • re ru l000 r. SITE P� W fi. lOwtA U fer/ f1 • 1 IIR 1000 ll Ilia ADDITION Il re fl /. II■ tee/ SS IN TOTAL Trfle IF or /"Till MIMING SO II Ir4INRt1G AN .fKNa I / rl/ /, / i< Brooke j� / #Aett b2f ptllC , IM Ill 011 1 m =f S/QNS INC. I FLAT CUTOUT ALUMINUM LETTERS STUD MOUNTED TO BLOCK WALL BAKED ENAMEL FINISH (OPTION ANODIZED BLACK BRONZE) � r i CITY OF BROOKLYN CENTER council Meeting Date 1/13/92 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION • ####### YY# YY## YY# YY## Y# Y##### YY#### YY###### Y###### Y# Y### # # # #Y # # # #Y # # # # # # # # # # # # # # # # # # # ## ITEM DESCRIPTION: DISCUSSION ITEM: RFP for Executive Compensation Study ## Y##### Y##### YY# Y## Y###### YY##### Y######### # # # # # # # # # # # # # # # # # # # # # # # # # # # # # ## DEPT. APPROVAL: Geralyn R. Barone, Personnel Coordinator ######## YY#### Y########## Y## ###### # Y# Y## # # # # # # # # # #Y # # #Y # # # # # #Y # # # # # # # ## # # # # # # # # # # # ## MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached ###### Y### Y##### Y# YY### Y### Y## YYY##### Y## Y#### Y## # # #YY # # # #Y # # # # # #YY # # # # # # # # # # # #Y SUMMARY EXPLANATION: (supplemental sheets attached ) • At several meetings in December 1991, the city council discussed and approved the concept of conducting an analysis of compensation for executive personnel employed by the City. The city council asked staff to prepare a Request for Proposals (RFP), and a copy of the RFP is attached for the council's consideration at this evening's meeting. In speaking with the City's labor relations consultants, we have identified three firms in the Twin Cities metro area which have the background and experience in conducting this type of study. When proposals are received and presented to the council for acceptance /rejection, the council may wish to evaluate the proposals by considering each firm's experience working with public, private, and not - for - profit sector compensation studies, as well as how much work has been done by the firms related to Minnesota pay equity compliance. The three companies are DCA- Stanton Group, Hewitt Associates, and Hay Management Consultants. A very rough estimate of stud costs is between n 1 Once he i nil ry g y t o $5,000 and 0,000. O t city council is prepared to accept a consulting firm the proper paperwork will be prepared to appropriate fundin P P g � P P P P P P g _ for this project. RECOMMENDED CITY COUNCIL ACTION Review /discuss /approve /modify /reject the RFP for the executive compensation study. CITY OF BROOKLYN CENTER REQUEST FOR PROPOSAL COMPENSATION STUDY OF EXECUTIVE POSITIONS January 13, 1992 PROJECT Development and conduct of a compensation study of City of Brooklyn Center executive positions, with a confirmation of existing compensation levels or recommendations for any changes to these levels. BACKGROUND The Brooklyn Center city council is concerned about the appropriateness of the compensation levels of its executive employees, particularly in comparison to what the market pays for positions of similar responsibility and scope in other jurisdictions. The city council wishes to examine these comparisons and make changes if deemed necessary. Such changes must be made with the intent of maintaining compliance with existing laws including, but not limited to, the Minnesota Pay Equity Act, the Minnesota Human Rights Act, the Federal Fair Labor Standards Act, federal EEOC laws, and federal civil rights laws. The executive positions in the City of Brooklyn Center are as follows: city manager, director of public works, director of finance /city treasurer, chief of police, director of recreation, director of planning and inspection, fire chief, city assessor, and liquor stores manager. COMPENSATION STUDY OBJECTIVES A. To identify the "market" for comparing executive positions by determining which public, private, and not - for - profit sector employers have positions with similar responsibilities, scope, qualifications, and experience. B. To obtain detailed market data and compare it to City of Brooklyn Center data. C. To confirm or recommend compensation levels and ranges for executive positions based on the market data collected and internal comparisons while maintaining compliance with existing laws. D. To recommend a performance review system for executive employees. SCOPE OF `YORK Your proposal should include a complete work plan to address each of the action items included in the following study components: A. PROJECT PLANNING AND MANAGEMENT 1. Describe the planning and management structure recommended by the consultant to manage and conduct the compensation study. 2. Develop a work plan and project an estimated timetable for initiation and completion of this study. The format for such a work plan is left to the discretion of the consultant, but should include mention of the major work tasks to be performed as part of each study component, accountability for each component, and a projected timetable for completion. Indicate the projected number of work days from start to end of the study. 3. Describe what assistance from the City of Brooklyn Center will be required to complete the study. B. COMPARISON DATA FOR EACH POSITION Identify and collect comparison data that will be similar to Brooklyn Center executive positions in the following ways from similar jurisdictions and, where appropriate, from similar private and not - for - profit employers. 1. Duties and responsibilities. 2. Scope related to number of divisions and employees supervised. 3. Minimum qualifications required to perform a job. 4. Minimum experience required to perform a job. 5. Average tenure in a position. C. COMPENSATION DATA TO COLLECT As part of the compensation analysis, the following data will be collected from the comparison employers. 1. Annual wage ranges. 2. Actual annual wages. 3. Eligibilitylnoneligibility for overtime compensation (comparability of exempt and nonexempt positions). 4. Eligibility for and use of compensatory time. 5. Other compensation including, but not limited to, longevity pay, insurance, vehicle allowance, and leave benefits. D. REPORTING FORMAT 1. Generate comparison data for each executive position. 2. Confirm or recommend compensation levels, including salary ranges, for each executive position. 3. Recommend a performance review system for executive employees, 4. Make an oral report to the city council of your findings. COSTS The response to the RFP must include projected costs for each of the tasks listed in the Scope of Work section. These estimates must include amount of staff hours and hourly rates. OTHER REQUIREMENTS The following requirements must also be met. A. Complete proposals must be received by the following contact person no later than 4:30 p.m. on Friday, February 14, 1992: Geralyn R. Barone Personnel Coordinator City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 (612)569 -3300 B. Proposals must include three references, which will include company names, addresses, phone numbers, and specific contact people. C. Proposals must identify the names of those individuals from the consulting firm who will work on this project. A brief professional background should be included for each person. CITY OF BROOKLYN CENTER Council Meeting Date 1 /13 / /92 / • Agenda Item Number 1 .b REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: AN ORDINANCE RELATING TO DEVELOPMENT OF A COMMUNITY FORESTRY WORK PLAN, AND POLICIES REGARDING PUBLIC TREE CARE DEPT. APPROVAL: Sy Knapp, Di ctor of Vublic Works MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comment eloW /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes • The attached draft ordinance relating to development of a community forestry work plan is presented for discussion. Establishment of a tree ordinance is, along with designation of official Arbor Day celebrations, the last formal step toward obtaining Tree City USA status. Tree City USA status is essential in qualifying for many grant programs. Grant applications to the Global ReLeaf Fund for tree planting matching funds are presented for Council authorization. SUMMARY OF DRAFT ORDINANCE The attached memo from Public Works Coordinator Diane Spector presents several items for discussion by the Council. The following are the major items included in the draft ordinance: o The Director of Public Works or his designee is declared responsible for developing an annual tree planting and maintenance plan, and for enforcing policies thereof o The City has the right to trim boulevard trees, as needed, to allow the movement of street maintenance equipment along the streets. All other boulevard tree trimming, except that relating to storm damage, is the responsibility of the adjacent property owner. o The City is responsible for cleaning up storm damaged boulevard trees, except for stump removal. o The diseased tree abatement ordinance is brought into the tree ordinance from the public nuisance section of the ordinances. The policy of the City paying 50% of the cost of removal of diseased boulevard trees provided the removal is conducted under the City's tree contract is added to the diseased tree abatement ordinance. o Where there is no sidewalk, no tree may be planted closer than eight feet from the edge of street or back of curb. Where there is a sidewalk, and the boulevard is greater than six feet in width, trees may be planted midway between the sidewalk and the edge of the street. No trees may be planted where there is a sidewalk and the boulevard is less than six feet wide. Trees planted within sidewalks must be planted in tree grates, with design approval by the Director of Public Works. o No tree may be planter closer than four feet from the edge of the sidewalk which is closest to the property line. No tree may be planted within five lateral feet of any underground utility. Only trees which may attain a maximum height of up to 25 feet may be planted within ten lateral feet of overhead wires. o To promote diversity in the urban forest, the ordinance would require the Council to annually approve a resolution designating allowable • boulevard tree species. The Director of Public Works would have the authority to grant exceptions. GRANT APPLICATIONS Application number 1 requests matching funds of $3,299 from the Global ReLeaf Fund for the proposed Evergreen Park Beautification /Windbreak Planting project. Of the $3,299 matching City funds required, $1,000 would be provided from the $3,000 included in the Division 69 annual budget for park /trail trees. The remaining funds would be provided from operating funds. Grant City Funds Funds Trees 0 1 000 $1,000 Planting cost 1,297 1,297 SUBTOTAL, Planting Cost $2,297 $2,297 Annual "upgraded" maintenance -Year 1 501 501 Annual "upgraded" maintenance -Year 2 501 501 SUBTOTAL, Maintenance $1,002 $1,002 GRAND TOTAL $3,299 $3,299 Application number 2 requests matching funds to double 1990's successful Residential Reforestation Program. This program provided $50 vouchers to property owners to purchase and plant a tree on the boulevard or on their property. We received more applications than we had funds available, and believe that with more lead time and a spring planting date the response will be even greater. The application requests $3,000 to match $3,000 included in the 1992 budget for reforestation. RECOMMENDED CITY COUNCIL ACTION Draft Ordinance: Review and comment on the ordinance as proposed. Grant applications: Approve by motion the applications the Council wishes staff to submit. r • MEMORANDUM January 9, 1992 TO: Sy Knapp FROM: Diane Spectorc3— `�— SUBJ: Draft Tree Ordinance For Review The National Arbor Day Foundation and the US Forest Service have established as a requirement of obtaining Tree City USA status a municipal tree ordinance. This ordinance should designate the tree board or department and give them the responsibility for writing and implementing the annual community forestry work plan. The ordinance should determine public tree care policies for planting, maintenance, and removals. Ideally, the city tree ordinance will make provisions for establishing and updating a list of recommended street tree species to be planted with spacing and location requirements. Attached (Attachment 1) is a draft ordinance for review. It is based on the Arbor Day Foundation's sample ordinance, ordinances of Metro area cities, and our established tree care policies. While most of the draft ordinance is straightforward, I do want to point out the following items for discussion: 1. In the public nuisance chapter of the ordinances, sections 19 -102 and 103 (see attachment 2) make it a public nuisance to accumulate rubbish; among the items defined as rubbish are "dead trees or branches thereof". This cletinition is somewhat ambiguous, as it appears in a paragraph listing various kinds of waste: it is not clear if the definition applies only to dead trees and branches which have been cut down and are now accumulating on the ground, or if standing dead trees are also covered. I have expanded upon this nuisance definition within the Tree Ordinance, section 20 -202, Pruning and Removal of Dead Branches and Trees. This section declares standing dead trees a public nuisance and orders their removal. Dead trees located on City -owned open space or nature areas are exempted from this requirement. Question: In 1991, we sent letters to 21 property owners notifying them that the tree inspector noted a dead tree on their property. We gave property owners with dead trees which did not die of a communicable disease the option to use the City's diseased tree contract for removal. Eleven property owners chose this option; two were for boulevard trees. In such a case, if the tree is a boulevard tree, should the City pay 50 percent of the cost of removal? 2. Not addressed in the draft ordinance is the question of licensing or otherwise registering tree trimming and removal contractors. According to the "Municipal License and Permit Survey" conducted in 1991 by the Association of Metropolitan Municipalities, 25 Metro area cities charge such a fee, ranging from $5 to $162. The most common is $25. Tree Inspector Ole Nelson recommends consideration of such a license, based on his experiences in the field. He believes there is a need to provide protection for the public by requiring proof of insurance. He also would benefit from having a list of licensed tree trimmers /removers to hand out when he makes his diseased tree inspection rounds. Licensing could help in eliminating the "fly by night" operations that move into the city after a storm. On the minus side, licensing a tradesperson does connote approval of the person's methods and quality of work. Some residents could view a listing of licensed tree trimmers as a listing of contractors whose work the City approves of or even guarantees. One option would be a requirement that all tree trimmers /removers obtain a city registration, which could require proof of insurance and perhaps a bond. We would be careful to describe such registered contractors as "contractors which have approved insurance coverage." This would provide some protection to property owners and reduce the implication of city approval. 3. The draft ordinance states that the Council would annually adopt a resolution (see attachment 3) identifying allowable species for planting as boulevard trees. It is important to maintain a variety of species to reduce the impact of future tree disease. The resolution would allow the Director of Public Works or his designee to allow exceptions. Attachment 1 D R A F T January 9, 1992 TREE ORDINANCE Section 20 -100 PURPOSE. The purpose of this ordinance is to establish policies to protect and enhance the City of Brooklyn Center's urban forest, to the extent found by the City Council to be practical within available financial and staff resources. Section 20 -101 MANAGEMENT. The director of public works or designee shall be responsible for developing policies regarding the care, preservation, planting, replanting, removal, or disposition of trees and shrubs in parks, in the public right of way, along trails, and in other public areas, and for developing an annual tree planting and maintenance plan. Section 20 -102 DEFINITIONS. The language set forth in this ordinance shall be interpreted in accordance with the following definitions. Boulevard. The area between the edge of the street or the back of the curb where curb and gutter exist and the property line. Public tree. Any tree or shrub located in any park, public right of way, trail, or other public space. 0 Public space. Includes but is not limited to the grounds of public buildings; designated open space, city owned property; street, alley, and trail rights of way. CARE AND MAINTENANCE OF TREES Section 20 -200 PUBLIC TREE CARE IN GENERAL. The City shall have the right to plant, prune, maintain, and remove trees, plants, and shrubs in parks, in the public right of way, along trails, and in other public areas, as may be necessary or desirable to protect public safety or to preserve or enhance the symmetry and beauty of such public grounds. The City may remove or cause or order to be removed any tree or part thereof which is in an unsafe condition or which by reason of its nature or location is injurious to sewers, electric power lines, gas lines, water lines or other public improvements, or is affected with any injurious fungus, insect, or other pest. This section does not prohibit the planting of boulevard trees by adjacent property owners providing the selection and locations of said trees are in accordance with the provisions of this code. Section 20 -201 TREE TRIMMING. The City shall have the authority to trim trees in parks and other public spaces. The City shall have the authority to trim boulevard trees, as needed, to allow the movement of the tallest pieces of street maintenance equipment along the streets. The property owner shall be responsible for aesthetic trimming; on any corner lot trimming necessary to allow visibility at intersections in the sight triangle bounded by the property lines of said lot and a straight line joining points on such property lines 25 feet from their intersection of the property lines, pursuant to Section 35 -560 of this code; and any other trimming not specifically assigned to the City in this section. Page 2 Section 20 -202 PRUNING AND REMOVAL OF DEAD BRANCHES AND TREES. Every owner of anv tree within the City shall prune the branches so as to remove all dead, diseased, dangerous, or broken or decayed limbs which constitute a menace to the safety of the public. Any standing dead or fallen tree is hereby declared a public nuisance pursuant to sections 19 -101 through 19 -106 of this code, and shall be removed and disposed of immediately. Standing and fallen dead trees located in public -owned nature areas or open spaces shall be removed at the discretion of the Director of Public Works or designee Section 20 -203 STORM DAMAGE. The City shall be responsible for cleanup of downed or broken limbs or otherwise storm damaged boulevard trees. The adjacent property owner is responsible for stump removal. Section 20 -204 STUMP REMOVAL. All boulevard stumps shall be removed four inches below the surface of the ground so that the top of the stump shall not project above the surface of the ground. Section 20 -205 ABUSE OR MUTILATION OF TREES. No person shall intentionally damage, cut, carve, transplant, or remove any public tree; attach any rope, wire nails, advertising posters, or other contrivances to any public tree; allow any gaseous, liquid, or solid substance which is harmftil to such trees to come into contact with them; or set any fire or permit any fire to burn when such fire or the heat thereof will injure any portion of the tree; or to direct or authorize such activity or circumstance. Section 20 -206 PRESERVATION STANDARDS. No Excavation Permit, Building Permit, Plat Approval, or Site Plan Approval may be granted until the Director of Public Works or designee determines that the existing trees are adequately protected and preserved. Only adequately protected and preserved trees may be considered as providing credit toward site landscaping requirements for certain types of development detailed in Chapter 35 of this code. DETECTION AND CONTROL OF TREE DISEASES Sections 19 -1501 through 19 -1505 are hereby renumbered 20 -301 through 20 -305. Section 19 -1506 is hereby deleted. - Section 20 -306 CITY COST PARTICIPATION. The City shall pay 50 percent of the cost of removal of diseased boulevard trees, provided such removal is conducted under the City's annual Diseased Tree Removal contract. Page 3 PLANTING OF TREES Section 20 -400 DISTANCE FROM EDGE OF STREET OR SIDEWALK. Where there is no sidewalk, no tree may be planted closer than eight feet from the edge of the street, or from the back of the curb where curb and gutter have been installed. Where there is a sidewalk and the boulevard is between six and twelve feet wide, boulevard trees are permitted provided they are planted in the middle of the boulevard. Where there is a sidewalk and the boulevard is less than six feet wide, no boulevard trees may be planted. Any trees planted within sidewalks must be planted utilizing tree grates. Such sidewalk planting is subject to design details approved by the Director of Public Works. On the side of the sidewalk nearest the property line, no tree may be planted closer than four feet from the edge of the sidewalk. Section 20 -401 UTILITIES. No boulevard trees other than those which may attain a maximum height of 25 feet or less at maturity may be planted under or within 10 lateral feet of any overhead utility wire. No boulevard tree may be planted over or within 5 lateral feet of any underground water line, sewer line, transmission line, or other utility. Section 20 -402 RECOMMENDED TREE SPECIES. The City promotes a diverse urban forest so as to minimize the spread of tree disease. To assist in meeting this goal, the City Council shall annually adopt a resolution designating allowable boulevard tree species. b Section 20 -600 PENALTIES. Any person violating any provision of this ordinance, upon conviction thereof, shall be punished by a fine not to exceed seven hundred dollars ($700) or by imprisonment not to exceed ninety (90) clays or both, together with the costs of prosecution. Attachment 2 CHAPTER 19 - PUBLIC NUISANCES AND PETTY OFFENSES NUISANCES - GENERALLY Section 19 -101. PUBLIC NUISANCE DEFINED. Whoever, by act or failure to perform a legal duty, intentionally does any of the following is guilty of maintaining a public nuisance, and is punishable as set forth herein: 1. Maintains or permits a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort, or repose of any number of members of the public; or 2. Interferes with, obstructs, or renders dangerous for passage, public streets, highway or right of way, or waters used by the public; or 3. Is guilty of any other act or omission declared by statutory law, the common law, or this ordinance to be a public nuisance, whether or not any sentence is specifically provided therefor; or 4. Permits real property under his or her control to be used to maintain a public nuisance or rents the same, knowing it will be so used. Section 19 -102. DEFINITIONS. The following words, when used in this ordinance, shall have the meanings ascribed to them: 1. Garbage includes all putrescible animal, vegetable or other matter that attends the preparation, consumption, display, dealing in or storage of meat, fish, fowl, birds, fruit, or vegetables, including the cans, containers or wrappers wasted along with such materials. 2. Rubbish is nonputrescible solid wastes such as _wood, leaves, trimmings from shrubs, dead trees or branches thereof, shavings, sawdust, X excelsior, wooden waste, printed matter, paper, paper board, 'paste boards, grass, rags, straw, boots, shoes, hats and all other combustibles not included under the term garbage. Section 19 -103. PUBLIC NUISANCES FURTHER DEFINED. It is hereby declared to be a public nuisance to permit, maintain, or harbor any of the following: 1. Diseased animals, fish or fowl, wild or domestic, whether confined or running at large. 2. Carcasses of animals, fish or fowl, wild or domestic, not buried or destroyed within 24 hours after death. 3. Garbage not stored in rodent free and fly -tight containers, or; garbage stored so as to emit foul and disagreeable odors, or; garbage stored so as to constitute a hazard to public health. 1 4. Accumulations of rubbish as defined herein. 5. The dumping of any effluent, garbage, rubbish, wastewater, or other noxious substance upon public or private property. Attachement 3 Member introduced the following resolution and moved its adoption: ** * E X A M P L E ** RESOLUTION ADOPTING ANNUAL LIST OF ALLOWABLE BOULEVARD TREES WHEREAS, the City Council of the City of Brooklyn Center promotes a diverse urban forest so as to minimize the spread of tree disease; and WHEREAS, section 20 -402 of the ordinances provides for an annual listing of allowable boulevard tree varieties. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The following is the list of allowable boulevard trees for 1992: Patmore Ash Pin Oak Summit Ash Red Oak Hackberry Skyline Honeylocust Sugar Maple Shademaster Honeylocust Schwedler Maple Imperial Honeylocust American Linden Little Leaf Linden Redmond Linden [Note l: This list does not include coniferous trees because it is rarely possible to avoid sight distance problems when planted on the boulevard.] [Note 2: Should this list include ornamental trees ?] 2. Exceptions may be made to the above list only by written permission from the Director of Public Works or his designee. 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 1/13/92 Agenda Item Number / 3 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: STATUS REPORT REGARDING 69TH AVENUE STREET IMPROVEMENTS DEPT. APPROVAL: Sy Kna�i , Director of Public Works MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes • Attached hereto is a status report regarding the 69th Avenue reconstruction project, for review and discussion at the 1/13/92 Council meeting. On each sheet, SEH's comments are on the left side, and City staff's comments and recommendations are on the right side. It is recommended that each item be discussed at the Council meeting, and that on those items where the need for a decision is indicated, the Council adopt motions as appropriate. Brooklyn Center, MN 69th Avenue Reconstruction City Staff Status Report Comments & Recommendations January 7, 1992 I. Items For Council Decision (See Attached For More Information) A. Bus Stop Shelters at France Avenue 1. Use an MTC standard shelter I.A. Comments The City has 3 choices, i.e.: a. If the City is willing to pay for the installation and site improve- I. Request MTC to install a shelter and wait for them to do it when it ments (loading platform and sidewalk modifications) MTC will reaches the top of their priority list (such a request was submitted last supply the shelter free of charge. year). b. If the City is not willing to pay for installation and site costs, the Cit- y's request will be ranked with others to determine need. The re- 2. If the City installs the site improvements, MTC will install a shelter. quest should be made in writing to MTC. 3. If the City wants a different design shelter than MTC's standard, the City c. Typical installation costs can cost up to $2,500. must bear all costs. d. If the City uses an MTC shelter, they will be asked to sign a mainte- nance agreement. The City would be responsible for trash pick up Recommendation Staff recommends that the "site improvements" for the mid - and snow removal. MTC would be responsible for repairs caused by block stop between France and Grimes Avenues be installed by the City as a par: vandalism and accidents. MTC would also wash the shelter. of the project. MTC would then install the shelter. e. There are three bus stop locations at France Avenue. (See enclosed Action Required: Council direction. sketch). MTC may not be able to supply shelters for each location. 2. Design another type of shelter a. MTC will not participate in cost or maintenance of any other type of shelter designed and installed by the City. b. MTC would assist with information to aid in the design. c. Potential costs for design, installation and maintenance have not been identified. B. Sprinkler System Options /Costs I.B. Comments Staff believes it is important to maintain the center median well, so 1. Ty of sprinkler system would have o u low trajectory spray that grass and plantings will provide the maximum parkway impact. YP P Y p op P 1 Y heads (necessary to water sod). Preliminary investigation shows two Recommendation Staff recommends installation of a sprinkler system on the control, power and water connection locations; one to serve west of medians. West Palmer Lake Drive and one to serve east of West Palmer Lake Drive. Action Required: Council direction. 2. Estimated cost to water the medians: $30,000. 3. Estimated cost to water the north 10' boulevard strip between Brooklyn Boulevard and West Palmer Lake Drive: $31,000. Broo0enter Status Report January 7, 1992 Page #2 a. Double the cost to include the south boulevard. b. Expensive because the small coverage area requires many spray heads. It is not recommended to spray over trail or sidewalk be- cause of the liability involved. 4. Estimated cost to water the landscaping area north of the bituminous trail on the north side of 69th from Brooklyn Boulevard to West Palmer Lake Drive: $20,000. 5. Estimated costs do not include engineering costs for design and con- struction. I.C. Comments This would provide a 2 -foot wide hard - surfaced strip behind the C. Two Foot Median Maintenance Strip Options /Costs (See Attached) curb - to reduce the visual impact of annual die -out from salt, sand, and sun. 1. Four inch concrete walk. Installation of a 2 -foot wide strip behind all curbs on the center median would require 8300 square feet of surface, costing between $20,000 and $50,000 a. Unit cost is approximately $2.50 per square foot for plain concrete. depending on the type of surface selected. b. If the concrete is colored, the unit cost is $3.30 per square foot. c. If the aggregate is exposed, the unit cost is approximately $3.75 per Installation of a 2 -foot side strip behind all 'Outside" curbs would require 15,500 square foot. square feet of surface, costing between $39,000 and $95,000, depending on the 2. Concrete pavers can cost approximately $6.00 per square foot. type of surface selected. 3. Other options could include granite pavers, median paving or just Recommendation Staff believes the costs for this "solution" outwei the placement of sod. benefits. However, the Council may wish to consider installing these for aesthcu.- II. Council Information Items reasons. A. Signals Action Required: Council direction. 1. The signal justification report at France Avenue was approved by Mn/ DOT. ILA. Comments MNDOT has approved installation of signals at the France 2. The new signal at France and the revised signal at Brooklyn Boulevard intersection, with MSA participation. will be included in the roadway contract. Hennepin County DOT called me on 1/8/92 to advise thev will participate in 3. Mn /DOT has approved MSA participation in the cost of the signal at 50% of the costs of the Brooklyn Boulevard signal revisions. They will prepare ar: France Avenue. Hennepin County has been asked to participate in the agreement. signal revision costs at Brooklyn Boulevard. B. Private Utilities Action Required: None at this time. 1. SEH is coordinating meetings with the private utility companies. a. ;A meeting with Minnegasco has been scheduled for 1:00 p.m. on Friday, January 10 at SEH's offices. b. A meeting with NSP has been scheduled for Monday, January 13 at 10:00 a.m. at SEH's offices. c. Meetings with cable TV and US West are pending. 2. Roadway grades have been designed to minimize impact to large utili- ty conduits that exist in the right -of -way. _ Broo i enter Status Report Janus 992 Page #3 3. The Citv is working with NSP to get estimates of cost to bury the over- II.B. Comments NSP is preparing an agreement which will be presented to the Citv head power lines. Cost approximately $300,000. There are two over- Council for consideration soon. head lines. One is a feedermain and the other is a distribution line that serves the residences. It is desirable to bury both lines. However, there Recommendation Regarding the "undergrounding" of overhead service lines t , are costs to the property owners. the property owners on the south side of 69th Avenue, City staff recommends tL:,: the City agree to pay for the direct costs (estimated at 5400 to S1600 /10use) fur a. If the distribution lines are undergrounded, the service to residential each of the houses where undergrounding of services is necessitated by the Cit homes will also require undergrounding. project (we now estimate there will be 8 or 9 such houses), but that the proper r. b. Individual service rewire would have to be done by the property owners assume the additional 52.00 /month charge. owner's electrician at the property owner's expense. If the existing service entrance meets code it could cost $300 to $500. If the en- Our meetings with the property owners have been dela one week, so that star trance and breaker need upgrading it could cost the property owner can have the benefit of the Council's decision on this item before meeting kith as much as $1,500. the owners. c. The property owner will also have to pay NSP approximately $100 At these meetings, we will also review other items with the owners - (i.e., to wire into meter and there will be an additional $2.00 per month driveways, trees, etc.)_ extra charge from NSP if undergrounded. d. City staff has proposed to give the property owners a choice and Action Required: Council decision regarding payment of costs for plan to have neighborhood meetings to discuss the power under- undergrounding service lines. grounding January 14 and January 22 from 4:00 to 7:00 p.m. at City Hall. C. Existing Trees Within The Construction Limits ILC. Comments See enclosed plan sheets. We will review this in detail at the Crni :c 1. By designing an independent grade for the east and west bound lanes meeting. between Halifax and France and Drew, it is possible to save 11 trees in Action Required: No action required. the median. a. The sizes range from 8" diameter ash to 36" diameter oak, including two 10" to 12" pines. b. The difference between the two alignment grades is not more than 2 vertical feet. c. A 2 foot high retaining wall is required in the median between France and Drew. A keystone wall similar to the wall built on West River Road is being considered for use. 2. Seven trees on the north side of the road within the construction limits can be saved. a. The trail grade and alignment has been designed to avoid most of the trees that would otherwise be impacted by grading. A small re- taining wall is necessary to protect trees just east of France. b. The trail alignment and elevation is still a good distance and at a de- pressed elevation from the newly exposed backyards. This was a concern of the neighbors. 3. Refer to the sketch illustrating the saved tree locations. Cross sectional views are also provided. Bro*_ enter Status Report S January 7, 1992 Page #4 D. Berm Design II.D. Comments See enclosed plan sheets. We will review this in detail at the Counci 1. The attached sketch also illustrates proposed berms to be constructed meeting. with the 1992 roadway construction out of excess grading material. The Action Required: No action required. final landscaping materials will follow in 1993. 2. The design is based on the preliminary landscaping layout presented in the summer of 1991. a. Provide positive drainage. b. Does not fill around the drip line of existing trees. c. Berm elevation is maximized where possible but shaped to maintain the sinusoidal flow of design concept. E. Phase One Construction Status - Reinforced Embankment Construction at II.E. Comments Unfortunately, it is not possible to complete construction of the Palmer Lake Basin roadway through the Palmer Lake area in 1992 because the soils are not 1. The soil correction process at Palmer Lake Basin is proceeding at a consolidating as quickly as predicted —its taking 3 to 4 times as long as original`. much slower pace than originally anticipated. predicted. Accordingly, it is ( necessary to postpone construction of the road:. a. through Palmer Lake until 1993 or possibly 1994 — depending on how soon:~ 2. STS has completed the additional field vane shear tests to determine the required strength is developed. actual strength gain of the peat so far. They have performed stability analysis to determine factors of safety to use as a guide for allowing ad- ditional fill to be placed to continue building the embankment and sur- charge. a. The tests show only minimal strength has increased. b. Current predictions indicate construction of the roadway thru the swamp in 1992 is not possible. The peat is reacting very slowly and the project must proceed very cautiously to avoid failure. It may be possible to construct that section of road in the fall of 1993 or per - haps not until 1994. A staging plan to divide the roadway construc- tion project into two parts near West Palmer Lake Drive is being developed. c. Adequate factors of safety have been calculated that have resulted in STS recommending an additional 3 to 6 foot lift be placed now. d. Current settlement predictions indicate total settlement will be less. 3. STS will continue to monitor the construction process, the reaction of the peat and attempt to forecast possible completion of this phase of the project. F. Proposed Construction Staging II.F. Comments Roadwav construction of the segment between Palmer Lake and 1. 1992 roadway construction will cover the segment from Palmer Lake to Brooklvn Boulevard can be completed in 1992, with !an. dscapino of that Brooklyn Boulevard. in early 1993. Roadway construction of the segment through Palmer Lake ii: need to be scheduled in 1993 or 1994, when tests indicate that the proper 2. 1992/1993 roadway construction will cover the segment from Palmer conditions have been achieved. Lake to Shingle Creek Parkway. 1993 construction will also include a landscaping contract. Action Required: No action required. Note: staff will send letters to residents in the area of Palmer Lake, advising there of this change of schedule.) 0 0 0 G. Final Design 50 Review II.G. Comments: At this time SEH believes they will complete their work ''within 1. 55% of the budget estimated for roadway, utility and signal design has budget ". been spent. - Action Required: No action required. 2. Approximately 50% of the task hours estimated have been completed. H. Project Schedule II.H. Comments This schedule applies to the scament benveen Brooklyn Bout - me 1. Plans and specifications for 1992 roadway construction will be submit- and Palmer Lake. ted to the Council for approval on January 27, 1992. 2. Submit plans and specifications to Mn /DOT for review January 27, Action Required: No action required. 1992. 3. Advertisement for bid - February 21 and 28 and March 6. 4. Openbids -March 17. 5. Council awards project -March 23, subject to receipt of plan approval from MNDOT. 6. Construction begins Mid -April 1992. I TYPE OF SHELTERS There is only ne Y type of shelter available through MTC. If the City would like some other type of shelter MTC will not participate in the cost or any maintenance of the shelter. MTC would be available to help the City design their own shelter. They would supply the City with MTC shelter specifications and the names of manufacturers. They would also help with the layout of the Y shelter and loading platform. If the City is willing to use MTC's standard shelter and pay for the installation and site improvements (loading platform and sidewalk modifications) MTC will supply the shelter free of charge. If the City is not willing to pay for site improvements and installation the request will be added to a list with other requests. These requests are ranked using several factors which determine the need for a shelter. MAINTENANCE If the City chooses to use an MTC shelter they will be asked to sign a maintenance agreement. This agreement will make it the City's responsibility to pick up trash and handle snow removal at the shelter. MTC would be responsible for repairs caused by vandalism and accidents and would wash the shelter periodically. COSTS Typical YP 1 costs of installations can range from $500 to $2,500 depending on the site. Electrical work for lighting can run as much as $1,500 and concrete work can run between $500 and $1,000 depending on the contractor and how much work there is. Some cities have done the concrete work in conjunction with sidewalk improvements in order to get a better price from the contractor. PROCEDURE If the City decides they would like a shelter they should send a letter to MTC. The letter should state where each shelter is being requested. MTC may not be able to supply shelters for all three bus stops at 69th Avenue and France Avenue. c a� Q EXPRESS BUS STOP E . c'3 MID BLOCK 69th AVENUE THE STOP BETWEEN FRANCE AVE. AND n, GRIMES AVE. IS PRESENTLY ON FRANCE AVE. c ACROSS FROM THE EXPRESS STOP. > MTC THOUGHT IT WOULD BE BEST TO � MOVE THIS STOP SO THAT BUSES WON'T BE c cu STOPPING NEXT TO SOMEONES FRONT YARD. FILE No. m BROOKLYN CENTER, BUS STOPS 90277 AWONSWEARO„M-M„„� LNI" MINNESOTA 69th "AVE AND FRANCE AVE DWG. No. • � t r 1 d r,� � '�` s:• • r �l � rim ' ' r• % ���� -� • ice'" IV mom Ali so 0 5D IDO 1 1V 26 ' 3 3 RD ADD. ILI BIT i C SiT . ........... . .................. ..... .. . . ........ . . ........... I r ......... . 1 LANE'S . ......... ... C ER P MER LAKE EP . . . . ....... KAHN riRS ADD . ADD, AL R�l ECE 4 E T U - 0 _ _: ..........._........... . - - -•- 5 1 - Zl mw . . .............. -k Cal ON T— , -- — 7 ly 4 4 6, li NOUSE r SICK - SEE SECT BELOW 1 MME Al WEST IVIEW �as � CHRISLER REALTY MTENTIAL TREE PLANTING AREA POTENTIAL BERM AREA TREES TO BE PROTECTED CONCRETE 10 5' SIDEWALK SIT. TRAIL m ai aij fa 7 118+00 ALT. 3 0- b FU Na iPi ADD D BERMS TREES SAVED y 1 .7 BROOKLYN CENTER 90277 2 under . P. fssss—g Dgis,✓ 69TH AVENUE — &tots of hdl—� DATE 4-1 MINNESOTA 6/17/91 *a BY I DATE I ITEW DC9GN CHECKED Dtac 6 / 1 -R-9. N .8612 su 0 100 25 N PALMER LAKE TERRACE SEE sECnoN - A' BELOW 3 RD LAKE TERRACE D ADD ' NINO MIEDOX ow I ' v .,...,.,:�� � :�`� ♦ •i �� , a`. �� � �:� �'� .�� -fir•'• '��, / / 1� tit {'r,.`;�•::} _ • •�ti�l { + i �.. /7. :ti•:�: 1 —_ 3 —r- 1 e h CONSTRUCTION t { ! i�i • i . f,k ♦r }/ ♦ ?C,b Y .' ♦•�,' • ` '� _ { ♦;' , 4�` 9 1 UAIiS y CEMETERY ♦R l l 1 i I mwel j z l 41 ! — 4 2 SEE SECTION 'a• edow 1" li S I 1 1� } 1 j VFE5T MEW 3 AMDAHL A CONCRETE POT ENTIA L TREE SE iDIY/L1C PLANTING AREA E)QSTING GROUND 10• 10• 2E• 2D• 2E• 10• S TRAL tri POTENTIAL BERM — - - - -- AREA F TREES TO BE ° PROTECTED SECTION • A • m v ALTERNATE SEC)ON • A • 10 10 28 14 1E 28 10' S W TRA;1. LANE to � U g C T T i SECTION •e- 133+00 SA VED I P—by --try t+bt tr+t• W° by ,,,. •. ME MM . my .o..r+« .ti tint I e. • Wy BROOKLYN CENTER 90277 R•gMt—d Prol••dm•d E+qk • vdi nv bw •f tiv 3 ,, „ 69TH AVENUE DATE M0. BY 41, RE ASMS Up, DE.901 0- ECK � pots 6 1 7 9 t µ., ,86,2 >E�� MINNESOTA bit�E9t 5 • CITY OF BROOKLYN CENTER Council Meeting Date 1/13/92 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: REPORT OF 1991 ACTIVITIES OF THE ADMINISTRATIVE TRAFFIC COMMITTEE DEPT. APPROVAL: -� Sy Knap fVDirector of Public Works MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes The City's Administrative Traffic Committee meets monthly to discuss requests and complaints from the public and from City staff regarding traffic safety. This Committee is composed of the City Manager, Director of Public Works, and Chief of Police. The Committee's 1991 activity is summarized in the attached report. The Traffic Committee was established in 1981. There are three primary i advantages to the makeup of the Committee and the process in follows: first, it reduces the burden of work on Council members; second, it results in faster decisions by eliminating steps; and third, it promotes coordination and communication among City staff. As the annual report indicates, the bulk of the requests or complaints made are requests for miscellaneous signs or requests for road or right -of -way improvements. Most of these requests or complaints, if they were to be considered by the Council, would simply be referred to staff for resolution or recommendation. The Traffic Committee eliminates this referral step by immediately acting upon the requests or complaints, making recommendations to the - Council where necessary. This process reduces the number of cases which the Council need consider, and increases responsiveness. Lastly, the monthly meetings of the Committee promote cooperation and communication between the affected departments, and facilitate the sharing of information. Decisions are made on the basis of input from all parties. The meetings also serve as a forum for the discussion of related items and for the sharing of ideas. RECOMMENDED CITY COUNCIL ACTION A report is provided for review and comment. • i CITY 6301 SHINGLE CREEK PARKWAY OF :BROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE: 569 -3300 CENTER FAX: 569 -3494 EMERGENCY - POLICE - FIRE MEMORANDUM 911 TO: Gerald G. Splinter, City Manager Sy Knapp, Director of Public Works Jim Lindsay, Chief of Police FROM: Diane Spector, Public Works Coordinator Administrative Traffic Committee Coordinator DATE: January 6, 1992 SUBJ: Report of 1991 Committee Activity The Administrative Traffic Committee met monthly in 1991 to consider traffic - related requests and complaints and other related business. The 27 requests and complaints considered were received from Brooklyn Center residents, persons who work in the City, the Brooklyn Center Police Department, and other City staff. This was the lowest number of complaints in many years. ;Major items approved by the Committee this past year included: • Established a policy of, as complaints are received from the public, requesting property owners with trees or bushes obscuring the corner sight triangle to voluntarily trim back or remove the foliage. • Worked with a neighborhood group to develop a workable alternative to installing "Caution, Children at Play" signs in their area. Summary of Requests /Complaints and Their Resolution Table 1 summarizes the types of requests or complaints considered by the City, - and their resolution. The attached map shows the locations of the requests or complaints. The Committee considered 27 "cases" in 1991, compared to 50 in 1990 and 55 in 1989. However, each "case" may have included more than one request or complaint, so that the total shown on Table 1 may be greater than the number of "cases ". rn tisesuian '41 January 6, 1992 page two The largest category of requests in 1991 were for road or right -of -way improvements. Those which were approved include: Four requests for residents to trim trees or brush obstructing drivers' line of sight or view of Stop signs. Also approved were requests for Stop signs, No Parking, Fire Lane, Deaf Child and Speed Limit signs. There were also a number of requests for crosswalks, lane designations, or other pavement markings; and requests for maintenance of boulevards, rights - of -way, or turnarounds. Other requests /complaints include: complaints about better enforcement for speeding; a stop light at Summit Drive and Earle Brown Drive (entrance to Target); moving the location of a U.S. postal mail box; and a request from MTC to run 3 buses per day on 63rd Avenue between Xerxes Avenue and Brooklyn Boulevard. Other Discussion Items The Committee discussed a number of related items over the year. A number of traffic concerns related to the 69th Avenue improvement project were reviewed. In general, the Committee agreed that it was best to monitor traffic in the area before and after construction. If problems persist after construction, then alternatives will be considered. A number of other policy items were discussed for possible recommendation to the Council. Finally, the monthly meetings have served as a forum for sharing related information. Respectfully submitted,, Diane Spector Administrative Traffic Coordinator Attachment TABLE 1 1991 ADMINISTRATIVE TRAFFIC COMMITTEE DECISIONS Denied But Alternate Approved Action Taken Denied Pending Request for Stop Sign 2 3 Request for No Parking Sign 1 1 Request for Other Sign 3 1 1 Request to Remove /Change Sign 1 Request for Road or ROW Improvements 4 1 6 Other Requests /Complaints 1 2 1 TOTAL 12 2 12 2 NOTE: The total may be greater than the number of "cases," because a case may have more than one request /complaint. i ! ! 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A '"'*• = I /''__� 1 N 31Y OYHOYO I = 1SI3� tY 1 N MY 1V" WN9u R I ?st:zst ::::sss t2 :sts: :tt :ntssss s 33tis :3t:t::t :::titlst :t 3lu :s:sst t llt:I It I O"" < N MY I _ tE�� N MY 0"" - �- 3 � L.Q Of I I I I I I I I I I I III I II I MIS N 31,V 1N3Y I ■ Yb O M 31Y 1151 E01 N 3nV /,111(1 < Nrx 1 N�iiih� NIl M�ll �i�( n( �il�liii�ihi hl It !((tni� liinh(i1� 1111biaeenrr� ores cIn <enornarN 1 ------- - - - - -- ..-- _.-------- - - - - -- - - -- x 3•Y ZM Wan 3e-u CITY OF BROOKLYN CENTER Councii Meeting Date 1/13/9 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Discussion Item - A Zoning Ordinance Amendment Requiring Minimum Separation Between a 24 Hour Commercial Operation and Certain Residential Properties ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: too Ronald A. Warren, Director of Planning and Inspection ************ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * ** * * * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report 7 )L. Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached x ) The City Council has, for some time, been considering the possibility of amending the Zoning Ordinance to prohibit late night /early morning or 24 hour operations which are in close proximity to some residential areas. At the last City Council meeting considerable time was spent discussing various options which might be considered in addressing this concern. We have attached the December 16, 1991 "Request for Council Consideration" concerning this item as well as all of the attachments which went along with that report. That report contained eight possible options or suggestions presented for Council discussion based on previous review of this matter. The City Council's attention is directed to those eight options for review. Also, three other possibilities or modifications to the eight listed items were brought up at the December 16 meeting. Councilmember Scott suggested that 69th Avenue North, between Shingle Creek Parkway and T. H. 252 be added to the list of intervening roadways where the hour restrictions - would not apply. She also suggested that health clubs and tennis, racquet and swim clubs be an exception to the hour restriction. Councilmember Cohen suggested that consideration be given to exempting the hour restriction for commercial operations that "backed up" to residential properties only requiring the limitation if the commercial uses fronted and were within 200 feet of certain residential areas. • SUMMARY EXPLANATION Page 2 January 13, 1992 With respect to the eight options and the three suggestions, the following recommendations are offered for Council discussion and consideration: 1. Alter the hour limitation so that it is between 12:00 midnight and 6:00 a.m. 2. Include language so that restrictions would not apply if the residential property which is in close proximity to the 24 hour operation is being used for the institutional, park or open space uses listed in Point No. 2 of the 12 -16 -91 report. 3. Eliminate the R3 zoning district from the proposed language. 4. Keep the recommendation for a distance of 200 feet between the restricted uses and the residential properties (R1 and R2). 5. Use the intervening major thoroughfare proposal as a • limitation or exception and add language to it so that all of 69th Avenue North would be included among these streets or roadways. 6. All motel and lodging establishments would be exempt from the limitations with the exception of that part of those businesses which may involve eating facilities, servipg liquor and /or providing entertainment. It is also suggested that tennis clubs, racquet and swim clubs and other athletic clubs and health spas also be exempt except for any permitted outdoor activity. 7. Include exemptions for service /office uses which are also allowed in the C1 zoning district. 8. Include a provision for allowing administrative land use permits to be used for 24 hour operations for limited periods of time (two ten day permits) as part of a promotional activity. We have prepared a new map (three parts) showing the properties that would be impacted if the proposed ordinance, with the above modifications, were adopted. The list of "potential nonconforming uses" would be reduced with this proposal and would now only include the American Legion Club, the Red Owl Store (at Builders Square), Superamerica (57th & Logan), and Subway Sandwiches • (Northbrook Shopping Center). Summaruy Explanation Page 3 January 13, 1992 It is questionable whether it would be worthwhile to also add a provision exempting areas that "back up" to the residential areas because this would have a significant impact and, with the other changes proposed, very few, if any, areas would then be affected by the ordinance. Such an ordinance amendment would then not be needed. The City Council should again review and discuss the proposals and suggestions and give direction as to what should be contained in the proposed ordinance. The City Council has also discussed having a public informational meeting regarding the ordinance once acceptable language has been developed. Direction regarding when to hold such a meeting and who to advise should also be given. We will be prepared to review and discuss this matter further with the City Council at Monday evening's meeting. • A r," r 1 i Y 1 __., ..) 1t t \\ �;' �'-----��•,,,,, EARLE OW 3 / 1 aA J 1 11 3lON . . 9 A l �.. 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C I — b6TN AAF N n� ni nil Fn 11r i; t NOTE SEE FEnuiFIA = AND FLOODWAY P DETAILED INFOR CITY OF BROOKLYN CENTER Council Meeting Date 12/16/9 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Discussion Item - A Zoning Ordinance Amendment Requiring Minimum Separation between a 24 Hour Commercial Operation and Certain Residential Properties DEPT. APPROV Ronald 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 attache At the December 2, 1991 City Council meeting there was extensive discussion of an ordinance amendment which had been offered for a first reading that would restrict some late night /early morning or 24 hour business operations within the City which are located within 200 feet of certain residential properties. The Council did not adopt the proposal for first reading, but rather suggested some other options be developed for consideration and further discussion before having a public information meeting on the matter. The Council directed the staff to look at the list of potential nonconforming C2 uses open between 11:00 p.m. and 6:00 a.m. to see to what extent this list would be further reduced by extending the hours from 11:00 p.m. to 12:00 midnight. A revised list has been prepared and is attached for the City Council's consideration. Attached also is a copy of the ordinance language that was reviewed on December 2. This same format is still being suggested, however, a number of ossible options are being offered for further P P g discussion: 1. Alter the hour limitations. As suggested above, this could be changed to 12:00 midnight or some other hour believed to be more appropriate. 2. An exception should be made if an otherwise restricted 40 use is in close proximity to residential property that is legally used for non - residential purposes such as institutional or park and open space uses. Such SUMMARY EXPLANATION Page 2 December 16, 1991 allowable uses of residential property which would not count toward requiring restrictions would include churches, chapels, temples, synagogues; public or private schools, colleges or universities; nursing homes; cemeteries; golf courses or open spaces; and publicly owned structures such as lift stations, well houses, public buildings, etc. 3. Eliminate the R3 zoning district from the proposed language. If a restricted operation was in close proximity to only R3 zoned property, the limitation would then not apply. Eliminating the R3 would mean that the limit on the hours of operation would only apply to uses that are in a C2 zone and within 200 feet of one family or two family dwellings. 4. The 200' separation between these uses and residential property could be adjusted. 5. The hour restriction would not have to apply if there is an intervening major thoroughfare between the residential uses and the restricted operation. This would include all major thoroughfares which are defined in the Zoning Ordinance as all state, county and federal highways (including interstate freeways) and the following municipal streets: - Xerxes Avenue from T. H. 100 to 59th Avenue North and from I -94 to Shingle Creek Parkway. - Shingle Creek Parkway from County Road 10 to 69th Avenue North. - France Avenue North from T. H. 100 to 50th Avenue North. - Humboldt Avenue North from I -94 to 70th Avenue North. - Freeway Boulevard from Xerxes Avenue North to Humboldt Avenue North. - 69th Avenue North from Shingle Creek Parkway to Brooklyn Boulevard. 6. Allow motels or lodging establishments to be exempt from the 24 hour operation limitation primarily because they are open to service guests at any time there are vacancies. Motels or lodging establishments that have eating facilities, serve liquor and /or have entertainment, however, would not be exempt for that type of activity. SUMMARY EXPLANATION Page 3 December 16, 1991 7. Another exception should be any uses that are permitted in the C1 zoning district. Such uses include a number of service /office uses. (A copy of the uses allowed in the C1 and C2 zones is attached.) It would be somewhat ironic, based on the originally proposed language, that a service /office use permitted in a C1 zone and abutting, or close to, a residential property would be allowed to be operational 24 hours a day where the same use in a C2 zone and abutting, or close to, residential property would be limited. 8. Another possible exception might be to allow 24 hour operations in the restricted areas for special or promotional events through the issuance of an administrative land use permit. Currently, adminis- trative land use permits are allowed, generally for up to 10 consecutive days, for outside sales, displays and promotional events. This could be amended to include 24 hour sales in these restricted areas. It is recommended that the City Council review each of the above listed possibilities, and any other possibilities which they believe would be appropriate, and then decide on the language they would like to pursue so that it can be developed in the form of an ordinance amendment. The City Council may decide that such an ordinance amendment is not necessary. The Council also discussed having a public informational meeting regarding the ordinance once acceptable language has been developed. Further direction in this area would be appropriate. We will be prepared Monday evening to discuss with the City Council how the various options might affect current business operations and land areas which may be impacted in the future. We are developing various maps and information which we believe will be helpful in reviewing this matter. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 19 at p.m. at the City Hall, 6301 Shingle Creek Parkway to consider an amendment to the Zoning Ordinance to require minimum separation between a 24 hour commercial operation and R1, R2 and R3 zoned property. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please call the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES TO REQUIRE A MINIMUM SEPARATION BETWEEN A 24 HOUR COMMERCIAL OPERATION AND R1 R2 OR R3 ZONED PROPERTY 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 -412 SPECIAL REQUIREMENTS IN C2 DISTRICTS. 8. Commercial operations which are open for business to the general public for service, entertainment or retail sales between the hours of 11:00 p.m. and 6 :00 a.m. shall not be located closer than 200 feet from any R1, R2, or R3 district measured from property line to property line. Medical emergency services shall be exempt from this provision. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 1991. Todd Paulson, Mayor ATTEST: Deputy Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) POTENTIAL NONCONFORMING USES Nonconforming If Nonconfroming If Nonconforming If Across Establis Hours 1 2:00 - 6: 00 a.m. Abuttment w / R3 OK Ma jor Thoroughfar OK Days Inn X X Scoreboard Pizza g Neil's Total X X X American Legion Club X X X Red Owl Store X X X Wes's Amoco X X Highway 100 Racquet and Swim Club X X X Superamerica (57th & Logan) X X X Subway Sandwiches X X X Chuckwagon ? ? ? 35 -310 2. Special Requirements a. See Section 35 -410 of these ordinances. Special 35 -320 Cl SERVICE /OFFICE DISTRICT. 1. Permitted Uses The following service /office uses are permitted in the Cl district, provided that the height of each establishment or building shall not exceed three stories, or in the event that a basement is proposed, three stories plus basement: a_ Nursing care homes, (at not more than 50 beds per acre), maternity care homes, child care homes, boarding care homes, provided, however, that such institutions shall, where required by state law, or regulations of the licensing authority, be licensed by the appropriate state or municipal authority. b. Finance, insurance, real estate and investment office. c- Medical, dental, osteopathic, chiropractic and optometric offices. d. Legal office, engineering and architectural offices, educational and scientific research offices (excluding laboratory facilities), ), accounting, auditing and bookkeeping offices, urban planning agency offices. e- Religious uses, welfare and charitable uses, libraries and art galleries - f_ Beauty and barber services. g. Funeral and crematory services. b. Photographic services. 1 - Apparel repair, alteration and cleaning pickup stations, shoe repair. j. Advertising offices, provided that the fabrication of signs shall not be a permitted use. k. Consumer and mercantile credit reporting services P g office adjustment and collection service offices. 1. Duplicating, mailing and stenographic service offices. M. Employment agency offices. n. Business and management consultant offices. o. Detective and protective agency offices. 35 -320 P. Contractor's offices. q. Governmental offices. r. Business association, professional membership organizations, labor unions, civic, social and fraternal association offices. S. Accessory uses incidental to the foregoing principal uses when located on the same property with the use to which it is accessory. Such accessory uses to include but not be restricted to the following: 1. Offstreet parking and offstreet loading. 2. Signs as permitted in the Brooklyn Center Sign Ordinance. 3. The compounding, dispensing or sale (at retail) of drugs, prescription items, patent or proprietary medicines, sick room supplies, prosthetic devices or items relating to any of the foregoing when conducted in the building occupied primarily by medical, dental, osteopathic, chiropractic or optometric offices. 4. Retail food shops, gift shops, book and stationery shops, tobacco shops, accessory eating establishments, sale and service of office supply equipment, newsstands and similar accessory retail shops within multistory office buildings over 40,000 sq. ft. in gross floor area, provided: that there is no associated signery visible from the exterior of the building; there is no carry -out or delivery of food from the lot; and the total floor area of all such shops within a building shall not exceed 10% of the total gross floor area of the building. t. Other uses similar in nature to the aforementioned uses as determined by the City Council. U. Financial institutions including, but not limited to, full - service banks and savings and loan associations. V. Drop -in child care centers licensed by the Minnesota Department of Public Welfare pursuant to a valid license application, provided that a copy of said license and application shall be submitted annually to the City. W. Leasing offices, provided there is no storage or display of products on the use site. 2. Special Requirements a. See Section 35 -411 of these ordinances. 35 -320 3. Special Uses a. Accessory off -site parking not located on the same property with the principal use, subject to the provisions of Section 35 -701. b. Group day care facilities provided they are not located on the same property as or adjacent to a use which is not permitted to abut Rl, R2, R3 zoned land and provided that such developments, in each specific case, are demonstrated to be: 1. Compatible with existing adjacent land uses as well as with those uses permitted in the C1 district generally. 2. Complementary to existing adjacent land uses as well as to those uses permitted in the C1 district generally. 3. Of comparable intensity to permitted C1 district land uses with respect to activity levels. 4 . Planned and designed to assure that generated traffic will be within the capacity of available public facilities and will not have an adverse impact upon those facilities, the immediate neighborhood, or the community. 5. Traffic generated by other uses on the site will not pose a danger to children served by the day care use. and further provided that the special requirements set forth in Section 35 -411 are adhered to. c. Instructional uses for art, music, photography, decorating, dancing t /�- -..... and the like and studios for like activity. Section 35 -321. C1A SERVICE /OFFICE DISTRICT. 1. Permitted Uses (No height limitation) a. All of the permitted uses set forth in Section 35 -320 shall be permitted in a building or establishment in the C1A district. 2. Special Requirements a. See Section 35 -411 of these ordinances. 3. Special Uses a. Accessory off -site parking not located on the same ro ert the principal use, subject to the provisions of Section 35 -701 with b. All of the special uses set forth in Section 35 -320 shall be allowed by special use permit in the C1A district. Special 35 -322 C2 COMMERCE DISTRICT. 1, Permitted Uses a. The retail sale of food. b. Eating establishments, provided they do not offer live entertainment and further provided that the category does not permit drive -in eating places and convenience -food restaurants. C. The following uses: 1. The retail sale of heating and plumbing equipment, paint, glass, and wallpaper, electrical supplies, and building supplies. 2. The retail sale of tires, batteries and automobile accessories and marine craft accessories. 3. The retail sales of apparel and related accessories. 4. The retail sale of furniture, home furnishings and related equipment. 5. The retail sale of miscellaneous items such as the following: Drugs and proprietary items Liquors Antiques and secondhand merchandise Books and stationery Garden supplies Jewelry Flowers and floral accessories Cigars and cigarettes Newspapers and magazines Cameras and photographic supplies Gifts, novelties and souvenirs Pets Optical goods Sporting goods and bicycles d. Service /office uses described in Subsection (b) through (u) and Subsection (w) of Section 35 -320. e. The following repair /service.uses: 1. Electrical repair service shops. 2. Household appliances, electrical supplies, heating and plumbing equipment. 3. Radio and television repair service shops. 4. Watch, clock and jewelry repair service shops. 35 -322 5. Reupholstery and furniture repair shops. • 6. Laundering, dry cleaning and dyeing. 7. Equipment rental and leasing services. f. The following medical and health uses: 1. Hospitals, not including animal hospitals. 2. Medical laboratories. 3. Dental laboratories. g. The following contract /construction uses: 1. Building construction contractors' offices. 2. Plumbing, heating and air conditioning contractors' offices. 3. Painting, paper hanging and decorating contractors' offices. 4. Masonry, stone work, the setting and plastering contractors' offices. 5. Carpentering and wood flooring contractors ntractors offices. 6. Roofing and g n sheet metal contractors offices. 7. Concrete contractors' offices. ' 8. Water well drilling contractors' offices. h. Educational uses. i. Accessory uses, incidental to the foregoing principal uses when located on the same property with the use to which it is accessory. Such accessory uses to include but not be restricted to the following: 1. Offstreet parking and offstreet loading. 2. Signs as permitted in the Brooklyn Center Sign Ordinance. 3. Outside display and sale of merchandise provided that an administrative permit is first obtained pursuant to Section 35- 800 of these ordinances. j. Other uses similar in nature to the aforementioned uses, as determined by the City Council. 35 -322 k. Drop -in child care centers licensed by the Minnesota Department of Public Welfare pursuant to a valid license application, provided that a copy of said license and application shall be submitted annually to the City. 2. Special Requirements a. See Section 35 -412 of these ordinances. 3. Special Uses a. Gasoline service stations (see Section 35 -414), motor vehicle repair and auto washes provided they do not abut an R1, R2, or R3 district, including abutment at a street line; trailer rental in conjunction with these uses, provided that there is adequate trailer parking space. b. The sale or vending at gasoline service stations of items other than fuels, lubricants or automotive parts and accessories (and other than the vending of soft drinks, candy, cigarettes and other incidental items for the convenience of customers within the principal building) provided adequate parking is available consistent with the Section 35 -704, 2 (b) and 2 (c). c. Drive -in eating establishments and convenience -food restaurants provided they do not abut an Rl, R2, or R3 district including abutment at a street line. (However, convenience food restaurants without drive -up facilities and located within the principal •" structure of a shopping center of over 250,000 sq. ft. of gross floor area shall be considered a permitted use.) d. Eating establishments offering live entertainment; recreation and amusement places such as motion picture theaters and legitimate theater; sports arenas, bowling alleys, skating rinks, and gymnasiums, all provided they do not abut an R1, R2, or R3 district, including abutment at a street line. e. The sale of motor vehicles at retail. f. The out -of -door display and sale of marine craft at retail. g. Transient lodging. h. Animal hospitals. i. Public transportation terminals (excluding truck terminals). j. Clubrooms and lodges. k. Accessory off -site parking not located on the same property with the principal use, subject to the provisions of Section 35 -701. 35 -322 1. Sauna establishments and massage establishments, provided they do not abut any residential (R1 through R7) district, including abutment at a street line. M. School bus garage facilities provided all storage, including vehicles, and minor servicing and minor repair shall be conducted wholly within an enclosed building and further provided it does not abut any residential (R1 through R7) districts, including abutment at a street line. n. Amusement centers provided the property on which the amusement center is to be located is not within 150 feet of any residentially zoned (R1 through R7) property. o. Automobile and truck rental and leasing. p. Tennis clubs, racket and swim clubs and other athletic clubs, health spas and suntan studios. q. Group day care facilities provided they are not located on the same property as or adjacent to any use which is not permitted to abut Rl, R2, or R3 zoned property and provided they are not located in a retail shopping center; and further provided that such developments, in each specific case, are demonstrated to be: 1. Compatible with existing djacent g � land uses as well as with those uses erm" p fitted in the C2 district enerall g Y• 2. Complementary tar P to e istin adjacent land those g � uses as well as with uses permitted in the C2 district generally. 3. Of comparable intensity to permitted C2 district land uses with respect to activity levels. 4. Planned and designed to assure that generated traffic will be within the capacity of available public facilities and will not have an adverse impact p upon those facilities, the immediate neighborhood, or the community. 5. Traffic generated by other uses on the site will not pose a danger to children served by the day care use. Furthermore, group day care facilities shall be subject to the special requirements set forth in Section 35 -412. 1 11 IA 7 t i 'Y1 Da r1_ I _ -- — — — -- - ( .1_ ,f l l_� xl a p J; - -- + AVE - - L '° _ �— � bari3rrrva— cpkpEN �� AA(JEN Al E N.� N'� HJINOIV I _ _ 1'/ 3AV LL _t_ 'N "3AY I1f!1lY NJ ' w rLl F - - - _ __ ALDNICfl AVE N. I - � - - - - -' J FN 3nv i �I ' ANT AVE. N. f LL-L r 'N '3AY - f LL I II I 1 I T I1TTL1TIT- 1_� 7 is X X ��t{ ( N 3nv xv3ioa AVE. N. • _ - .N 3AV Q0 HER _ N - " - DUPGNT AVE. N. � - � _ _ '3AY NOSH3 "3 .I , - -�' 1N0113Nj �% '3AV'3AV Qytlyl� - ' - -- - JT ji lt N 3AV OHVHI9 j f TTTTTT i � T ?n '3nr 1Clo5nCH LLliLll T d 11 1 w T - <� i � �N - 3AY 9NIAHI AT N. �LV � � ., � ` � • <X. 7S3"r I w - v oil L � o II ANFS AVE. 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N. 51� - - X I -- - LU 1 w - 4 4 I i L I J L i (� � y x�,,� *te ,r ;f'r ��(�'E � < •c . a z 14j V • I . •fir- f Ln x �\ Y ak " - II I � V - 1 t 1 � r�3AV H11N3Z N . 108er — .�- ` \ \\ '��: •`(, , K: . 3AV Cµ0 LLOBBI�J _ — rN _ _ w m � ; 1 -- NOR HPORT i z' �) m v jI RR �AVE. _- 111XXX _ L F — .. . V I j, d - „ II J • I ,.' -- -. __ - ,�'"." aNn! r �_ `:,. "::� ,� �:`e' I � � AZEIS L AVE. \.` 1 t 1L N " i 4^ /r I M:Y G Il III.. .I .r 1 �V M A_ I x, t. I I 1� `i � L ri` i. t 7 S.4 J0 /U 3 _- - , r� ��I \ Z5� \. � � � s 1 � •' f RlE 1M �3d7 31;1t1litS, i - I I t= I Gq. suw r a f N I V i Its 0R. L1111 111J AVE AV , 1n IA.IkG AJE. N d SC ; , E - 11 h - AJ� N.� AVE. N. I � j_ � � L G IRARD AVE _ �C� .�)� ERENON•� m .. `,� � � �, � - �,N3nv rrLSd3n �, � Lfli 4 _� Lid Ekd+ONT AVE. N i ��� �r _ � r �EWRRSONAVE. ' i , L1_S_1__LL1J �1_i111_W L1- 1_LLl_11J '� � _ 111 C � DUPONT N.. b - F.LIA RAIE J ill 2 Y Pff E eµY AVE. t 1J Yl BRYA.7 AV l ' " _ z t 1. M� _ • \., __ `° .'i.Y — L F -I :__LlLLL.l AL GRICH A4E _ i l A' C" _ _ —. - t - - - z tl9 CEN DR 1 N3O� x JY. J.�.... ; I ��— N •3AV 'NiS `_ __ - - - - CAU ^EtJ AVE N. I / . , 1 J ' 1 lIL J I �_1WIt_LOW LA_ mi _. _ - - " WILLOW LA: N -a 14 I SSIPp n �C_ is \ •f ��� .� t f i �� �� CITY OF 64 Opq rn P ARY t r 1 , r r r wI I li L l'i L11111 l I u 41 T6 0 n 7 N , , , OOZE - i �. , 3 ' m Intl Nl]N3Z _ - , , , , , 0 U � V CS J J > AH OU tilt I t1tilt I tl .i y I _ 3AY N Y? ( II _' I I x N w _ w 31Y JNI73 J R 7 < , �; AJ 09£ 31Nr FRAq AVF. N. 0 v a ate Tl: l Ell I REA 0006 4IR AVE co ��L�I P XvdI . _ _.� l_ - . --- -- --- L N -_ - . - - -- N 3nY tl /h t i, o N L 3'v t J 007 � I X VNYI UNT �1111illNffi - OOEb ) 3 - - } .IIfNf JUNE AVE '��.� <� __ _ ( _ OObr •- T T 111 1 - - -� ��}� N anV "', \ T n b - N 3Ay ?31 = -N 3 nY - 1 l._ _ - - 1 337 - - - _ + T L> 009r ar ao OOLb _ LL11 F 3EON NOfIF. AVE. N. � •`�.� Ft �� � F �� j � CQ�7 eLE _ N. Y VF. .J x r x y r , . . d <J � �= , �� !`. � , f - •__ I 1 LL r ��{{ _ r - T T T � pRY { I I 'E. N. FFPR N it olor v 11 LIT H PV �. f'� w I AV [I�[IIIIII_ - �tri� r �t� LLJ _ F `f -- - l N any � �� � � ` I '��-�_ < 1 � E !� -A TE . N. �� — _ �� � r - `�l 11J CL � ^G { < .. < ' T aflf_flf_f {aiI < - L. L I 1_1 . _ — w < - —_ { j I � - S�1I A F. - 1�� II_Lt _ R - w Q w j j 1 ri z z ,• .V > h ` - t , 1 OlEUO AVE. - `• \\ �� -' ✓i C 1 n'� �I .'YOIS 0 AVE. N I . 1 " < t 11I�I-_I� yIIY -A`E. .s aw �,Ir«, `C _ _1 ���r �1 ��tlll 1 _ - , - I I.LLlI� , rrT PtT �� � :ILIA \ _ I VFR ADZ AYE. �ddd N.( �/OOd9 �0 3i n) ra ,rc—__ - - - - ------- ----------- P _ B x - / , r IHIJMjA tt t - ' ;,r 1t+3Nl,, � 11 �' Ja o �� :� -] I 1 !ittt�ta�f1 �� �j; — 1 / - - ' M 11 dy � � _� L p�T - - 3w 11 "v - = - / � '30f3h '• • V 1 k C � G , J I _ NOR HPORT \ , 1 } N �NiM3 x x AVE. H -- 1 a 1�_f l; _ „�'u �� _. _ - -' �� - 1�1 1�AN��YF ' N. - ' 1_. - -- � .r � r - - - --- — T .._- -- - ;5 1 ) rl lYaInOYle /Q �I — � N �nYNYa Q — 1 iI � w; 1 11 _ ` E HALIFAX AVE. N. ff .. 3nr ' i I� ) AVE. AZEL i N ,e t.. _ - .. - _ . ___ -_ - •b ll 1 i , 1 I: �- I v �K IlIII T I1 L� III. ,.I .I a s' W� — — � yy JT V t 1 �t Y z� ` M R I I 1 y 2 LLJ , „ y y - 3n acr vn T -- x ,x '� u `i ,v - -- — , — — -- __ — it I X� �, CI'T'Y OF BROOKLYN CENTER Council Meeting Date January 13, 1992 Agenda Item Number l 3 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION DESIGNATING THE SOUTHEAST (EARLE BROWN) NEIGHBORHOOD FOR NEIGHBORHOOD PRESERVATION UNDER THE MINNESOTA HOUSING FINANCE AGENCY'S BLIGHTED RESIDENTIAL PROPERTY ACQUISITION AND REHABILITATION PROGRAM DEPT. APPROVAL: r Tom Bublitz, Assistant EDA Coo dinator MANAGER'S REVIEW /RECOMMENDATION: r No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached k The Minnesota Housing inance A gency MHFA is seeki applications for a new housing g b Y( ) " g PP g program titled Blighted Residential Property Acquisition and Rehabilitation Program. A three page summary of the Request for Proposal for the program is included with this memorandum. Essentially, the program provides state grant funds for the following activities: 1. Financing acquisition of blighted properties. 2. Financing demolition of blighted properties. 3. Providing GAP financing for rehabilitation of blighted properties. (This activity is the financing of the difference between the sum of the cost of acquiring and /or rehabilitating a property, and the market value of the property upon sale.) 4. Providing GAP financing for construction of new housing on blighted properties. (This activity is the financing of the difference between the sum of the cost of acquiring and /or demolishing and constructing new housing on the site and the market value of the property upon sale.) Based on recommendations contained in the Maxfield Housing Study, which stresses the development of new housing options for the City with updated designs, staff is recommending the City apply for the grant funds to acquire and demolish blighted properties and redevelop the lots with new construction. Using this approach, the EDA would acquire and demolish the blighted properties and solicit proposals for redevelopment of the lots from qualified builders. The maximum amount of a single grant award is $350,000.00. With this amount of funding, staff estimates the EDA could acquire and demolish approximately six blighted properties. A specific requirement of the Blighted Residential Property Acquisition and Rehabilitation Program is that the City must designate a neighborhood, constituting a portion of the City which is less than the whole for neighborhood preservation. Based on the recommendations of both the Maxfield Study and the City's Housing Implementation Plan, as referenced in the resolution accompanying this memorandum, staff is recommending the designation of the southeast (Earle Brown) neighborhood for neighborhood preservation under the Blighted Properties program. An additional requirement of the program is that the new housing constructed as part of the program must be sold to and occupied by a person of low and moderate income. The MHFA defines low and moderate income as anyone below the median household income for the Minneapolis -St. Paul metropolitan area. Currently, this median household income is $48,000.00 annually for a family of four. Staff will be prepared to discuss this program in more detail at the January 13th City Council meeting. RECOXINIENDED CITY COUNCIL ACTION Staff recommends approval of Resolution Designating Southeast (Earle Brown) Neighborhood for Neighborhood Preservation Under the Minnesota Housing Finance Agency's Blighted Residential Property Acquisition and Rehabilitation Program. • s REQUEST FOR PROPOSAL MINNESOTA HOUSING FINANCE AGENCY BLIGHTED RESIDENTIAL PROPERTY ACQUISITION AND REHABILITATION PROGRAM The Minnesota Housing Finance Agency (MHFA) announces the availability of $1,750,000 in grants to Cities for the improvement of blighted properties in neighborhoods designated by applying Cities for neighborhood preservation (designated neighborhoods). FORM OF AWARDS Funds will be awarded to Cities in the form of a grant for designated neighborhoods. The full amount of the Grant will be advanced to the City after approval of Grant Applications. ELIGIBLE USES OF GRANT FUNDS - Blightea Residential Property Acquisition and Rehabilitation Program grants may be used to make loans or grants to eligible recipients (eligible mortgagors) for one or more of the four activities described below. 1. Financing acquisition of Blighted Properties. 2. Financing demolition of Blighted Properties. 3. Providing Gap Financing for rehabilitation of Blighted Properties. (This activity is the financing of the difference between the sum of the cost of acquiring and /or rehabilitating a property, and the market value of the property upon sale.) 4. Providing Gap Financing for construction of new housing on Blighted Properties. (This activity is the financing of the difference between the sum of the cost of acquiring and /or demolishing and constructing new housing on the site, and the market value of the property upon sale.) NOTE Financing rehabilitation or new construction is ineligible, unless as "gap financing" as described above. Given the gap financing requirement to sell the property upon completion, owners who intend to continue their ownership of the property after completion will not be eligible. Grant funds may not be used for administrative costs. SIZE OF GRANTS The minimum State Grant is $30,000. The maximum State Grant is $350,000. One third (1/3) of available funds will be allocated to Designated Neighborhoods with requests for State Grants in amounts from $30,000 to $100,000 (small grant pool). Two - thirds (2/3) of available funds will be allocated to Designated Neighborhoods with requests for State Grants in amounts greater than $100,000, but no greater than $350,000 (large grant pool). In the event Grant Applications and Agreements received and selected for funding by MHFA are inadequate to exhaust the funds allocated for either small or large grant pools, the unused portion will be reallocated to the other pool. Except as provided in the Blighted Residential Property Acquisition and Rehabilitation Procedural Manual, a co of which i included nciude in copy d the application packet, no more than two neighborhoods per city will receive grants. pp n PARTICIPATION TERM Funds are to be expended by Cities in the form of loans or grants to eligible mortgagors not later than December 31, 1993. DESIGNATED NEIGHBORHOOD A neighborhood, constituting a portion of the City which is less than the whole, designated by the City for neighborhood preservation. Any changes in a target area's boundaries must also be designated by city council resolution and approved by the MHFA. It is the desire of the MHFA to encourage and support innovative approaches to improving a neighborhood's housing, providing 9, p ding affordable housing with a strong local support. These State Grant funds may be used in conjunction with other Local, State, and /or Federal programs as appropriate. Potential applicants should note the Request for Proposals for the Single Family Capital Reserve Program appearing elsewhere in this State Register. While submissions of proposals for both programs are not required to ensure selection, the programs may be used to complement one another and MHFA encourages participants to consider submitting applications for both programs to address a locally identified housing preservation need. MHFA has an interest in selecting at least one proposal which combines the two programs to further neighborhood preservation. ELIGIBLE MORTGAGORS Cities may make loans and grants to a wide variety of individuals and organizations involved with housing, a complete description of which is contained in the Blighted Residential Property Acquisition and Rehabilitation Program Procedural Manual. Properties improved with assistance from the Blighted Residential Property - Acquisition and Rehabilitation Program must be occupied upon completion by households with income less than or equal to the county or area median income as determined by the United States Department of Housing and Urban Development. APPLICATION PROCESS Only one application per neighborhood is permitted, but more than one application per city may be submitted. Cities, or their designees, should request application packets from the following MHFA staff person: Minnesota Housing Finance Agency 400 Sibley Street, Suite 300 St. Paul, MN 55101 Attention: Reed Erickson (612) 296 -8843 or toll free 1 -800- 652 -9747, extension 6 -8843 Application packets will contain a copy of this Request for Proposals, a Blighted Property Acquisition and Rehabilitation Program Procedural Manual, and a Grant Application. GRANT APPLICATIONS ARE DUE BY 4:30 PM ON January 31, 1992. The MHFA will review the applications and final selections should be made by the MHFA board no later than February 27, 1992. Applicants will be notified of whether they have been selected by March 6, 1992. If you have any questions concerning the Blighted Residential Property Acquisition and Rehabilitation Program or the application process, please contact the MHFA staff person named above. This Request for Proposal (RFP) is subject to all applicable federal, state, and municipal laws, rules, and regulations. MHFA reserves the right to modify or withdraw this RFP at any time and is not able to reimburse any applicant for costs incurred in the preparation of submittal of applications. l 5i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DESIGNATING THE SOUTHEAST (EARLE BROWN) NEIGHBORHOOD FOR NEIGHBORHOOD PRESERVATION UNDER THE MINNESOTA HOUSING FINANCE AGENCY'S BLIGHTED RESIDENTIAL PROPERTY ACQUISITION AND REHABILITATION PROGRAM WHEREAS, the City of Brooklyn Center desires to participate in the Minnesota Housing Finance Agency's (MHFA's) Blighted Residential Property Acquisition and Rehabilitation Program; and WHEREAS, the MHFA Program requires designation of a neighborhood for preservation and constituting a portion of the City which is less than the whole; and WHEREAS, the City's housing market study prepared by the Maxfield Research Group, Inc., specifies the southeast neighborhood of the City as the neighborhood with the greatest potential for in -fill housing development; and WHEREAS, the City's Housing Implementation Plan recommends targeting the southeast neighborhood for neighborhood renewal; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the southeast neighborhood (Earle Brown neighborhood) is hereby designated as the target neighborhood for neighborhood preservation activities authorized by the Minnesota Housing Finance Agency's Blighted Residential Property Acquisition and Rehabilitation Program. BE IT FURTHER RESOLVED that the boundaries of the southeast ( Earle Brown) neighborhood are described by the following: All property north of 53rd Avenue North, east of Shingle Creek, south of I -94/I -694 and west of the Mississippi River. 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 Mectmg Date January 13, 1992 • Agende Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: CITY COUNCIL WORK SESSION AND SPECIAL MEETING SCHEDULE Ik Ik IK Ik Ik K lk *Ik Ik IK Ik Ik Ik lk lk lk *Ik Ik Ik IK lk lk yt *Ik yt I yt AI yl lk *Ik Ik Ik lk lk lk lk lk yl yl # * *yl yl yl> II) II * * yI7/IyI * * * * * * * * * * * * * * * * * # ** *III Ik *Ik *Ik lk :k * * *> ** DEPT. APPR erald Plinter, City Manager Ik Ik IK IK yI ** *Ik * *IK IK IK *>fI>fI *kc * * * * * * *)II *>II >II )II )II * * ** * # * *IK NIM C *Ik yI Ik IK # * fI[ * * IK IK )I *I* MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached • SUNEVIARY EXPLANATION: (supplemental sheets attached ) The City Council asked the staff to accumulate a listing of items to be considered for special Council work sessions in 1992. The Council had discussed using one or more of the off Monday evenings, when regular scheduled Council meeting is not scheduled, to schedule work sessions to cover various topics or joint meetings with other governmental units. Attached is a calendar which indicates the regular scheduled Council meetings for the year and holidays. Over the last couple of months, City Council has made the following suggestions for items to be considered in these work sessions: 1. Joint meeting of the Brooklyn Center City Council and District No. 286 school board (possible available date - February 3, 1992). 2. Joint meeting of the City Councils of Brooklyn Center and Brooklyn Park (possible meeting _ date - March 2 or March 16, 1992). 3. Zoning ordinance amendment discussion relating to separation of land uses. 4. Evaluation of financial need as an element in special assessments - possible legislative change. 5. Review the process and legal complications of enforcing ordinances relating to junk houses and messy property (City prosecutor involvement and presentation). Summary Explanation page 2 January 13, 1992 • 6. Intra Suburban Transit - MTC OPT -IN Program 7. Planning study to review City capability to direct /dictate certain development or redevelopment within the community. 8. City Council team building session. 9. City Council Joint Session with Financial Task Force. 10. Joint Northwest Suburban Cultural Diversity Program. 11. Joint Public Safety Dispatching Proposal and Study. 12. Joint Canine Program. 13. Joint Domestic Abuse Program. 14. Council Chamber remodeling for cable TV. 15. Police /City Hall /Fire Station /Public Works Garage space needs. • 16. Joint Fire Training Program Proposal. 17 Additional items proposed by City Council. To the best of your staff's recollection, these are a listing of the proposed items or meetings to be considered for inclusion in your proposed work session schedule. RECOMMENDED CITY COUNCIL ACTION: The City Council should prioritize the items for work sessions, establish a work session schedule by motion, and direct staff to arrange joint meetings with District No. 286 school board in Brooklyn Park City Council. a , H y. a gdi . JANUARY 1992 JULY S M T W T F S S M T W T F S 2 3 4 1 2 3 5 7 8 9 10 11 5 7 8 910 11 ` 12 A27 14 15 16 17 18 12 13 14 15 16 17 18 19 21 22 23 24 25 19 21 22 23 24 25 26 28 29 30 31 26(p 28 29 30 31 FEBRUARY AUGUST 2 4 5 6 7 8 9( j 2 4 5 6 7 8 9 1 11 12 13 14 15 9 10 11 12 13 14 15 16 = 18 19 2021 22 16 18 19 20 21 22 23(7 25 26 27 28 29 z �o , 25 26 27 28 29 MARCH SEPTEMBER 1 3 4 5 6 7 1 2 3 4 5 4w 9 10 11 12 13 14 6 8 9 10 11 12 17 18 1920 21 13 ;229 15 161719 19 22 2 24 25 26 27 28 20 22 23 24 25 - 26 29 �0 31 27 30 APRIL OCTOBER . 1 2 3 4 1 2 3 5 7 8 9'1011 4 5 7 8 910 12 13 14 15 16 17 18 11 10 3 14 15 16 17 19 21 22 23 24 25 18 21 22 23 24 26 28 29 30 25 26 27 28 29 30-31 MAY NOVEMBER 1 2 1 3 4 5 6 7 3 4 5 6 7 8 9 8 910/121314 10 11 12 13 14 15 16 15 6 17 18 19 20 21 17 20 21 22 23 222 24 25 27 28 6 27 28 29 30 29 JUNE DECEMBER No meefiN sckeJulat 2 3 4 5- 6 1 2 3 4 5 7 8 9 10 11 12 13 6 7 8 9 10 11 12 14 16 17 18 19 20 1314 15 16 17 18 19 21 2 23 24 25 26 27 2021 22 23 241026 '14 a �f l 11 - 7 110 fn -7 n 7 A CITY OF BROOKLYN CENTER Council Meeting Date January 13. 1992 Agenda Item Number i REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: FINANCIAL TASK FORCE RECOMMENDATION ON FINANCIAL AND SERVICE PRIORITIZATION PROCESS DEPT. APPRO erald G inter, City Manager MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Co is below /attached • SUMMARY EXPLANATION: (supplemental sheets attached ) Attached find a copy of the minutes of the Brooklyn Center Financial Task Force meeting of January 6, 1992, and a draft of a Financial and Service Prioritization Process for Brooklyn Center. The Financial Task Force at its January 6, 1992, meeting approved the draft prioritization process and recommended council adoption. This prioritization process contains a process of review of City services and budgets which is coordinated with the required City budget calendars in our City Charter and in State law. It provides for an employee and citizen involvement process which the Task Force believes will place Brooklyn Center in a position to handle potential shortfalls and service modifications necessitated by State financial problems impacting on Brooklyn Center. The process should provide the City Council with options to consider as a means to reduce and /or contain costs in 1992 and beyond. RECOMMENDATION: Financial Task Force recommends City Council adoption (by motion) of the City of Brooklyn Center Financial and Service Prioritization Process. Task Force members will also indicate a joint meeting of the Task Force and City Council should be considered as a part of this process. MINUTES OF THE PROCEEDINGS OF THE FINANCIAL TASK FORCE OF THE CITY OF BROOKLYN CENTER JANUARY 6, 1992 CITY HALL CALL TO ORDER Chair Kelly call the meeting to order at 7:05 p.m. ROLL CALL Chair Kelly ( left meeting at approximately 8 p.m.) , Kanatz, Peppin, Boran, Boyd, Christensen (arrived at 8:25 p.m.), and Escher. Also present were Councilmember Pedlar, City Manager Splinter, Finance Director Holmlund, Public Works Director Knapp, Public Works Coordinator Spector, and City Engineer Maloney. There was a motion by Kanatz and second by Escher to approve the minutes of the December 9, 1991, meeting. The motion passed unanimously. Public Works Director Knapp and Coordinator Spector made a presentation on the activities of the public works division and departments. This presentation involved the organizational chart of positions and employees plus the historical perspective on the number of positions and employees. It included the budgets for government buildings, engineering, street maintenance, vehicle maintenance, park maintenance, water utility division, sanitary sewer utility division, storm sewer drainage utility, and other miscellaneous city services provided by this department. The presentation also covered the roll of this department in city improvements such as street reconstruction, building remodeling and construction, park construction, other interdepartmental activities and the goals and objectives of the public works department. Members of the Task Force asked questions throughout the presentation and requested copies of the Capital Improvements Program be distributed to the members so as they could gain a better perspective of the future capital commitments and needs of Brooklyn Center. Members were provided with copies of the materials presented by the public works department as a part of their agenda packets. Public Works Director Knapp requested an additional meeting with the Task Force to review the street improvement program and its needs and the members agreed that was a good idea. Vice Chair Boran asked Manager Splinter to review the changes in the draft of the Prioritization Process memorandum. Manager Splinter reviewed the December 11, 1991, draft requesting two changes. The first was to drop the word "attached" from the third line on the first page and the second was to substitute on page 5 in the Methodology section the word "identified" for the word "included" in the second sentence of this section. Member Escher 1 -6 -92 -1- moved and Kanatz seconded a motion approving the December 11, 1991, draft of the City of Brooklyn Center Financial and Service Prioritization Process as modified and recommended to the City Council the adoption of this process. The motion passed unanimously. Vice Chair Boran and members discussed the Financial Management Policies draft. Finance Director Holmlund reviewed the changes in the draft from the previous proposals and the members discussed sections of the policy as it related to use of Fund Balance. Because of the lateness of the hour it was decided that staff do further work on the policy to attempt to reconcile some of the differences the Task Force members had and it will be discussed at a later meeting. Members were encouraged to contact Finance Director Holmlund or Manager Splinter with comments on this policy. The Task Force briefly discussed the proposed meeting dates which were submitted with the agenda. There was a general consensus among the Task Force to approve the proposed meeting dates as follows: January 22, 1991, February 3, 1992, and February 19, 1992. Vice Chair Boran adjourned the meeting at 9:25 p.m. 1 -6 -92 -2- DRAFT 1/7/92 CITY OF BROOKLYN CENTER FINANCIAL AND SERVICE PRIORITIZATION PROCESS The Brooklyn Center City Council has appointed a Financial Task Force to review the city's financial planning, budget and service provision and report to the City Council. The Financial Task Force has presented to the City Council the interim report which was received by the City Council on November 25, 1991. As a part of that report the Task Force recommended the establishment of a financial and service prioritizing process to commence in January or February of 1992, the purpose of which is to establish budgetary priorities to suggest to the City Council should further budget reductions be necessary. While the Task Force is focusing on the financial problems of the city we may also have opportunities come available to us. Present and past City Councils, management and employees should be proud of their track record and look forward to improving upon it. If the City Council is to make informed and intelligent decisions regarding the future of the city's finances and its services they will need a citizen involved priority process which is being suggested in the following document. BACKGROUND The opportunity of challenge facing us is to set a tone and direction for Brooklyn Center city services in the 1990s. As we think about our future we need to keep in mind our past, and understand it thoroughly. Brooklyn Center has always had a positive attitude and we believe we Should continue our "can do attitude" as it relates to city services and finances. Whatever problems we encounter the City Council and staff, working with citizens, should be able to figure a way to solve those problems. Over the years Brooklyn Center has enjoyed the availability of necessary resources to take care of citizen's needs. These resources w6re provided through small tax increases and sustained property tax base growth which created additional revenues for the city. In addition to these sources we have received local government aids from the State of Minnesota. The city's rate of growth peaked in the mid 1980s and has slowly declined since. The decline is not necessarily a result of anything negative but rather was controlled primarily by the fact that the city was beginning to reach full development, both commercially and residentially. The newest comprehensive plan figures indicate Brooklyn Center is 98% developed. Brooklyn Center has basically changed in the 1980s from a "growth" to a "maintenance" mode. Redevelopment rather than development will be our future focus. We are and will be facing issues such as redevelopment, an increased emphasis on maintenance, and changing demands for services. As we enter into the 90s we have trends and issues which will be impacting upon us which may well be beyond our influence and control. However we can choose to react to these trends and issues in a positive and proactive manner. Some of these issues and trends include the following: -1- DRAFT 1/7/92 v 1. A levelun of development activity. 2. Continuing inflation. 3. A slowing of the economy on a local, state and national level. 4. Credit restrictions and changes in the banking industry have contributed in a slowed development and redevelopment market. 5. There have been changes in tax incentives for commercial and apartment property owners. 6. State property tax levy limits. 7. Private developers have "overbuilt" office and commercial property in the metro area. 8. Rental apartment market is depressed. 9. Unfunded state and federal mandates. 10. Changing demographics involving population, age and culture. The options facing local government policy makers seem to be to raise taxes, reduce services, create new revenue sources, and provide service at reduced cost. In an effort to bring together the thinking of the City Council, city staff and our citizens it is necessary to develop a financial and service prioritization process. The goal of this process is to provide a plan which allows systematic and phased cost reductions and /or revenue enhancements which result in permanent budget impacts of approximately $1,000,000 for 1993. While it may not be necessary to implement all of the proposed reductions it is prudent to develop a plan given our current financial environment. One of the most difficult aspects of developing cost reduction strategies is the realization there are not always ways to reduce cost and yet maintain the same level of service. The City Councils and staff have traditionally worked very hard over the past years to keep tax increases to a minimum. We now find ourselves at a point where insignificant reduction in the future will impact service levels. PURPOSE AND OBJECTIVF. The purpose of this process is to provide options for the City Council to consider as a means to reduce and /or contain costs in 1992 and subsequent budgets. It is further intended to set the direction for service levels throughout the 1990s. The objectives identified for this process are as follows: - 1. Opportunity for City Council, staff and community to examine municipal services for the 1990s. 2. Provide information to staff, citizens and Council on why we are facing these challenges and opportunities. -2- DRAFT 1/7/92 3. Opportunity to involve employees in the organization to create innovative ideas for service delivery and cost reductions. 4. Evaluate everything we do and how we do it. 5. Prioritize work functions and services. 6. Provide a variety of options for costs reductions. 7. Review all fees, and determine ranking and market. 8. Position the organization to provide services for the 90s given Brooklyn Center's and the State of Minnesota's financial environment. As a part of this process the City Manager will meet with all department heads and discuss this process. The following will h department head: 1 be the directions given to each de P g g p 1. Develop employee involvement process to generate ideas on cost reductions and revenue enhancements. 2. Review all areas of the budget to reduce total tax dollars and costs. 3. Review how we operate and look at our processes and operation creatively in light of the need to cut costs. 4. Reduce overtime whenever and wherever possible. 5. Review training, schools, and conference costs for possible savings. 6. Charge fees wherever possible and Brooklyn Center fees should be in the third quartile of the market. 7. Recover all costs whenever and wherever possible. 8. Service reductions: a. Only if it results in cost reduction. b. Only if it creates staff time saved to be spent on higher priorities. 9. Departmental strategies will be submitted with prioritized cost reductions and /or revenue enhancements which reduce each department budget by at least 10% (all cost reductions will be accompanied by a service impact statement). METHODOLOGY An important element in this process is that department heads make every effort to involve as many employees as possible in developing strategies to deal with the necessary cost reductions. Once staff ideas are generated, clarified and reviewed they are to be identified in department strategies. Strategies developed will be received from each of the city departments and are to be reviewed by the department heads, City Manager and Finance Director. In some instances - additional strategies will be identified and added as appropriate. The information will then be placed in a report format. The Financial Task Force will review, comment, make recommendations and monitor the process. The City Manager will, at periodic intervals during the development of departmental strategies, report to the Financial Task Force and City Council. The final report to the City Council shall -3- DRAFT 1/7192 document departmental strategies, City Managers recommendations and Financial Task Force Recommendations. The timing of this process is as follows: 1. Development of Departmental Strategies January 15 - March 15, 1992 2. City Manager Recommendations March 15 -April 15, 1992 3. Advisory Commission Recommendations April 15 - May 15, 1992 4. Financial Task Force Recommendations April 15 - May 15, 1992 5. City Council Consideration June 15 - July 15, 1992 6. Preliminary Budget & Levy Deadline August 31, 1992 7. City Manager's Proposed 1993 Budget to City Council September 15, 1992 8. City Council Budget Work Session October - November 1992 9. Public Hearings on 1993 Proposed Budget December, 1992 Because during the period of January 15 through June 15, 1992, the City staff, Commissions and Financial Task Force should be concentrating as much as possible on this process, the City Council should as much as possible minimize the number of special projects assigned to these groups. -4- CITY OF BROOKLYN CENTER council Meeting Dale January 13. 1992 d Agenda Item Number 1-3 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: 1992 LEGISLATIVE PROGRAM DEPT. APP V r r` era d G:-S jnter, City Manager MANAGER'S REVIEW/RECON MENDATION: z� No comments to supplement this report CommeVsbelow/attached SU MARY EXPLANATION: (supplemental sheets attached ) S The 1992 legislature is now in initial session which will last a week to two weeks then they will adjourn and go into a full session around the first of February. We have annually taken a look at the issues the Council wants to push or seek legislation on at this time of the year. The following is a list of issues the Council has previously expressed support for or which your staff believes the Council may wish to consider approving and giving direction to staff regarding seeking legislative changes. We are also a member of a number of organizations such as the League of Cities and Association of Metropolitan Municipalities which have legislative positions on a number of items which you have supported in the past. The listing we are giving you relates to more specific issues which the Brooklyn Center Council may wish to have special input on or direct staff to take some specific action. Following are the list of issues (not in priority order) we believe Brooklyn Center and the Council may want to take specific action to support and seek legislative change: 1. The Council in previous years has sought to modify the state law which places the minimum speed limit on residential streets of no lower than 30 miles per hour. In the early 1980s Brooklyn Center City Council consistently requested our representative and senator to seek a change in this regulation by reducing the minimum to 25 mph. Our senator and legislator tried diligently to seek this modification but were rebuffed at every turn by MNDOT and other legislative committees. There is now reason to believe that the legislature and even MNDOT may be more amenable to a change of some type in this law. Your staff believes it would be a time to at least try to seek the change to lower this limit to 25 mph rather than the current 30 mph. The original rationale for the change to 25 mph was to accommodate the 5 mph tolerance given by judges for possible errors in radar or speedometers. Summary Explanation page 2 January 13, 1992 2. In 1991 the City Council authorized the submittal for legislative consideration of specific legislation (see attached) which would allow for an increase in the HRA property tax levy and allow the statutory levy for EDAs to be outside levy limits. During the last session there were unsuccessful efforts at passing these bills. While the possibility of passage in this session are not great we believe it would be important for the council to keep these issues before our legislators and so we are recommending you consider authorizing us to seek passage again this year. 3. In 1991 the Council also supported special staff efforts in the area of tax increment financing. The Council's policy was to seek changes to existing legislation which have affectively rendered this important redevelopment tool ineffective. We believe the City Council should support the efforts of NAHRO, and others in seeking modifications of current purposes. legislation which would make this a usable tool for redevelopment ur g P P p 4. In 1991 the City Council i h y discussed the need to address the comprehensive street improvement program for Brooklyn Center. Initial analysis of our ability to accomplish this type of program indicates two modifications of state law would be of assistance in implementing such a program in Brooklyn Center. First we are recommending the Council authorize staff to seek legislative change which would allow Brooklyn Center to use the same state laws available to Minneapolis, St. Paul and Duluth which reduces from 2070 to 0% the amount of assessment needed to sell improvement bonds. We would also request your approval to seek legislation which would allow the deferment of street assessments along with the existing authorization to defer water and sewer assessments. i 5. Staff has reviewed proposed community revitalization legislation (see attached) and we believe the City Council should actively support this concept as it meets with most of the goals established by the City Council in their development of a neighborhood revitalization program. 6. Last year the Council requested staff to support legislation authorizing cities to create transportation utilities. We recommend your support of this concept in 1992 (see attached "Authority for Local Transportation Utility "). 7. The Council should add any additional legislative proposals they believe warrant special action by staff and our legislative representatives. The City Council has in the past contracted with Boland and Associates to lobby on behalf of Brooklyn Center regarding social service and group home legislation. This effort will be important - again in this and following sessions. Brooklyn Center has been and will be working to integrate and coordinate state and local government activity in this area. This attached contract is recommended for your approval. RECOMMENDED CITY COUNCIL ACTION The City Council, by motion, should direct staff to seek the passage of any, all or modified proposed legislation listed above and authorize signature of the Boland and Associates contract. MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Brad Hoffman, EDA Coordinator DATE: January 10, 1992 SUBJECT: LEVY AMOUNTS FOR HRA AND EDA LEVIES The levy limits for a Housing and Redevelopment Authority (HRA) and an Economic Development Authority (EDA) are as follows: Agenc Statute Amount HRA 469.033 sub 6 0.0131 EDA 469.107 sub 1 0.01813 The percentage amount is applied to the total taxable market value. The EDA amount was amended by Laws 1989, Chapter 277 while the HRA amount was amended by the special session tax law. Hennepin County reported that for taxes payable in 1990, Brooklyn Center will have a taxable market value of approximately $998.0 million. Assuming the market value, the City's HRA levy would approximate $130,738 and its EDA levy would approximate $180,937. Upon certification of the market values by the commissioner of revenue, final amounts will be calculated. MEMORANDUM TO: Brad Hoffman Tom Bublitz FROM: Gene Ranieri DATE: October 18, 1991 RE: Capital Improvements Legislation and Minnesota Housing Finance Agency (MHFA) Programs 1. Capital Improvement Programs - Bonding Minnesota law generally requires local governments to receive authorization prior to issuing bonds for capital improvements not subject to the provisions of Chapter 429 (special assessments). The authorization can be in the form of voter approval through a referendum or special legislation permitting the local government to issue the bonds for a specific project or program without voter approval. Minnesota counties and St. Paul and Minneapolis are able to issue general obligation bonds without a local referendum. A summary of the "counties" bill and St. Paul bill is presented in the enclosed chart. Based on current legislation, a special law for Brooklyn Center would need to address the following issues: - amount to be issued annually - review process - due process procedure ublic hearing, public notice _ (P 9 P ) - council vote margin Comparison of St.: Paul and County Capital Improvement Laws COUNTY ST. PAUL Year Enacted 1988 1971 Referendum Approval No No Governing Body Approval 3/5 of County Board must 5/7 of City Council to issue bonds approve. In Metro County - 2/3. Due Process Procedure Public Notice Public Notice Public Hearing required Public Hearing required and Advisory Committee established to review capital improvement program Capital Improvement County must prepare 5 -year Advisory Committee reviews plan that must be reviewed proposals and makes by Minnesota Department of recommendations to the Economic Development City Council Reverse Referendum Yes. Petition must be No signed by number of voters equal to 5% of the votes cast in the last General Election Comparison of St. Paul and County Capital Improvement Laws COUNTY ST. PAUL Limitations on Amounts Interest and principal on $8.0 million in bonds or 1/4 of outstanding (Capital) 1% of city's market value, bonds must not exceed whichever is greater, provided 0.05367 of 1% of the that the amount cannot exceed county's taxable market $8.0 million, if city's general value. County may levy obligation debt exceeds 6% of up to 0.05367 of 1% of market value taxable market value, minus amount due for principal and interest on the bonds. The levy is not subject to levy limitations. Sunset date Authorization to issue bonds Current authority ends expires July 1, 1993 December 31, 1993. City has usually received authority at five -year intervals. 37339 COUNTIES: POWERS, DUTIES, PRIVILEGES 8642 Fn -13 373.39 EXPENDITURES FOR FIRE PROTECTION AND COMMUNITI' PROJ- ECTS. Subd. 3. Capital imv Any county located outside the metropolitan area as defined in section 473.121, plan. The plan must CON adoption. The plan must subdivision 2, may appropriate moneys from its general fund or expend funds received capital improvements b from the federal government under the State and Local Fiscal Assistance Act of 1972 (Title 1, Public Law Number 92 -512) to make grants to cities and towns within the improvement. and sourc capital improvement pla county to be used to provide fire protection, including the construction and equipping of local fire departments, or for other community projects. The grants may be termi- overall plan: nated upon expiration of the federal act. (1) the condition of History: 1976 c 144 s 1; 1984 c 629 s I need for repair or replac (2) the likely demar 373.40 CAPITAL INIPRONTMENT BONDS. (3) the estimated cc Subdivision 1. Definitions. For purposes of this section, the following terms have (4) the available pu the meanings given. (5) the level of over (a) "Bonds" means an obligation as defined under section 475.51. (6) the relative benc (b) "Capital improvement" means acquisition or betterment of public lands, (7) operating costs c buildings, or other improvements within the county for the purpose of a county court- (8) alternatives for house, administrative building, health or social service facility, correctional facility, with other counties or lc jail, law enforcement center, hospital, morgue, library, park, and roads and bridges. An (b) The capital impr improvement must have an expected useful life of five years or more to qualify. "Capi- by the county board after tal improvement" does not include light rail transit or any activity related to it or a rec- ment plan to the commu: reation or sports facility building (such as, but not limited to, a gymnasium, ice arena, nomic development. The racquet sports facility, swimming pool, exercise room or health spa), unless the building within 90 days after it wa is part of an outdoor park facility and is incidental to the primary purpose of outdoor recreation. within 90 days after its "Commissioner" shall disar (c) Commissioner means the commissioner of trade and economic develop- determines (1) that the ment. specified in subdivision (d) "Metropolitan county" means a county located in the seven - county metropoli- factors listed in this subc tan area as defined in section 473.121 or a county with a population of 90,000 or more. ate the plan under the fac (e) "Population" means the population established by the most recent of the fol- sary duplication of public lowing (determined as of the date the resolution authorizing the bonds was adopted): or there is insufficient de: (1) the federal decennial census, sioner and the county bo: (2) a special census conducted under contract by the United States Bureau of the must be submitted to the Census, or plan is approved and eff (3) a population estimate made either by the metropolitan council or by the state Subd. 4. Limitation demographer under section 116K.04, subdivision 4, clause (10). bonds under this section due in anv year on all *th (f) "Tax capacity" means total taxable market value, but does not include captured the bonds to be issued) market value. of property in the count} Subd. 2. Application of election requirement. (a) Bonds issued by a county to maximum amount of pr finance capital improvements under an approved capital improvement plan are not standing bonds issued pt subject to the election requirements of section 375.18 or 475.58. The bonds must be equal or exceed 0.06455 approved by vote of at least three -fifths of the members of the county board. In the case culation of the limit muse of a metropolitan county, the bonds must be approved by vote of at least two - thirds year in which the obligati of the members of the county board. ity to issue bonds under (b) Before issuance of bonds qualifying under this section, the county must publish Subd. 5. Applicatior a notice of its intention to issue the bonds and the date and time of a hearing to obtain ing under this section m public comment on the matter. The notice must be published in the official newspaper the provisions of chapte of the county or in a newspaper of general circulation in the county. The notice must section. be published at least 14, but not more than 28, days before the date of the hearing. Subd. 6. Building ft (c) A county may issue the bonds only upon obtaining the approval of a majority capital improvement pla of the voters voting on the question of issuing the obligations, if a petition requesting able market value, less tl� a vote on the issuance is signed by voters equal to five percent of the votes cast in the under this section. If the county in the last general election and is filed with the county auditor within 30 days plan, the county board rr after the public hearing. The commissioner of revenue shall prepare a suggested form the amount levied to pa} of the question to be presented at the election. proceeds of this levy m s t y a - 8642 8643 COU,"ES; POw'ERS, DUTIES, PRIVILEGES 373.40 >MMUMTY PROJ- Subd. 3. Capital improvement plan. (a) A county may adopt a capital improvement fin section 473.121, Y plan. The plan must cover at least the five -year period beginning with the date of its spend funds received adoption. The plan must set forth the estimated schedule, timing, and details of specific sistance Act of 1972 I capital improvements by year, together with the estimated cost, the need for the ad towns within the improvement, and sources of revenues to pay for the improvement. In preparing the coon an capital improvement plan, the county board must consider for each pro and for the d equipping 1 :rants may be termi- overall plan: (1) the condition of the county's existing infrastructure, including the projected need for repair or replacement; (2) the likely demand for the improvement; (3) the estimated cost of the improvement; allowing terms have f (4) the available public resources; (5) the level of overlapping debt in the county; 5.51. — (6) the relative benefits and costs of alternative uses of the funds: it of public lands, _ (7) operating costs of the proposed improvements; and e of a county court- - (8) alternatives for providing services more efficiently through shared facilities orrectional facility, - with other counties or local government units. ads and bridges. An PP i - 'e to qualify. Ca P (b) The capital improvement plan and annual amendments to it must be a p p roved ela by the county board after public hearing. The county must submit the - capital improve- v te o e d to tt or a rec- P P -tnasium, ice arena, ment plan to the community development division of the department of trade and eco- sthe building nomic development. The plan is not effective if the commissioner disapproves the plan se of outdoor within 90 days after it was submitted. If the commissioner has not disapproved the plan within 90 days after its submission, the plan is deemed approved and effective. The conomic develop- commissioner shall disapprove a capital improvement plan only if the commissioner determines (1) that the planned improvements cannot be financed within the limits specified in subdivision 4, or (2) the county in preparing the plan did not consider the - county metropoli- factors listed in this subdivision or failed to gather the information necessary to evalu- of 90,000 or more. ate the plan under the factors, or (3) the proposed improvements will result in unn�ces- - t recent of the fol- nary duplication of public facilities provided by other units of government in the region nds was adopted): - or there is insufficient demand for the facility. If the plan is disapproved by the commis- sioner and the county board does not withdraw the fan the - capital P p al improvement plan :aces Bureau of the must be submitted to the voters for approval. If a majority of the voters approve, the - plan is approved and effective. "cil or by the state Subd. 4. Limitations on amount. A county, other than Ramsey, may not issue bonds under this section if the maximum amount of principal and interest to become I include captured due in any year on all'the outstanding bonds issued pursuant to this section (including the bonds to be issued) will equal or exceed 0.05367 percent of taxable market value ,j by a County to of property in the county. Ramsey county may not issue bonds under this section if the maximum amount of principal and interest to become due in anv vear on all the out - nent plan are not standing bonds issued pursuant to this section (including the bonds to be issued) will bonds must be equal or exceed 0.06455 percent of taxable market value of property in the county. Cal - board. In the case culation of the limit must be made using the taxable market value for the taxes payable t least two - thirds year in which the obligations are issued and sold. This section does not limit the author- ity to issue bonds under any other special or general law. ' ne a ring ring to obtain must publish Subd. 5. Application of bond code. Bonds to finance capital improvements qualify - 4ficial newspaper in g section under this s � must be issued under the issuance. , authority in chapter 475 and the provisions of chapter 475 apply, except as oth The notice must section. erwise specifically provided in this of the hearing. - . Subd. 6. Building; fund levy, (a) If a county other than Ramsey has an approved * f a majority capital improvement plan, the county bo may annually levy 0.05367 percent of tax - requesting able market value, less the amount levied to pay principal and interest on bonds issued cast in the under this section. If the Ramsey county board has an a r within 30 days pproved capital improvement : suggested form plan, the county board may annually levy 0.06455 percent of taxable market value, less the amount levied to pay principal and interest on bonds issued under this section. The proceeds of this levy must he deposited in the county building fund under section 373.40 COUN71FS: PONVERS, DUTIES, PRIVILEGES 8644 8645 373.25 and may only be expended for capital improvements as provided in the approved capital improvement plan.. (b) The maximum amount of the levy, when added to the unexpended balance in COL the building fund, must not exceed the projected cost of the remaining improvements in the capital improvement plan. A levy made under this section is not subject to any other levy limitation, nor may the levy be included in the computation of any other le limitation. vy COUNTY AND Cl OF FIRST CL-AS (c) This subdivision and the exercise of levy authority under it does not supersede 374.01 County and city of first cla build courthouse. or preempt the authority to levy under section 373.25 or any other law. 374.02 Expense divided. Subd. 7. Repealer. This section is repealed effective for bonds issued after July 1, 374.03 issuance of bonds. 374.04 Bonds: execution and deliv 1993, but continues to apply to bonds issued before that date. 374.06 Tax tevy. 374.07 Limitations. History: 1988 e 519 s 2; 1988 c 719 art 5 s 84; art 19 s 20; 1989 c 277 art 4 s 30,31; 374.08 Judges to appoint building 1989 c 329 art 15 s 20; 1Sp1989 c 1 art 5 s 27; art 17 s 6,7, 1990 c 480 art 9 s 13; 1990 commission. e 592 s 1,2 374.09 Procedure tfjudges fail to 374.10 who may be members of commission. 373.41 MISCELL-V EOUS FEES. 374.11 Dut of commission. 374.1 Z Plans and specifications dr The county may charge a fee to record, file, certify, or provide copies of any " a 374.15 instru- 374.13 To advertise for bids. ment, document, or paper that is required by law to be filed or which may be filed in 374.14 ages. d cheers with all bi 'gcs. any county office. The county may charge fees for service provided by any county office, 374.16 Cost of removing and rem official, department, court, or employee. The county board may, after a public hearing, 374.17 Commission may appoint architects. establish the amounts of fees to be charged for the services, unless a statute has specified 374.18 Management of building. the amount. There must be a reasonable relation between the fee and the cost of provid- ing the service. 'COTE: Sccuons 374.01 to 3 History: 1987 c 164 s 1 1. Cc 374.01 COUNTY ANE Any county having city, jointly acquire Ian( courthouse and city hal History: (643 -1) 19< 374.02' EXPENSE DIN The county and city ing, equipping, and furr contracted to be constn or sold by the county, as to issue bonds to pay it_ issue have been ratified in the city charter or by History: (643 -2) 19: 374.03 ISSUANCE O: When the city has t county board may issue ty's share of the cost of building, equal to the ar mission to the vote of tl must be pledged to the indebtedness or bonds. for this purpose for me may be issued in one or of each installment mu . which shall be payable e ra , TA for 1983 Ch. 301 Ch. 302 LAWS of MINNESOTA for 1983 1719 ;nee row vided in Minnesota Statutes. judges and the workers' compensation court of an eats issued on or after July 1, , olicable rules adopted ursuant to it 1983, shall apply the provisions of those sections. Section 225, subdivision 2. and ';is section. A pool formed pursuant section 226, subdivision 2. are effective Julv 1, 1984. Sections 155 to 158 are workers' compensation reinsurance effective Julv 1, 1985. ,f operation. Approved June 8, 1983 tiS ON CERTAIN AIRPORTS. on shall not take any action with result in a permanent net reduction CHAPTER 302- H.F.No. 445 .Mention of existing useable runwav Titan airports commission shall not - minor use to an intermediate use - - - An act relating to the city of St. Paul; setting the ma.dmum amounts of and other conditions for the issuance of capital improvement bonds: amendinz Laws 1971. chapter NCIL. 773, sections 1, as amended, and 2. as amended. the compensation council created by BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ` INNFSOTA: shall be paid only from appronna- - - Section I. Laws 1971, chapter 773, section 1, as amended by Laws 1974, chapter 351, section 5, subdivision 1, Laws 1976, chapter 234, section 1, Laws , 'ISOR. 1978, chapter 788, section 1, and Laws 1981, chapter 369, section 1, is amended he words "state treasurer" wherever to read: Lions 315.31 to 345.60 to "commis- Section 1. ST. PAUL, CITY OF; CAPITAL IMPROVEMENT PRO - GRAM. Subdivision 1. Notwithstanding any provision of the charter of the city of St. Paul, the council of said city shall have power by a resolution adopted by 3.86; 4.073: 8.3I, subdivision 4; y.05; 114A.06; 114A.07; 114A.08; five affirmative votes of all its members to authorize the issuance and sale of 93.35; and 297A.05, are repealed. general obligation bonds of the city in as a�kka of � -te fey a caleRda ea � - �- fee a f04F pe ng w" t� ,;� I- �-:-E� the years stated and A. in the aggregate annual amounts not to exceed the limits prescribed in subdivision 2 of this section r fes a f pt`r GO { RO �4 ;4Q, for the 04yment of January 1, 1982. However, claims which the full faith and credit of the city is irrevocably pledged. occurring between January 1, 1982 Subd. 2. F� t-he _ 9 th-o G4y of gt Ra-u4 i�; ai 1;4 g sent via certified mail no later than io t#[e ap � 1 t angeun; el X56 4 ; 9A asd For each of the ,rsement consideration. Section 225, years 1- ?h aPA I-9€2 1983, 1984, 1985, 1986. 1987, and 1988 the city of St. Paul n 1 are effective retroactively to is authorized to issue bonds in the aggregate principal amount of 58,000.000 for i 2 are effective for asoline sold for each year; or f� t14e ytaF 4�1 aed � yew t4# 04V +f S>, ` 108 is effective for re orting years i&F,4e Eukkq in an amount equal to one - fourth of one percent of the assessors 221, 223. and 228 are effective the estimated market value of taxable property in St. Paul, whichever is greater, : (fective July I, 1983, but only if no ! provided f"Fi [ II that no more than 58,000,000 of bonds is authorized to be issued court of appeals is enacted at the in any 4" year, unless St. Paul's local general obligation debt as defined in this 10 152 are procedural changes and {;{ section is less than six percent of st" market value calculated as of December 31 183, regardless of the date of injury, 1 of the preceding year; but at no time shall the aggregate principal amount of lc cisions cif workers' compensation i bonds authorized exceed N8 500.f1yA ifl a9+t 59,0()U,000 in 1933 a+44# , $9..00,000 :reline, deletions by ,t l:r.kµ. ` Changes or additions are indicated by underline deletions by 'itike,k+i. , v Ch. 512 LAWS of MINNESOTA for 1988 400 1 01 LAWS of MINNESC with disabilities, subacute detoxification services, residential services and nonre- Ca lculated as of December 31 of the prece sidential social support services as appropriate for the groups identified in section aggregate principal amount of bonds auth 256E.03, subdivision 2; �q P)� 1. S ift 4 985- & 1987, tip S12.000.000 in 1988, $13,300.( (e) The amount of money proposed to be allocated to each service; $ 1100.000 in 1 991, S 15,700.000 in 1992, (f) An inventory of public and private resources including associations of Sec. 2. Laws 1971, chapter 773, sect volunteers which are available to the county for social services; chapter 788, section 2, and Laws 1983, ch. (g) Evidence that serious consideration was given to the purchase of services read. from private and public agencies; and Sec. 2. The proceeds of all bonds issue (h) Methods whereby community social service programs will be monitored menu and. in the year 1989 a; be used exclusively for commencing the acquisition, constr and evaluated by the county. - - - Laµs 1978. chanter 788. section 5, as ar Sec. 2. 1256E.131 RIGHT TO RECEIVE SERVICES IN ANOTHER acre\ ices as defined in Minnesota Statutes. COUNTY, accordance with Minnesota Statutes, section proceeds of bonds authorized by section 1 u: A Person who is eligible for extended employment services under this chap- ties shall not exceed 5530.000 in 1988, $5 ter has the right to request and receive services outside the county of financial S6'_0.000 in 1991, 5655.000 in 1992, and S responsibility. The county shall consider the request and shall not disapprove a request for extended emnlovment services solely on the basis that the service is None of the proceeds of any bonds so i_ located outside the county. - - projects which have been reviewed, and ha capital improvements committee consisting Approved April 13, 1988 shall not hold any paid office or position u bcrs shall be appointed by the mayor, wit Minnesota senate district located entirely w bens from each senate district located partly appointment to a vacancy on the capital i CHAPTER 513- H.F.No. 289 mayor shall consult the legislators of the s occurs. The priorities and recommendatio An act relating to the city of St. Paul; setting the maximum amounts and other advisory, and no buyer of any bonds shall conditions for the issuance of capital improvement bonds; amending Laws 1971, chapter 7 11 of the proceeds. section 1, subdivision 2, as amended; and section 2, as amended; repealing Laws 1963, f chapter 881, as amended. i Sec. 3. REPEALER. t BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Laws 1963, chapter 881, as amended 1969, ch apter 923. Laws 1971, chapter 321 Section 1. Laws 1971, chapter 773, section 1, subdivision 2, as amended by 1975, chapter 260, is repealed. Laws 1974, chapter 351, section 5, Laws 1976, chapter 234, section 7, Laws 1978, chapter 788, section 1, Laws 1981, chapter 369, section 1, and Laws 1983, Sec. 4, LOCAL APPROVAL. chapter 302, section 1, is amended to read: This act is effective the day after cc Subd. 2. For each of the years 4 483 ; 4-984 44&5.,- 449 4457- ate 19,5$ section 645.021, subdivision 3, by the Qove throu 1993, inclusive, the city of St. Paul is authorized to issue bonds in the I Approved April 14, 1988 aggregate principal amount of $8,000,000 for each year, or in an amount equal f to one - fourth of one percent of the assessors estimated market value of taxable _ Property in St. Paul, whichever is greater, provided that no more than $8,000,000 t of bonds is authorized to be issued in any year, unless St. Paul's local general ! obligation debt as defined in this section is less than six percent of market value New language is indicated by underline deletions by stf+keOUE New language is indicated by under i t TA for 1988 400 401 LAWS of MINNESOTA for 1988 Ch. 513 ices, residential services and nonre- calculated as of December 31 of the preceding year but at no time shall the for the groups identified in section aggregate principal amount of bonds authorized exceed ift 3953; 5E 8�i8 9 8;, 54449g,ggg ift 498-5. S-4- ggg in 4496; $11,300,000 in L allocated to each service; 1987, a_n4 S12,000,000 in 1988 $13.300.000 in 1989. $14.000.000 in 1990. SI.4,soo,000 to 1991. S15,700.000 in 1992, and S16.600,000 in 1993 resources including associations of Sec. 2. Laws 1971, chapter 773, section 2, as amended by Laws 1978, .`or social services; chapter 788, section 2, and Laws 1983, chapter 302, section 2, is amended to as given to the purchase of services read: _ Sec. 2. The proceeds of all bonds issued pursuant to section I hereof shall service programs will be monitored be used exclusively for the acquisition, construction, and repair of capital improve- ments and. commencing in the year 1989 and notwithstanding any provision in - - Laws 1978, ch apter 768. section �, as amended, for redevelopment rp oiect IVE SERVICES IN ANOTHER activities as defined in Minnesota Statutes. section 469.002, subdivision 14, in accordance with Minnesota Statutes, section 469.041, clause (6). The amount of proceeds of bonds authorized by section 1 used for redevelopment project activi- olovment services under this chap_ ties shall not exceed 5530.000 in 1988 5560.000 in 1989. 5590.000 in 1990, Ank t side the county of financial 5620.000 in 1991. 5655.000 in 1992. and 5690.000 in 1993. t and shall not disapprove a i _ :..Iv on the basis that the service is ! None of the proceeds of any bonds so issued shall be expended except upon projects which have been reviewed, and have received a priority rating, from a capital improvements committee consisting of 18 members, of whom a majority shall not hold any paid otfice or position under the city of St. Paul. The mem- bers shall be appointed by the mayor, with at least four members from each Minnesota senate district located entirely within the city and at least two mem- bers from each senate district located partly within the city. Prior to making i an appointment to a vacancy on the capital improvement budget committee, the .F.No. 289 mayor shall consult the legislators of the senate district in which the vacancy occurs. The priorities and recommendations of the committee shall be purely ng the maximum amounts and other advisory, and no buyer of any bonds shall be required to see to the application - — ;nds: amending Laws 1971, chapter 773, !!! of the proceeds. 2, as amended: repealing Laws 1963, Sec. 3. REPEALER. )F THE STATE OF MINNESOTA: Laws 1963, chapter 881. as amended by Laws 1967, chapter 4 Laws 1 chapter 923. Laws 197 1, chapter 321. Laws 1973. chapter 395_, and Laws :n 1, subdivision 2, as amended by 1 chapter 260. is repealed. , 76, chapter 234, section 7, Laws ;ter 369, section 1, and Laws 1983, Sec. 4. LOCAL APPROVAL. _ This act is of active the day after compliance with Minnesota Statutes. +44 fftt4 +x}88 kctinn 6.15.021, subdivision 3, by the governing bodv of the city of St. Paul. s authorized to issue bonds in the %PProvcd April 14, 1983 each year; or in an amount equal csttmated market value of taxable ded that no more than 58,000,000 ar, unless St. Paul's local general six percent of market value ` _. deletions by s►Alrr wt. New Ixnguage is indicated by underline deletions by e+ ►+• r 5416 JOURNAL OF TI IE SENATE 158TH DAY 58TH DAY) MONDAY, MA 2 1991 5417 expenses incurred by the department in col- for necessary improvements. The depa me t lecting and distributing state aid to police and shall also study possible expansion of the co munity resources program into inner -rind su - firefighters' relief associations. urbs adjoining cities of the first class, and $55,000 the first year and $55,000 the second report to the appropriate committees of the year must be subtracted from the total taconite legislature by January 1, 1992. production tax revenues distributed to local $377,000 the rst units of government. These amounts shall be fi year and $377,000 the sec - y deposited in the general fund and appropriated and year are for regional planning grants to to the department of revenue for the costs and regional development commissions organized expenses incurred by the department in col- under Minnesota Statutes, sections 462.381 to lecting and distributing taconite production tax 462.396. revenues. Until June 30, 1993, for state and federal grants distributed by state agencies to regions of the Subd. 5. Customer Service and r state not having regional development co- Information mission, the state agency m en administering the 13,505,000 13,475,000 grant program may assess the program for Subd. 6. Tax Compliance administrative costs incurred by the agency 22,680,000 22,624,000 that normally are incurred by the commission. $5,517,000 the first year and $5,517,000 the Subd. 7. Base Cut secon car are ) y t✓ for economic recovery grants, (700,000) (702,000) of which up to $500,000 may be used to imple- The base cut must be allocated among the agen- ntent the capital access program. - , t , cy's programs by the agency head.` $5,904,000 the first year and $5,904,000 the Sec. 23. TRADE AND ECONOMIC second year are for the targeted neighborhoods ? revitalization and financing program. DEVELOPMENT t Upon approval by the commissioner of a revi- Subdivision 1. Total talization program the commissioner shall, Appropriation 40,880,000 40,876,000 within 30 days, pay to the city the amount of Approved Complement - 213 state money identified as necessary to imple- General - 173 ment the revitalization program or program modification.` Environmental - 3 t Special Revenue - 3 $2,791,000 the first year and $2,791,000 the second year are for payment of a grant to the ti Trunk Highway - 16 metropolitan council for metropolitan area t Federal- 18 regional parks maintenance and operation. Summary Fund The metropolitan t Y Y p parks and open space corn- n, General 39,936,000 39,940,000 mission shall consider the development of a trail that would link the St. Paul waterfront Environmental 215,000 214,000 with the Munger trail via Swede Hollow and Trunk Highway 729,000 722,000 the abandoned railroad bed running north The amounts that may be spent from this apps o through St. Paul's East Side. The commission priation for each program are specified in the �;': may meet with interested people uui repro- { f sentatives of affected group and shall report following subdivi sions. b P " -- - -- — back to the senate finance and house appro- Suhd. 2. Community Developnicnt ,; priations committees by January 1 , 1992. 19,491,000 18,905,0001 $2,006,000 the first year and $2,006,000 the The department of trade and economic devel- second year are for grants to pay principal and opment shall examine the community ; interest due on bonds issued by the city of re so s program, evaluate the effectiveness :t the city of St. Paul m Minneapolis for tile Great River Road Project, o Park con - J of tl grain, and make recommendations to T for the Co thr nnri rtr rrrmnrirh i c of III( 1(­6 Irr 1;ttnr'r servatory, s uburb all 11CnnCplm reg ional pafk 0 BOLAND AND ASSOCIATES 490 East County Road B Maplewood, Minnesota 55117 January 9, 1991 Mr. Gerald Splinter, City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Dear Mr. Splinter: Enclosed is a proposal for lobbying the state legislature during the 1992 session. If the opportunity is available, it will be beneficial for Brooklyn Center to have some input into these issues. These efforts will be coordinated with you and any others that you may decide to have involved. A report can be submitted on a monthly basis or as special needs require. The cost_ of providing these services will not exceed $5,000.00. Charges will accumulated at an hourly rate of $75.00 per hour. Brooklyn Center should have someone involved in monitoring the specific issues that may concern the city. We want to provide that oversight. Please feel free to call if you have any questions or comments. Sincerly, �A 1 Ron Christensen Enclosure: Lobby Proposal for 1992 BOLAND AND ASSOCIATES 490 East County Road B Maplewood, Minnesota 55117 14EMO TO: Mr. Gerald Splinter, City Manager City of Brooklyn Center From: Ron Christensen Reference: Proposal for lobby services for the 1992 Legislative Session. Our efforts will be to monitor the legislature during the 1992 legislative session. We will be prepared to testify before the appropriate committees on any activities that involve group housing. Other housing issues that may have an impact on Brooklyn Center may also need to be monitored. We will also work on preparing and getting legislation submitted for consideration if it is determined by the city staff and council that it is appropiate. There are two bills that will need close observation during this session. One is House File 1393, Senate File 0747 that relates to Residential Facilities and restricts the establishment of health, corrections, or human services within 1,320 feet of existing residential programs. The other is House File 0892, Senate File 1044 relating to Senior Citizens and Elderly and establishing community based long -term care program grants for living at home and block nurse programs. Both of these bills may have some desirable features however, there is always the chance that amendments will be added to include any and all items regarding group homes or housing for the elderly. The other issues that will need consideration are listed below. Encourage the state to continue the operation of state facilities. Modify the group home siting process so city councils do not have the responsibility for this process. Establish multiple levels of mental illness and /or chemical dependency. The more severe cases need more restrictive environments. Limit the size of group homes according to the degree of restriction needed and location of the facility. Meetings with legislators, various department staff for the state, metro- council, and county will be arranged as they may become needed. CITY OF BROOKLYN CENTER Council Mecting Date 1/13/92 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ESTABLISHING PROJECT, APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR IMPROVEMENT PROJECT NO. 1992 -05, WELL NO. 3 SAND REMOVAL DEPT. APPROVAL: Sy Knapp, irector of Public Works xxxx�tex�k�K�! e�k�k�k�! cyc�kx�k�! exx�k��k�k�k�k�k�K�k�k�k�k�k* �k�k�k�k�k�k�k�k�k�k�k�k�k >k�k�k�k�k�k � �k�k x� : x>,<Xie�cyexyc MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Coml nts below /attached • x�! e�k��! c�! exeMM�k�k�! c�k�k�kxx�! cye�kxxxye�c�lex�! tx�kMM�>; e�; e�kxscYcscxcycxx>; e> k�! ex> e�! c�! e�K�! e�k�k��kx��kxyc�Krcxxxxxxxxxxxxiexacxre SUMMARY EXPLANATION: (supplemental sheets attached Over the last 4 or 5 years, City staff have observed that the operation of Well No. 3 at its design pumping rate (1,100 gallons per minute) has provided water with an unusually high amount of fine sand. Sand present in the pumped water causes accelerated wear of the pump components, and ultimately leads to problems as it accumulates out in the distribution system. For the last two years, acceptable water could only be obtained by operating the well at a rate of 850 gpm, which is relatively inefficient and during the peak demand periods of the summer causes a deficit to the system requirements. The well, located near Tower No. 2 on Dupont Ave. No., was originally drilled, blasted and developed in 1961, and represents the oldest of the City's regularly relied upon water sources. After consultation with representatives of the well drilling industry, staff has concluded that the very fine sand now prevalent is being pulled from the cracks and fissures of the sandstone formation. These fractures, possibly opened as the result of the original blasting, have enlarged over the years. The larger, heavier sand particles fall to the bottom of the well cavity and accumulate, and have once been removed by mechanical bailing. However, the finer sand particles are light enough to be pulled from the sandstone aquifer (along with the water) and brought to the surface through the pump column during the normal operation of the well. The removal of the finer sand can best be accomplished by a process called air development, or surging, which pressurizes and then suddenly depressurizes the well cavity to dislodge loose sand particles. The sand, along with large amounts of water, is then brought up to the ground surface and drained before hauling. This type of work is routinely performed by three or four Metro - area contractors, and is considered fairly common for aging wells of this type. Accordingly, the City Engineer has prepared plans and specifications for the sand • removal and if approved, the project would occur yet this winter, before the demand for water substantially increases. The total project costs are estimated at this time as $ 39,470. It is noted, however, that estimating the repetitions of the pressuring process (and therefore the cost) required is very difficult, and the actual contract costs will depend on the actual amount of sand to be removed. RECOMMENDED CITY COUNCIL ACTION A resolution establishing project, approving plans and specifications and directing advertisement for bids is provided for consideration by the City Council. r • IYa- 1 :Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING PROJECT, APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR IMPROVEMENT PROJECT NO. 1992 -05, WELL NO. 3 SAND REMOVAL WHEREAS, the City Engineer has reported to the City Council that the operation of Well No. 3 of the City's municipal water supply system at its designed pumping rate provides water carrying an unacceptable amount of fine sand; and WHEREAS, it has been determined that the existing well cavity should be further air developed and surged, to remove excess sand; and WHEREAS, the required work is beyond the scope of usual maintenance performed by City forces; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. Improvement Project No. 1992 -05, Well No. 3 Sand Removal, is hereby established. 2. Said plans and specifications as prepared by the City Engineer are - hereby approved. 3. The Deputy City Clerk shall prepare and cause to be inserted in the official newspaper and in the Construction Bulletin an advertisement for bids for the making of such improvement in accordance with the approved plans and specifications. The advertisement shall be published in accordance with Minnesota Statutes, shall specify the work to be done and shall state the time and location at which bids will be opened by the Deputy City Clerk and the City Manager or their designees. No bids will be considered unless sealed and filed with the Deputy City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City Clerk for 5 percent of the amount of such bid. 4. The estimated project costs are established as follows: - Contract $ 31,200 Contingency (15 %) $ 4.680 Subtotal Construction $ 35,880 Staff Engineering (8%) $ 2,870 Admin. & Legal (2%) 720 Total Est. Project Cost $ 39,470 RESOLUTION N0, 5. All costs relating to this project shall charged to the Water Utility Fund. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER council Meeting Date I/I3/92 Agenda Item Numbcr �6 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ESTABLISHING PROJECT, ACCEPTING PROPOSAL AND AWARDING CONTRACT FOR IMPROVEMENT PROJECT NO. 1992 -06, WELL NO. 7 MAINTENANCE �k* �k�k�k�k�k�k�k�k�k�k�k�k�k�k�k�kyc�k�k�k�k��kye�k�kX�k��k�k�K�! c�k�k�k��k�! cocac�k�k�k> k�k�k�k�k�k�k�k�k�k�k�k�k�k�K�k�k�k >k��K�rc�e�k>eaex�c�cx, �;cxxse DEPT. APPROVAL: Sy Knapp, irect r of Public Works MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached • SUMMARY EXPLANATION: (supplemental sheets attached The City's municipal water supply wells are maintained by Public Utility personnel, who provide the day -to -day inspections, adjustments, etc. necessary to ensure constant delivery of water to the City. As part of the normal well maintenance schedule, the underground portion (column, shaft and pump) of each of the City's wells are "pulled" once every six years, for inspection and repair or replacement, by contractors who specialize in that type of work. Well No. 7 was recently pulled in this maintenance cycle, and was found to require repairs to and replacements of the 10" dia. column pipe, 1 -1/2" stainless steel line shaft and four stage pump. Also, a modest amount of loose sandstone (approx. SO cubic yards) has accumulated in the well cavity, and should be removed at this time. Consequently, the City Engineer requested proposals for Improvement Project 1992 -06, Well No. 7 Maintenance, for the above mentioned repairs and replacements. Of the two proposals received for the work, the lowest submitted was that of Layne Minnesota Company, of Minneapolis, Minnesota. A list of the proposals submitted is as follows: Layne Minnesota Company $ 9,990.00 Keys Well Drilling Company $ 14,770.00 • Layne Minnesota Company has considerable experience in this type of work in the Metro area and has performed well on previous contracts with the City of Brooklyn Center. Consequently, staff recommends award to Layne Minnesota Company, of Minneapolis, :'IN. RECONINJENDED CITY COUNCIL ACTION A resolution establishing the project, accepting proposal and awarding contract to Layne Minnesota Company, is provided for consideration by the City Council. • 1 `fib Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING PROJECT, ACCEPTING PROPOSAL AND AWARDING CONTRACT FOR IMPROVEMENT PROJECT NO. 1992 -06, WELL NO. 7 MAINTENANCE WHEREAS, the City Engineer has reported to the City Council of the need for routine well maintenance; and WHEREAS, the City does not possess the parts or equipment necessary to perform the more specialized inspections; and WHEREAS, proposals for Well No. 7 maintenance were received, opened, and tabulated by the City Engineer, on the 9th day of January, 1992, and said proposals were as follows: Bidder Bid Layne Minnesota Company $ 9,990.00 Keys Well Drilling Company $ 14,770.00 WHEREAS, it appears that Layne Minnesota Company of Minneapolis, Minnesota, has provided the lowest responsible proposal. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. Improvement Project No. 1992 -06, Well No. 7 Maintenance, is hereby established. 2. The proposal as submitted by Layne Minnesota Company of Minneapolis, Minnesota is hereby accepted and the Mayor and City Manager are hereby authorized and directed to enter into a contract, in the amount of $ 9,990.00, with Layne Minnesota Company in the name of the City of Brooklyn Center, for Improvement Project No. 1992 -06. 3. All costs relating to this project shall be charged to the Public - Utility Fund. RESOLUTIOrd N0. Date Todd Paulson, Mayor ATTEST: Deputy C lerk p Y 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 January 13. 1993 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE PURCHASE OF FIVE (5) COMPACT POLICE SEDANS DEPT. APPROVAL: P. paa' Patricia A. age, Deputy City Clerk MANAGER'S REVIEW/RECOMMENDATION: a o . * No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) • On December 16, 1991, the City Council approved specifications and authorized advertisement for bids for five compact police sedans. Bids were received and opened on Thursday, January 8, 1992. Three bids were received for the sedans however, I am recommending one of the bids be rejected because it does not meed specifications. The bid to be rejected is from Brookdale Motors. Brookdale Motors noted in their bid that they could not provide the special police package as required in the specifications. The other two bids met specifications and I recommend accepting the bid from Thane Hawkins Polar Chevrolet in the amount of $13,083 for each vehicle. RECOMMENDED CITY COUNCIL ACTION I recommend adoption of the attached resolution. /4 1 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE PURCHASE OF FIVE (5) COMPACT POLICE SEDANS WHEREAS, an appropriation was approved in the 1992 budget for the purchase of five (5) compact police sedans; and WHEREAS, three bids were received as follows: Company Bid Brookdale Motors $12,775 each Thane Hawkins Polar Chevrolet $13,083 each Superior Ford $14,339 each WHEREAS, the bid received from Brookdale Motors does not meet specifications because of the inability to provide a special police package as required in the specifications. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the bid received from Brookdale Motors is hereby rejected because of failure to meet the specifications. BE IT FURTHER RESOLVED that the purchase of five (5) compact police sedans from Thane Hawkins Polar Chevrolet, in the amount of $65,415 is hereby approved. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date January 13. 1992 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE PURCHASE OF ONE (1) COMPACT CARGO VAN DEPT. APPROVAL: P LO Patricia A. tage, Deputy City Clerk MANAGER'S REVIEW/RECONEVIENDATION: No comments to supplement this report Comm enk below /attached SUNEVIARY EXPLANATION: (supplemental sheets attached ) • On December 16, 1991, the City Council approved specifications and authorized advertisement for bids for one compact cargo van. Bids were received and opened on Thursday, January 8, 1992. Four bids were received for the cargo van. I recommend awarding the bid to the low bidder, Thane Hawkins Polar Chevrolet. RECOMMENDED CITY COUNCIL ACTION I recommend adoption of the attached resolution. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE PURCHASE OF ONE (1) COMPACT CARGO VAN WHEREAS, an appropriation was approved in the 1992 budget for the purchase of one (1) compact cargo van; and WHEREAS, four bids were received as follows: Company Bid Thane Hawkins Polar Chevrolet $11,988 North Star Dodge $12,690 Brookdale Motors $13,288 Superior Ford $13,888 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the purchase of one (1) compact cargo van from Thane Hawkins Polar Chevrolet, in the amount of $11,988 is hereby approved. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF LOWELL AINAS WHEREAS, Lowell Ainas served on the Brooklyn Center Planning Commission from February 23, 1991, to the time of his death on January 2, 1992; and WHEREAS, Lowell Ainas served as Chairman ProTem from June, 1989 to the time of his death on January 2, 1992; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate the his service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of Lowell Ainas is hereby recognized and appreciated by the City of Brooklyn Center. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF DAVID SKEELS WHEREAS, David Skeels served on the Brooklyn Center Park and Recreation Commission from February 14, 1983, to December 31, 1991; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that his service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of David Skeels is hereby recognized and appreciated by the City of Brooklyn Center. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER council Meeting Date January 13, 1992 Agenda Item Number A/ 40 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION AUTHORIZING REPLACEMENT OF DAMAGED POLICE VEHICLE DEPT. APPROVAL: � J James Li say, Chief of Police MANAGER'S RE W/RECONEVIEND ION: No comments to supplement this report Comme is M below /attached ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUIVIlVIARY EXPLANATION: (supplemental sheets attached yes ) • The police department recently had a vehicle damaged. Several officers were attempting to apprehend two suspects in a stolen vehicle. The officers had followed the vehicle into Brooklyn Park, when the suspects stopped the vehicle and took off on foot. Two Brooklyn Center squads stopped and one officer had exited his vehicle to pursue on foot. A third Brooklyn Center squad attempted to stop and hit a slippery spot and slid into the snow bank. A fourth Brooklyn Center squad then attempting to avoid the third vehicle, who was sliding, also began sliding and hit the second vehicle, pushing it into the first. The first and third vehicles listed in this summary received minor damage and were returned to use shortly. The second and fourth vehicles were towed to the repair shop. The second vehicle was later viewed by the City's insurance carrier and declared to be totaled. As part of the department's contingency plan for such emergencies, the captains' vehicle will be changed over into a marked squad. This leaves the three captains, who share one vehicle, without a staff car. The City has been informed by the insurance company that it will receive $12,230 for the totaled vehicle. We received the following quotes from leasing companies for various vehicles. The quotes are as follows, including 6.5% sales tax: 1991 Chevrolet Lumina Eurosport- Budget $10,649 1991 Pontiac 6000 -Avis $10,649 1991 Buick Century- Budget $11,183 At this time, the police department are requesting the purchase of the 1991 Chevrolet Lumina Eurosport from Budget at a cost of $10,649. As this is less than we will receive from the insurance company, no additional funds from contingency would be required. RECOMMENDED CITY COUNCIL ACTION The City Council approve the resolution authorizing the replacement of a damaged police vehicle. i 1 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING REPLACEMENT OF DAMAGED POLICE VEHICLE WHEREAS, one of the police department marked squad vehicles was damaged in an accident; and WHEREAS, the vehicle in question was declared totaled by the City's insurance carrier; and WHEREAS, the City Council has determined that it is necessary to replace such vehicle; and WHEREAS, quotations were received as follows: 1991 Chevrolet Lumina Eurosport Budget $10,649 1991 Pontiac 6000 Avis $10,649 1991 Buick Century Budget $11,183 WHEREAS, the City's insurance carrier has determined it will pay the City $12,230 for the totaled vehicle. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the purchase of a 1991 Chevrolet Lumina Eurosport from Budget in the amount of $10,649 is hereby approved. BE IT FURTHER RESOLVED the cost of this vehicle will Pe funded by the funds received from the insurance company. 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 cornea Meeting Date January 13, 1992 Agenda Item Numbe /! 40 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION APPROVING PURCHASE OF EQUIPMENT AND AUTHORIZING TRANSFER OF FUNDS FROM DRUG FORFEITURE MONIES DEPT. APPROVAL. —� James ndsay, Chief of PT' MANAGER'S REVIEW/RECON NIE TION: No comments to supplement this report Comme s below /attached SUMMARY EXPLANATION: (supplemental sheets attached yes ) • The police department has $13,752 in forfeiture monies currently available. This includes $6,354 which was left in the forfeiture account at the end of 1991 which must be brought forward into 1992. The police department's forfeiture committee met and made the following recommendations for use of the monies. I concur with this request. The police department is a member of M.O.C.I.C. (Mid - States Organized Crime Information Center). This is an organization in which primarily the investigators work closely to share both information and equipment. This organization has a computer software which allows for the easy compilation and sharing of suspect information. The first request is for the computer workstation which will be stationed in the investigation area which will be used for this software program. It is anticipated that $4,132 will purchase the computer and furniture needed. The next request is for several items for the squad cars. The first item on this list is a pair of halogen grill lights for each of the nine squad cars. These cost $55 per pair for a total of $495. The next item is to complete the purchase of the new style screens for the squad cars. We previously purchased three of the screens and would need five more to complete all squads (the K -9 car has a specialized screen because of their special needs). These screens cost $269 each for a total price of $1,345. The next item is the purchase of double rear deck lights for each of the nine squads. We would then need to purchase 18 units at $46.50 each for a total of $837. The next item on the list are the plastic rear seats. These seats replace the rear seat that come with the vehicle which can be stored and replaced when the vehicle is removed from marked squad use. The plastic seats allow the officers to more securely place the prisoner; allow the prisoner more leg room; and do not allow areas for the prisoner to hide contraband. These seats are $400 each, and at this time, we propose to purchase 2 for a total of $800. This brings the total for squad car items to $3,477. The last item is a training medium for all officers' use. We propose to install the L.E.T.N. (Law Enforcement Training Network) in the department. This is a national enterprise which broadcasts certified law enforcement training which can then be videotaped and viewed by all officers individually or in groups. All officers must obtain 48 hours of continuing education units every three years in order to keep their law enforcement licenses current. This service will allow for easy access to a good training medium for all our officers. The cost of the service is $388 per month, with a one time $285 installation cost for a total of $4,941. The grand total for the above listed items would be $12,550. RECOMMENDED CITY COUNCIL ACTION The City Council adopt the resolution approving purchase of equipment and authorizing the transfer of funds from drug forfeiture monies. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1992 GENERAL FUND BUDGET AND APPROVING THE PURCHASE OF EQUIPMENT AND AUTHORIZING THE TRANSFER OF FUNDS FROM DRUG FORFEITURE MONIES WHEREAS, Section 7.08 of the City Charter does provide for the increase of a budget appropriation by the City Council if the actual receipts exceed the estimates, but not to exceed the actual receipts; and WHEREAS, the actual receipts for the drug forfeiture account #3897 do exceed the estimates by $6,196; and WHEREAS, 1988 Laws of Minnesota C.665 provides for seizure and forfeiture of property used in commission of crime and proceeds of crime and contraband; and WHEREAS, said laws require that said property kept under said laws may be used only in the performance of official duties of the appropriate agency and may not be used for any other purpose; and WHEREAS, 700 of the sale of property may be used by the Brooklyn Center Police Department as a supplement to its operating fund for use in law enforcement; and WHEREAS, the City Council, by the adoption of Resolution No. 88 -195 on November 21, 1988; did authorize the Director of Finance to appropriate said proceeds to the Police Department Budget as they are received to the extent that said proceeds exceed five thousand dollars in any calendar year and then said excess will be reported to the City Council for its appropriation; and WHEREAS, the City Manager and the Chief of Police have recommended the purchase of 1 computer workstation, 9 pair of halogen grill lights, 5 squad car screens, 18 double rear deck lights, 2 plastic rear squad seats, and 1 year service and installation to LETN; and have further recommended that these costs be appropriated from the balance of the drug forfeiture money. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to authorize the purchase of equipment and services at a total cost of $12,550; and BE IT FURTHER RESOLVED to authorize an appropriation of $12,550 from forfeited property proceeds for these purchases and costs; and BE IT FURTHER RESOLVED to amend the 1992 General Fund Budget as follows: RESOLUTION NO. Increase the Estimated Revenues from Forfeited Drug Money (3479) by $6,196. To increase the Transfer from Fund Balance Account 13990 by $6,354. (NOTE: These are funds received in 1991. Unexpended funds at year end revert to Fund Balance.) Increase Department 31, Police Protection, 4411 Training by $4,941. Increase Department 31, Police Protection, 4552 Other Equipment by $4,132. Increase Department 31, Police Protection, 4553 Mobile Equipment by $3,477. 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. (REQLOAN) CITY OF BROOKLYN CENTER Council Meeting Date / / - 9 , Agenda Item Number A 1 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ESTABLISHING AN INTEREST RATE ON LOANS FROM THE INVESTMENT TRUST FUND TO OTHER FUNDS OF THE CITY OF BROOKLYN CENTER DEPT. APPROVAL: Charles Hansen, Assistant Finance Director **************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REV TION: No comments to supplement this report Comments below /attached SUMMARY E %PLANATION: (supplemental sheets attached ) In the past, the City has temporarily financed special assessment improvements by issuing Temporary Improvement Notes and selling them to the Investment Trust Fund. Permanent financing was provided later by the sale of long -term improvement bonds. Similar loans have occasionally been made to other City funds which were in need of financing, but didn't find it desirable to sell bonds. The interest rate on these loans was last adjusted on January 8, 1990, by Resolution 90 -03, which set it at 100. Economic conditions have changed so as to cause an overall reduction in interest rates. The proposed rat& of 8% is sufficient to more than cover the lost interest from investing these funds, while not overburdening the funds and construction projects receiving the loans. RECOMMENDED CITY COUNCIL ACTION Passage of the attached resolution. 1�c (RESLOAN) Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING AN INTEREST RATE ON LOANS FROM THE INVESTMENT TRUST FUND TO OTHER FUNDS OF THE CITY OF BROOKLYN CENTER ------------------------------------------------------- WHEREAS, the City Council passed Resolution 89 -253 on December 18, 1989 which established an annual interest rate of 8% to be charged on a loan made by the Investment Trust Fund to the Economic Development Authority; and WHEREAS, the City Council passed Resolution 90 -03 on January 8, 1990 which established an annual interest rate of loo to be charged on loans made by the Investment Trust fund to other City Funds; and WHEREAS, because of current economic conditions the interest rate of 10% is excessive; and WHEREAS, the City Council has determined that an annual interest rate of 8% sufficient and equitable for all loans. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the annual rate of interest to be charged by the Investment Trust Fund on loans to all other City funds be set at 8 %, effective January 1, 1992. 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 1/13/92 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION AMENDING 1992 PAY PLAN DEPT. APPROYAI.: Brad Hoffman, EDA Coordinat MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SU EVIARY EXPLANATION: (supplemental sheets attached ) • During he budget process for h A 1 g g p the EDA, I proposed eliminating two part -time sales positions at the Heritage Center and replacing them with a full -time sales position. Given the time constraints at the EDA budget hearing, I am not sure the EDA was fully aware of my recommendation. Before o e I take an action to implement the change, would like the council to reaffirm that change. Y e P g� g In order to do so, the city council would have to pass a resolution authorizing the additional position in the pay plan. The council should note the approval would not mean a budget change since it was anticipated in my budget submission. In 1991, two part -time positions were approved to help deal with calls for the facility. The volume of calls continues to increase at the Center. In 1990, we operated over the last nine months of the year. For the first nine months of 1991, revenues were up almost 36 percent over 1990 revenues. Given the nature of the position (see attached job description) a great deal of flexibility as to days and hours are required. We have found that the individual making the initial contact with a client works with that client straight through to the event. That can mean weeks in excess of 40 hours and six and seven days straight. I feel that for the type of service we are trying to provide, we need to create the full -time position. Hopefully, I will be back to you yet this year asking for your approval for additional sales positions. Both Judith Ber eland and I will available u this g be e to discuss t s Monday evening. is RECOMMENDED CITY COUNCIL ACTION Pass a Resolution Amending 1992 Pay Plan. Nj Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING 1992 PAY PLAN WHEREAS, City of Brooklyn Center Resolution No. 91 -283 sets wages and salaries for calendar year 1992; and WHEREAS, the Economic Development Authority and Housing and Redevelopment Authority of Brooklyn Center, Minnesota, 1992, budget allocates funding for one additional staff position; and WHEREAS, it is the City Council's intent to add a second position titled Earle Brown Heritage Center salesperson to the 1992 pay plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn center that the 1992 pay plan is hereby amended as follows: The Earle Brown Heritage Center section of the 1992 Positions Authorized, Schedule A, is amended to add a second position of EBHC salesperson which will be exempt from overtime. 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 POSITION DESCRIPTION POSITION IDENTIFICATION TITLE: Salesperson -Full time and Part time DEPARTMENT: Earle Brown Heritage Center (EBHC) DIVISION: Administration STATUS: Exempt SALARY LEVEL: Full time:Supervisory- Professional Schedule C Part- time:EBHC Part -time Positions Wage Schedule DATE WRITTEN /REVISED: May 1991 POSITION SUMMARY Aggressively sells facility and services according to revenue and pricing standards. Coordinates details of appropriate functions with highest regard to guest service and Earle Brown Heritage Center profitability. Reports to the EBHC manager. DUTIES AND RESPONSIBILITIES 1. Develops and initiates new sales by acquiring leads, _ _ establishing contacts and relationships, and making outside calls and presentations. 2. Is completely familiar with physical facilities, capabilities, and logistics. 3. Markets facility to potential clients. 4. Meets with clients following phone contact: tours facility, negotiates rental rates, conducts event follow through regarding all planning and carrying out of actual event. 5. Writes contracts for facility rentals. 6. Interfaces with caterer and client regarding food and beverage selections. 7. Produces floor plans for client approval. 8. Produces event schedule for set -up crew. 9. Finalizes details of appropriate files as efficiently and timely as possible. 10. Meets and greets convener upon arrival, readily offers services, and introduces staff crew chief on duty. 11. Follows all procedures as detailed in the sales manual. 12. Prepares and submits all required reports and projects on schedule and makes recommendations when appropriate. 13. Represents facility at Chamber of Commerce and North Metro Convention and Tourism Bureau meetings as requested by the EBHC manager. 14. Represents facility at trade shows, on committees, and at functions as requested by the EBHC manager. 15. Inputs ResNet computer system for bookings. 16. Attends two meetings weekly: 1) Tuesday morning Stencil Pack Review. 2) Friday morning sales meeting. 17. Performs other duties as assigned or apparent. KNOWLEDGE, SKILLS AND ABILITIES 1. Knowledge of sales in the meetings /hospitality industry. 2. Knowledge of competitor's facilities, capabilities, products, prices, and styles. 3. Good organizational skills. 4. Ability to communicate clearly and concisely, both orally and in writing. 5. Ability to work tactfully and congenially in a positive, professional manner with clients and other City personnel. MINIMUM REQUIREMENTS 1. Two years of course work in business or a related field from an accredited college or university or an equivalent combination of education and experience in a related field required. 2. Two years experience in sales required, with preference given to sales experience in the meetings /hospitality industry. POSITION DESCRIPTION APPROVED By !' Department Director Date Approved By 42 1Z 7 C' y Manager Date Approved Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Marquette Brookdale Bank be and is hereby designated as the depository for the funds of the City of Brooklyn Center, Minnesota. BE IT FURTHER RESOLVED that the following named banks are hereby designated additional depositories to be used for investment purposes: First National Bank of Minneapolis Marquette Minneapolis Bank Norwest Bank Minneapolis First National Bank of St. Paul American National Bank of St. Paul Camden Norwest Bank First Minnesota Savings & Loan Association Midwest Federal Savings & Loan Association Twin City Federal Savings & Loan Association The city treasurer is authorized to deposit City funds guaranteed by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation and such additional funds not to exceed the amount of 90% of collateral pledged to the City, and approved by the City, by said depository. BE IT FURTHER RESOLVED that the persons generally authorized by the City Charter to act for the City in any of its business with the depository are any persons holding office from time to time as city manager and city treasurer. All checks drawn upon an account of the City shall be signed by both of the above designated persons. BE IT FURTHER RESOLVED that the city manager is Gerald G. Splinter and the city treasurer is Paul W. Holmlund. 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.. (REQDEPTS) CITY OF BROOKLYN CENTER Council Meeting Date Agenda Item Number . REQUEST FOR COUNCIL CONSIDERATION *************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: RESOLUTION AMENDING THE 1991 GENERAL FUND BUDGET TO INCREASE APPROPRIATIONS FOR VARIOUS OPERATING DEPARTMENTS AND CARRYING FORWARD CERTAIN APPROPRIATIONS TO THE 1992 BUDGET **************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: Paul Holmlund, Director of Finance MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached • SUMMARY EXPLANATION: (supplemental sheets attached ) The attached resolution adjusts the 1991 General Fund Budget so that no department should exceed its appropriation. This adjustment is necessary because of the eighteen month span of time between budget preparation and the conclusion of the budget year. In the case of most departments listed in section 1, there simply were higher levels of activity than were anticipated and these costs will have to be covered by a transfer from the contingency appropriation. Children's Recreations experienced an increase in receipts to go along with its increased expenditures. Accordingly, the offset to its budget is estimated revenues instead of the contingency account. Sections 2 & 3 deal with requests by some departments to carry forward appropriations from the 1991 to the 1992 budgets. The attached memo from Sy Knapp explains the reasons for each item. In the cases of the radios, the resolution only approves the amount budgeted, not the request. RECOMMENDED CITY COUNCIL ACTION Passage of the attached resolution. • CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 B ROOKLYN TELEPHONE: 569 -3300 C ENTER FAX: 569 -3494 EMERGENCY - POLICE - FIRE 911 MEMORANDUM January 8, 1992 TO: Paul Holmlund FROM: Sy Knapp SUBJ: Request for Carryover of Funds 1991 Budget to 1992 Budget Division 19 Object 4520 Civic Center Recirculating Pipe System Budgeted: $21,840 Carry -over Request: 21,840 This work was intended to be conducted during the annual pool shutdown, which usually occurs during December. The pool shutdown will not now occur until February, 1992, during construction of the Community Center Pool Water Slide. Division 42 Object 4553 Water Truck Budgeted: $10,000 (CI) Expended: 752 Carry -over Request: 9,248 C ,�sui�wencan s Funds were budgeted to convert an existing truck into a water truck by installing a used tank and other necessary items. A pump has already been purchased and received; a tank has been located and ordered, but has not yet been received. City Channel Radios Budgeted: $500 (CI) Carry -over Request: 890 Funds were budgeted in the city channel radios line item to cover some costs associated with enabling private line capability on radios using the public works channel. On further review, it was determined that it is more cost - effective to purchase two more new radios than to spend $280 each to convert radios which are over ten years old to this capability. Private line capability squelches out extraneous signals on the channel, such as the signals we receive from Lino Lakes Correctional Facility and signals from cellular phones. Sufficient fiends are available from other CI items for which expenditures were lower than budget. Division 69 Object 4553 City Channel Radios Budgeted: $250 (CI) Carry -over Request: 445 See the above discussion. One new radio would be purchased. Sufficient funds are available from other CI items for which expenditures were lower than budget. • (RESDEPTS) Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1991 GENERAL FUND BUDGET TO INCREASE APPROPRIATIONS FOR VARIOUS OPERATING DEPARTMENTS AND CARRYING FORWARD CERTAIN APPROPRIATIONS TO THE 1992 BUDGET ------------------------------------------------------------- WHEREAS, Section 7.08 of the City Charter does provide the City Council with the authority to transfer unencumbered appropriation balances from one office, department or agency to another within the same fund; and WHEREAS, Section 7.08 of the City Charter does provide the City Council with the authority to increase a budget appropriation if the actual receipts exceed the estimates, but not to exceed the actual receipts; and WHEREAS, Section 7.08 of the City harter does provide the Y p City Council with the authority to appropriate funds from accumulated surplus in an amount equal to a previous appropriation in the General Fund Budget, if not in fact expended or encumbered for that purpose in the previous fiscal year; and WHEREAS, Section 7.09 of the City Charter does rovide fo r a i Y p contingency appropriation as a part of the General Fund Budget, and further provides that the contingency appropriation may be transferred to any other appropriation by the City Council; and WHEREAS, in the course of carrying out city operations'during 1991, some departments found it necessary to operate at higher levels of activity than was anticipated in the 1991 budget; and WHEREAS, some capital outlays approved in the 1991 budget couldn't be completed due to technical difficulties and the departments are requesting the appropriations be carried forward to the 1992 budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center as follows: 1. To amend the 1991 General Fund Budget for increased activity. _ Increase the estimated revenue for Childrens Recreation by $6,000. Reduce the appropriation of the Contingency Account in the Unallocated Department by $56,600. Increase the appropriations of the following departments: City Council $3,000 Independent Audit 400 Legal Council 8,000 Planning & Inspections 10,000 Vehicle Maintenance 15,000 Weed Control 200 Childrens Recreation 6,000 Community Center 20,000 $62,600 2. To amend the 1991 General Fund Budget for amounts to be carried forward to 1992 as follows: Reduce the estimated revenues of the Transfers from Fund Balance Account by $31,838. Reduce the appropriations of the following departments: Government Buildings $21,840 Street Department 9,748 Parks Maintenance 250 $31,838 3. To amend the 1992 General Fund Budget for amounts to be carried forward from 1991 as follows: Increase the estimated revenues of the Transfers from Fund Balance Account by $31,838. Increase the appropriations of the following departments: Government Buildings $21,840 Street Department 9,748 Parks Maintenance 250 $31,838 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 1/13/92 Agenda Item Number /� REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION AMENDING THE 1992 BUDGET TO PROVIDE FOR PURCHASE OF SIGNS AND CIGARETTE RECEPTACLES DEPT. APPROVAL: Sy Knapp, irector of Public Works r,►) MANAGER'S REVIEW/RECOMAMNDATION: No comments to supplement this report Comments below /attached SUNEVIARY EXPLANATION: (supplemental sheets attached No • The City Council on October 21, 1991 approved implementation of a tobacco -free policy for all city buildings and vehicles as of February 1, 1992. At the time of staff noted that there would be a cost associated with obtaining and placing "No Smoking Or Tobacco Use" signs at City buildings and installing cigarette receptacles where there are now none. This cost has been determined and is as follows: i 14 door decals @ $16 $224.00 (Civic Center, Garage, Fire Stations, Liquor Stores) 15 signs @ $5 (park shelters) 75.00 5 signs @ $7.50 (Constitution Hall lobby and miscellaneous) 37.50 8 wall mount cigarette receptacles @ $36 288.00 (Garage, Fire Stations, Liquor Stores) TOTAL $624.50 General Fund - � $468.50 Municipal Liquor Fund 156.00 RECOMMENDED CITY COUNCIL ACTION A resolution amending the 1992 budget to appropriate $468.50 from the contingency fund to the government buildings division budget, and authorizing expenditure of $156 from the Liquor Fund is provided for Council consideration. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1992 BUDGET TO PROVIDE FOR PURCHASE OF SIGNS AND CIGARETTE RECEPTACLES WHEREAS, the City Council on October 21, 1991 approved implementation of a Tobacco -Free Buildings policy effective February 1, 1992; and WHEREAS, the estimated cost of replacing and adding appropriate signage and installing cigarette receptacles is $624.50: $468.50 for buildings maintained by the General Fund and $156 for the three municipal liquor stores; and WHEREAS, Section 7.09 of the City Charter does provide for a contingency appropriation as a part of the General Fund budget, and further provides that the contingency appropriation may be transferred to any other appropriation by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The 1992 General Fund budget be amended as follows: Increase the Appropriations for the following line items: Government Buildings - No. 19, Object No. 4233 $468.50 Decrease the Appropriations for the Following line items: Unallocated Dept. Expense - No. 80, Object No. 4995 $468.50 2. The sum of $156.00 is hereby appropriated from the Municipal Liquor Fund to provide signage and receptacles for the three municipal liquor stores. 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 hteeLi,g Date JanuarN is. 1992 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION AUTHORIZING PURCHASE OF 20 PAGERS APPROVED IN THE 1992 FIRE DEPARTMENT BUDGET DEPT. APPROVAL: Patricia A. a e, Deputy City Clerk g P Y tY k *K k lk k fk *k *fK 9t *k lK #k *k k K K k C *Hc * * * * * * * * * * * * * * #IK K * * * *K k C #AC 1K tii# MANAGER'S REVIEW/RECONENIENDATION: JAJ j ! fl No comments to supplement this report Comm PP re is below attached P SUNEMLARY EXPLANATION: (supplemental sheets attached ) • An appropriation was approved in the 1992 Fire Department budget for the purchase of 20 pagers. The Fire Chief has informed me there is a contract under the Minnesota Fire Agencies Purchase Consortium for these pagers. The City of Brooklyn Center is a member of this consortium is allowed to purchase under these contracts. The contract for these pagers is held by Motorola. The total cost of the pagers if $9,760 plus shipping. RECOMMENDED CITY COUNCIL ACTION I recommend approval of the attached resolution. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING PURCHASE OF 20 PAGERS APPROVED IN THE 1992 FIRE DEPARTMENT BUDGET WHEREAS, an appropriation was approved in the 1992 fire department budget for the purchase of 20 pagers; and WHEREAS, the Brooklyn Center Fire Department is a member of the Minnesota Fire Agencies Purchasing Consortium; and WHEREAS, under this consortium there is a contract for pagers which the City of Brooklyn Center can purchase from. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the purchase of 20 pagers off of the Minnesota Fire Agencies Purchasing Consortium Contract #BB- 910327, in the amount of $9,760 plus shipping costs is hereby approved. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution as 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. TO: JERRY SPLINTER CITY MANAGER FROM: RON BOMAN FIRE CHIEF SUBJECT: PURCHASE OF MINITOR II PAGERS DATE: JANUARY 8, 1992 1 would like to have put on the council agenda for Monday night January 13, 1992 a resolution to purchase the 20 Pagers in the 1992 budget. These pagers would be purchased from Motorola under the Minnesota fire agencies purchasing consortium bid # BB- 910327, the price is the same as we paid for these units in 1991. 1 am recommending that we purchase these units from motorola at the bid price of $488.00 ea for a total price of $9,760 plus shipping. This price includes Minntor 11 pager, charger /amplifier, carrying case and 5 year part and labor warrantee. Licenses to be approved by the City Council on January 13, 1992: BOWLING ALLEYS Beacon Bowl 6525 Lyndale Ave. N. City Cle FOOD ESTABLISHMENT MN Korean Evangelical UMC 6830 Quail Ave. N. �- Sanitarian GASOLINE SERVICE STATION Davies Water Equipment Co. 4010 Lakebreeze Ave. N. Duke's Amoco 6501 Humboldt Ave. N. Holiday #504 6849 Brooklyn Blvd. Howe Company 4821 Xerxes Ave. N. Humboldt Unocal 76 6840 Humboldt Ave. N. Neil's Total 1505 69th Ave. N. Northern States Power 4501 68th Ave. N. Osseo Brooklyn Bus Company 4435 68th Ave. N. SuperAmerica #4058 1901 57th Ave. N. Total Petroleum 6830 Brooklyn Blvd. _ Bill West's Service Center 2000 57th Ave. N. y� City Cle_ ITINERANT FOOD ESTABLISHMENT Boy Scouts of America Troop 299 4619 64th Ave. N. Brooklyn Center Lions 5312 N. Lilac Drive Orchard Lane Elementary 6201 Noble Ave. N. Sanitarian lak- LODGING ESTABLISHMENT Marc's Budgetel Inn 6415 James Circle Days Inn 1501 Freeway Blvd. Pa C� Holiday Inn 2200 Freeway Blvd. Sanitarian cdz MECHANICAL SYSTEMS Wencl Services, Inc. 5325 W. 74th Street li Building Official OJ4 POOL AND BILLIARDS TABLES CDL 1317 N. Highway 169 Community Center 6301 Shingle Ck. Pkwy. Days Inn 1501 Freeway Blvd. City Cler n 1, PUBLIC DANCE Days Inn 1501 Freeway Blvd. Holiday Inn 2200 Freeway Blvd. City Cler_ RENTAL DWELLINGS Initial. Virginia Keske Y 5329 72nd Circle Renewal: RFCI Properties 6501 Brooklyn Blvd. Akbar Sajady 4207 Lakeside #326 Bertil Anderson 4207 Lakeside #336 Paula Brodin 1600 55th Ave. N. Director of Planning and Inspection TAXICAB Town Taxi 2500 Washington Ave. N. #122 YJ142 ief of Police a, e- TOBACCO RELATED PRODUCT Applebee's 1347 Brookdale Center Country Store 3600 63rd Ave. N. Duoos Bros. American Legion 4307 70th Ave. N. Duke's Amoco 6501 Humboldt Ave. N. F & M Distributors 5951 Earle Brown Drive Gift Shop, Too (Days Inn) 1501 Freeway Blvd. Holiday #504 6849 Brooklyn Blvd. Holiday Inn 2200 Freeway Blvd. Neil's Total 1505 69th Ave. N. Snyder Bros., Inc. 1296 Brookdale Center SuperAmerica #4160 6545 West River Road SuperAmerica #4058 1901 57th Ave. N. T. Wright's 5800 Shingle Ck. Pkwy. Target 6100 Shingle Ck. Pkwy. Total Petroleum 6830 Brooklyn Blvd. City Cler GENERAL APPROVAL: P. Page, Deput Clerk