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1991 07-22 CCP Regular Session
CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER JULY 22, 1991 7 p.m. 1. Call to Order 2. Roll Call 3. Opening Ceremonies 4. Open Forum 5. Council Reports 6. Approval of Agenda and Consent Agenda -All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed form the consent agenda and considered in its normal sequence on the agenda. 7. Approval of Minutes: a. July 8, 1991 - Regular Session *b. July 11, 1991 - Work Session 8. Public Informational Hearing Regarding Design of the 69th Avenue North /Indiana Avenue North Intersection -This a follow -up to previous discussions regarding this matter at the June 24 and July 8 Council meetings. a. Resolution Amending Approved Alignment /Geometric Layout Plan for the Improvement of 69th Avenue at Indiana Avenue North 9. Ordinances: a. An Ordinance Amending Chapter 23 of the City Ordinances Regarding General Licensing Regulations -This item relates to the sales of cigarettes and other tobacco related products. This ordinance is offered for a first reading. b. An Ordinance Amending Chapter 34 of the City Ordinances Regarding the Allowable Size of Space for Lease Real Estate Signs -This item was first considered by the City Council at its July 8, 1991, meeting as part of the consideration of Planning Commission Application No. 91008 submitted by Welsh Companies, Inc. requesting a sign variance for various real estate signs. The City Council tabled consideration of the first reading on an ordinance amendment and directed the staff to prepare various modifications to the ordinance. CITY COUNCIL AGENDA -2- July 22, 1991 C. An Ordinance Fixing Certain Compensation to be Paid to the Elected Officials of the City of Brooklyn Center -This item related to the establishment of per diem pay for the mayor and council members. This ordinance is offered for a first reading. d. An Ordinance Fixing Council Salaries -This item would increase the salaries of the mayor and council members effective January 1, 1993. This ordinance is offered for a first reading. 10. Discussion Items: a. Staff Report Regarding 57th Avenue Drainage Problems b. Staff Report Regarding Drainage Problems in the 63rd Avenue /Indiana Avenue Area 11. Resolutions: a. Accepting Bid and Awarding Contract for Replacement of Sidewalk Sections Along Brooklyn Boulevard, Improvement Project No. 1991 -04, Contract 1991 -E *b. Declaring a Public Nuisance and Ordering the Removal of Diseased Shade Trees (Order No. D.S.T. 07/22/91) *c. Providing for Hearing on Proposed Assessments for Diseased Shade Tree Removal Costs, Public Utility Hookup Charges, Delinquent Public Utility Accounts, and Delinquent Weed Removal Costs d. Amending the 1991 General Fund Budget to Adjust for the Anticipated Second Reduction of Local Government Aids (LGA) -This resolution will reduce the 1991 General Fund Budget by $128,803. This reduction is necessary because of the anticipated reduction of Local Government Aids (LGA) by the State of Minnesota. *e. Authorizing the City Manager to Write -Off Uncollectible Checks -This resolution will authorize the City Manager to write -off checks received primarily by the City's three off -sale liquor stores and returned by the bank because the checking accounts have been closed. f. To Accept a Proposal from DCA, Inc. to Provide Group Cobra Administration Services for Former Employees of the City of Brooklyn Center -The Consolidated Omnibus Budget Reconciliation Act (COBRA) requires the City to maintain records of all former City employees, spouses, and dependents and to notify them of changes in health and life insurance CITY COUNCIL AGENDA -3- July 22, 1991 coverages. DCA has submitted a proposal to maintain such records and make the proper notifications for the City. *g. Authorizing Mayor and City Manager to Execute Sub - Recipient Agreement with Hennepin County for the Urban Hennepin County Community Development Block Grant Program -This resolution authorizes the agreement between the City and Hennepin County for the City's Year XVII CDBG Program. *12. Licenses 13. Adjournment I CORRECTED COPY 9. Trail location -- gentle curves within construction lines, at least 8 feet from road in the area of Palmer Drive and 10 feet for the remaining area. 10. Palmer Lake - -it was noted there was little latitude in the area due to wetland restrictions and federal requirements. The Council concurred with a marked crosswalk at Palmer Lake Drive. They referred traffic concerns to advisory committee. 11. Overall roadway - -as outlined in the proposal. There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar directing staff to draft a resolution incorporating Council consensus remarks to be considered at the July 8, 1991, Council meeting. The motion passed unanimously. The public informational hearing was informally closed at 10:25 p.m. RECESS The Brooklyn Center City Council recessed at 10:25 p.m. and reconvened at 10:32 p.m. PRESENTATION ANNUAL AUDITED FINANCIAL REPORT The Finance Director introduced Charlie Hansen, Assistant Finance Director, Clifford Hoffman and Barbara Diekmann, of the City's independent audit firm, Deloitte & To who were present to review the 1990 audit. It was noted that last year's annual financial report received the Government Finance Officer's Association of the United States and Canada's "Certificate of Achievement for Excellence in Financial Reporting" and that staff expected this year's report will also receive the certificate. Mr. Hoffman stated the firm worked for the City Council, not for City management. He thanked the City staff for their cooperation and unlimited access to information during the audit. He gave the City high marls for its financial affairs. Mr. Hoffman noted the City had a number of strengths in the area of financial planning. He felt strongly that communities should not pass costs of today's services to tomorrow's taxpayers, and reported the City had not done this. He indicated all of the City's investment risks were in Category 1, which was a favorable sign. Also, the net debt per capita was $15, which compared with a national average of $500. Bob Thistle, of Springsted, Inc. discussed the relationship between bond rating and interest rates and stated the City was in an enviable position in this. He noted the audit offered tips on good management practices. 6/24/91 .9- Ms. Diekmann summarized the report and noted the City had an excellent record of following the audit firm's advice. Two cases of bid law violations in 1989, for example, had not been repeated. Mr. Hoffman reported the City had good, consistent management. He cautioned the City to keep an eye on their enterprise funds, but felt the financial outlook overall was very good. The Council thanked the audit firm for their presentation and commended the finance department for their work. Councilmember Cohen commented the audit presented good information for the Budget Task Force. DISCUSSION ITEMS STATUS REPORT REGARDING PROJECT DEVELOPMENT PLAN AND COST ESTIMATE FOR 69TH AVENUE IMPROVEMENTS As the 69th Avenue improvements had been previously discussed under item 8, during the public informational hearing on this project, the Director of Public Works did not further review the matter, but offered to answer any Council questions. RESOLUTION NO. 91 -160 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION AMENDING ESTIMATE OF PROJECT COSTS AND FUND SOURCES FOR RECONSTRUCTION OF 69TH AVENUE NORTH FROM BROOKLYN BOULEVARD TO SHINGLE CREEK PARKWAY, IMPROVEMENT PROJECT NO. 1990 -10 The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. RESOLUTION NO. 91 -161 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR 69TH AVENUE SOIL CORRECTIONS (CONSTRUCTION PHASE I, IMPROVEMENT PROJECT NO. 1990 -10, CONTRACT 1991 -I) The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. 6/24/91 - 10- MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JULY 8, 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 :05 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Celia Scott, Dave Rosene, and Philip Cohen. Councilmember Jerry Pedlar was absent. Also present were City Manager Gerald Splinter, Finance Director Paul Holmlund, Director of Planning and Inspection Ron Warren, City Attorney Charlie LeFevere, Public Works Coordinator Diane Spector, and Council Secretary Carla Wirth. OPENING CEREMONIES The invocation was observed with a moment of silence. 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. Dave Grass, 6919 Halifax Avenue, expressed his concern with the traffic situation which would result if 69th Avenue was widened. He submitted a traffic count conducted by area residents of weekend traffic entering and exiting St. Alphonsus Church. Mr. Grass pointed out that about three - fourths of cars using Indiana Avenue turn right. Halifax Avenue residents felt it would be unfair to cul -de -sac or close Indiana Avenue and requested Indiana Avenue remain open to 69th Avenue with a closed median to allow right turns onto 69th Avenue. Mayor Paulson thanked Mr. Grass for the survey. The City Manager pointed out that this matter would be discussed further as agenda item 12c. No one else wished to address the Council, and Mayor Paulson continued with the regular agenda items. 7/8/91 _ 1 _ COUNCIL REPORTS Councilmember Rosene reported on a meeting held with the Brooklyn Center Historical Society regarding their interest in the house and garage at 4014 -69th Avenue North which was the second oldest house in Brooklyn Center (built in 1880). The Historical Society was requesting the opportunity to look into moving this house to property adjacent to the Earle Brown Farm Heritage Center. This matter would be discussed further as Agenda Item 12c. Councilmember Rosene informed the Council about the Maple Grove "Pierre Bottineau" community parade. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmembers requested any items be removed from the consent agenda. None were removed. APPROVAL OF MINUTES JUNE 24 1991 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve the minutes of June 24, 1991, regular session. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 91 -166 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1991 GENERAL FUND BUDGET AND AWARDING CONTRACT FOR ALGAE TREATMENT The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. RESOLUTION NO. 91 -167 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF JOHN VOGEL The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. 7/8/91 -2- RESOLUTION NO. 91 -168 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL. AND AWARDING CONTRACT FOR PARKING LOT LIGHTING SYSTEM 1 IMPROVEMENTS AT CIVIC CENTER, IMPROVEMENT PROJECT NO 1991 -18 The motion for the adoption of the forego4bg resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. RESOLUTION NO. 91 -169 Member Celia Scott introduced the foilowizrg resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT, APPROVING PLANS - AND SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR BIDS FOR REPLACEMENT OF SIDEWALKS ON BROOKLYN BOULEVARD, IMPROVEMENT PROJECT NO. 1991 -04 CONTRACT 199 The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. RESOLUTION NO. 91 -170 Member Celia Scott introduced the followl#ig resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT, ACCEPTING PROPOSAL AND AWARDING CONTRACT FOR SANITARY SEWER REPAIR ON WOODBINE LANE AT CAMDEN AVENUE NORTH, IMPROVEMENT PROJECT NO. 1991 -12A The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. RESOLUTION NO. 91 -171 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT, ACCEPTING PROPOSAL AND AWARDING CONTRACT FOR SANITARY SEWER REPAIR ON 5TH STREET NORTH, IMPROVEMENT PROJECT NO. 1991 -12B The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. 7/8/91 - 3 - RESOLUTION NO. 91 -172 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT, ACCEPTING PROPOSAL AND AWARDING CONTRACT FOR TELEVISION INSPECTION OF SANITARY SEWERS, IMPROVEMENT PROJECT NO. 1991 -08 The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. RESOLUTION NO. 91 -173 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING CONTRACT WITH THE UNIVERSITY OF MINNESOTA FOR CANADA GOOSE POPULATION MANAGEMENT The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. RESOLUTION NO. 91 -174 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED SHADE TREES (ORDER NO. DST 07/08/91) The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. PERFORMANCE GUARANTEE RELEASE JOHNSON CONTROLS, INC There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve release of the performance guarantee for Johnson Controls, Inc., 1801 67th Avenue North. The motion passed unanimously. HOFFMANN ENGINEERING There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve release of the performance guarantee for Hoffmann Engineering, 6530 James Avenue North. The motion passed unanimously. 7/8/91 -4- CONSIDERATION OF SPECIFIED LICENSE There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve a three -day On -Sale Intoxicating Liquor License for St. Alphonsus Catholic Church for July 26, 27, and 28, 1991. The motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve the following list of licenses: AMUSEMENT DEVICE - OPERATOR Beacon Bowl 6525 Lyndale Ave. N. Earle Brown Bowl 6445 James Circle N. K -Mart 5930 Earle Brown Drive Scoreboard Pizza 6816 Humboldt Ave. N. AMUSEMENT DEVICE - VEN C.D.L. Co. 1317 N. Highway 169 Mark John Haider 3630 Admiral Lane GARBAGE AND REFUSE COL LECTION Darling & Co. /Gordon Rendering P.O. Box 12785 Mengelkoch Company 119 NE 14th Street Midwest Grease Buyers, Inc. P.O. Box 26 T & L Sanitation 8201 Logan Ave. N. Walz Bros. Sanitation, Inc. P.O. Box 627 ITINERANT FOOD ESTABLISHMENT Market Source Brookdale Center Metz Baking Company 4215 69th Ave. N. MECHANICAL SYSTEMS NewMech Companies, Inc. 1633 Eustis Street NONPERISHABLE VENDING MACHINES Minnesota Vikings Food Service 5200 West 74th Street Zubaz 6707 Shingle Ck Pkwy PERISHABLE VENDING MACHINES Minnesota Vikings Food Service 5200 West 74th Street Zubaz 6707 Shingle Ck Pkwy 7 II9 -5- RENTAL DWELLINGS Initial: Timothy and Mary Hofstad 4201 Lakeside Ave. N. #203 Michael/Rosella /Joseph Korman 5321 Morgan Ave. N. Renewal: Irvin and Ruth Schloff 4819 Azelia Ave. N. Saw- Mchone Tebedge 5511 Emerson Ave. N. Amos Levang 4816 Lakeview Ave. N. LeRay and Keith Mortensen 4110 Lakebreeze Ave. N. Michael and Jane Danielson 4216 Lakebreeze Ave. N. John and Elizabeth Hass 4201 Lakeside Ave. N. #306 Gary and Nancy Clark 4207 Lakeside Ave. N. #239 Robert Baltuff 5930 Xerxes Ave. N. Outreach Group Homes, Inc. 507 69th Ave. N. The motion passed unanimously. PRESENTATION TWIN LAKE WATER SKI ASSO CIATION Richard Griffs, representing the Upper Twin Lakes Ski Club, stated they appreciated the City's past support and requested permission to keep the ski jump on Upper Twin Lake again this year. He informed the Council that the Upper Twin Lakes Ski Club membership included a Minnesota State Jump Champion and a Junior National Champion. Mayor Paulson thanked Mr. Griffs. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 91008 SUBMITTED BY WELSH COMPANIES. INC. RE UESTING APPROVAL OF A SIGN VARIANCE FOR THREE FREESTANDING REAL ESTATE SIGNS AT 2700 FREEEN'VAY BOULEVARD 6601 SHINGLE CREEK DRIVE PARKWAY AND 5951 EARLS BROWN The City Manager reviewed the staff report on this item, noting the PIanning Commission recommended denial of the variance request on the grounds that the standards for a sign ordinance variance were not met. The Planning Commission recommended approval of an ordinance amendment which would modify the current sign regulations for space for lease signs. The Director of Planning and Inspection presented details of the Planning Commission's recommendation. He then reviewed the existing ordinance requirements and the difficulty involved with enforcement due to the complex formula for determining the size of signs based on the size of a building wall and its distance from the public right -of -way. 7/8/91 -6- Currently, g $ free standing signs were not allowed. The recommended ordinance amendment established 32 square h allowed q feet as the maximum size for these signs and owed either a wall or freestanding sign per street frontage. The proposed amendment would also prohibit signs on commercial vehicles which were parked at a commercial premises and used as static display for a business, product or service. Councilmember Rosene questioned setback and height restrictions. The Director of Planning and Inspection responded that currently there was no setback requirement except that the sign be located on private property and not on boulevard or right -of -way area. A height limit could be included, but he did not feel it would be an issue since wall signs could only be as high as the building. The proposed amendment would allow a freestanding sign in lieu of a wall sign. Councilmember Cohen suggested a time limit be set for signs. The Director of Planning and Inspection pointed out that lease signs were usually considered temporary since they were only needed when a vacancy occurred. Councilmember Cohen expressed concern about the proposed ordinance amendment resulting in a high number of signs since buildings had at least one vacancy most of the time. j Councilmember Scott agreed the existing sign ordinance was difficult to enforce. She asked if the ordinance provided for replacement /repair of deteriorating signs. The Director of Planning and Inspection stated he was not aware that this was a problem. Currently property owners were notified about a violation and given 30 days to correct the situation. With regard to Planning Commission Application No. 91008, the Director of Planning and Inspection explained that Welsh Companies, Inc. had requested approval of a sign variance for three freestanding real estate signs at 2700 Freeway Boulevard, 6601 Shingle Creek Parkway and 5951 Earle Brown Drive. These signs were all 4 feet by 8 feet which exceeded the limits allowed for real estate signs. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to deny Planning Commission Application No. 91008, sign variance submitted by Welsh Companies, Inc., based on the rationale that the standards for a variance were not met. The motion passed unanimously. ORDINANCE AN ORDINANCE AMENDING CHAPTER 34 OF THE CITY ORDINANCES REGARDING THE ALLOWABLE SIZE OF SPACE FOR LEASE REAL ESTATE SIGNS Councilmember Scott suggested a percentage of vacancies be established rather than allowing freestanding signs to remain indefinitely. 7/8/91 -7- s CounciImember Rosene expressed support of the business community's need to advertise vacancies. He sug staff not rigidly dl enforce the ordinance with these signs u ntil a � Y g determination was made on the ordinance amendment. Councilmember Rosene agreed the ordinance should be written to mitigate a profusion of these signs in Brooklyn Center. Jeff Hegg, Senior Property Manager of Welsh Companies, Inc., informed the Council that four of the buildings they manage in Brooklyn Center were fully occupied and not in need of signage. He indicated that boulevard signs for industrial properties were critical since prospective tenants drove through areas they wanted to be located in to see what was available. Over twenty percent of lease space was sold this way. Mr. Hegg agreed that wall signs blended in well, which was not as helpful in attractin g new tenants. He agreed with Mayor Paulson 's comment that too many open space /vacancy signs in a particular area would result in a detrimental effect. The Director of Planning and Inspection reviewed the ordinance provision for signs announcing a project which were allowed for a period of two years or 80% occupancy. Kent Warden, Executive Director of the Building Owners and Managers Association, stated he sup staff's recommendation since it was s easier to enforce and was as a fair compromise. Mr. Warden explained the leasing market was extremely difficult at this time as well as more competitive with areas in adjacent cities. He felt this condition would prevail for up to five years. Since freestanding signs have become the norm in advertising, restricting them would place Brooklyn Center properties at a disadvantage. He informed W the Council that their signs were installed by professional sign companies and were well maintained. In response to Councilmember Cohen's question, Mr. Warden indicated removal of a sign after 80% occupancy would have a devastating effect because the best prospecting was done in selling the last 20 %. Councilmember Rosene stated he supported setback requirements since it would help mitigate additional signs which could detract from the community. The Director of Planning and Inspection explained g that most parking lots were located in the front of a commercial building. Some office buildings had a thirty -five foot green strip, but usually there was only a fifteen foot green strip from the edge of the property line to the parking lot. Because of this, it would be difficult to locate a sign further back without having it inside the parking lot. Councilmember Rosene indicated he would support regulations to keep the sign in ro ortio p p n with the building (larger buildings could support a larger sign, etc.). 7/8/91 -8- 8 Councilmember Cohen stated he felt the ordinance needed to contain a triggering device for gn City Y supported emoval of a sip. The Ci Attorne including the statement that the signs si were temporary ora in nature and that in a specific leng th of time the gn must be removed. Councilmember Cohen also supported including an expiration on the ordinance so Council had the opportunity g o leasing economics to determine whether the ordinance PP tY f reviewing was still needed. Councilmember Scott expressed concern that passage of the ordinance would result in a proliferation of signs. While larger commercial sites could support this type of sign, she felt aesthetics of smaller apartment and townhouse sites would be diminished. This was also a concern because townhouses were scattered throughout residential areas. The City Manager suggested, and Council agreed, that staff should work with the applicant to address the Council's concerns regarding length of time the sign was allowed, maintenance, occupancy percentage, proliferation, proportional sizing, setbacks, height, aesthetics and blocking visibility. Councilmember Cohen asked that they also research establishing an ordinance expiration date in several years so the matter could be reviewed. The City Manager indicated staff would continue a moratorium on sign ordinance enforcement until a decision was made. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to table consideration of an Ordinance Amending Chapter 34 of the City Ordinances Regarding the Allowable Size of Space for Lease Real Estate Signs to allow time for further staff research and recommendations. The motion passed unanimously. PLANNING COMMISSION APPLICATION NO. 90013 SUBMITTED BY PETER HOUSER RE UESTING PRELIMINARY REGISTERED LAND SURVEY APPROVAL TO SUBDIVIDE INTO TWO TRACTS THE LAND OCCUPIED BY CARSON'S AND THE MIDAS MUFFLER SHOP AND THE PARKING IN BETWEEN AT BROOKDALE The City Manager briefly reviewed the staff report on this item. The Director of Planning and Inspection presented details of the Planning Commission's recommendation for approval of the proposed preliminary registered land survey subject to three conditions. He pointed out that Tract A would be 1.22 acres, include the Midas shop and 71 parking stalls. Since City Code requires 45 stalls he expressed concern that providing additional parking spaces may imply the ability to expand. Staff had indicated to the petitioner that future expansion was not implied unless Brookdale Shopping Center expanded as a whole since their current parking area was deficient. In response to Councilmember Rosene's question, the Director of Planning and Inspection stated he spoke with the Brookdale Shopping Center management about the possibility 7/8/91 -9- This would probably necessitate d need to add parking as well. Thi of their expanding an the ne p g P Y a parking ramp or tiered parking configuration. Currently Brookdale has not submitted any plans. The applicant indicated he had nothing to add. There was a motion by Councilmember Scott and seconded by Councilmember Cohen to approve the R.L.S. requested in Planning Commission Application No. 90013 submitted by Peter Houser subject to the following conditions: 1. The final R.L.S. is subject to review and approval by the City Engineer. 2. The final R.L.S. is subject to the provisions of Chapter 15 of the City Ordinance. 3. No separate development rights accrue to either parcel apart from the collective development rights of the Brookdale Shopping Center. The property owners were referred to the Brookdale owners association for settlement of the apportionment of development rights within the complex. The motion passed unanimously. ORDINANCES The City Manager noted a public hearing was required for the second reading of an Ordinance Vacating a Water Main Easement in Twin View Meadows. The City Manager briefly explained that the City obtained a water main easement across a portion of Section 10, T.118N, R.21W., then owned by Tri -State Land Company. This property was recently purchased by Rick Hartmann and replatted as Twin View Meadows. A portion of the watermain was relocated as part of the subdivision in order to accommodate a new lot. The relocated watermain was contained in an easement which was dedicated via the new 1? q P g lat. Mr. Hartmann had requested vacation of the portion of existing watermain easement which was within the plat of Twin View Meadows. Mayor Paulson opened the meeting for the purpose of a public hearing on an Ordinance Vacating a Water Main Easement in Twin View Meadows at 8:07 p.m. He inquired if there was anyone present who wished to address the Council. No one appeared to speak, and he entertained a motion to close the public hearing. There was a motion by Mayor Paulson and seconded by Councilmember Rosene to close the public hearing at 8:07 p.m. The motion passed unanimously. ORDINANCE NO. 91 -09 Member Philip Cohen introduced the following ordinance and moved its adoption: 7/8!91 - 10- AN ORDINANCE VACATING THE WATER MAIN EASEMENT IN TWIN VIEW MEADOWS The motion for the adoption of the foregoing ordinance was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager noted a public hearing was required for the second reading of an Ordinance Amending Chapter 19 of the City Ordinances Regarding Public Nuisances. The City Manager pointed out this matter was tabled on May 13, 1991, until the June 10, 1991, Council meeting, at which time Council approved first reading after hearing comments from the associate principal at Brooklyn Center High School. Mayor Paulson opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 19 of the City Ordinances Regarding Public Nuisances at 8:08 p.m. He inquired if there was anyone present who wished to address the Council. No one appeared to speak, and he entertained a motion to close the public hearing. There was a motion by Councilmember Cohen and seconded by Councilmember Rosene to close the public hearing at 8 :08 p.m. The motion passed unanimously. ORDINANCE NO. 91 -10 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES REGARDING PUBLIC NUISANCES The motion for the adoption of the foregoing ordinance was duly seconded by member David Rosene, and the motion passed unanimously. The City Manager noted a public hearing was required for the second reading of an Ordinance Amending Chapter 35 of the City Ordinances to Allow a Lesser Buffer Where an Industrial Use Abuts an Institutional Use. He explained that consideration of this amendment resulted from a request by Sunlite Properties to have a 15 foot buffer strip between a parking lot at 1601 67th Avenue North and the site of the Berean Evangelical Free Church at 6625 Humboldt Avenue North. This application was denied; however, the Planning Commission believed there was merit in the proposal and recommended the Council consider an ordinance amendment to allow parking in the buffer strip where an I -1 or I -2 use abuts an institutional use such as a church or school in an R1, R2 or R3 zoning district provided that it does not extend to within 15 feet of the property line. The Council concurred with this recommendation and approved first reading of the ordinance amendment on June 10, 1991. 7!8/91 - 11 i Mayor Paulson opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 of the City Ordinances to Allow a Lesser Buffer Where an Industrial Use Abuts an Institutional Use at 8:09 p.m. He inquired if there was anyone present who wished to address the Council. No one appeared to speak, and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Cohen to close the public hearing at 8:09 p.m. The motion passed unanimously. ORDINANCE NO. 91 -11 Member Philip Cohen introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES TO ALL OW A LESSER BUFFER LES E B F WHERE AN INDUSTRIAL USE ABUTS AN INSTITUTIONAL USE The motion for the adoption of the foregoing ordinance was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager noted a public hearing was required for the second reading of an Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Hamm's Second Addition). Since the plat had not yet been filed and the necessary legal descriptions established, staff recommended the Council table this amendment until the plat has been filed. The City Manager explained this matter was considered a housekeeping type of zoning ordinance amendment needed for a ro er description of the land rezoned. The adoption of this ordinance amendment was P P P P dependent on the filing of the plat which would transfer the 30 foot by 100 foot strip of land from 6501 Brooklyn Boulevard to 4010 65th Avenue North. Mayor Paulson opened the meeting for the purpose of a public hearing on an Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Hamm's Second Addition) at 8:10 p.m. He inquired if there was anyone present who wished to address the Council. No one appeared to speak, and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to close the public hearing at 8:10 p.m. The motion passed unanimously. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to table further consideration of an Ordinance Amending Chapter 35 of the City Ordinances Regarding ' the Zoning Classification of Certain Land (Hamm's Second Addition) until the plat was filed. The motion passed unanimously. 7/8/91 - 12- The City Manger resented a Ordinance Easements in Olson's Island V' n Hance Vacatin E em w ie tY g P g Terrace. He explained that Howard Atkins was replatting Olson's Island View Terrace as E & H Properties Addition. Because of this, he had requested the vacation of the drainage and utility easements along the existing lot lines of Olson's Island View Terrace and would dedicate similar easements adjacent to replatted lot lines. All utility companies would be notified prior to second reading. There was a motion by Councilmember Rosene and seconded by Councilmember Cohen to approve for first reading An Ordinance Vacating Easements in Olson's Island View Terrace and setting a public hearing date of August 12, 1991, at 7.15 p.m. The motion passed unanimously. Mayor Paulson suggested that agenda items 11c and 11d be discussed at this time since people were in attendance for them. The Council concurred. DISCUSSION ITEMS PROPOSED OFFICE BUILDING AT NORTH LYN APARTMENTS SITE The City Manager explained that Chazin Properties, owner of North Lyn Apartments, had requested Council consideration of a proposal to subdivide a .7 acre parcel of the North Lyn Apartments to create a parcel capable of an office development. He pointed out that currently the entire 6.3 acre parcel was needed to support the 102 apartments on the site, so this request would result in increasing the density requirement of apartments. David Sellergren, attorney representing Chazin Properties, Inc., reviewed the location of the 102 unit North Lyn Apartments and adjacent uses. Chazin Properties would like to split off the .7 acre vacant nonfunctional parcel for infill development. The proposed 9,300 square foot office budding would provide 50 jobs and $35,000 to $50,000 in property taxes. He presented a color rendition of the proposed building. Mr. Sellergren submitted to the Council proposed language for an ordinance amendment. He explained that they did not want to consider an office building as a nonconforming use due to repair and financing restrictions. He agreed with staff that it would be difficult to meet required variance criteria. Councilmember Cohen questioned the proposed office use since Welsh Companies, Inc. had indicated a high vacancy rate existed. Allen Chazin, Chazin Properties, responded that they were considering a professional medical building and clinic similar to one located at Valleyview Road and Highway 18. Mayor Paulson pointed out this proposal might establish a precedence that affected the Garden City Court Apartments. The Director of Planning and Inspection agreed and clarified that the "open space" being referred to was the Brooklyn Center High School, not a City park. In the event the school consolidated, this property might be considered for a different type of zoning and use. 7/8/91 - 13 - In response to Mayor Paulson's question, the City Attorney explained that while the property appeared 'vacant" it was actually a fully developed R5 site and all the square footage had been used to justify the North L Apartment's density. The area in question g J fY Lyn P ty q could av h e been used for arkin or of e p g her amenities. He added that a variance was not appropriate because the shape of the lot did not create a hardship. The Planning Commission considered the possibility of a PUD, but the proposal was not an integrated unified development as handled via a PUD. The City Attorney pointed out the petitioner's proposed language for an ordinance amendment to be drafted only for this particular site. The proposal would result in increasing the density from 16 to 18.2 units per acre. Therefore, the Council would need to determine if the existing density requirement was too restrictive and should be increased. Another option was to create a new zoning district which allowed a higher density, but this option would then be open to other apartment owners as well. Councilmember Cohen stated he appreciated Chazin Properties wanting to maximize their property, but he still supported the density requirement established when the Comprehensive Plan was adopted 23 years ago. He felt the proposed language would affect the integrity of the ordinance and result in requests from other apartment owners hoping to benefit from increased density. Councilmember Scott concurred and suggested Chazin Properties develop this parcel for the tenant's use as originally proposed. Councilmember Rosene added his agreement and expressed concern with the apartment dweller's quality of life which would be adveresly affected if this property were developed as proposed. Councilmember Rosene pointed out that apartment tenants rarely spoke out about these issues, but he felt they had a right to a certain quality of life and space so he would be opposed to establishing a precedence which increased density or reduced open space. Mayor Paulson stated he would like to see this property used in some way rather than leaving it in its current unattractive state. Councilmember Rosene suggested Chazin Properties be asked to develop the land for the benefit of the tenants by providing recreational uses as originally intended in the Zoning Ordinance. Councilmember Cohen stated he felt the Council should respond to the applicant's request and suggested the City Attorney establish a written legal opinion outlining the Council's concerns about the proposal triggering increased density. Councilmember Cohen also suggested staff review past files to help the Council understand the rationale used in establishing zoning districts and density requirements when the Comprehensive Plan was adopted. 7/8/91 - 14- Mayor Paulson asked staff to also research other possible uses for this parcel. The City Manager explained that this had already been researched, and there were no other uses unless the Council wanted to amend the zoning ordinance to increase density, The City Attorney informed the Council that staff did tally with the applicant about the possibility of expanding the property to include another parcel and develop a PUD to allow some additional use of the property. Another option was for the Council to consider creating a new zoning district for higher density and then rezone this property. This would not necessitate rezoning every property but would result in some ramifications. Councilmember Scott stated she felt the simplest solution was for Chazin Properties to develop the property for recreational use as it should have been when the apartments were built. She suggested they sod or seed the area, plant shrubs, etc. so tenants could make use of the land, which would also increase the rental appeal of the project. er e e understood the Council's concerns and need to adhere to densit Mr. Sell gr n stated h unders o Cou n standards established in the Comprehensive Plan. He agreed that the net result of his proposal would increase density to 18.2 units per acre. Councilmember Rosene restated that he felt development of this parcel as being proposed would be a burden to the tenants, and he would support it only if restrictions could be developed to allow a portion of the profits to be used by the tenants in some manner such as a Tenant's Union. There was a motion by Councilmember Cohen and seconded by Councilmember Rosene to table further consideration of a proposed office building at North Lyn Apartments site, directing the City Attorney to address density issues, and directing staff to prepare a resolution of statement based on past consideration, legal opinion, and Council's concerns for disposition at the next meeting. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 9:03 p.m. and reconvened at 9:16 p.m. JUVENILE WOKTNg_AND TOBACCO USE CONTROL ORDINANCES The City Manager presented to the Council a draft ordinance for discussion regarding measures to reduce juvenile cigarette and tobacco use. He provided an explanation of the areas the draft ordinance would modify, including the penalty section for licensees violating the ordinance, prohibiting self -serve sales of tobacco and cigarette machines, and limiting the sale of tobacco products by clerks who were 18 years and older. The City Manager informed the Council that the Grocer's .Association has requested notification of any changes to the City's regulations. 718/91 - 15 - Dave Johnson, Association of Nonsmokers, Minnesota, expressed support of the draft ordinance. He felt the sale of cigarettes and tobacco products was a dangerous situation, especially when involving minors. Mr. Johnson distributed pamphlets to the Council containing study information regarding the problem of shoplifting tobacco products. This study recommended all tobacco products be kept behind sales counters. In response to Mayor Paulson's question, Mr. Johnson reviewed sales statistics showing an increase in vending machine usage after their location was restricted. Mr. Johnson indicated he would supply a copy of this data to the Council. With regard to educational grant monies, Mr. Johnson explained that ANSWER had received a grant to provide training and information to educate merchants on how to prevent shoplifting and selling to minors as well as the consequences juveniles suffer from long -term tobacco use. Mr. Johnson then reviewed the penalty provisions of the State law, noting that ANSWER favored civil rather than criminal penalties. Mayor Paulson stated he favored this program since it would place Brooklyn Center in the forefront of protecting minors and fit in well with the DARE Program. (3S1 S aun ' ber Sco agreed the courts might refer license revocation to im posin g zinc. C c�lmem Sco gr g p p g or sentencing. She suggested the revocation section be clarified to indicate the number of days. The City Manager explained the difficulty involved with including this type of restriction since it limited the Council's flexibility to handle someone who consistently violated the ordinance. Councilmember Cohen questioned the need to provide an appeal or hearing process and whether this would be handled administratively or through the Council. The Personnel Coordinator reviewed Section 104.044, License Revocation, of the draft ordinance. The City Attorney clarified that violators would have the right to a hearing. The draft ordinance established a mandatory five -day license suspension which could he handled administratively as long as an appeal process was available. Councilmember Cohen suggested the cigarette license fee be increased to cover additional administrative costs. The Personnel Coordinator informed the Council that merchants have contracts with cigarette companies to display their products outside of the counter area. Federal law states you cannot impede a company from advertising their product. Councilmember Cohen suggested this be taken into consideration by increasing the penalty for violation. Mr. Johnson agreed that tobacco companies have used this Federal preemption against proficiency of advertising in the past, but he felt it was a "stretch" to say their advertising was impeded by restricting the location of single packs to behind- the - counter. 7/8/91 - 16. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to direct staff to prepare an ordinance with the three areas proposed by staff as well as increased cigarette license fees to cover administrative costs, adding all tobacco products to the definition section and notification of the Grocer's Association. The motion passed unanimously. BUSINESS ETHT_CS P—OLUCY The City Manager presented the Business Ethics Policy for discussion, noting the two sections that were amended. There was a motion by Councilmember Cohen and seconded by Councilmember Rosene to approve the amended Business Ethics Policy. The motion passed unanimously. REFORESTATION OPPORTUNITIES The Public Works Coordinator reviewed the proposed 1991 program for reforestation of private property. She proposed a "voucher" program ($3,000 of the $6,000 budgeted in 1991 for reforestation on public property) be utilized for subsidizing planting on private property. This proposal would provide 60 vouchers each worth $50. The City would reach an agreement with two to three nurseries to provide a discount to residents, which would limit the administrative burden. In response to Mayor Paulson's question she further explained the budget source. The Public Works Coordinator noted staff would like to suggest the variety of tree with the resident determining the location. A staff survey determined 110 trees were lost last year. The proposed 1991 Reforestation Program would replace about one -half of them. The City Manager suggested these residents be notified of the program. Names of 60 interested residents would then be "drawn." Councilmember Cohen asked whether trees could be purchased at the City's discount price. The City Manager explained this would be difficult to administer and it was not possible to guarantee that a certain number of trees would be purchased. It was noted the City would remove trees from private property for placement in City parks. In response to Councilmember Scott's question, the Public Works Coordinator suggested the City issue vouchers that contain an expiration date. If the voucher became void it would be reissued to a different resident. She noted the nursery would then hill the City for any vouchers used. RESOLUTION NO, 91 -175 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING A 1991 REFORESTATION PROGRAM 0 7/8/91 - 17 The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. The Public Works Coordinator reviewed the SBA Grant Program, applications of which must be submitted to the State by July 10, 1991. The State would then notify communities of grant status by August 31, 1991. Grants were required to be matched by the communities. Another requirement was designation as a Tree City USA. The SBA hoped to encourage and develop the capacity of small business concerns. The Public Works Coordinator then provided an in -depth review of the program design, noting that plantings would be done in one or two parks for ease of maintenance and to maximize impact. Councilmember Scott pointed out this would also aid security to protect the trees from vandalism. The Public Works Coordinator stated all residents who lost a boulevard tree in 1990 or 1991 would be invited to participate. About 90 trees could be planted if residents were asked to contribute one -half of the tree cost. Councilmember Scott suggested staff provide residents with a list of suggestions including the need to locate utility lines before digging. She added that she disliked boulevard trees located under utility lines since they become unattractive due to excessive trimming. The Public Works Coordinator explained that to meet grant requirements, Brooklyn Center would need to be designated as a Tree City USA. A tree ordinance must also be adopted which designates the tree board or department responsible for trees on public property, delineate responsibilities for public trees, and recommend species for boulevard plantings. Councilmember Scott asked if more than an eight -foot setback was necessary for tree boulevards so visibility was not restricted, The City Manager suggested this requirement be reviewed once the ordinance was drafted. The Public Works Coordinator indicated she would research setbacks in other communities. The Public Works Coordinator them reviewed the Community Forestry Program of $2 or more per capita and the requirement of Arbor Day observance. The Global ReLeaf Program, which supplied educational and organizational materials, was then briefly discussed. Councilmember Cohen commented that adoption of this program would result in budgetary commitments. The City Manager explained the commitment would be about one -half last year's level. Mayor Paulson stated the proposed Reforestation Program would preserve home values, provide shade and save energy. He added that it allowed the Council to act locally to counter global issues including reforestation. The City Manager indicated that Global 718/91 ReLeaf addressed this issue, and their educational materials could be included in the City's newsletter and forwarded to the schools. Councilmember Cohen thanked staff for their work on this matter and stated he hoped the program would stimulate community groups to become involved. There was a motion by Councilmember Scott and seconded by Councilmember Cohen authorizing the City to pay for one -half of the cost of boulevard trees. The motion passed unanimously. RESOLUTION NO. 91 -176 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING SUBMISSION OF A REFORESTATION GRANT PROPOSAL, PURSUIT OF DESIGNATION AS A TREE CITY USA, ENROLLMENT AS A GLOBAL RELEAF COOPERATOR AND DECLARING AN ARBOR DAY OBSERVANCE The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. RESOL IONS (,CONTINUED The City Manager explained the proposed resolution complies with Council consensus reached after the June 24, 1991, public informational hearing, He reviewed the Administrative Traffic Committee's (ATC) comments on the "consensus plan." Councilmember Scott expressed concern regarding the large amount of Sunday traffic and the possibility of resulting gridlock. A discussion was held regarding St. Alphonsus Church traffic. The City Manager estimated five Police officers would be needed to manually direct traffic in this neighborhood. Councilmember Rosene supported Alternative 3 as well as a three way stop sign at 70th and Halifax Avenues, and perhaps at Indiana and 70th Avenues, and June and 70th Avenues. With regard to a sharper "fish hook" configuration, the City Manager explained that a sharper angle resulted in poor visibility. Councilmember Scott stated she understood resident's concerns and also supported Alternative 3. Mayor Paulson commented that traffic congestion was only a problem for about 45 minutes each week, and a lot of money was being spent to develop a parkway. He suggested traffic be temporarily blocked off at June and Indiana Avenues to determine the result before permanent construction took place. 718/91 - 19. Councilmember Scott ointed out the additional expense of having to hire five Police p p � officers every Sunday to direct traffic. She felt this would result in an added expenditure for Brooklyn Center. Councilmember Cohen stated that a consensus was arrived at after holding public informational meetings, but he would have no problem reconsidering since additional information has been brought forward and needed to be considered. However, he felt residents of Indiana Avenue should be so informed. The City Manager indicated these residents could be notified that the matter would be reviewed at a subsequent meeting. RESOLUTION NO. 1 - 177 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING ALIGNMENT /GEOMETRIC LAYOUT PLAN FOR THE IMPROVEMENT OF 69TH AVENUE NORTH BETWEEN BROOKLYN BOULEVARD AND SHINGLE CREEK PARKWAY, IMPROVEMENT PROJECT NO. 1990 -10 The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. The City Manager requested clarification of the improvement project so the engineers could proceed with plans. In response to Councilmember Cohen's question, Glen VanWormer, an engineer with SEH, Inc., indicated that traffic constraints on Indiana Avenue would not necessitate redesigning other roads. There was a motion by Councilmember Scott and seconded by Councilmember Cohen to eliminate the construction of a cul-de-sac on Indiana Avenue, north of 69th Avenue at this time. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to direct staff to notify Indiana Avenue residents that the City Council would be reconsidering the alignment /geometric layout plan of Indiana Avenue at the next meeting. The motion passed unanimously. The City Manager explained that additional storage was needed for the Police Department's specialized equipment used to patrol the Twin Lakes area. Staff recommended that the park shelter building at Twin Lake Beach be remodeled to provide this storage. RESOLUTION NO, 91 -178 Member Celia Scott introduced the following resolution and moved its adoption: 7/8/91 -20- I f " R IN E GENERAL ND BUDGET APPROPRIATING RESOLUTION AMENDING TH ENE FU FUNDS, AND AUTHORIZING REMODELING OF PARK SHELTER BUILDING AT TWIN LAKE BEACH The motion for the adoption of the foregoing resolution was duly seconded by member David Rosene, and the motion passed unanimously. The City Manager explained that the Council approved specifications and authorized advertisement for bids to remove the remaining structures within the 69th Avenue North corridor. Phase III of this project included the removal of five houses and one garage. The Historical Society had recently indicated interest in moving the Hahn house to a new location by the Earle Brown Heritage Center. The City Manager stated he felt the cost to move this house would be exceptionally high since it was quite tail and would necessitate moving overhead wires. CouncOmember Scott added that the house has been extensively remodeled and all historical significance may have been removed already. The Public Works Coordinator informed the Council that Mr. Ernst, Ernst Machinery & Housemovers Corp., indicated he would not attempt to move this house. Councilmember Cohen supported removal of this house from the proposed resolution to allow the Historical Society the opportunity to research viable options. Councilmember Rosene explained that the Historical Society hoped to negotiate the sale or donation of a plot of land adjacent to the Earle Brown Heritage Center. He commented that the house might not be moveable, but he would like to give the Historical Society the needed time to mare that determination. Also, the State Highway Patrol was looking for a site to begin their own museum and this may be an ideal structure since Earle Brown began the State Patrol. Council consensus was reached to eliminate the Hahn house from the proposed resolution. RESOLUTION NO. 91-179 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR REMOVAL OF HOUSES ON 69TH AVENUE NORTH, PHASE III, IMPROVEMENT PROJECT NO. 1991 -14 AS AMENDED The motion for the adoption of the foregoing resolution was duly seconded by member David Rosene, and the motion passed unanimously. 7/8191 -21 - OTHER i The City Manager reminded the Council of the work session scheduled for July 11 th at 7:00 p.m. ADJOURNMENT There was a motion by Councilmember Scott, and seconded by Councilmember Ro sene to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:51 a.m. Deputy Clerk Todd Paulson, Mayer Recorded and transcribed by: Carla Wirth Northern Counties Secretarial Service 7/4/91 -22- MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION JULY 11, 1991 CITY HALL CALL TO ORDER Mayor Paulson called the meeting to order at 7:04 p.m. ROLL CALL Mayor Paulson, Councilmembers Celia Scott, Jerry Pedlar, and Phil Cohen. Councilmember Rosene arrived at 7:35 p.m. PRESENTATION Mayor Paulson turned over the meeting for a presentation by Lee A. Maxfield of Maxfield Research Group Inc. Mr. Maxfield gave a presentation on the study commissioned by the City of Brooklyn Center of commercial/ industrial trends in the Brooklyn Center market area. Mr. Maxfield stated the commercial/ industrial market will change in the next ten years from what it had been in the past as there will be a smaller demand for commercial, industrial and retail space. A current example is the fact that office space in the metropolitan area and indeed throughout the United States is over -built and that is the case for some retail space also. The demand for new space in these areas will not be as great in the next ten years because of population trends. The last ten years' activity was driven by much of the baby boomers' population wave and in the next ten years that wave will not be there and therefore less demand for retail, commercial and industrial space. The growth that will occur in the next five years will be filling up the current available space and very little new construction is anticipated in the next five years. Another factor dictating this lull in construction is the fact lending agencies such as banks and savings & loans will be much tougher on borrowers in terms of their requirements for leasing up space prior to giving loans. There was a general discussion about ways in which Brooklyn Center could make itself more attractive to whatever development does occur. There was a motion by Councilmember Scott and seconded by Councilmember Cohen_ directing staff to develop an agenda and forum for Council consideration as it relates to both the commercial/ industrial market study and the housing study and set up a Brooklyn Center Commercial /Industrial Day in the fall of 1991. The- Brooklyn Center Commercial Industrial Day would be a presentation of the advantages of Brooklyn Center and promotional 7/11/91 1 activity by all Brooklyn Center developers and commercial entities. After discussion, the motion passed unanimously. ADJOURNMENT On motion by Councilmember Cohen and seconded by Councilmember Pedlar the meeting adjourned at 9:05 p.m. Todd Paulson, Mayor 7/11/91 2 4 ;t,, CITY OF BROOKLYN CENTER Council Meeting Date 07/22/91 Agenda Item Number IF REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION AMENDING APPROVED ALIGNMENT /GEOMETRIC LAYOUT PLAN FOR THE IMPROVEMENT OF 69TH AVENUE AT INDIANA AVENUE NORTH DEPT. APPROVAL: l 0 A 5 Sy Knapp, irector o?Public Works MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes In accordance with Council direction on July 8, 1991, copies of the attached letter were sent to all property owners on Halifax and Indiana Avenues, between 69th and 70th Avenue, and to the pastor of the St. Alphonsus church. RECOMMENDED CITY COUNCIL ACTION • ask staff to briefly review the history and current status of this issue • open hearing for public comments • consider amendment of resolution No. 91 -177 as adopted on 07/08/91 (see attached copy) Note: since the action taken by the City Council on that resolution specifically deleted any amendments to the June 17, 1991 plans, that resolution, in effect, approved the original layout (i.e. - allowing right -in, right -out movements at the Indiana Avenue intersection). Accordingly, the attached resolution, if adopted, would amend the Council's 07/08/91 action to approve "Alternate No. 3 ". ya" Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING APPROVED ALIGNMENT /GEOMETRIC LAYOUT PLAN FOR THE IMPROVEMENT OF 69TH AVENUE AT INDIANA AVENUE NORTH WHEREAS, the City Council, on July 8, 1991 adopted Resolution No. 91 -177 approving an alignment /geometric layout plan for the improvement of 69th Avenue between Brooklyn Boulevard and Shingle Creek Parkway; and WHEREAS, pursuant to Council action at that meeting, an additional public information hearing was conducted on July 22, 1991 for residents on Halifax Avenue and Indiana Avenue; and WHEREAS, it is the opinion of the City Council that the public interest will be best served by making the following described change to that plan, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that the plan as approved by Resolution No. 91 -177 be amended to include the following change: The intersection of 69th Avenue /Indiana Avenue shall be designed to prohibit right -turns from westbound 69th Avenue to northbound Indiana Avenue, while allowing right turns from southbound Indiana Avenue to westbound Indiana Avenue. 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 6301 SHINGLE CREEK PARKWAY OF BROOI�LYIV�ENTER, MINNESOTA 55430 BROOKLYN TELEPHONE: - O 569 3300 C ENTER FAX: 569 -3494 EMERGENCY - POLICE - FIRE Sy Knapp 911 Dircdor ofPubkc Works July 11, 1991 TO: All Property Owners On Halifax and Indiana Avenues North of 69th and South of 70th Avenues FROM: Sy Knapp, Director of Public Works SUBJ: City Council Meeting Monday, July 22, 1991 At its meeting on June 24, 1991, the City Council considered several design details for the 69th Avenue improvement project. At that meeting, the Council tentatively approved a cul-de -sac on Indiana Avenue, provided that operations and traffic volumes on Halifax Avenue were not adversely affected. At its meeting on July 8, 1991, the Council received reports from consulting traffic engineers regarding the projected impact of several options. Also at that meeting, a Sunday traffic analysis conducted by residents of Halifax Avenue was presented by a representative of that group, along with a reiteration of their request that Indiana not be cul- de- saced. Enclosed are the three options for Indiana presented to the Council, along with the consultant's projected traffic impacts. Also enclosed is the traffic analysis conducted by the neighborhood group. Based on this information, the Council's preference is for Option 3, building a right -turn- out -only intersection at Indiana. This option would ease Sunday traffic problems by allowing neighborhood and church traffic to exit and proceed west on 69th. According to the neighborhood group's traffic analysis, almost 75 percent of church traffic using Indiana turns right. This option would eliminate "cut- through" traffic by not allowing traffic driving west on 69th to turn right onto Indiana. Staff and some Councilmembers expressed reservations with Options 1 and 2 because they both would channel all church traffic to 70th or Halifax. The City's Administrative Traffic Committee believes that the only way to make these options work operationally would be to provide manual traffic 1986ALLtiUf1YCA CffY direction from at least five police officers (two at 70th and Brooklyn Boulevard; two at Halifax and 69th; one at Halifax and 70th) during the two busiest services on Sunday. The City Council wishes to provide residents of the area with an opportunity to comment on the proposed three options before it makes a final decision. Accordingly, an informational hearing will be conducted during the Council's regular meeting on July 22, 1991, at 7 P.M. in the City Council Chambers at City Hall. If you cannot attend the meeting but wish to submit comments, please feel free to stop by or call the Engineering Office at 569 -3340, or submit comments by mail. Sincerely, Sy Knapp DIRECTOR OF PUBLIC WORKS encl. CARS EXITING ST. ALPHONSUS VIA HALIFAX AND INDIANA AVENUES June 29-30,1991 and July 6 -7, 1991 HALIFAX AVENUE TOTAL LEFT TURN RIGHT TURN CARS E ON 69TH % W ON 69TH % 5:30 & 7:00 219 140 64% 79 36% 10:00, 11:30, & 1:00 331 218 66% 113 34% Overall 550 358 65% 192 35% INDIANA AVENUE TOTAL LEFT TURN RIGHT TURN CARS E ON 69TH % W ON 69TH % 5:30 & 7:00 151 26 17% 125 83% 10:00, 11:30, & 1:00 215 67 31% 148 69% Overall 366 93 25% 273 75% Note: Information collected by neighborhood residents. < �•:.�: .•e•. •;gy "� } < °°° X36 III III S H ° a f w a E 4 rx _ 0— l `\ ; -- UMTS SECTION BELOW Iwo �� y t`p2R REALTY 2 ALTERNATE NO 1 TRAFFIC COUNTS JUNE INDIANA HALIFAX WEEKDAY: Current 183 377 1,455 Proposed 0 0 1,926 SUNDAY: Current 415 543 1,016 Proposed 0 0 1,655 i ,_.......,.= 4 ;�:, � -' • •5,�,.•, a , err • e— .errs. {� i a y i �t U W 75 i 1 t SEE SECTMN BELOW ( ' i ALTERNATE NO 2 TRAFFIC COUNTS JUNE INDIANA HALIFAX WEEKDAY: Current 183 377 1,455 Proposed 0 0 1,926 SUNDAY: Current 415 543 1,016 Proposed 0 0 1,655 NO RIGHT TURNS i FROM 69TH g \ 5 3- t , .- ��� .a 3 �Sf t 1 '� ��� Y;eoS o e,` g e ° °�°� °� ° °e• °�:e °• � + T`', $ `;� a � ° 5�•,, ° . ° ` t � i ' R .y ° "� "� °ems " ��� °� • S \ � O w ._. _ ..........i3�_ -_. RIG HT TURN OUT ONLY - ` CON UWA TS - 7. SLASI y f UC21L {� R SEE SECnoN sELow REALTY t ',CHRYSLER REALTY ALTERNATE NO 3 TRAFFIC COUNTS JUNE INDIANA HALIFAX WEEKDAY: Current 183 377 1,455 Proposed 0 0-223 1,756 - 1,926 SUNDAY: Current 415 543 1,016 Proposed 0 0-449 1,295 - 1,655 COMMENT CARD Name Tarr I Address L 7 #,4-1, x /� - Phone �g � - ( Position; Agency g Cy or Group Comments I z LS Al f COMMENT CARD Name [;� Address Phone Position Agency 4 cY or Group _�L , � / � f= ; �'`j -•-� Comments a Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION NO. 91 -177 RESOLUTION APPROVING ALIGNMENT /GEOMETRIC LAYOUT PLAN FOR THE IMPROVEMENT OF 69TH AVENUE NORTH BETWEEN BROOKLYN BOULEVARD AND SHINGLE CREEK PARKWAY, IMPROVEMENT PROJECT NO. 1990- 10 WHEREAS, on March 26, 1990 the City Council adopted Resolution No. 90 -66, ordering the reconstruction of 69th Avenue North between Brooklyn Boulevard and Shingle Creek Parkway; and WHEREAS, on July 9, 1990 the City Council adopted Resolution No. 90 -139 approving a contract with SEH Inc. to provide professional services relating to Stage 1 of Final Plan Development; and WHEREAS, SEH Inc. has prepared and presented a proposed alignment and geometric layout plan dated June 17, 1991 and said plan represents the culmination of plan development efforts by the consultant, City staff and the City Council and consideration of public input received at four public informational meetings conducted by staff and a public informational meeting conducted by the City Council; and WHEREAS, it is the opinion of the City Council that said plan should be approved, to serve as a basis for the consultant to complete the development of Stage 1 of final plans and cost estimates and to provide direction for the implementation of this project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The alignment /geometric layout plans dated June 17, 1991 as prepared by SEH Inc. are hereby approved as a basis for proceeding with Stage 2 of final plan development and project implementation, subject to the following change: The location of the trail on the north side of 69th Avenue between France Avenue and West Palmer Lake Drive shall be designed to provide a curvilinear alignment generally within the construction limits. 2. In conjunction with Stage 2 of plan development and project implementation, the following process shall be used to develop the most effective plan for landscaping, security fencing and noise abatement: i RESOLUTION NO. 91 -177 Ste - P 1 As a part of the general construction contract earth berms will be constructed at the locations where they will be effective in providing noise abatement and will not require the removal of a large number of mature trees. Step 2 - Upon completion of the general construction contract a series of meeting will be conducted with adjoining property owners on both sides of 69th Avenue to review available options, including fencing (various types), plantings, property extensions, etc. Step 3 - A plan will then be developed to accommodate property owners' requests to the maximum feasible extent. Step 4 - A separate contract will then be awarded for landscaping and other construction according to that plan. Ju ly 8 , 1991 Date Todd Paulson, 11 yor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen , and upon vote being taken thereon, the following voted in favor thereof: Todd Paulson, Celia Scott, Dave Rosene, and Philip Cohen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER comed Meeting Date 7 -22 -91 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: AN ORDINANCE AMENDING CHAPTER 23 REGARDING GENERAL LICENSING REGULATIONS DEPT. APPROVAL: Geralyn A. Barone, Personnel Coordinator MANAGER'S REVIEW/RECOPMENDATION: No comments to supplement this report Comments below /attached SUIVIrVMY EXPLANATION: (supplemental sheets attached ) At the July 8, 1991, city council meeting, there was discussion regarding juvenile smoking and tobacco use control ordinances. At the council's request, the attached ordinance, which amends the section of Chapter 23 regarding general licensing regulations for cigarettes, has been prepared. "Cigarettes" has been deleted throughout and replaced with "tobacco related products ". Other provisions prohibit self - service sales of single packs of tobacco related products and limit the sale of these products to only those clerks 18 years and older. The license revocation section has been amended to allow the city council to not only revoke licenses, but also to suspend them. This language provides the greatest flexibility to the city council to deal with violations of the ordinance, allowing the council to determine the appropriate penalty based on the circumstances surrounding each violation. Should the council wish to be more specific about progressive penalties, these can be included in the revocation section. Such language would reduce the council's options on a case -by -case basis, however. If the ordinance is approved for i i consider n i ed o a second reading, t s appropriate riate to amending n PP g PP P g the license fee charge to vendors. The resolution that would increase the fee is attached but should g , not be considered until the second reading of the ordinance is complete. A notice has been sent to all current cigarette license holders (29) and to other interested parties. RECOMMENDED CITY COUNCIL ACTION Discuss for a first reading an Ordinance Amending Chapter 23 Regarding General Licensing Regulations q�- CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1991, at p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 23 Regarding General Licensing Regulations. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES REGARDING GENERAL LICENSING REGULATIONS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 23 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: [ CIGARETTES ] TOBACCO RELATED PRODUCTS Section 23 -101. LICENSE REQUIRED. No person shall directly or indirectly or by means of any device keep for retail sale, sell at retail, or otherwise dispose of any [cigarette or cigarette wrapper] tobacco related product at any place in the City of Brooklyn Center unless a license therefor shall first have been obtained as provided in this ordinance. Section 23 - 102. DEFINITIONS. 1. "Tobacco related product" means cigarettes, cigars cheroots; stogies; perique; granulated, plug cut crimp cut, ready, rubbed and other smoking tobacco; snuff; snuff flower; cavendish, plug and twist tobacco; fine cut and other chewing tobaccosL shorts; refuse scrips, clippings cuttings and sweepings of tobacco prepared in such manner as to be suitable for chewing, sniffing or smoking in a Pipe rolling paper or other tobacco related devices. 2. "Self- service merchandising" means open display of tobacco products that the public has access to without the intervention of an employee. 3. "Individually packaged" means any package containing only one individually wrapped item. Included are single packs of cigarettes, single bags of tobacco for rolling, and individual cans of tobacco for chewing or sniffing. Not included are cartons containing two or more individually packaged packs ORDINANCE NO. of cigarettes or similar packages containing multiple cans or containers of tobacco suitable for smoking, chewing or sniffing. Section 23- 10[2]3. APPLICATION AND ISSUANCE. Application for such license shall be made to the City Clerk on a form supplied by the City. Such application shall state the full name and address of the applicant, the location of the building and the part intended to be used by the applicant under such license, the kind of business conducted at such location, and such other information as shall be required by the application form. Upon the filing of such application with the Clerk, it shall be presented to the City Council for its consideration, and if granted by the Council, a license shall be issued by the City Clerk upon the payment of the required fee. Section 23- 10[3]4. LICENSE FEE. The fee for every such license shall be as set forth by City Council resolution. Every such license shall expire on December 31 next after its issuance. ["] A fee for the renewal of any license issued under this ordinance shall be paid to the City Clerk prior to the first day of January of the year for which said license fee is required, and in the event that said payment is made after said date, the license fee established by this ordinance shall be increased ten percent (10 %) for each month or portion thereof which has elapsed since said date.[ "] Section 23- 10[4]5. LICENSE SHALL BE DISPLAYED. Every such license shall be kept conspicuously posted about the place for which the license is issued and shall be exhibited to any person upon request. Section 23- 10f516. RESTRICTIONS. No license shall be issued except to a person of good moral character. No license shall be issued to an applicant for sale of [cigarettes] tobacco related products at any place other than his established place of business. No license shall be issued for the sale of [cigarettes] tobacco related products at a movable place of business; nor shall any one license be issued for the sale of [cigarettes] tobacco related products at more than one place of business or applicant. No person shall sell or dispense any [cigarettes or tobacco product, cigarette paper or cigarette wrapper] tobacco related products through the use of a vending machine. No person shall sell or give any [cigarette, cigarette paper or cigarette wrapper] tobacco related products to any person below the age of 18 years. No person shall keep.for sale, sell or dispose of any [cigarette] tobacco related products containing opium, morphine, jimson weed, belladonna, strychnia, cocaine, marijuana, or any other deleterious or poisonous drug except nicotine. It shall be unlawful for anv person to offer for sale anv individually packaged tobacco product by means of self - service merchandising. All sales must be made in ORDINANCE NO. such a manner that requires the vendee to specifically ask for the tobacco product and all other sales are unlawful. The person who sells the tobacco product must require identification if he has any reason to believe that the proposed purchaser is less than 18 years of acre. A licensee shall not permit an employee under eighteen (18_) years of age to sell or otherwise dispose of tobacco related products. No person under eighteen (18) years of age may sell or otherwise dispose of tobacco related products. Section 23- 10f617. REVOCATION. Every such license may be suspended and /or revoked by the Council for a violation of any provision of this ordinance if the licensee has been given a reasonable notice and opportunity to be heard. Section 23- 1OL718. PENALTY. Any person who shall violate any provision of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than seven hundred dollars ($700) or imprisonment not to exceed ninety (90) days or both, together with the costs of prosecution. 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.) Member i tro ce lt3ing'e7 and moved its adoption: RESOLUTION N0. J— j +� RESOLUTION AMENDING CITY COUNCIL RESOLUTION NO. 87 -31 REGARDING THE SCHEDULE FOR VARIOUS LICENSE FEES WHEREAS, the City Council of the City of Brooklyn Center adopted Resolution No. 87 -31 on February 9, 1987, which established fees to be charged for various City licenses; and WHEREAS, the City Council has determined that it would be less cumbersome and a better method of ensuring a uniform fee structure to set forth these fees in a fee schedule; and WHEREAS, City ordinances have been amended to authorize the setting of various fees by City Council resolution rather than by ordinance; and WHEREAS, Ordinance No. 91- amends Chapter 23 regarding general licensing regulations to make sales of tobacco related products more restrictive; and WHEREAS, this amendment creates additional administrative and enforcement costs for the City of Brooklyn Center; and WHEREAS, the City Council wishes to increase the license fee for tobacco related products to offset the additional expenses incurred by the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to amend the Schedule for Various License Fees stated in Resolution No. 87 -31 as follows: LICENSE FEE DELETE: Cigarette $15 ADD: Tobacco Related Product $50 BE IT FURTHER RESOLVED that the above changes shall become effective on 19 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 6301 SHINGLE CREEK PARKWAY OF B ROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE: 569 -3300 C ENTER FAX: 569 -3494 EMERGENCY - POLICE - FIRE 911 NOTICE TO: Brooklyn Center Cigarette Vending License Holders and Interested Citizens FROM: Geralyn -R. Barone, Personnel Coordinator DATE: July 12, 1991 SUBJECT.- Proposed Ordinance Regarding Sales of Tobacco Related Products On July 22, 1991, the Brooklyn Center city council will be considering several amendments to the city ordinances which will impact sales of tobacco related products in Brooklyn Center. These amendments are reviewed at the end of this notice. The typical procedure followed by the council is to have a ';first reading" of the ordinance when it is introduced with discussion among the city council members. Then a public hearing is scheduled for a ,future city council meeting, at which time the meeting is opened for public comment. The first reading of the ordinance is scheduled for the July 22, 1991, city council meeting, which begins at 7p.m. and is held in the city council chambers at city hall, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota. The proposed amendments encompass the following areas: 1. Prohibition of self - service sales of tobacco related products (single packages of this merchandise must be behind the counter and a clerk must give a customer access to the product). 2. Limitations on the sale of tobacco related products by clerks to only those clerks 18 years and older. 3. Modification of the penalty section for violating the ordinance to establish progressive penalties up to total revocation of the license to sell tobacco related products. 4. An increase in the city's. licensefees to cover increased costs associated with administration and enforcement of the ordinance. If you have any questions regarding these proposals, please call me at 569 -3300. �YN SCHOOL BOARD Anoka - Hennepin Jon ash, Chairman Michael ael Sullivan, Su Vice Chairman Maureen Gaalaas, Clerk .r» 7 John Peterson, Treasurer Independent Ronald Manning, Director r i Gregory Olson, Director ° Y � School District No. 11 Dr. Douglas Otto, Superintendent EDUCATIONAL SERVICE CENTER 11299 Hanson Boulevard N.W. • Coon Rapids, Minnesota 55433 (612) 422 -5500 July 16, 1991 Geralyn R. Barone, Personnel Coordinator City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Ms. Barone: Thank you for your notification to the Anoka - Hennepin Independent School District No. it regarding those amendments to the City of Brooklyn Center tobacco ordinances. Our school district stands in support of the proposed amendments. Minnesota school districts have attempted to provide important information to students regarding the negative health impact of tobacco products. Certainly, making it more difficult to obtain tobacco products by minors could help in the fight against those harmful effects. Again, we appreciate the city of Brooklyn Center's attempt to make tobacco - related sales to minors more difficult. Sin rel , Douglas Otto Superintendent DO /NBI -LLR "Every Student Will Learn" CITY OF BROOKLYN CENTER Council Meeting Date 7/22/9 Agenda Item Number _b REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: An Ordinance Amending Chapter 34 of the City Ordinances Regarding the Allowable Size of Space for Lease Real Estate Signs 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 ) The City Council, at its July 8, 1991 meeting, denied Planning Commission Application No. 91008 which was a request for a sign ordinance variance by Welsh Companies, Inc. involving various real estate signs announcing space for lease. The Council did consider, and tabled, an ordinance amendment which would modify the sign ordinance to allow both freestanding and wall for lease signs with an area of 32 sq. ft. The Council requested various modifications to the ordinance for their future consideration. Modifications have been made and a new proposal is being offered for the Council's consideration. As it relates to residential property, the new ordinance would only allow this category of real estate sign to be utilized by buildings containing five or more dwelling units. Single family, two family and multiple family buildings, up to four plexes, could only have 6 sq. ft. real estate signs rather than the 32 sq. ft. sign under the proposed ordinance. We have also modified the proposal to put a 15' height limit on the freestanding signs. Also, we have attempted to establish some "sunset" provisions on these signs to help assure that they are indeed temporary signs and to also require either elimination or maintenance and rejuvenation of the signs periodically. This is proposed by requiring that the signs be marked with the date they were put up and that they be removed and rejuvenated or replaced every two years. These signs are only allowed to be displayed when vacancies in a building exist. Summary Explanation Page 2 July 22, 1991 We looked at the possibility of requiring a certain percentage of vacancy, such as 10 %, in order for a property to be eligible for a sign. That has not, however, been included in the proposal mainly because we would like to keep the enforcement of the ordinance simple and we believe the proposed "sunset" provisions address the issue of the temporary nature of the signs. A percentage qualifier can be added if the City Council desires. The question of requiring a setback for freestanding signs was also considered. The greenstrip requirements were noted at the last Council meeting and it was pointed out that this would cause some difficulty in placement of freestanding signs. Therefore, no setback requirements are suggested. If the City Council is concerned that the new provisions will cause an undesirable proliferation of freestanding real estate signs, we would suggest that freestanding signs then just be prohibited for this type of real estate sign as is now the case. We, however, do believe the request for freestanding signs is reasonable. It is important to note that leasing building space is a very tight and competitive market at the present time and to have leased up space is a positive economic impact to the community. Balancing ® this with aesthetic concerns is what the Council should be concerned with. We have kept Welsh Companies, Inc. and the representatives of the Building Owners and Managers Association (B.O.M.A.) apprised of the proposed changes and I would expect that they would be at the 7/22/91 Council meeting. Recommendation If this ordinance, or some modification of it, meets with the City Council's approval, we would recommend that it have a first reading and be published for public hearing at a subsequent City Council meeting. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1991 at p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to the Sign Ordinance regarding real estate signs. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 34 OF THE CITY ORDINANCES REGARDING THE ALLOWABLE SIZE OF SPACE FOR LEASE REAL ESTATE SIGNS 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 -130. PROHIBITED SIGNS 14. Signs painted on a commercial vehicle which is parked at a commercial premises in such a manner as to constitute a static display advertising a business, product or service to the traveling Public and which is not making a pickup or delivery or being appropriately stored on the premises. Section 34 -140. PERMITTED SIGNS 2. Permitted Signs Not Requiring a Permit 1. Real Estate signs as follows: 3. Temporary signs for the purpose of leasing or selling dwelling units in buildings containing [two (2) ] five (5) or more units and temporary signs for the purpose of leasing or selling portions of commercial or industrial buildings, such as offices or individual tenant areas are permitted only when vacancies exist and are limited to [walls facing public streets] one freestanding or wall sign per street frontage. The size of signs shall be [determined on the basis of wall area and distance from public right -of- way in the following manner:] no greater than 32 sq. ft. and freestanding signs shall be no higher than 15 ground level. ORDINANCE NO. All signs permitted by this section of the ordinance shall be marked with the date on which the sign was erected to be located in the lower right hand corner of the sign. Said sign must be removed no later than two years from said date and may be re- erected only if vacancies exist and the sign is completely rejuvenated or replaced. Any sign not containing the date it was erected is unlawful. [a. For buildings with a wall area of 1,000 sq. ft. or less facing a public street, the maximum size sign shall be 10 sq. ft. For buildings with over 1,000 sq. ft. of wall area facing a public street, the maximum size sign shall be 16 sq. ft. b. Buildings eligible for temporary real estate signs under Subsection (a) above shall be entitled to a sign 50% greater in area if the building is over 100 feet from the right -of -way line and 100% greater if the building is over 300 feet from the right -of -way line. 4. Buildings entitled to temporary wall signs as specified in Subsection 34 -140- :2.1 (3) above may utilize up to 10 sq. ft. or 50% of the area (whichever is less) of an existing freestanding identification sign in lieu of all other real estate signs.] 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.) CITY OF BROOKLYN CENTER council Meeting Date 7 -22 -9I Agenda Item Number 9C, REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: AN ORDINANCE FIXING CERTAIN COMPENSATION TO BE PAID TO THE ELECTED OFFICIALS OF THE CITY OF BROOKLYN CENTER DEPT. APPROVAL: Geral R. Barone, Personnel Coordinator MANAGER'S REVIEW/RECOABIENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) Attached is an ordinance that would provide for per diem pay, with certain limitations, for the mayor and council members. Other cities with similar ordinances include Brooklyn Park, Hugo, Maple Grove, Becker, and Crystal. Also attached is a letter from City Attorney Charlie LeFevere regarding whether or not per diem pay is considered as salary. When classified as salary, the per diem pay ordinance cannot become effective until after the next municipal election. RECOMMENDED CITY COUNCIL ACTION Discuss for a first reading an Ordinance Fixing Certain Compensation to be Paid to the Elected Officials of the City of Brooklyn Center. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1991, at p.m. at the City Hall, 6301 Shingle Creek Parkway to consider an ordinance fixing certain compensation to be paid to the elected officials of the City of Brooklyn Center. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE FIXING CERTAIN COMPENSATION TO BE PAID TO THE ELECTED OFFICIALS OF THE CITY OF BROOKLYN CENTER THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. The salary schedule as set forth in City of Brooklyn Center ordinance number r 89 05 is established lashed on the basis that the offices of mayor and council member in the City f Brooklyn Center are art -time positions. The mayor a Y Yn P P Y and /or council members are sometimes required to attend municipal functions or to take time from their regular employment to perform services beneficial to the City. Effective January 1, 1993, additional compensation shall be paid to the mayor or council members in those areas subject to the following conditions: 1. The activity and number of days for which the mayor or council member is to be engaged shall be approved by the city council prior to his or her participation. 2. The mayor and council member shall be paid $50 per day as supplemental compensation for each day approved and for which the member is in attendance at the approved activity. 3. The maximum number of days for which supplemental compensation will be paid in each calendar year is a follows: Mayor - 24 days per year Council members - 14 days per year Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of 1991. Todd Paulson, Mayor ATTEST: Deputy Clerk Date of Publication Effective Date 0 (Brackets indicate matter to be deleted, underline indicates new matter.) HOLMES & GRAVEN CHARTERED IO ttorners at Law 470 Pillsbury Center, Minneapolis, Minnesota 55402 ROBERT A. ALSOP (612) 337 -9300 JULIE A. LAWLER PAt'L D. BAERTSCHI Facsimile (612) 337 -9310 CHARLES L. LEFEVERE ROSALD H. BATTY JOHN M. LEFEVRE, JR. MARY J. BRENDEN ROBERT J. LINDALL STEPHEN J. BUBUL LAURA K. MOLLET ROBERT C. CARI_SON DANIEL R. NELSON CHRISTINE M. CHALE BARBARA L. PORTWOOD JOHN B. DEAN WRITER'S DIRECT DIAL MARY FRANCES SKALA MARY G. DOBBINS JEFFREY ENG JAMES M. STROMMEN STEFANIE N. GALEY STEVEN M. TALLEN DAVID L. GRAVEN JAMES J. THOMSON, JR. CORRINE A. HEINE 337 -9215 LARRY M. WERTHEIM JAMES S. HOLMES BONNIE L. WILKINS DAVID J. KENNEDY JOHN R. LARSON OF COUNSEL WELLINGTON H. LAW ROBERT L. DAVIDSON JOHN G. HOESCHLER March 25, 1991 Mr. Gerald Splinter City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Compensation of Council Members Dear Jerry: You have asked for my opinion on the question whether per diem pay to Brooklyn Center elected officials is considered to be salary within the meaning of Minnesota Statutes S415.11. Minnesota Statutes S 415.11, authorizes the governing body of any Home Rule Charter City to fix their own salaries by ordinance in such amounts as they deem reasonable. Subdivision 2 of that Section provides that no change in salary shall take effect until after the next succeeding municipal election. Therefore, if per diem payments are salary within the meaning of 9 415.11, an ordinance establishing per diem payments may not take effect until after the next municipal election. In my opinion, the answer to the question depends on whether the per diem payment is essentially in the nature of a payment of compensation for services or in the nature of a reimbursement for expenses. If per diem payments are compensation for services, they should be treated as salary and any change in salary may not be made effective until after the next municipal election. However, I do not believe that the statute contemplates prohibiting a change in policy on reimbursement of expenses until after the next municipal election. I have concluded that per diem payments which are intended as compensation for services should be treated as salary for a number of reasons. First, I assume that the purpose of the statute is to give the public an opportunity to comment through the election process on increases in council compensation as set by the council members. This purpose could easily be frustrated if the council could put pay increases in effect prior to the next municipal election simply by converting the means of determining the salary from a Mr. Gerald Splinter March 25, 1991 Page 2 monthly or yearly basis to a daily basis, or by adding additional daily payments to an already existing monthly or yearly salary schedule. Second, the Minnesota League of Cities in its " League of Minnesota Cities Handbook states that "salaries may be on an annual or monthly lump sum or a per diem basis. The per diem may be payable for each regular meeting, for each regular and special meeting, or for each day's service. Unless the ordinance provides otherwise, a lump sum salary covers special meetings." (Page 94). Third, Geralyn has provided me with a number of sample ordinances of other cities which she secured from the League of Minnesota Cities Information Service. These ordinances provided for compensation, or some part of the total compensation package, to be paid to council member on a per diem basis. For example, the ordinance of the City of Becker provides an annual salary and an additional compensation of $25 for each special meeting and $9 per hour for each meeting attended out of the corporate limits of the City of Becker. The ordinance of the City of Maple Grove provides for monthly salary to council members and an additional per diem payment of $50 for each day, or part thereof, spent outside the city on business reasonably tending to further the general municipal interests. In the case of the Maple Grove Ordinance, this per diem payment is in addition to reimbursement for actual verified expenses. In the ordinance of the City of Brooklyn Park, council members receive a fixed monthly salary and an additional per diem compensation of $50 per day as supplemental compensation for each day during which the council member is engaged in an approved activity. None of these ordinances were made effective by the City Council until after the next following January 1st. Although I have not discussed the matter with the attorneys for these cities, I assume that the compensation was not made effective until the next election because the kinds of per diem payments involved were in the nature of compensation for services rather than reimbursement for expenses. I believe, however, that there may be some latitude in an ordinance amendment providing for per diem payments which are effective prior to the next municipal election if the payments are essentially in the nature of reimbursement for expenses. For example, if the per diem is paid when a council member is out of town on approved city business and is paid per diem in lieu of other reimbursement for expenses, and if the amount of the per diem payment is reasonably related to the actual out -of- pocket expenses which are likely to be incurred under the circumstances, then I believe that an ordinance amendment providing for such per diem expense reimbursement prior to the next municipal election would be permissible. However, if the per diem is paid under circumstances or in an amount which is not related to the likelihood that actual expenses will be incurred, or in an amount which is likely to exceed the amount of actual expenses, it is likely that, if the ordinance providing for such payments were challenged, a court would conclude that they were "salary" within the meaning of Section 415.11 and invalidate the ordinance if its effective date occurred prior to the next general municipal election. If you have any further questions on this matter, please feel free to give me a call. Very truly yours, Charles L. LeFevere CLL:rsr B R2 91 -0 04 CITY OF BROOKLYN CENTER council Meeting Date 7 -22 -9I Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: AN ORDINANCE FIXING COUNCIL SALARIES DEPT. APPROVAL: Geralyn R. Barone, Personnel Coordinator ; MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached SUMVIARY EXPLANATION: (supplemental sheets attached ) The salaries for mayor and council members were last raised on January 1, 1991, and the next earliest possible date for another increase is January 1, 1993. The current salaries are still in the lower one -third of salaries for metro area cities with population over 20,000. Attached is an ordinance that would increase the salaries, but the amounts have been left blank for the council to decide what the actual figures should be. Currently, the monthly salary for the mayor is $583.33 ($7,000 annually) and $416.67 for council members ($5,000 annually). RECOMMENDED CITY COUNCIL ACTION Discuss for a first reading an Ordinance fixing Council Salaries 9� CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1991, at p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance fixing council salaries. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE FIXING COUNCIL SALARIES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Effective January 1, 1993, and thereafter until legally amended the monthly salary for Council members shall be $ and the monthly salary for Mayor shall be $ Section 2. This ordinance shall be effective after adoption and thirty 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.) 1991 ELECTED OFFICIALS SALARY SURVEY Metro Cities with Population over 20,000 ANNUAL SALARY MAYOR CNCLMBRS No. > BC 21 19 No. = BC 0 0 No. < BC 7 9 Brooklyn Center $ 7,000 $ 5,000 Mean (Average) $ 7,604 $ 5,631 Mode (Most Frequent) $ 7,200 $ 4,800 25th Percentile $ 6,600 $ 4,800 50th Percentile (Median) $ 7,200 $ 5,580 75th Percentile $ 8,078 $ 6,000 85th Percentile $ 8,400 $ 6,300 Minimum $ 4,620 $ 3,300 Maximum $15,000 $10,000 Brooklyn Center's mayor's salary is at the 28th percentile, while the councilmembers' salaries are at the 34th percentile. NOTE In nineteen metro cities with population from 10,000 to 20,000, two cities pay their mayors and councilmembers more than Brooklyn Center does; three additional cities in this population grouping pay higher salaries to councilmembers but not to mayors. CITIES WITH POPULATION OVER 20,000 POPULATION 1990 REG. MTG. ANNUAL SALARY OF MAYOR ANNUAL SALARY OF CNCLMBRS. PER MUNICIPALITY METRO COUNCIL PER MONTH 1991 1990 1989 1991 1990 1989 Apple Valley 34,598 2 7,200 $7,200 $7,200 6,000 6,000 6,000 Blaine 38,975 2 8,148 7,800 7,800 5,952 5,700 5,700 Bloomington 86,335 4+ 15,000 15,000 15,000 10,000 10,000 10,000 Brooklyn Center 28,887 2 7,000 6,480 6,480 5,000 4,140 4,140 Brooklyn Park .56,381 2 11,700 11,700 11,700 7,800 7,804 7,804 Burnsville 51,288 2 7,920 7,560 7,200 5,400 5,040 4,800 Coon Rapids 52,978 3 10,000 10,000 9,000 9,000 9,000 8,000 Cottage Grove 22,935 2 6,600 6,600 6,600 4,800 4,800 4,800 Crystal 23,788 2 7,421 7,421 7,068 5,626 5,626 5,358 Eagan 47,409 2 7,800 7,200 4,500 5,400 5,400 3,600 Eden Prairie 39,311 2 6,000 6,000 6,000 4,800 4,800 4,800 Edina 46,070 2 7,050 7,050 7,050 5,100 5,096. 5,100 Fridley 28,335 2 8,400 8,000 7,500 6,100 5,850 5,475 Golden Valley 20,971 2 7,536 7,536 8,350 5,652 5,652 6,250 k r -10- CITIES WITH POPULATION OVER 20,000 POPULATION 1990 REG. MTG. ANNUAL SALARY OF MAYOR ANNUAL SALARY OF CNCLMBRS. PER MUNICIPALITY METRO COUNCIL PER MONTH 1991 1990 1989 1991 1990 1989 Inver Grove Heights 22,477 3 5,000 5,004 5,000 4,200 4,200 2,900 Lakeville 24,854 2 7,200 6,600 5,400 6,000 5,400 4,320 Maple Grove 38,736 2 7,200 7,200 7,200 5,400 5,400 5,400 Maplewood 30,954 2 7,973 7,500 5,730 7,010 6,600 4,793 Minnetonka 48,370 4 8,400 7,200 7,200 5,604 5,040 5,040 New Brighton 22,207 2 7,200 7,200 5,700 5,580 5,580 4,500 New Hope 21,853 2 8,078 7,445 7,444 5,716 5,269 5,268 Plymouth 50,889 2 8,600 8,200 7,500 6,300 6,000 5,400 Richfield 35,710 2 7,282 7,282 7,200 5,652 5,652 5,600 Roseville 33,485 3 6,000 7,200 7,200 4,800 5,400 5,400 St. Louis Park 43,787 4 7,200 7,200 7,200 4,800 4,800 4,800 Shoreview 24,587 2 6,000 6,000 6,000 4,500 4,500 4,500 South St. Paul 20,197 2 7,200 7,200 7,200 4,200 4,200 4,200 White Bear Lake 24,704 3 4,800 4,800 4,800 3,600 3,600 3,600 Woodbury 20,075 2 4,620 4,200 4,200 3,300 3,000 3,000 *No Response -11- CITY OF BROOKLYN CENTER Council Meeting Date 7/22/91 • Agenda Item Number 0 Q REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: STAFF REPORT REGARDING 57TH AVENUE DRAINAGE PROBLEMS (DISCUSSION ITEM) DEPT. APPROVAL: Sy Knapp, irector of Public Works a� ta t&ZMANAGERS REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes • At the February 25, 1991 City Council meeting, Edith Svitak, who lives at 5616 Dupont Avenue North, addressed the Council to ask why there are no storm drainage structures on 57th Avenue at Dupont Avenue and at Humboldt Avenue, noting that the water stands at these corners almost continuously and that it causes safety problems, especially for pedestrians. Attached hereto is a report which describes the existing conditions and a cost estimate for installing a storm drainage system. The report recommends: • that storm sewer improvements be constructed in coordination with a complete street improvement project for 57th Avenue; and • that the reconstruction of 57th Avenue, along with the storm sewer system improvements, be programmed for implementation in 1993 or 1994. RECOMMENDED CITY COUNCIL ACTION Review and discussion... Provide direction to staff... • Ciro 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 BROOKLYN TELEPHONE: - O . 569 3300 C ENTER FAX: 569 -3494 EMERGENCY - POLICE - FIRE 911 TO: G. G. Splinter City Manager FROM: Sy Knapp Director o ublic Works DATE: May 21, 1991 RE: Drainage Problems on 57th Avenue between Logan Avenue and Camden Avenue At your request the Engineering Department has reviewed the matter of surface drainage problems on 57th Avenue and report the following: • The existing storm drainage system which serves 57th Avenue provides storm drains only at Logan Avenue, at Irving Avenue and at Bryant Avenue (see Exhibit A attached). Of these, only the drains at Logan Avenue are designed to meet current standards. The drains at Irving Avenue are very marginal, while the drains at Bryant Avenue serve only the west side of that intersection. • Most surface drainage along 57th Avenue flows easterly along this street (see Exhibit B attached). This drainage pattern is very substandard because (1) the overall gradient is approximately one -half (1/2) of recommended minimum grades; and (2) the "crowns" of the cross - streets connecting to 57th Avenue are continued into the intersections. As a result, water ponds to depths of 3" to 6 even in summertime conditions (and greater with wintertime snow and ice build -ups) before finally flowing over one intersection to the next intersection. • Some "improvement" could be accomplished by milling, reshaping and repaving the gutter lines and intersections along 57th Avenue. However, this would cost an estimated $100,000 to $150,000, and the end result would still be standing water because the overall gradient would remain unchanged (i.e. - one -half of the recommended minimum). • The recommended solution is the installation of two storm sewer extensions, i.e.: Y,1YN �secui�wwcaarr � May 21, 1991 Page two Estimated Total Cost if Completed as a Separate Description "Storm Sewer Only' Project Extension of storm sewer from Logan $193,000 Avenue, easterly to Humboldt Avenue (see Exhibit C attached) Construction of a storm sewer along $351,000 57th Avenue between Fremont and Bryant Avenues, then north along Bryant Avenue to 59th Avenue storm sewer (see Exhibit D attached) TOTAL $544,000 • More than 60% of the above stated costs are related to roadway restoration which would necessarily relate to a "storm sewer only" project. Accordingly, rather than constructing these improvements as "storm sewer only" projects, it is recommended that they be constructed in coordination with a complete street improvement project for 57th Avenue. Fifty- seventh Avenue between Logan Avenue and Humboldt Avenue is designated as a County State Aid Highway by Hennepin County. Between Humboldt Avenue and Lyndale Avenue, 57th is designated as a Municipal State Aid Street by the City of Brooklyn Center. Accordingly, MSA funds (and CSAH funds) could be used to fund a part of the storm drainage improvement costs as well as most of the street improvement costs. It is recommended that the reconstruction of 57th Avenue, along with the above - described storm sewer system improvements, be programmed for implementation, possibly in 1993 or 1994. Attachments ............ K � � � 'O a" `) �' � ��l \ mss; • � X o UtStLL r t4 I < AVE k z j A k PENN AVE:: N. o j A V E R ...... . ..... > NEWTON "T* C, I kl 91 Ifi i " X C U T I kl 91 Ifi GA M . AVE _.l _......- _... .__.. • -1-4 14i K NS) X 'AVE 4 dAAlESi rL::�'AV E AV VE. N AVE A H AVE N,: . I .4 GIRARD !A -AL x x , iF REMONT-i AV E. N IA E M ERSON AVE' RSON 17, CK 01 1) P 0 N T C OL FI J Y A V E ... ....... < ANTi A -R A N T IBRY NJ LORI AVF 1 . ............ ... .... .... T - 11T C AM EM, t C A 7 N Mr Lr v :tj AA i " X m x > m GA M . AVE _.l _......- _... .__.. • -1-4 14i K NS) X 'AVE 4 dAAlESi rL::�'AV E AV VE. N AVE A H AVE N,: . I .4 GIRARD !A -AL x x , iF REMONT-i AV E. N IA E M ERSON AVE' RSON 17, CK 01 1) P 0 N T C OL FI J Y A V E ... ....... < ANTi A -R A N T IBRY NJ LORI AVF 1 . ............ ... .... .... T - 11T C AM EM, t C A 7 N Mr Lr v :tj AA Oil P E N N - kL IF. 1E_ N I 1 - F I '-MIT m on 9 cn M ft4 a M a � m 4 M Z M P ' IL jc� Jill X ` X .......... . ......... LDJ LOGAN I AVE! 'r7 L: I N ; AV E X 5 j N 1AIAE 'AVE "k I R6 G AV E A VE ,UmBod� A ' AV E. ` N: GIRARD! T AVE. N F. M 0 N T'• �AVE` � EMERSO N A* i 2r; r: .. .. . ..... - V : 4 4 Du P 0 ti T ob N . ..... ......... A �COLFA�j AV E ; IBRYANTJ AV !AL.C)RiCl�., AVEJ IN :At if" :;, AMDEN AVE. N iv t N DAL PENN c U- t g I O Z VE a m Z of v O' Co 0 m E Z i n m Cl Q7 m m n m h T � , DT s rn , rte.. 'AVE ......... . �^ 4 tAMES� i_; IR AVE. r..... v 'Dad NUM$Gt. AVE ria , ^,i,�. ♦:. i �....r . y 'AVE, Ni .... a IRARJ ! ! n n k 1 F EMC;NTi ! AVE:. N It EMERSON AVE DuPONT AVE. N # ... .... ... = , COI FA X! AVE N j T . _ a. t' Az 1•;t BRYANT AVE N. t r^ r RAdNT) r ^ svj h A .rRtCr : AVE N CAM :AVE. M i :!n AL I ' . . ..... _ rt ' + t E RU L AVE. C` • s \ \\\ t i.. a, !� 1 i ?PENN iAVE: N.--;...... \ \`�' \ ip i NEWTON N. : m' iMOP.GAN'• -- SAVE N _, 3 ... " "._ ; \ ?::\ <�' . 1 1 ' LOvaN AVE: @ EN' r ; s t t I i ,JAMESI 'AVE - EN , i ;i.....:... I IRVING" AVE N` I t I i { J f1U►r18G1 AVE h. [ ''. > .+ 1 _ \' f j I .. ! �i ^ IRAR%' y. n A Li Z Q u F } fi E M! NT A� E ;! EMERSON , AVE` N' IT: 7T i {DU Po NT `• I AVE tN i L•Ji 1. T t?i O COIfAX: Y AVE.,y I ;. ...... D n i e. t6RYANT� t p I AVE t m} m I R:F,!n h Ar('f I m L•: i tl v _ _.�......... y .... cn C AL .2t. H w .(k C ' "" AV iN M - 4 _ 7 . ...,._ - 1 ... T .. _....... 1...... CAMDEPf {AVE r1 I �'nttD r�l kv r:, .. .:... -e M cn _ RL t ol n. CITY OF BROOKLYN CENTER Council Meeting Date 7/22 Agenda Item Number / y b REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: STAFF REPORT REGARDING DRAINAGE PROBLEMS IN THE 63RD AVENUE /INDIANA AVENUE AREA DEPT. APPROVAL. Sy Knapp, Dir ctor of ublic Works MANAGERS REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes • Attached is a petition from residents in the 63rd Avenue /Indiana Avenue area requesting that improvements be made to the storm drainage system in the area. This petition was developed and circulated by Mr. Homer Carey, 6307 Halifax Avenue, who reported the problem to Councilmember Pedlar in early 1990. We have been in periodic contact with Mr. Carey since that time in an attempt to define the nature and scope of the problem(s), the causes of the problem, and to develop possible remedies.' Some maintenance repairs have provided some relief to the problem, but the primary problem is inherent to the system. Nature and Scope of Problem (see maps 1, 2 and 3 attached) As noted in the petition, one major problem is that the segment of Indiana which lies within 300 feet north of 63rd Avenue experiences frequent flooding, i.e. - it was flooded at least once in 1990 and has already been flooded several times in 1991. While this flooding causes problems on the street (potential damage to cars and to the street), we do not believe that the flood levels on Indiana Avenue would be high enough to cause flooding of any homes. The other major problem is that there are storm sewer collector branches which serve to pick up storm drainage from backyard areas west and east of Indiana Avenue have walkout basements and backyard elevations which are lower than any other surface area in this neighborhood. These storm sewer branches serve well to drain runoffs from light and medium rainfalls. However, during very heavy rains, when the main storm sewer on 63rd Avenue fills up, the excess water which can't be handled by that main "backs up" through the Indiana Avenue line and • through these two branch lines, discharging water into the backyard areas, thereby increasing the potential for flooding the backyards and walkout basements. Causes of the Problem Causes of the problem include the following: • Homes with walkout basements were constructed in an area which is naturally subject to flooding, i.e. - "at the bottom of the drainage bowl ". • The overall storm water runoff rate has probably increased somewhat over the years, as residents have expanded houses, built garages, surfaced driveways, etc. • The storm drainage system has no overland overflow. Possible Remedies Possible remedies include the following: Remedy No. Description Discussion 1 Install a "check valve" or a The purpose of this would be to • manually- operated valve on one provide a method of preventing or both branch lines serving storm water backup into these the backyard areas. areas when the storm sewer is overcharged. The "downside" of this solution is that it relies on mechanical or manual operation of the valves. 2 Install a check valve or The purpose of this would be to "flap gate" into the storm provide a method of preventing sewer on Indiana Avenue, just storm water backup into the north of 63rd Avenue. Indiana Avenue storm sewer (and the backyard areas) when the 63rd Ave. sewer is overcharged. The downside of this solution, again, is that it relies on a mechanical device. Also, this device would reduce the Indiana Avenue storm sewer's capacity during normal flows. In addition, during a very heavy rain, surface water overflows • from 63rd Avenue will run to the low point in the area, i.e. - Indiana Avenue. Remedy • No. Description Discussion 3 Modify (redesign and regrade) This may be a viable, cost - backyard areas and walkout effective solution to prevent basement - to get all doors, flooding of homes. While this windows, etc. above the flood work would be the responsibility levels; and /or construct dikes of the property owners, it cannot or flood walls. be done effectively without coordination between all affected owners (i.e. - if one or two property owners install fill materials., they may aggravate the problem for others). Also, the remedy does not alleviate flooding on Indiana Avenue. 4 Construction of a storm water This may be a cost - effective way retention pond in Marlin Park to reduce the problem, but may (as suggested in the petition). not eliminate it unless the pond can be made big enough. It is possible that a detailed evaluation may indicate the need • for more retention capacity than can be provided in Marlin Park. 5 Construct a new storm sewer While no major flooding has been on Indiana Avenue, connecting noted along 65th Avenue, this the 65th Avenue storm sewer. sewer also shows signs of being overloaded. 6 Construct a new storm sewer Probably not an acceptable southwesterly, to outlet into solution - -, "transbasin Twin Lake. diversion," etc. 7 Oversize downstream storm This solution would be very system. costly. Summary and Recommendation Remedy No's. 1 and 2 are relatively low -cost items, but are far from a total solution, and are certainly not "fail- safe ". Remedies 3 through r h 7 each ach involve substantial costs and may have some negative impacts which need to be evaluated in detail - through the development of a complex "model" of the entire 63rd /65th Avenues storm drainage system. After evaluation of the operational impacts of each of these alternates, a cost /benefit study needs to be accomplished before a rational decision can be made to proceed with any of them. • The City's engineering staff is not able to conduct the complex studies needed to fully evaluate all alternates. Accordingly, it recommended that the City Council direct staff to proceed along one of the following courses: Option 1: Proceed towards hiring a consulting engineering firm for the purpose of conducting a special study, limited to this problem area; or Option 2: Include the study of this problem area as a specific assignment of the consultant who will be hired to develop the City -wide local storm water management plan which the City is required to complete by July 1, 1993. It is noted that, while the total plan may not be completed until 1993, it is certainly possible to require completion of specific segments of such a plan at an earlier date. It would appear to be possible to require this consultant to complete the study of this portion of the system in time to allow implementation of a solution in 1992. Because the coordination of the Indiana /63rd Avenue study with the City -wide study would ensure a more comprehensive evaluation of the problem and its solutions, staff recommends that the City proceed under "Option 2 ". Note Either option requires that a consultant be hired by the City. It is noted that staff intends to submit a draft recommendation regarding a • policy for procurement of engineering and architectural services for Council consideration at the August 10, 1991 meeting. No consultant selection process would be started under either alternate until a policy is adopted by the Council. Regardless of which option is g p selected, it will be desirable and essential to follow a process which assures involvement by the residents - through neighborhood meetings, etc. RECOMMENDED CITY COUNCIL ACTION Mr. Carey has advised that a number of the residents will attend the July 22 meeting. It is suggested that the following procedure be followed: • staff presentation and Council discussion of this report • open for comments from residents • additional discussion and comments by City Council • directions to staff as to how to proceed (i.e. - Option 1 or Option 2 or other...) S✓ ' ) ibVd Z I h isr l dVW 1bCd.1a ON �' ri -' ...._. I -: 11 ' Z k • � a K S { 3nbi� tt tq I,......__ I ' p \ .' -c� ,...t ..�...�_ Z ` __ (. n ua L. 01 di (I `�� ✓ ��,� OI �•ON, HVSO �� fir,}... r�l �; _ r I 11 r kill 3AV •i.1 a + � ll t I / t _ -� .� - •_ —N_ = 3AY H16S gj 11 P ..... ,.� �-T a. .._ x .. ._ .., ... _. � 1.. .. �_1 •. 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I �1:�� "a7bDrS �'DC alG9 YEA &I �YX AD 552.04 9u n 861.54 " x ' . � . 5T. 56V OCE 9 851.0fi II 67.19 557 (�9 I (]♦) (n) I lEil I (IA51. /3 956.1 (61) (56) rJBI 52.Z .109 •!ar 957.7D lllz) (IIJI Ill) (115) (1161 G . �� ------ - - - - -- EA6EIQR AREA - ,T -. .cJ6.o - - T Q / �� - .• - - - - - - STORL'EWEft OISTRIC d0UN0A ?7 � ,t-ti r - 5 r -� - - - - - - - - - 504COL DISTRICT BOUN9:JIY 1/8 SECTI3N - ...... ............. UTERSnED OISTRI CI 9CUNUAR7 - F - . �_ - -- INCFJEM .. 80UNOAa MAP 2 -4 HALIFAX A t , E — . /Vo - T L -- l - - - -- -- INDIANA AVE. NO. • • July 17, 1991 Mayor and City Council: On June 10, 1991 my neighbor and I met with Sy Knapp, Bob Calender and another city worker to discuss the inadequate storm drainage system in our neighborhood. Of the several options discussed the one that seems to make the most sense would be to construct a stormwater retention basin in a portion of Marlin Park. Our street floods during heavy rains because the storm sewer line along 63rd Avenue cannot handle the volume of water that is present. One drain on our street already- directs water to Marlin Park. Additional water holding capacity in the Park would go a long way toward solving this flooding problem with only minimum expense. In the past, we have had flooded basements, cars have been damaged and the street is impassable during these floods. We were asked to suggest what should be done. We would like the City Engineer to make this determination, but we feel that the retention pond should be at least part of the solution. Please take action on this request this summer so t w may enjoy peace of mind when heavy rains are forecast. L5 2 o 2 Sincerely, �"! L5 JUL 1 8199 NAME ADDRESS - -- - - -- - - - - -�� - �c,c _ho -- -- - --------- - - - - -- __�_� - - -- J OLS' 3 1 ,1, �yi- '�.s,� L��,' f/ ,,.��i ✓�' �J 6 l/� ✓Or r �,4 ' y��J� _____ ---------- S'f-�fZ� Y -L Z- L` ------------------------------------------------------- - - - - -- CITY OF BROOKLYN CENTER Council Meeting Date 7/22/91 Agenda Item Number -0 • REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR REPLACEMENT OF SIDEWALK SECTIONS ALONG BROOKLYN BOULEVARD, IMPROVEMENT PROJECT NO. 1991 -04, CONTRACT 1991 -E DEPT. APPROVAL: Sy Knap , Director of Public Works MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached On July 8th the City Council approved plans and specifications and authorized advertisement for bids for Replacement of Sidewalk Sections along Brooklyn Boulevard, Improvement Project 1991 -04. Bids for this work were received and opened on July 18, 1991. Of the three bids received (see attached Resolution) the lowest bid of $ 26,751.30 was submitted by Gunderson Brothers Cement Contractors Company, Inc. The Engineer's Estimate as reported at the July 8th meeting was $ 17,840. The Engineer's Estimate, as reported, incorporated unit prices from recent City projects in which sidewalk was included. In retrospect, it now appears that the unit prices from those larger contracts were a bit optimistic (too low) for this small project. The fact that there is only a difference of $ 555.00 between the three bids submitted would seem to indicate valid, competitive bids. The disparity between the Estimate and the bids seems to be the result of an erroneous estimate, rather than high bids. The following options are available to the Council at this time: 1. Reject all bids and immediately re- advertise for bids, in an effort to obtain lower bids. 2. Reject all bids, combine this project with a similar project and re- advertise. 3. Accept the low bid. • City Staff's analysis of the above options consist of the following: 1. As previously indicated, the bids themselves appear to be competitive. Re- advertisement and subsequent contract award couldn't be until later this year and bids would very probably come in higher, due to the end - of- the - construction - season rush. If the project were let next year, there's no guarantee that prices would be lower. 2. The only similar project would be the trail extension at Humboldt Square, and easement negotiations haven't proceeded far enough to ensure construction yet this year. 3. The low bid, while being higher than the Engineer's Estimate, appears to have been submitted in good faith and is indicative of a competitive bidding process. Gunderson Brothers has 22 years experience in sidewalk /concrete construction in the Metro area and have recently completed similar projects for the Cities of Edina, Minneapolis and Robbinsdale. Accordingly, staff recommends award of the contract to Gunderson Brothers Cement Contractors Co., Inc. RECOMMENDED CITY COUNCIL ACTION • A resolution accepting bid and awarding contract to Gunderson Brothers is attached for consideration. Member introduced the g followin resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR REPLACEMENT OF SIDEWALK SECTIONS ALONG BROOKLYN BOULEVARD, IMPROVEMENT PROJECT NO. 1991 -04, CONTRACT 1991 -E WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 1991 -04, bids were received, opened, and tabulated by the City Clerk and Engineer, on the 18th da y y of Jul , 1991. Said bids were as follows: Bidder Bid Amount Gunderson Brothers Cement Contractors Co. 26 751.30 Schmidt Curb Co., Inc. $ 27,290.00 Thomas & Sons Construction, Inc. $ 27,306.50 WHEREAS, it appears that Gunderson Brothers Cement Contractors Co., Inc. of Minneapolis, Minnesota, is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract, in the amount of $ 26,751.30, with Gunderson Brothers Cement Contractors Co., Inc. of Minneapolis, Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 1991 -04 according to the plans and specifications approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all the bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. BE IT FURTHER RESOLVED that: 1. The estimated cost of Improvement Project No. 1991 -04 is hereby amended according to the following schedule: RESOLUTION NO. As Amended Per As Established Low Bid Contract $ 17,840 $ 26,751.30 Contingency 2.680 (15 %) 1.337.70 (5%) Subtotal Construction $ 20,520 $ 28,089.00 Materials Testing (1 %) $ 205 $ 281.00 Staff Engineering (8%) $ 1,642 $ 2,247.00 Admin. & Legal (2I) $ 410 $ 562.00 Total Est. Project Cost $ 22,777 $ 31,179.00 Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 07/22/91 Agenda Item Number / lb REQUEST I FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED SHADE TREES DEPT. APPROVAL: Sy Knap irector of Public Works MANAGER'S REVIEW/RECOnEMENDATION: ,�• No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached • The attached resolution represents the official Council action required to expedite removal of the trees most recently arked b the City tree inspector, in Y Y Y P accordance with approved procedures. It is anticipated that this resolution will be submitted for Council consideration each meeting during the summer and all as new trees are marked. RECOMMENDED CITY COUNCIL ACTION It is recommended the Council adopt the attached resolution. Member introduced the following esolution g i and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES (ORDER NO. DST 07/22/91 ) WHEREAS, a Notice to Abate Nuisance and Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners twenty (20) days to remove diseased trees on the owners' property; and WHEREAS, the City can expedite the removal of these diseased trees by declaring them a public nuisance: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that: 1. The diseased trees at the following addresses are hereby declared to be a public nuisance: TREE PROPERTY OWNER PROPERTY ADDRESS NUMBER ---------------------- - - - - -- ----------------------- - - - - -- -- - - - - -- KARL & MARY GERSTNER 2807 NASH RD 148 GARY KIVI 3112 MUMFORD RD 149 DAN RAUSTADT 3313 MUMFORD RD 150 DENNIS & BEVERLY BATTY 3319 MUMFORD RD 151 JON & PAMELA HAUGHEY 3312 MUMFORD RD 152 THI LE PHUONG 3412 62ND AVE N 153 JOHN & LEONA LESCAULT 3507 62ND AVE N 154 TROY SEUFERT 4921 63RD AVE N 155 ROY & DORIS SWANSON 6100 QUAIL AVE N 156 ROY & ALYCE PETERSON 3800 66TH AVE N 157 HARLAN VAN HEEL / MnDOT BROOKLYN BLVD /I -694 158 BARBARA SORG 6117 CAMDEN AVE N 159 SHINGLE CREEK LAND CO. XERXES /FREEWAY 160 BEVERLY TODD 6343 ORCHARD AVE N 161 RICHARD /MARY JANE ROERING 6412 ORCHARD AVE N 162 JAY & BARBARA JACOBSON 5340 CAMDEN AVE N 163 RICHARD & LINDA OELFKE 5507 FRANCE AVE N 164 RICHARD & LINDA OELFKE 5507 FRANCE AVE N 165 MNDOT / HARLAN VAN HEEL FRANCE /WEST HWY 100 166 JULIE GRUENHAGEN 5134 EWING AVE N 167 LLOYD & MARY BACH 3219 QUARLES RD 168 ETHEL ANDERSON 600 53RD AVE N 169 JAMES & AGATHA ECKMAN 5624 HUMBOLDT AVE N 170 JAMES & AGATHA ECKMAN 5624 HUMBODLT AVE N 171 JOHN & BONITA MASER 6233 BRYANT AVE N 172 RUTH BEGGS 6230 COLFAX AVE N 173 CITY OF BC 5101 FRANCE AVE N 174 RESOLUTION NO. WARREN & FLORENCE BIORN 5344 E TWIN LAKE BLVD 175 THEODORE /PAULINE ANDERSON 6224 BROOKLYN DR 176 JON & PAMELA HAUGHEY 3312 MUMFORD RD 177 LEANDER & EUNICE LESSER 3301 68TH AVE N 178 PATRICIA HALL 3219 68TH AVE N 179 IND. SCHOOL DIST. 286 5900 HUMBOLDT AVE N 180 DARRIN & SUSAN MITCHELL 5350 IRVING AVE N 181 R. JOHNSON /L. KUNNICK 5324 BRYANT AVE N 182A STEVEN & RENEE MCNALLY 5320 BRYANT AVE N 182B WAYNE & GLORIA PITSCHKA 4401 WOODBINE LA 183 THEODORE & HOPE ARNESON 6837 REGENT AVE N 184 TIMOTHY & MELANIE LOHR 6825 REGENT AVE N 185 NORTHPORT PROPERTIES 5401 BROOKLYN BLVD 186 NORTHPORT PROPERTIES 5401 BROOKLYN BLVD 187 ARDEN HILL PROPERTIES 7100 BROOKLYN BLVD 188 CITY OF B.C. 6100 MAJOR AVE N 189 BRUCE THORSON 3613 URBAN AVE 190 TERESA LEHMAN 3013 O'HENRY RD 191 RONDA KUSS 5807 EMERSON AVE N 192 DAVID & JODY BRANDVOLD 5345 COLFAX AVE N 193 JUNE DULAC 5449 COLFAX AVE N 194 ARLENE ANTOLAK 5615 DUPONT AVE N 195 2. After twenty (20) days from the date of the notice, the property owner(s) will receive a second written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. All removal costs, including legal, financing, and administrative charges, shall be specially assessed against the property. Date Mayor ATTEST: Deputy City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: CITY OF BROOKLYN CENTER Council Meeting Date 7/22/91 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION PROVIDING FOR HEARING ON PROPOSED ASSESSMENTS FOR DISEASED SHADE TREE REMOVAL COSTS, PUBLIC UTILITY HOOKUP CHARGES, DELINQUENT PUBLIC UTILITY ACCOUNTS, AND DELINQUENT WEED REMOVAL COSTS DEPT. APPROVAL: Sy Knapp, DirectKr of Public Works MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes The purpose of this resolution is to order a public hearing on Monday, September 9, 1991, at 8:00 p.m. local time, to hear and pass upon all objections, if any, to the proposed special assessments for tree removal costs, public utility hookup charges, delinquent public utility accounts, and delinquent weed removal accounts. All trees have been declared a public nuisance in past City Council resolutions, and the trees have been removed by the City's tree contractor in accordance with established policy. Public utility hookup property owners have signed agreements requesting these charges be assessed. Delinquent public utilities account property owners have received notice of delinquent account in accordance with the established collection policy and have not made payment. Delinquent weed destruction account property owners have received notice of delinquent account in accordance with the established collection policy and have not made payment. Weed destruction charges have been pended as assessments against the affected properties since Fall, 1989, so these charges are made known to future property owners at the time of sale. r • Future council actions include the public hearing at the specified date and adoption of the resolution to certify the special assessment levy rolls with Hennepin County. RECOMMENDED CITY COUNCIL ACTION It is hereby recommended that the City Council adopt the attached resolution to hold a public hearing on these special assessments. r Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION PROVIDING FOR HEARING ON PROPOSED ASSESSMENTS FOR DISEASED SHADE TREE REMOVAL COSTS, PUBLIC UTILITY HOOKUP CHARGES, DELINQUENT PUBLIC UTILITY ACCOUNTS, AND DELINQUENT WEED REMOVAL COSTS BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. A hearing shall be held on the 9th day of September, 1991 in the City Hall at 8:00 p.m. to pass upon the proposed assessments for the following charges: Diseased Shade Tree Removal Costs Public Utility Hookup Charges Delinquent Public Utility Accounts Delinquent Weed Destruction Accounts 2. The City Clerk with the assistance of the Director of Public Works shall forthwith prepare assessment rolls for the above charges, and shall keep them on file and open to inspection by any interested persons. 3. The City Clerk is directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing. 4. The City Clerk shall cause mailed notice to be given to the owner of each parcel described in such assessment rolls not less than two weeks prior to the hearing. 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 SPECIAL ASSESSMENT ROLL July 22, 1991 PROJECT INFORMATION LEVY INFORMATION Improvement Project No.: 1990 -13 Levy No.: 12192 Description: Cost of diseased tree removal to Fund /Code No.: 17/029 those tracts or parcels where trees were removed in 1990, by written Levy Description: TREE REMOVAL 91 -3 agreement with the property owner or by order of the City Tree Inspector at a cost of $300 or less. Levy runs three (3) years at an interest rate of ten Location: Various City Locations (10) percent. First payment, with property taxes payable in 1992, Improvement Hearing Date: N/A shall include fifteen (15) whole months' interest. Improvement Ordered On: March 12, 1990 By Resolution No.: 90 -46 Assessment Hearing Date: September 9, 1991 Assessment District: N/A Adopted On: By Resolution No.: Method of Apportionment: Direct cost, interest, and administrative costs Corrections, Deletions, Or Deferments: Cost Summary From Resolution No: N/A TOTAL IMPROVEMENT COST: N/A Less Direct City Share: Less Other Payments: TOTAL TO BE ASSESSED: $5,517.00 City Property: Other Public Property: Private Property: $5,517.00 01 PREI!IP CITY OF BROOKLYN CENTER PAGE 2 OF 5 SPECIAL ASSESSMENT CERTIFICATION ROLL TREE REMOVAL 91 -3 MUNICIPAL CODE NO. 22 PROPERTYASSESSED OWNER ADDITIONAL NOTIFICATIO LEVY PROPERTY ADDN. Address Name Name NO. IDENTIFICA NO. NO. AMOUNT Legal Description Mailin Address Mailin Ad 12192 01- 118 -21 -23 -0057 $251.00 5812 Humboldt Ave N DARRELL MCCANN /ALEXCIA SEWREON 5812 Humboldt Ave N Brooklyn Center, MN 55430 01- 118 -21 -32 -0053 $245.00 5539 Girard Ave N RANDALL LUNDSTEN 5539 Girard Ave N Brooklyn Center, MN 55430 01- 118 -21 -32 -0121 $287.00 1313 — 57th Ave N COURTNEY & JULIE SMITH 1313 — 57th Ave N Brooklyn Center, MN 55430 01- 118 -21 -42 -0008 $209.50 5530 Lyndale Ave N VIRGINIA HEDBERG 5530 Lyndale Ave N Brooklyn Center, MN 55430 i 02- 118 -21 -34 -001 $206.00 2401 — 55th Ave N JOHN MERKEL 2401 — 55th Ave N Brooklyn Center, MN 55430 02-118-21-42-0002 $245.00 5601 Logan Ave N DANIEL & GEORGETTE KITCHIN 5601 Logan Ave N Brooklyn Center, MN 55430 02- 118 -21 -42 -0077 $176.00 5607 Judy Lane JEFFREY ERICKSEN 5607 Judy Lane Brooklyn Center, MN 55430 02- 118 -21 -43 -0075 $206.00 2018 — 55th Ave N GEORGE & SANDRA NORRIS 2018 — 55th Ave N Brooklyn Center, MN 55430 CITY OF BROOKLYN CENTER PAGE 3 OF 5 SPECIAL ASSESSMENT CERTIFICATION ROLL TREE REMOVAL 91 -3 MUNICIPAL C ODE NO. 22 _ PROPERTYASSESSED OWNER ADDITIONAL NOTIFICATION LEVY PROPERTY ADDN. Address Name Name NO. IDENTIFICATION NO. NO. AMOUNT Legal Description MailingAddress Mailin Address 02- 118 -21 -44 -0108 $251.00 5332 James Ave TANYA & REED OLSON 5332 James Ave Brooklyn Center, MN 55430 03- 118 -21 -13 -0025 $293.50 5827 Drew Ave N KEITH & CYNTHIA TUTTLE 5827 Drew Ave N Brooklyn Center, MN 55429 i 03- 118 -21 -24 -0041 $176.00 3801 France Place MARK MUNDALE 3801 France Place Brooklyn Center, MN 55429 10- 118 -21 -14 -0009 $176.00 3310 — 50th Ave N KEVIN & CINDY WHELAN 3310 — 50th Ave N Brooklyn Center, MN 55429 25- 119 -21 -32 -0001 $245.00 1101 — 73rd Ave N ALVIN & FLORENCE POLFUS 1101 — 73rd Ave N Brooklyn Center, MN 55444 25- 119 -21 -42 -0059 $152.00 7200 Camden Ave N VILLAGE PROPERTIES - % Ken Solie 2817 Silver Lane NE Minneapolis, MN 55421 27-119-21-31-0066 $176.00 7225 Halifax Ave N WILLIAM & ALICE SKOWRONEK 7225 Halifax Ave N Brooklyn Center, MN 55429 7- 119 -21 -42 -0033 $176.00 3606 Woodbine Lane JAMES MOSSER 3606 Woodbine Lane Brookl n Center, MN 55429 P RE I I CITY OF BROOKLYN CENTER PAGE 4 OF — 5 SPECIAL ASSESSMENT CERTIFICATION ROLL TREE REMOVAL 91 -3 MUNICIPAL CODE NO. 22 PROPERTYASSESSED OWNER ADDITIONAL NOTIFICATION LEVY PROPERTY ADDN. Address Name Name NO. IDENTIFICATION NO. NO. AMOUNT Legal Description Mailing Address Mailing Add 7- 119 -21 -42 -0076 $277.00 3506 — 72nd Ave N KENNETH & TAMI BADOIS 3506 — 72nd Ave N Brooklyn Center, MN 55429 8- 119 -21 -44 -0020 $156.00 7025 Perry Ave N BARBARA RADEMAKER 7025 Perry Ave N Brooklyn Center, MN 55429 33-119-21-11-0055 $251.00 6733 Perry Ave N GREGORY LITZAU 6733 Perry Ave N Brooklyn Center, MN 55429 33-119-21-11-0094 $206.00 6806 Regent Ave N REBECCA CHILDERS 6806 Regent Ave N Brooklyn Center, MN 55429 33-119-21-13-0015 $176.00 6518 Unity Ave N GARY & GLORIA JOHNSON 6518 Unity Ave N Brooklyn Center, MN 55429 33-119-21-44-0032 $176.00 6119 Quail Ave N ROBERT & GLORIA NYLAND 6119 Quail Ave N Brooklyn Center, MN 55429 34-119-21-13-0057 $287.00 6532 Drew Ave N MICHAEL& R'LOU HENRY 6532 Drew Ave N Brooklyn Center, MN 55429 1!. �'`� ###����R • t ie' 'f �i I :� i {y :3 y.. '�,' CITY OF BROOKLYN CENTER PAGE 5 OF 5 SPECIAL ASSESSMENT CERTIFICATION ROLL TREE REMOVAL 91 -3 MUNICIPAL CODE NO. 22 PROPERTY ASSESSED OWNER ADDITIONAL NOTIFICATIO LEVY PROPERTY ADDN. Address Name Name NO. IDE NTIFICATION NO. NO. AMOUNT L egal Descri ption Mailing Address Mailin Addre _ 34 -119-21-31-0100 $105.00 6300 Indiana Ave N ZIAD & MAGEDA WAZWAZ 6300 Indiana Ave N Brooklyn Center, MN 55429 34 -119-21-43-0020 $206.00 3501 — 63rd Ave N ALTON & GEORGIANNA PROCTOR 3501 — 63rd Ave N Brooklyn Center, MN 55429 I 4- 119 -21 -44 -0057 $206.00 3319 Mumford Rd DENNIS & BEVERLY BATTY 3319 Mumford Rd Brooklyn Center, MN 55429 $5,517.00 0 CITY OF BROOKLYN CENTER SP ASSESSMENT ROLL July 22, 1991 PROJECT INFORMATION LEVY INFORMATION Improvement Project No.: 1990 -13 Levy No.: 12193 Description: Cost of diseased tree removal to Fund /Code No.: 17/030 those tracts or parcels where trees were removed in 1990, by written Levy Description: TREE REMOVAL 91 -5 agreement with the property owner or by order of the City Tree Inspector at a cost of greater than $300. Levy runs five (5) years at an interest rate of ten Location: Various City Locations (10) percent. First payment, with property taxes payable in 1992, Improvement Hearing Date: N/A shall include fifteen (15) whole months' interest. Improvement Ordered On: March 12, 1990 By Resolution No.: 90 -46 Assessment Hearing Date: September 9, 1991 Adopted On: Assessment District: N/A By Resolution No.: Method of Apportionment: Direct cost, interest, and administrative costs Corrections, Deletions, Or Deferments: Cost Summary From Resolution No: N/A TOTAL IMPROVEMENT COST: N/A Less Direct City Share: Less Other Payments: TOTAL TO BE ASSESSED: $19,248.50 City Property: Other Public Property: Private Property: $19,248.50 + E I CITY OF BROOKLYN CENTER PAGE 2 OF 6 SPECIAL ASSESSMENT CERTIFICATION ROLL TREE REMOVAL 91 -5 MUNICIPAL CODE NO. 22 _ PROPERTYASSESSED OWNER ADDITIONAL NOTIFICATIO LEVY PROPERTY ADDN. Address Name Name NO. IDENTIFICATION NO. NO. AMOUNT Leg Descrip Mailing Address Mailing Addres 12193 01-118-21-12-0018 $527.00 5900 Camden Ave N PATTY ZOERB 5900 Camden Ave N Brooklyn Center, MN 55430 01-118-21-21-0009 $507.00 5905 Camden Ave N JEFFREY KJELDAHL 5905 Camden Ave N Brooklyn Center, MN 55430 01-118-21-31-0080 $579.00 5532 Dupont Ave N ROBERT & HELEN WENDLING 5532 Dupont Ave N Brooklyn Center, MN 55430 01- 118 -21 -31 -008 $598.00 827 — 57th Ave N PAUL & MARCIA WINTER 827 — 57th Ave N Brooklyn Center, MN 55430 01-118-21-32-0082 $675.00 5527 Dupont Ave N RICHARD & ELAINE CAMERON 5527 Dupont Ave N Brooklyn Center, MN 55430 01-118-21-33-0020 $634.00 5321 Girard Ave N LESTER & HOLLY WELCH 5321 Girard Ave N Brooklyn Center, MN 55430 01-118-21-33-0106 $444.00 5418 Fre mont Ave N JOSEPH BENVER 5418 Fremont Ave N Brooklyn Center, MN 55430 01- 118- 21 -33 -01 $377.00 5308 Emerson Ave N CARLIN SHEFVELAND 5807 Lyndale Ave N Brooklyn Center, MN 55430 P 11 E L I CITY OF BROOKLYN CENTER PAG OF SPECIAL ASSESSMENT CERTIFICATION ROLL TREE REMOVAL 91 -5 MUNICIPAL CODE NO. 22 PROPERTYASSESSED OWNER ADDITIONAL NOTIFICATION LEVY PROPERTY ADDN. Address Name Name NO. IDENTIF NO. NO. AMOUNT Le al Descri ption Mailing Add Mailin Address 01-118-21-34-0050 $467.00 5448 Colfax Ave N THOMAS & ELEANOR TOWNSEND 5448 Colfax Ave N Brooklyn Center, MN 55430 01-118-21-34-0114 $392.00 5448 Dupont Ave N RONALD & RUTH SHODEEN 8767 Peony Lane Maple Grove, MN 55369 01-118-21-42-0009 $639.50 5524 Lyndale Ave N SUBURBAN HENNEPIN PARKS 12615 Co. Rd. 9 Plymouth, MN 55369 02-118-21-41-0010 $467.00 5563 Humboldt Ave N JEFFREY & KAYMARIE RACETfE 5563 Humboldt Ave N Brooklyn Center, MN 55430 02-118-21-41-0073 $377.00 5619 Knox Ave N JILL MELEK 5619 Knox Ave N Brooklyn Center, MN 55430 02-118-21-41-0113 $377.00 5540 Knox Ave N STEVEN & MARLA GEMAR 5540 Knox Ave N Brooklyn Center, MN 55430 02- 118 -21 -42 -0018 $659.00 5524 Morgan Ave N JAMES QUAYLE, JR. 5524 Morgan Ave N Brooklyn Center, MN 55430 02- 118 -21 -44- 0031 $467.00 1821 — 55th Ave N THOMAS ZETfERVALL 1821 — 55th Ave N Brooklyn Center, MN 55430 0 0 plqlll 1 :i R CITY OF BROOKLYN CENTER PAGE 4 OF 6 SPECIAL ASSESSMENT CERTIFICATION ROLL TREE REMOVAL 91 -5 MUNICIPAL CODE NO. 22 PROPERTYASSESSED OWNER ADDITIONAL NOTIFICATIO LEVY PROPERTY ADDN. Address Name Name NO. IDENTIFICATION NO. NO. AMOUNT Legal Description Mailinq Address Mailin Addre 02- 118- 21 -44- 0116 $377.50 5332 Irving Ave N MICHAEL & BRENDA HELD 5332 Irving Ave N Brooklyn Center, MN 55430 02- 118- 21 -44- 0119 $387.00 5350 Irving Ave N DARREN & SUSAN MITCHELL 5350 Irving Ave N Brooklyn Center, MN 55430 03- 118- 21 -21- 0119 $378.00 4207 — 61 st Ave N MARGARET EIDE 4207 — 61 st Ave N Brooklyn Center, MN 55429 3- 118 -21 -43 -0022 $759.00 3712 53rd Place N GREGORY HORNER 3712 53rd Place N Brooklyn Center, MN 55429 03- 118 -21 -43 -0031 $507.00 5361 Northport Dr PHILLIP COMMERS 5361 Northport Dr Brooklyn Center, MN 55429 10- 118- 21 -13- 0013 $467.00 3321 — 50th Ave N JANET & MICKEY DRAUSE 3321 — 50th Ave N Brooklyn Center, MN 55430 10- 118- 21 -21- 0043 $317.00 5205 E. Twin Lake Blvd ROBERT & CATHERINE LORVICK 5205 E. Twin Lake Blvd Brooklyn Center, MN 55429 5 119 - 21 - 31 - 0096 $627.00 1019 — 73rd Ave N PATRICK READY % Jeanette Ready 4348 — 29th Ave S Minneapolis MN 55406 1,w E� CITY OF BROOKLYN CENTER PAGE 5 OF 6_ SPECIAL ASSESSMENT CERTIFICATION ROLL TREE REMOVAL 91 -5 MUNICIPAL CODE NO. 22 PROPERTYASSESSED OWNER ADDITIONAL NOTIFICATIO LEVY PROPERTY ADDN. Address Name Name NO. IDENTIF ICATION NO. NO. AMOUNT Le al Description Mailin Address Maili 25- 119 -21 -32- 0009 $467.00 7208 Fremont Ave N TIMOTHY L. ROCKERS 7208 Fremont Ave N Brooklyn Center, MN 55430 25- 119- 21 -33- 0031 $392.00 7013 Emerson Ave N PEGGY A. WHITE 7013 Emerson Ave N Brooklyn Center, MN 55430 25- 119 -21 -33- 0083 $429.00 1120 — 69th Ave N BRIAN HUNT 1120 — 69th Ave N Brooklyn Center, MN 55430 25- 119- 21 -34- 0008 $507.00 720 — 69th Ave N ROBERT & MARY O'DONNELL 720 — 69th Ave N Brooklyn Center, MN 55430 26 -119-21-41-0094 $444.00 1619 — 73rd Ave N ALLAN & NANCY JOHNSON 1619 — 73rd Ave N Brooklyn Center, MN 55444 26- 119- 21 -43- 0008 $577.00 6906 Morgan Ave N SHARON STA— MARIA 6906 Morgan Ave N Brooklyn Center, MN 55430 6- 119- 21 -44- 0065 $377.00 7013 Humboldt Ave N CHARLES & LAUREL HURLEY 7013 Humboldt Ave N Brooklyn Center, MN 55430 33- 119- 21 -12- 0089 $468.00 6843 Regent Ave N RAYMOND & DONNA SWANSON 6843 Regent Ave N Brooklyn Center, MN 55429 34- 119 -21 -13- 0009 $392.00 6520 Brooklyn Blvd PHYLLIS OWENS 6520 Brooklyn Blvd J Brooklyn Center, MN 55429 CITY OF BROOKLYN CENTER PAGE 6 OF 6 SPECIAL ASSESSMENT CERTIFICATION ROLL TREE REMOVAL 91 -5 MUNICIPAL CODE N0.22 PROPERTYASSESSED OWNER ADDITIONAL NOTIFICATION LEVY PROPERTY ADDN. Address Name Name NO. IDENTIFICATION NO. NO. AMOUNT Leg Descri Mailing dress Maili Address _ 34- 119 -21 -13 -0073 $377.00 6530 Chowen Ave N THOMAS & LISA BREKKE 6530 Chowen Ave N Brooklyn Center, MN 55429 34- 119 -21 -23- 0006 $465.00 4318 — 66th Ave N PHILIP & CAROL DELL 4318 — 66th Ave N Brooklyn CEnter, MN 55429 34- 119 -21 -33- 0001 $819.00 4301 — 63rd Ave N DAVINA LEMBCKE 4301 — 63rd Ave N Brooklyn Center, MN 55429 34- 119 -21 -42 -0007 $577.00 6301 Brooklyn Blvd DONALD BLOM 6301 Brooklyn Blvd Brooklyn Center, MN 55429 36- 119 -21 -12- 0015 $444.50 6724 Willow Ln N LYLE SCHMICKLE 6724 Willow Ln N Brooklyn Center, MN 55430 36- 119 -21 -21- 0020 $507.00 6844 Colfax Ave N JAMES BAUMGARTNER 6844 Colfax Ave N Brooklyn Center, MN 55430 $19,248.50 CITY OF BROOKLYN CENTi SPECIAL ASSESSM RO LL July 22, 1991 PROJECT INFORMATI LEVY INFORMATION Improvement Project No.: N/A Levy No.: 12196 Description: Charges established for hookup to City water Fund /Code No.: 72/115 Levy Description: WATER HOOKUP 91 Levy runs ten (10) years at an interest rate of ten Location: Various City Locations (10) percent. First payment, with property taxes payable in 1992, Improvement Hearing Date: N/A shall include fifteen (15) whole months' interest. Improvement Ordered On: N/A By Resolution No.: N/A Assessment Hearing Date: September 9, 1991 Assessment District: N/A Adopted On: By Resolution No.: I ' Method of Apportionment: Charges as established in Utility Hookup Agreements Corrections, Deletions, Or Deferments: Cost Summary From Resolution No: N/A TOTAL IMPROVEMENT COST: N/A Less Direct City Share: Less Other Payments: TOTAL TO BE ASSESSED: $32,261.00 City Property: Other Public Property: Private Property: $32,261.00 CITY OF BROOKLYN CENTER PAGE 2 OF 2 SPECIAL ASSESSMENT CERTIFICATION ROLL WATER HOOKUP 91 MUNICIPAL C ODE NO. 22 _ PROPERTYASSESSED OWNER ADDITIONAL NOTIFICATION LEVY PROPERTY ADDN. Address Name Name NO. I DENTIFICATION NO. NO. AMOUNT Legal D escripti on M ailing Address Mailing Add 12196 02-118-21-43-0138 $2,200.00 5315 MORGAN AVE N MICHAEL KORMAN, et al Lot 2, Block 1, KORMAN'S ADDITION TWIN VIEW MEADOWS: TWIN VIEW DEVLPMNT, INC 10- 118- 21 -24 —? $1,202.44 Lot 1, Block 1 10- 118- 21 -24 —? $1,202.44 Lot 2, Block I 10- 118- 21 -24 —? $1,202.44 Lot 3, Block 1 10- 118- 21 -24 —? $1,202.44 Lot 4, Block 1 10- 118- 21 -24 —? $1,202.44 Lot 5, Block 1 10- 118- 21 -24 —? $1,202.44 Lot 6, Block 1 10- 118- 21 -24 —? $1,202.44 Lot 7, Block 1 10- 118- 21 -24 —? $1,202.44 Lot 8, Block 1 10- 118- 21 -24 —? $1,202.44 Lot 9, Block 1 10- 118- 21 -24 —? $1,202.44 Lot 10, Block 1 10- 118- 21 -24 —? $1,202.44 Lot 11, Block 1 10- 118- 21 -24 —? $1,202.44 Lot 12, Block 1 10- 118- 21 -24 —? $1,202.44 Lot 1, Block 2 10- 118- 21 -24 —? $1,202.44 Lot 2, Block 2 10- 118- 21 -24 —? $1,202.44 Lot 3, Block 2 10- 118- 21 -24 —? $1,202.44 Lot 4, Block 2 10- 118- 21 -24 —? $1,202.44 Lot 5, Block 2 10- 118- 21 -24 —? $1,202.44 Lot 6, Block 2 10- 118- 21 -24 —? $1,202.44 Lot 7, Block 2 10- 118- 21 -24 —? $1,202.44 Lot 8, Block 2 10- 118- 21 -24 —? $1,202.44 Lot 9, Block 2 10- 118- 21 -24 —? $1,202.44 Lot 10, Block 2 10- 118- 21 -24 —? $1,202.44 Lot 11, Block 2 10- 118- 21 -24 —? $1,202.44 Lot 12, Block 2 10- 118- 21 -24 —? $1,202.44 Lot 13, Block 2 $32,261.00 CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT ROLL July 22, 1991 PROJECT INFORMATION LEVY INFORMATION Improvement Project No.: N/A Levy No.: 12197 Description: Charges established for hookup to City Fund /Code No.: 72/116 sanitary sewer system Levy Description: SEWER HOOKUP 91 Levy runs ten (10) years at an interest rate of ten Location: Various City Locations (10) percent. First payment, with property taxes payable in 1992, Improvement Hearing Date: N/A shall include fifteen (15) whole months' interest. Improvement Ordered On: N/A By Resolution No.: N/A Assessment Hearing Date: September 9, 1991 Assessment District: N/A Adopted On: By Resolution No.: Method of Apportionment: Charges as established in Utility Hookup Agreements Corrections, Deletions, Or Deferments: Cost Summary From Resolution No: N/A TOTAL IMPROVEMENT COST: N/A Less Direct City Share: Less Other Payments: TOTAL TO BE ASSESSED: $980.95 City Property: Other Public Property: Private Property: $980.95 0 P R E L I 1� iR f CITY OF BROOKLYN CENTER PAGE 2 OF 2 SPECIAL ASSESSMENT CERTIFICATION ROLL SEWER HOOKUP 91 MUNICIPAL CODE NO. 22 PROPERTY ASSESSED OWNER ADDITIONAL NOTIFICATIO LEVY PROPERTY ADDN. Address Name Name NO. IDENTIFICATION NO. NO. AMOUNT Legal Descri tion Mailing Addre Mailing Addre 12197 02- 118 -21 -43 -0138 $980.95 5315 MORGAN AVE N MICHAEL KORMAN, et al Lot 2, Block 1, KORMAN'S ADDITION 0 0 0 CITY OF BROOKLYN CENTER SPECI ASSESSMENT ROLL July 22, 1991 PROJECT INFORMATION LEVY INFORMATION Improvement Project No.: N/A Levy No.: 12194 Description: Delinquent Public Utility Charges Fund /Code No.: 72/114 Levy Description: DELINQUENT PUB UTIL 91 Levy runs one (1) year at an interest rate of ten Location: Various City Locations (10) percent. First payment, with property taxes payable in 1992, Improvement Hearing Date: N/A shall include fifteen (15) whole months' interest. Improvement Ordered On: N/A By Resolution No.: N/A Assessment Hearing Date: September 9, 1991 Assessment District: N/A Adopted On: By Resolution No.: Method of Apportionment: Direct cost and administrative costs Corrections, Deletions, Or Deferments: Cost Summary From Resolution No: N/A TOTAL IMPROVEMENT COST: N/A Less Direct City Share: Less Other Payments: TOTAL TO BE ASSESSED: $2,027.21 City Property: Other Public Property: Private Property: $2,027.21 P PIE I I M It A I V CITY OF BROOKLYN CENTER PAGE 2 OF 2 SPECIAL ASSESSMENT CERTIFICATION ROLL DELINQUENT PUBLIC UTILITY ACCOUNTS 91 MUNICIPAL CODE NO. 22 PROPERTY ASSESSED OWNER ADDITIONAL NOTIFICATION LEVY PROPERTY ADDN. Address Name Name NO. IDENTIFICATION NO. NO. AMOUNT Legal Description Mailing Address Mailing Address 12194 02- 118 -21 -44 -013 $225.66 5419 Humboldt Ave N LAWRENCE MICKELSON 5419 Humboldt Ave N Brooklyn Center, MN 55430 25- 119 -21 -43 -004 $1,051.73 407 — 70th Ave N GERALD McGUIRE 1717 Parkshore Dr Apt 3100 Arden Hills, MN 55112 33-119-21-11-0084 $145.67 6718 Quail Ave N DENNIS KOSKELA 6718 Quail Ave N Brooklyn Center, MN 55429 35-119-21-12-0013 $299.11 6707 Shingle Creek Pkwy SHINGLE CREEK BUS. CENTER 6155 Earle Brown Dr Brooklyn Center, MN 55430 36- 119 -21 -22 -0111 $305.04 1338 — 67th Lane LYNN PIHL 1338 — 67th Lane Brooklyn Center, MN 55430 $2, 027.21 CITY OF BROOKLYN CENTER SPE ASSESSMENT ROL July 22, 1991 PROJECT INFORMATION LEVY INFORMATION Improvement Project No.: N/A Levy No.: 12195 Description: Weed Removal Costs Fund /Code No.: 01/027 Levy Description: WEED DESTRUCTION 91 Levy runs one (1) year at an interest rate of ten Location: Various City Locations (10) percent. First payment, with property taxes payable in 1992, Improvement Hearing Date: N/A shall include fifteen (15) whole months' interest. Improvement Ordered On: N/A By Resolution No.: N/A Assessment Hearing Date: September 9, 1991 Assessment District: N/A Adopted On: By Resolution No.: Method of Apportionment: Direct cost and administrative costs Corrections, Deletions, Or Deferments: Cost Summary From Resolution No: N/A TOTAL IMPROVEMENT COST: N/A Less Direct City Share: Less Other Payments: TOTAL TO BE ASSESSED: $1,501.25 City Property: Other Public Property: Private Property: $1,501.25 CITY OF BROOKLYN CENTER PAGE OF SPECIAL ASSESSMENT CERTIFICATION ROLL WEED DESTRUCTION 91 MUNICIPAL CODE NO. 22 PROPERTY ASSESSED OWNER ADDITIONAL NOTIFICATION LEVY PROPERTY ADDN. Address Name Name NO. IDEN TIFICATION NO. NO. AMOUNT Legal Description Mailing Address Mailing Addr 01- 118 -21 -32 -0047 $270.00 5650 HUMBOLDT AVE N GEORGE DUNN 5650 Humboldt Ave N Brooklyn Center, MN 55430 01- 118 -21 -33 -0071 $50.00 5448 HUMBOLDT AVE N FRANCIS & LORI KAAS 5448 Humboldt Ave N Brooklyn Center, MN 55430 01- 118 -21 -33 -0147 $85.00 5302 EMERSON AVE N ROGER KLINGENSMITH 5302 Emerson Ave N Brooklyn Center, MN 55430 02- 118 -21 -34 -0032 $85.00 5400 QUEEN AVE N DALE BOULAIS 5400 Queen Ave N Brooklyn Center, MN 55430 10- 118 -21 -32 -0058 $50.00 4747 TWIN LAKE AVE N DELBERT BRUCE 4747 Twin Lake Ave N Brooklyn Center, MN 55429 28- 119 -21 -41 -0126 $50.00 4800 — 71 STAVE N GEORGIA DAVIS 4800 — 71 st Ave N Brooklyn Center, MN 55429 28- 119 -21 -41 -0210 $93.75 7223 BROOKLYN BLVD ROBERT & MARCENE JOHNSON 3215 — 32nd Ave N Minneapolis, MN 55430 rrpp �4� • icy � � � � � : � i r r. -s " o i i f i y } 5 {t l� y a CITY OF BROOKLYN CENTER PAGE OF SPECIAL ASSESSMENT CERTIFICATION ROLL WEED DESTRUCTION 91 MUNICIPAL CODE NO. 22 PROPERTY ASSESSED OWNER ADDITIONAL NOTIFICATIO LEVY PROPERTY ADDN. Address Name Name NO. IDENTIFICATION NO. NO. AMOU Legal Description Mailing Address Ma iling Address 34- 119- 21- 42 —OQ06 $50.00 6315 BROOKLYN BLVD MICHAEL & CYNTHIA ADKINS 13640 Alamo Street NE Ham Lake, MN 55304 35- 119 -21 -32 -0094 $102.50 2819 O'HENRY ROAD TAHA ABOUISNAINEH ADLY O'HALLEY 2819 O'Henry Road 2819 O'Henry Road Brooklyn Center, MN 55429 Brooklyn Center, MN 5542 36- 119 -21 -12 -0038 $290.00 VACANT — 69th AVE N DAVID G. EVANSON 2208 — 73rd Ave N Brooklyn Center, MN 55443 36- 119 -21 -13 -0031 $93.75 VACANT — 65th AVE N MARVIN & BETTY NELSON 104 Dorado Court Plant City, FL 33566 36- 119 -21 -13 -0032 $93.75 VACANT — 65th AVE N MARVIN & BETTY NELSON 104 Dorado Court Plant City, FL 33566 36- 119 -21 -13 -0033 $93.75 VACANT — 65th AVE N MARVIN & BETTY NELSON 104 Dorado Court Plant City, FL 33566 36- 119 -21 -42 -0017 $93.75 VACANT — 65th & CAMDEN RUSSELL GILBERTSON $1,501.25 CITY OF BROOKLYN CENTER Council Meeting Date Agenda Item Numbe DDDRCC _ REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION AMENDING THE 1991 GENERAL FUND BUDGET TO ADJUST FOR THE ANTICIPATED SECOND REDUCTION OF LOCAL GOVERNMENT AIDS (LGA) rrrrrrrrrrrrrrrrrr* rrrrrrrr rrrrrrrrrrrrrrrrrrrrrrrrrrr •+rrrrrrr DEPARTMENT APPROVAL rrrr**rrrrrr.' (201- Director of Finance Signature - title ►*, t*, t*, t*, r**, r, r*, tt * * * *+t # * *##f *� *r!r * * *f * * * * * ** f ,t,t MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: # * # * * * * * ** (supplemental sheets attached �) The attached resolution lists $128,803 in 1991 budget cuts to accommodate the most recent reductions to Brooklyn Center's Local Government Aid (LGA) by the State Legislature and Governor. The City's original estimate of 1991 LGA was $1,955,069. The first reduction of $145,042 will be withheld from the July 20 LGA distribution. The City Council adjusted the budget for that reduction on February 25. The next reduction, in the amount of $128,803, will be withheld from the December 15 distribution. The budget reductions are as follows: City Manager's Office Reorganization $ 24,967 Reduced Electrical Rates (Rate Increase Denied) 20,486 Parks Maintenance Position Not Replaced (6 Months) 17,350 Reduced Sealcoating 24,000 Reduced Community Development Appropriation 5,000 Reduced Training and Conferences 3,000 Reduced Assessing Part -Time Hours 4,000 Reduced Contingency Appropriation 30,000 Total Reductions $ 128,803 STAFF RECOMMENDATION -------------------- Staff recommends that the Council pass the resolution authorizing the budget cuts. SPECIFIC ACTION REQUIRED BY THE CITY COUNCIL -------------------------------------------- Pass the attached resolution amending the 1991 General Fund Budget. Poi (DD091BA) Member introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1991 GENERAL FUND BUDGET TO ADJUST FOR THE ANTICIPATED SECOND REDUCTON OF LOCAL GOVERNMENT AIDS (LGA) ---------------------------------------------------------------------------- WHEREAS, the City of Brooklyn Center does anticipate that its local government aid (LGA) to be received from the State of Minnesota in 1991 will be reduced by $273,845 from the amount anticipated when the 1991 General Fund Budget was adopted; and WHEREAS, on February 25, 1991, the City Council, upon receiving notification of the first of two LGA reductions, did amend the Budget by reducing appropriations by $145,042; and WHEREAS, upon receiving notification of a second reduction in LGA, it is necessary to reduce appropriations by the balance of $128,803; and WHEREAS, the City Manager has proposed budget adjustments to the City Council based upon suggestions from the City's operating departments; and WHEREAS, the City Council is in agreement with those adjustments. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to amend the 1991 General Fund Budget as follows: 1. Decrease the Following Line Item Appropriations: ----------------------------------------------- City Council: (Eliminated Community Development) Professional Services 01- 4310 - 000 -11 $ 5,000 City Manager's Office: (Reorganization) Salaries, Full -time Employees 01 -4100- 000 -13 $ 18,524 PERA - Combined 01- 4142 - 000 -13 $ 806 Social Security 01- 4144 - 000 -13 $ 1,377 Hospitalization Insurance 01 -4151- 000 -13 $ 1,440 Dental Insurance 01 -4153- 000 -13 $ 120 Professional Services 01- 4310 - 000 -13 $ 2,700 Assessor: (Reduced Part -time Hours) Salaries - Part -time Employees 01 -4130- 000 -15 $ 4,000 Government Buildings: (Reduced Electrical Rates) Electric Service 01- 4371 - 000 -19 $ 5,672 Street Maintenance: (Reduced Sealcoating) Streets Repair 01- 4384 - 000 -42 $ 24,000 Traffic Signals: (Reduced Electrical Rates) Electric Service 01- 4371- 000 -44 $ 2,092 Street Lighting: (Reduced Electrical Rates) Electric Service 01 -4371- 000 -44 $ 14,754 Community Center: (Adjusted Electrical Rates) Electric Service 01- 4371 - 000 -66 $ (4,495) Parks Maintenance: (Reduced 1/2 Maint Person /Reduced Electrical Services) Salaries, Regular Employees 01- 4100 - 000 -69 $ 14,073 PERA - Combined 01 -4142- 000 -69 $ 630 Social Security 01- 4144 - 000 -69 $ 1,076 Hospitalization 01- 4151 - 000 -69 $ 1,440 Life Insurance 01- 4152 - 000 -69 $ 11 Dental Insurance 01 -4153- 000 -69 $ 120 Electric Service 01 -4371- 000 -69 $ 2,463 0 Unallocated Department Expense: Training and Conferences 01 -4411- 000 -80 $ 3,000 Contingency 01- 4995 - 000 -80 $ 30,000 Total Line Item Appropriations Reductions $ 128,803 2. Decrease Estimated Revenue From Local Government Aid: ---------------------------------------------------- Local Government Aid (LGA) 01- 335 - 000 -00 $ 128,803 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: wherepon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date - 7 Agenda Rem Numbe DDDRCC REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION AUTHORIZING THE CITY MANAGER TO WRITE -OFF UNCOLLECTIBLE CHECKS rrrrrrrrrr rrwrrrrrrr rrrrrrrrrrrrrr rrrrrrrrrrr rrrrrr,►rrr�rrr * *yrrt *rrr •rr+**rrr+irrr DEPARTMENT APPROVAL- v c '""� u ' • Director of Finance Signature - title MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Annually, the City Manager asks authorization to write -off uncollectible checks that have been received by the City. Most of these checks were taken by the City's three off -sale liquor stores. Attempts have been made to collect these checks, but all accounts upon which they were written have been closed and we have been unable to locate the writer. The uncollectible checks total $3,688.82. Of this amount, $3,367.3-1 are for the liquor stores; $54.55 for Centerbrook Golf Course; and the remaining $266.96 were taken for various other City services. The dollar amount of checks to be written -off for the liquor stores is very low when compared to the total sales. Total 1990 sales were $2,455,552. The uncollectible checks as a percentage of sales was 0.14 %. The uncollectible checks as a percentage of net income was 3.59%. STAFF RECOMMENDATION --------------- - - - -- Staff recommends that the Council pass the resolution authorizing the write -off. SPECIFIC ACTION REQUIRED BY THE CITY COUNCIL -------------------------------------------- Pass the attached resolution authorizing the City Manager to write -off uncollectible checks. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY MANAGER TO WRITE -OFF UNCOLLECTIBLE CHECKS WHEREAS, the City Manager has reported the following checks made payable to the City of Brooklyn Center are uncollectible because the payers checking accounts upon which they are drawn have been closed and that attempts to locate the payors have been unsuccessful: NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center to authorize the City Manager to write -off from the City records as uncollectible the following checks: CHECK REASON FOR CHECK PAYOR DATED RETURN AMOUNT DISPOSITION ----------------------- - - - - -- -- - - - - -- -------------- - - - - -- - - - - - -- --------------- -- MUNICIPAL LIQUOR STORES: Abel, Gary 01/08/90 Payment Stop 16.25 Collection Agency Amundson, Beverly Jo 05/21/90 Non - Sufficient Funds 8.50 Collection Agency Amundson, Beverly Jo 05/24/90 Non - Sufficient Funds 6.50 Collection Agency Amundson, Beverly Jo 10/12/90 Account Closed 6.50 Letter Anderson, Paul S. 05/04/90 Account Closed 18.61 Collection Agency Bakker, Leah L. 10/29/90 Non - Sufficient Funds 4.11 Letter Barrow, Teresa 12/15/90 Account Closed 13.42 Letter Bates Credit Company 05/12/90 Account Closed 11.60 Collection Agency Bauer, Jonathan R. 03/13/90 Payment Stop 22.33 Collection Agency BBS 01/11/90 Forgery 13.88 Collection Agency Bennett, Renee or Raymond 08/15/90 Non - Sufficient Funds 8.77 Letter Bennett, Shelia A. 07/21/90 Non - Sufficient Funds 4.00 Letter Brady, Toya L. 02/27/90 Account Closed 30.55 Collection Agency Broshat, Nancy 11/10/90 Forgery 94.43 Police Brown, Evette J. 01/27/90 Account Closed 13.33 Collection Agency Brown, Evette J. 01/27/90 Account Closed 23.19 Collection Agency Brown, Kosygin 06/28/90 Refer to Maker 10.03 Collection Agency Bryan, Anthony T. 11/06/90 Non - Sufficient Funds 11.70 Letter Bunch, Crystal A. 11/16/90 Payment Stop 72.98 Letter Burt, Valerie L. 12/09/89 Account Closed 14.46 Collection Agency Carlson, Linda 08/16/90 Account Closed 31.93 Letter Carter, Mary C. 03/22/90 Account Closed 26.02 Collection Agency Christenson, Todd G. 11/02/90 Non - Sufficient Funds 45.82 Letter Clark, Rebecca 12/14/90 Account Closed 63.92 Letter Classic Construction 11/15/90 Non - Sufficient Funds 9.35 Letter Cloak, Melissa L. 02/10/90 Account Closed 17.19 Collection Agency Collins, Daniel G. 07/03/90 Non - Sufficient Funds 19.87 Letter Collins, Lynette D. 10/25/90 Non - Sufficient Funds 3.53 Letter Corneil, L. Earl /Janet A. 11/24/90 Payment Stop 12.50 Letter Cothron, Charles S. /Jones J. 10/18/90 Account Closed 11.59 Letter i Daniels, Eric 02/22/90 Non - Sufficient Funds 10.94 Collection Agency Darcy, James W. 08/03/90 Non - Sufficient Funds 13.97 Letter Davis, Ava & Reed, James E. 07/03/90 Account Closed 13.66 Collection Agency Davis, Sandra /McElhose DeWayne 06/15/90 Non - Sufficient Funds 10.73 Collection Agency Dawson, Daniel S. 11/03/90 Account Closed 17.35 Letter Day, Adina L. 11/23/90 Non - Sufficient Funds 34.14 Letter Daykor Painting & Decorating 10/12/90 Refer to Maker 20.95 Letter Dorn, Michael J. W. 10/10/90 Account Closed 174.27 Police Doze, Christopher E. 01/20/90 Forgery 26.00 Police Duse - Anthony John or Cindy 09/01/90 Account Closed 27.50 Letter Elser, Daniel D. 12/05/90 Non - Sufficient Funds 6.93 Letter Esler, Daniel D. 12/07/90 Non - Sufficient Funds 6.93 Letter Esler, Daniel D. 12/07/90 Non - Sufficient Funds 16.89 Letter Feldman, Jason Todd 01/02/90 Account Closed 41.88 Police Feldman, Jason Todd 12/30/89 Account Closed 23.39 Police French, Harvey L. 03/05/90 Account Closed 52.06 Police George, Roxanne & Olalekan 07/28/90 Non - Sufficient Funds 0.25 Letter Goedtel, David M. 11/03/90 Forgery 174.69 Police Griffin, Sherri Anna 10/27/90 Account Closed 118.08 Police Grones, Mary Jo 10/24/90 Non - Sufficient Funds 10.41 Letter Gross, Ella M. 06/25/90 Account Closed 11.70 Collection Agency Gross, Ella M. 06/23/90 Account Closed 10.68 Collection Agency Heard, Audrey M. 10/09/90 Account Closed 16.36 Letter Heard, Audrey M. 09/01/90 Non - Sufficient Funds 26.45 Letter Higgins, Barbara L. 09/11/90 Account Closed 61.15 Letter Himes, Jason P. 06/05/90 Forgery 32.27 Collection Agency Hodges, Dwight 11/13/90 Non- Sufficient Funds 15.39 Letter Hodges, Dwight A. 11/14/90 Account Closed 2.81 Letter Horn, Tina L. 04/11/90 Non - Sufficient Funds 5.41 Collection Agency Howell, Kevin M. 12/18/90 Account Closed 32.30 Letter Jacobs, Wayne A. 09/28/90 Account Closed 18.66 Letter Jakubik, Tamra W. 08/01/90 Account Closed 29.65 Letter Johnson, Brian K. 08/11/90 Account Closed 34.79 Letter Johnson, Cherie J. 12/05/90 Account Closed 34.47 Police Johnson, Cherie J. 11/23/90 Account Closed 33.66 Police Johnson, Donald 08/20/90 Account Closed 10.68 Letter Johnson, Eunice M. 04/12/90 Account Closed 26.82 Collection Agency Johnson Dennis R. & Carmen J. 10/11/90 Account Closed 6.17 Letter Josephson, Thomas 01/06/90 Account Closed 6.67 Collection Agency Josephson, Thomas 01/12/90 Account Closed 6.67 Collection Agency Josephson, Thomas 01/10/90 Account Closed 18.84 Collection Agency Julin, Jeffrey M. 04/28/90 Account Closed 31.96 Police Julin, Jeffrey M. 03/29/90 Account Closed 14.24 Police Julin, Jeffrey M. 03/28/90 Account Closed 7.58 Police King, Henry F. 10/13/90 Account Closed 63.15 Letter Kingsley, Bethanne 04/07/90 Non - Sufficient Funds 27.32 Collection Agency LaPlante, Davanna or Derak R. 07/01/90 Non - Sufficient Funds 12.67 Letter Lawrence, James J. 11/29/90 Account Closed 7.00 Letter Le, Sinh V. 12/12/90 Refer to Maker 26.13 Letter LeBeau, Amy M. 11/23/90 Non - Sufficient Funds 21.65 Letter Lezail, James L. 06/21/90 Non - Sufficient Funds 3.65 Collection Agency Loftus, Stephen 07/16/90 Non- Sufficient Funds 12.54 Letter Loftus, Stephen 07/20/90 Non - Sufficient Funds 12.54 Letter Loftus, Stephen 07/22/90 Account Closed 18.32 Letter Marbhles, Tonia R. 08/23/90 Non - Sufficient Funds 6.28 Letter McCoy, Curtis 02/01/90 Account Closed 7.26 Collection Agency McCoy, Curtis E. 01/20/90 Non - Sufficient Funds 13.48 Collection Agency Meyers, Deborah J. 12/30/89 Account Closed 28.03 Collection Agency Mickelson, Dale J. 11/17/90 Forgery 17.96 Letter Moe, Robert J. 12/20/90 Non - Sufficient Funds 11.27 Letter Moren, Deneen C. 07/14/90 Non - Sufficient Funds 25.58 Letter Newman, Tamera 12/05/90 Account Closed 8.88 Letter Nisbet, Becky A. 06/12/90 Non - Sufficient Funds 10.73 Collection Agency Olstad, Jay D. 12/15/90 Forgery 42.05 Letter Omas, Michelle K. 01/20/90 Account Closed 35.17 Collection Agency Osifuye, James 0. 12/23/89 Account Closed 31.75 Collection Agency Pansegrau, Ronald Alan 02/26/90 Non - Sufficient Funds 6.93 Collection Agency Pemble, Renee M. 07/06/90 Forgery 91.17 Police Peterson, Scott A. 08/11/90 Account Closed 11.37 Letter Phan, Huy Michael 06/22/90 No Account 62.54 Police Phillips, Elon G /Reva 12/12/90 Non - Sufficient Funds 13.66 Letter Phillips, Elon G /Reva 12/15/90 Non - Sufficient Funds 22.33 Letter Phillips, Elon G /Reva 12/10/90 Non - Sufficient Funds 22.33 Letter Phillips, Elon G /Reva 12/17/90 Account Closed 28.62 Letter Phillips, Elon G /Reva 12/03/90 Non - Sufficient Funds 22.33 Letter Phillips, Sandra 01/29/90 Account Closed 24.37 Collection Agency Phillips, Sandra 01/17/90 Account Closed 19.24 Collection Agency Piepgras, Chad W. 10/11/90 Account Closed 27.32 Letter Piepgras, Chad W. 10/17/90 Account Closed 13.66 Letter Price, Ernest D. 08/11/90 Account Closed 34.81 Letter Price, Ernest D. 08/11/90 Account Closed 31.88 Letter Raymond, Richard W. 12/08/90 Non - Sufficient Funds 40.00 Letter Reyes, Janet 01/31/90 Account Closed 0.53 Police Riviere, Mark A. 11/03/90 Account Closed 27.42 Letter Sayler, Daniel D. 01/31/90 Non - Sufficient Funds 35.00 Collection Agency Schermann, Randall K. 01/17/89 Non - Sufficient Funds 1.00 Collection Agency Schotl, Mark A. 06/28/90 No Account 39.96 Police Schotl, Mark A. 06/29/90 No Account 24.92 Police Schotl, Mark A. 06/30/90 No Account 24.50 Police Sharp, Todd C. 11/02/90 Account Closed 24.46 Letter Sharp, Todd C. 11/13/90 Account Closed 10.00 Letter Simon, Steven C. 03/02/90 Non- Sufficient Funds 20.44 Collection Agency Streitz, Allen Richard 05/21/90 Non - Sufficient Funds 13.66 Collection Agency Streitz, Allen Richard 05/24/90 Non - Sufficient Funds 21.49 Collection Agency Swentik, Darrell L. 07/19/90 Non - Sufficient Funds 16.80 Collection Agency Thedford, Deanna G. 05/16/90 Non - Sufficient Funds 33.75 Collection Agency Thomas, Veronica K. 01/06/90 Non - Sufficient Funds 46.98 Collection Agency Thompson, Robert E. 12/22/89 Forgery 42.02 Police Turner, William 05/19/90 Non - Sufficient Funds 3.82 Police Turner, William 05/19/90 Non - Sufficient Funds 11.70 Police Turner, William 05/25/90 Non - Sufficient Funds 19.94 Police Williams, Andrell 11/02/90 Account Closed 26.67 Letter Zenner, Valerie A. 06/16/90 Forgery 12.64 Police Ziesmer, Kimberly 03/08/90 Non - Sufficient Funds 5.41 Collection Agency Ziesmer, Steven 02/26/90 Account Closed 17.88 Collection Agency Ziesmer, Steven 02/16/90 Account Closed 14.84 Collection Agency Ziesmer, Steven 05/29/90 Account Closed 12.25 Collection Agency MUNICIPAL LIQUOR STORES' TOTALS: 3,367 31 GENERAL FUND: Applied Roofing Systems, Inc. 07/13/90 Non - Sufficient Funds 74.21 Letter Chazmen Property Management 12/08/90 Non - Sufficient Funds 50.00 Letter George, Roxanne & Olalekan 07/30/90 Non - Sufficient Funds 6.00 Letter L Meehan, Glenda A. 02/20/90 Account Closed 6.00 Collection Agency Mitchell, Daniel J. 06/05/90 Non - Sufficient Funds 30.00 Collection Agency Western Star Waterski Show 05/11/90 Non Sufficient Funds 15.75 Collection Agency Whaley, Brent Allen 08/30/90 Account Closed 85.00 Letter GENERAL FUND TOTALS: 266.96 GOLF COURSE FUND: --------------- -- Allen, June 05/20/90 Non - Sufficient Funds 16.04 Collection Agency Daykor Painting & Decorating 06/09/90 Account Closed 6.50 Collection Agency Fitzer, Joseph A. 07/16/90 Non - Sufficient Funds 14.51 Letter Hopman, Kent D. & Kimberly J. 06/08/90 Account Closed 7.50 Collection Agency Hopman, Kent D. & Kimberly J. 06/09/90 Account Closed 10.00 Collection Agency GOLF COURSE FUND TOTALS: 54.55 TOTAL ALL FUNDS: 3,688.82 --------------- - -- - - - - -- Date Mayor ATTEST: Clerk The motion for adoption of the foregoing resolution was duly seconded by member , and upon vote being taken, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Cound! Meeting Date ,_ 7 Agenda ftee Number //r DDDRCC REQUEST FOR COUNCIL CONSIDERATION ***#******,►****t**t* � � * * * * * * * * * * * # *� * *� * * * * # * * * *�►�: *,mot * * # * * * * * * * * ** ITEM DESCRIPTION: RESOLUTION TO ACCEPT A PROPOSAL FROM DCA, INC. TO PROVIDE COBRA ADMINISTRATION SERVICES FOR BENEFIT EARNING EMPLOYEES AND FORMER EMPLOYEES rrrrrrrrrrrrrrrrrrrrrrrr: r rirrrrtrfrryy *rrsrirrets *rrtttsrsrs * *it *i• •rrrt�rrrrrrrr DEPARTMENT APPROVAL- W , L-W�"'�, Director of Finance Signature - tale MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supp lemental sheets attached The Federal Consolidated Omnibus Budget Reconciliation Act (COBRA) and State statutes dictate that the City offer employees and their families the opportunity for a temporary extension of health and life insurance coverage, at group rates, in certain instances where coverage under the plan would otherwise end. Under Federal and Sstate law, spouses and dependent children of employees have the right to continue i ue health dental and life coverage for u to 36 months following 9 P g termination of group coverage if: (1) the individual providing coverage terminates City employment or reduces hours to a non - benefit - earning status and declines continuation coverage for him /herself; (2) the City employee and his /her spouse divorce or legally seperate; (3) the City employee providing coverage to the dependent(s) dies; (4) the employee becomes Medicare eligible; or (5) the dependent child(ren) lose(s) dependent status under the employee's health or dental plan. Because of the complexity of the laws; the continuous changes to the laws; and the danger of failing to notify persons of their rights under the laws (and the ensuing liability for such failure), it has become increasingly time consuming and risky for the City to administer the program under the laws. For that reason, DBA, Inc. has developed a program to administer the laws and, at our request, has submitted a proposal to do so. I have attached those portions of the proposal which describe what services they will perform and the charges for those services. STAFF RECOMMENDATION Staff recommends that the Council accept the proposal. DCA, Inc. is an acknowledged leader in the benefits administration field, has a very professional staff, and keeps abreast of changes in the law. DCA currently administers the Flex Benefit Program for the City and is also the administrator for our LOGIS Health Plan. The risk of not properly notifying dependents of their benefit rights and subsequent liability (i.e. the City having to pay for their uninsured major medical bills), in staff's.opinion, far outweigh the administrative service fees to be charged by DCA. SPECIFIC ACTION REQUIRED BY THE CITY COUNCIL Pass the attached resolution accepting DCA's proposal. i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION TO ACCEPT A PROPOSAL FROM DCA, INC. TO PROVIDE COBRA ADMINISTRATION SERVICES FOR EMPLOYEES AND FORMER EMPLOYEES ---------------------------------------------------------- WHEREAS, the Federal Consolidated Omnibus Reconciliation Act (COBRA) and State statutes dictate that the City offer employees and their families the opportunity for a temporary extension of health and life insurance coverage in certain instances where coverage under the plan would otherwise end; and WHEREAS, DCA, Inc., a benefits administrator, has submitted a proposal to administer a program for the City which will supply initial election notices to qualified beneficiaries; track the initial period of qualified beneficiaries election options; issue payment coupons to qualified beneficiaries electing COBRA continuation; receive and track payments; forward premium payment and reports to the proper locations; issue conversion option letters to participating qualified beneficiaries; send annual rate change notices to participants; answer questions related to COBRA and specific applications; issue cancellation letters for participants who do not make payments within the required time frames; and other notification procedures required by law; and WHEREAS, the City Manager has recommended that the proposal of DCA, I s Inc. for such services be accepted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to accept the proposal as submitted by DCA, Inc. to administer the COBRA program for the City of Brooklyn Center in accordance with terms as specified in the proposal. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Therefore, DCA, Inc. is proposing the following services: I COBRA COVERAGES ! 1. Supply initial election notices to QUALIFIED BENEFICIARIES i (QB) based on the parameters of the plan's particular needs. Federal timeline requirements will be addressed. 2. Tracking the initial period of QB election options. 3. Issue payment coupons to QBs electing COBRA continuation. i 4. Receive and track QB payments. 5. Forward received premium payments with the appropriate reports to location as specified by the City of Brooklyn Center. 6. Provide standard monthly reports either hardcopy or tape. 7. Issue Conversion Option letters to participating QBs within the specified time frames. 8. Send annual rate change notices to participating QBs. 9. Send letters of "Intent to Cancel" to QBs during the grace period of premium payment. 10. Handle all incomplete remittances, erroneous receipts, etc. t 11. Answers questions related to COBRA and specific applications. 12. Cancellation letters for QBs who do not make payments within the required time frames. 13. Open enrollment letters to participating QBs, track open enrollment elections and provide final reports. 14. Individual Premium Reports for coverage providers of service, e.g., HMOs, conventional carriers, etc. 3 THE CITY OF BROOKLYN CENTER The fees and services specified in this proposal are for a one year period. There is a $120.00 set -up fee. DCA, Inc. would request that the one -time set -up fee be payable when the contract is accepted. Every separate Qualified Beneficiary will be billed for at least the month in which the Individual Election Form and Notice of Rights is sent. This includes the tracking required for the sixty (60) day election period. If the Qualified Beneficiary elects to continue the coverages offered, the monthly charge will be assessed for each month they continue their coverage. Immediate transfer of all current COBRA activity and all future COBRA Eligibles Per Separate Qualified Beneficiary or Employee per Month $6.00 All fees quoted above are good for 60 days from the date of the proposal. There is a $300.00 minimum annual fee. Fees will be billed at 6 month intervals. 21 CITY OF BROOKLYN CENTER council Meeting Date 7 -22 -91 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE SUBRECIPIENTAGREEMENT WITH HENNEPIN COUNTY FOR THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM DEPT. APPROV T Bublitz, Assistant EDA Coordinator MANAGER'S REVIEW/RECOM WENDATION: No comments to supplement this report Comments below /attached SUN MARY EXPLANATION: (supplemental sheets attached Yes As part of the implementation of the City's Year XVH Communi ty Development ment Block Grant (CDBG) Program, the City of Brooklyn Center is required to execute a subrecipient agreement with Hennepin County in order for the City to receive and expend CDBG funds according to its approved program. Previous Council action has approved the following CDBG Program for Year XVII: Rehabilitation of Private Property $140,761 Scattered Site Redevelopment 75,000 Total CDBG Year XVII 215,761 Rehabilitation of Private Property funds the City's home improvement grant program, and Scattered Site Redevelopment provides funding for acquisition and demolition of blighted properties. The Resolution proposed for Council approval would authorize the agreement between the City and Hennepin County for the implementation of the Year XVII CDBG Program. RECOMMENDED CITY COUNCIL ACTION Motion to adopt Resolution Authorizing Mayor and City Manager to Executive Subrecipient Agreement with Hennepin County for the Urban Hennepin County Community Development Block Grant Program Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY FOR THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, the City of Brooklyn Center has executed a Joint Cooperation Agreement with Hennepin County for the purpose of participating in the 1991 (Year XVII) Urban Hennepin County Community Development Block Grant Program; and WHEREAS, Hennepin County is the recipient of an annual grant from the U. S. Department of Housing and Urban Development for purposes of the program, and the City is a subrecipient under the program and receives a share of the grant; and WHEREAS, program regulations require that the City and County execute a Subrecipient Agreement which sets forth the specific implementation processes for activities to be undertaken with program funds. NOW, THEREFORE, BE IT RESOLVED that the Brooklyn Center City Council hereby authorizes and directs the Mayor and the City Manager to execute Subrecipient Agreement, County Contract Number AO 7411, on behalf of the City. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Contract No. A07411 SUBRECIPIENT AGREEMENT URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT made and entered into by and between the COUNTY OF HENNEPIN, State of Minnesota, hereinafter referred to as "RECIPIENT," and the City of Brooklyn Center , hereinafter referred to as "SUBRECIPIENT," said parties to this Agreement each being governmental units of the State of Minnesota, and is made pursuant to Minnesota Statutes, Section 471.59: WITNESSETH WHEREAS, Recipient has received a Community Development Block Grant (CDBG) entitlement allocation under Title I of the Housing and Community Development Act of 1974, as amended, to carry out various community develop- ment activities in cooperation with Subrecipient; and WHEREAS, $ 215,761 from Federal Fiscal Year 1991 CDBG funds has been approved by Recipient for use by Subrecipient for the implementation of eligible and fundable community development activity /ies as included in and a part of the 1991 Statement of Objectives and Projected Use of Funds, Urban Hennepin County Community Development Block Grant (CDBG) program and as set forth in the Statement of Work described in Exhibit 1 to this Agreement; and WHEREAS, the Subrecipient agrees to assume certain responsibilities for the implementation of the approved activities described in Exhibit 1, said responsibilities being specified in part in the Joint Cooperation Agreement executed between Recipient and Subrecipient and in the 1991 Statement of Objectives and Projected Use of Funds, Urban Hennepin County CDBG program and the Certifications contained therein. NOW, THEREFORE, the parties hereunto do hereby agree as follows: 1. The Subrecipient shall expend all or any part of its CDBG allocation only on those activities identified in Exhibit 1. 2. The Uniform Administrative Requirements, as promulgated in 24 CFR 570.502, shall apply to all activities undertaken by the Sub- recipient provided for in this Agreement or by any program income generated therefrom. 3. The Subrecipient shall be responsible for procurement of all supplies, equipment, services, and construction necessary for implementation of its activity /ies. Procurement shall be carried out in accordance with the "Common Rule" provisions (24 CFR 85) (which replace OMB Circular A -102 for the purposes of this Agree- ment), the procurement requirements of the Subrecipient, and all provisions of the CDBG Regulations, 24 CFR 570 (the most restrictive of which will take precedence). The Subrecipient shall prepare, or cause to be prepared, all advertisements, negotiations, notices, and documents; enter into all contracts; and conduct all meetings, conferences, and interviews as necessary to insure compliance with the above described procurement requirements. The Recipient shall provide advice and staff assistance to the Subrecipient to carry out its CDBG- funded activity /ies. 4. The Subrecipient shall be responsible for carrying out all acquisi- tions of real property necessary for implementation of the activity/ ies. The Subrecipient shall conduct all such acquisitions in its name and shall hold title to all properties purchased. The Subre- cipient shall be responsible for preparation of all notices, appraisals, and documentation required in conducting acquisition under the latest applicable regulations of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 and of the CDBG Program. The Subrecipient shall also be responsible for providing all relocation notices, counseling, and services required by said regulations. The Recipient shall provide advice and staff assis- tance to the Subrecipient to carry out its CDBG- funded activity /ies. 5. The Subrecipient shall comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as required under 24 CFR 570.606(a) and HUD implementing regulations at 24 CFR 42; the requirements in 24 CFR 570.606(b) governing the residential antidisplacement and relocation assistance .plan under section 104(d) of the Housing and Community Development Act of 1974 (the Act); the relocation require, ments of 24 CFR 570.606(c) governing displacement subject to section 104(k) of the Act; and the requirements of 24 CFR 570.606(d) governing optional relocation assistance under section 105(a)(11) of the Act. 6. The Subrecipient shall maintain records of the expenditure of all CDBG funds it receives, such records to be maintained in accordance with OMB Circulars A -87 and the "Common Rule" provisions (24 CFR 85) and in accordance with OMB Circular A -110 and A -122, as applicable. All records shall be made available, upon request of the Recipient, for inspection /s and audit /s by the Recipient or its representa- tives. If a financial audit /s determines that the Subrecipient has improperly expended CDBG funds, resulting in the U.S. Department of Housing and Urban Development (HUD) disallowing such expenditures, the Recipient reserves the right to recover from the Subrecipient such disallowed expenditures from non -CDBG sources. Audit pro- cedures are specified below in Section 22 of this Agreement. 7. The Subrecipient shall take all necessary actions, not only to comply with the stipulations as set out in Exhibit 1, but to comply with any requests by the Recipient in that connection; it being understood that the Recipient has responsibility to HUD for insuring compliance with such requirements. The Subrecipient also will promptly notify the Recipient of any changes in the scope or character of the activity /ies which it is implementing. 8. a. The Subrecipient does hereby agree to release, indemnify, and hold harmless the Recipient from and against all costs, expenses, claims, suits or judgments arising from or growing out of any injuries, loss or damage sustained by any person or corporation, including employees of Subrecipient and property of Subrecipient, which are caused by or sustained in connection with the tasks.carried out by the Subrecipient under this Agreement. b. The Subrecipient does further agree that in order to protect itself as well as the Recipient under the indemnity agreement provisions hereinabove set forth it will at all times during the term of this Agreement and any renewal thereof, have and keep in force: a single limit or combined limit or excess umbrella commercial and general liability insurance policy of an amount of not less than $600,000 for property damage arising from one occurrence, $600,000 for damages arising from death and /or total bodily injuries arising from one occurrence, and $600,000 for total personal injuries arising from one occur- rence. Such policy shall also include contractual liability coverage protecting the Recipient, its officers, agents and employees by a certificate acknowledging this Agreement between the Subrecipient and the Recipient. 9. The Recipient agrees to provide the Subrecipient with CDBG funds in such amounts as agreed upon in this Agreement to enable the Sub- recipient to carry out its CDBG - eligible activity /ies as described in Exhibit 1. It is understood that the Recipient shall be held accountable to HUD for the lawful expenditure of CDBG funds under this Agreement. The Recipient shall therefore make no payment of CDBG funds to the Subrecipient and draw no funds from HUD /U.S. Treasury on behalf of a Subrecipient activity /ies, prior to having received a proper Hennepin County Warrant Request form from the Subrecipient for the expenses incurred, as well as copies of all documents and records needed to insure that the Subrecipient has complied with the appropriate regulations and requirements. 10. The Recipient shall maintain the environmental review record on all activities. The Subrecipient shall be responsible for providing necessary information to the Recipient to accomplish this task. 11. The Recipient shall be responsible for the preparation of all requests for HUD for wage rate determinations on CDBG activities undertaken by the Subrecipient. The Subrecipient shall notify the Recipient prior to initiating any activity, including advertising for contractual services which will include costs likely to be subject to the provisions on Federal Labor Standards and Equal Employment Opportunity and related implementing regulations. The Recipient will provide technical assistance to the Subrecipient to insure compliance with these requirements. 12. The Recipient agrees to provide technical assistance to the Subre- cipient in the form of oral and /or written guidance and on -site assistance regarding CDBG procedures and project management. This assistance will be provided as requested by the Subrecipient, and at other times, at the initiative of the Recipient, when new or updated information concerning the CDBG Program is received by the Recipient and deemed necessary to be provided to the Subrecipient. 13. The Recipient shall have authority to review any and all procedures and all materials, notices, documents, etc., prepared by the Subrecipient in implementation of this Agreement, and the Subrecip- ient agrees to provide all information required by any person authorized by the Recipient to request such information from the Subrecipient for the purpose of reviewing the same. 14. In accordance with the provisions of 24 CFR 85.43, suspension or termination of this Agreement may occur if the.Subrecipient materi- ally fails to comply with any term of this Agreement. This Agree- ment may be terminated for convenience in accordance with 24 CFR 85.44. This Agreement may be terminated with or without cause by either party hereto by giving thirty (30) days written notice of such termination. CDBG funds allocated to the Subrecipient under this Agreement may not be obligated or expended by the Subrecipient following such date of termination. Any funds allocated to the Subrecipient under this Agreement which remain unobligated or unspent following such date of termination shall automatically revert to the Recipient. 15. Any material alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an Amendment to this Agreement signed and approved by the respective parties, governing bodies and properly executed by the authorized representatives of the parties. All Amendments to this Agreement shall be made a part of this Agreement by inclusion in Exhibit 2 which shall be attached at the time of any Amendment. 16. All data collected, created, received, maintained or disseminated for any purposes by the activities of the Subrecipient in the performance of this Agreement is governed by the Minnesota Govern- ment Data Practices Act, Minnesota Statutes, Chapter 13, and all other statutory provisions governing data privacy, the Minnesota Rules implementing such act now in force or hereafter adopted, as well as Federal regulations on data privacy. 17. During the performance of this Agreement, the Subrecipient agrees to the following: In accordance with the Hennepin County Affirmative Action Policy and the County Commissioners' Policies Against Discrimination, no person shall be excluded from full employment rights or participation in, or the benefits of, any program, service or activity on the grounds of race, color, creed, religion, age, sex, disability, marital status, affectional /sexual preference, public assistance status, ex- offender status, or national origin; and no person who is protected by applicable federal or state laws against discrimination shall be otherwise subjected to discrimina- tion. 18. The effective date of this Agreement is July 1, 1991. The termina- tion date of this Agreement is December 31, 1992, or at such time as the activity /ies constituting part of this Agreement are satisfac- torily completed prior thereto. Upon expiration, the Subrecipient shall relinquish to the Recipient all program funds unexpended or uncommitted for the activities described in Exhibit 1. 19. If the Subrecipient generated any program income as a result of the expenditure of CDBG funds, the provisions of 24 CFR 570.504 shall apply, as well as the following specific stipulations: a. The Subrecipient recognizes that it must notify the Recipient of any program income within ten (10) days of the date that such program income is generated. When program income is generated by an activity that is only partially assisted with CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used. b. That any such program income must be paid to the Recipient by the Subrecipient as soon as practicable after such program income is generated or may be retained by the Subrecipient, as specifically identified in Exhibit 1. C. The Subrecipient further recognizes that the Recipient has the responsibility for monitoring and reporting to HUD on the use of any such program income. The responsibility for appropriate recordkeeping by the Subrecipient and reporting to the Recip- ient by the Subrecipient on the use of such program income is hereby recognized by the Subrecipient. The Recipient agrees to provide technical assistance to the Subrecipient in estab- lishing an appropriate and proper recordkeeping and reporting system, as required by HUD. d. That in the event of close -out or change in status of the Subrecipient, any program income that is on hand or received subsequent to the close -out or change in status shall be paid to Recipient as soon as practicable after the income is received. The Recipient agrees to notify the Subrecipient, should close -out or change in status of the Subrecipient occur. 20. Any real property under the control of the Subrecipient that was acquired or improved, in whole or in part, using CDBG funds in excess of $25,000 shall either be: a. Used to meet one of the national objectives in 24 CFR 570.208 until five years after expiration of this Agreement; or b. Disposed of in a manner that results in the Recipient's being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non -CDBG funds for acquisition of, or improve- ment to, the property. 21. The following standards shall apply to real property under the control of the Subrecipient that was acquired or improved, in whole or in part, using CDBG funds: a. The Subrecipient shall inform the Recipient at least thirty (30) days prior to any modification or change in the use of the real property from that planned at the time of acquisition or improvements including disposition. b. The Subrecipient shall reimburse.the Recipient in an amount equal to the current fair market-value (less any portion thereof attributable to expenditures of non -CDBG funds) of property acquired or improved with CDBG funds that is sold or transferred for a use which does not qualify under the CDBG regulations. Said reimbursement shall be provided to the Recipient at the time of sale or transfer of the property referenced herein. C. Any program income generated from the disposition or transfer of property prior to or subsequent to the close -out, change of status or termination of the Joint Cooperation Agreement between the Recipient and the Subrecipient shall be repaid to the Recipient at the time of disposition or transfer of the property. 22. The Subrecipient agrees to provide Recipient with an annual audit consistent with the Single Audit Act of 1984, (U.S. Public Law 98 -502) and the implementing requirements of OMB Circular A -128, Audits of State and Local Governments, and, as applicable, OMB Circular A -110, Uniform Requirements for Grants to Universities, Hospitals and Non - Profit Organizations. a. The audit is to be provided to Recipient on July 1 of each year this Agreement is in effect and any findings of noncompliance affecting the use of CDBG funds shall be satisfied by Subrecip- ient within six (6) months of the provision date. b. The audit is not required, however, in those instances where less than $25,000 in assistance is received from all Federal sources in any one fiscal year. C. The audit may not be paid from CDBG funds. d. The Recipient reserves the right to recover, from non -CDBG sources, any CDBG expenses which are disallowed by the audit. 23. The Subrecipient shall comply with the applicable section of 24 CFR 570.200, particularly sections (b) (Special Policies Governing Facilities); (c) (Special Assessments); (f) (Means of Carrying Out Eligible Activities); and (j) (Constitutional prohibitions Concern- ing Church /State Activities). 24. The Subrecipient shall comply with the Lead -Based Paint notifica- tion, inspection, testing and abatement procedures established in 24 CFR 570.608. 25. The Subrecipient shall be prohibited from receiving CDBG funds for activity /ies subject to this Agreement should it not affirmatively further fair housing within its own jurisdiction or impedes action taken by Recipient to comply with the fair housing certification. 26. No federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 27. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influ- ence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement Subrecipient will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 28. Subrecipient has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its Jurisdiction against any individuals engaged in non - violent civil rights demonstrations; and a policy of enforcing applicable state and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non - violent civil rights demonstrations within its jurisdiction. SUBRECIPIENT having signed this Agreement, and the Hennepin Count g g g P Y Board of Commissioners having duly approved this Agreement on 19 , and pursuant to such approval and the proper County officials having signed this Agreement, the parties hereto agree to be bound by the provisions herein set forth. Upon proper execution, this COUNTY OF HENNEPIN, Agreement will be legally STATE OF MINNESOTA valid and binding. By: Chairman of its County Board Assistant County torne, And: Deputy /Associate-County Administrator Date: Attest: Deputy /Clerk of the County Board APPROVED AS TO EXECUTION: SUBRECIPIENT: City of Brooklyn Center Assistant County Attorney By: Date: Its And: Its Attest: Title The City is organized pursuant to: Plan A Plan B Charter Licenses to be approved by the City Council on July 22, 1991: ITINERANT FOOD ESTABLISHMENT Jerry's NewMarket 5801 Xerxes Ave. N. St. Alphonsus Fun Fair 7025 Halifax Ave. N. �— Sanitarian MECHANICAL SYSTEMS R & L Heating and A/C 1605 Wilson Ave. Residential Heating & A /C, Inc. 19000 Easton Road Building Official RENTAL DWELLINGS Renewal: B. F. Dabrowski 5001 Ewing Ave. N. Kathryn D. Hess 1329 68th Lane N. � - �����`��As' -✓A 'Director of Planning and Inspection .. GENERAL APPROVAL: P. Page, Deputy Clerk