Loading...
HomeMy WebLinkAbout1990 06-25 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER JUNE 25, 1990 7 p.m. 1. Call to Order 2. Roll Call 3. Invocation 4. Open Forum 5. Approval of 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 from the consent agenda and considered in its normal sequence on the agenda. 6. Approval of Minutes: *a. May 7, 1990 - Regular Session *b. May 21, 1990 - Regular Session *c. June 11, 1990 - Regular Session 7. Resolutions: *a. Declaring a Public Nuisance and Ordering the Removal of Diseased Shade Trees (Order No. DST 6/25/90) *b. Authorizing Execution of an Agreement between Metropolitan Clinic of Counseling, Inc. and the City of Brooklyn Center for an Employee Assistance Program *c. Acknowledging Gift from the Brooklyn Center Rotary Club -$300 for Entertainment in the Parks *d. Regarding Disposition of Planning Commission Application No. 90009 - Application No. 90009 was submitted by Keith Sturm /Reliance Real Estate Services, Inc. and was a request for a variance from the retail parking formula to allow a retail use of the Gold's Gym building at 2920 County Road 10. The applicant withdrew this application after the City Council adopted an ordinance amendment modifying the retail parking formula at its last meeting. The resolution outlines the history and disposition of the application per the City Council's direction. e. Authorizing Citywide Recycled Paper Procurement Policy CITY COUNCIL AGENDA -2- June 25, 1990 f. Amending the 1990 General Fund Budget and Accepting Proposal for Emergency Repairs of Air Conditioning System for Civic Center *g. Amending the 1990 General Fund Budget to Provide for Wage and Salary Adjustments h. Accepting Proposal for Architectural Services Relating to City Garage Remodeling - Project No. 1990 -17 8. Planning Commission Items: (7:15 p.m.) a. Planning Commission Application No. 90014 submitted by Leslie Andresen requesting special use permit approval to install and operate a home beauty shop in the basement of the residence at 6821 Perry Avenue North -This item was recommended for approval by the Planning Commission at its June 14, 1990, meeting. b. Planning Commission Application No. 90016 submitted by Joseph Jacobsen requesting special use permit approval to conduct a saw sharpening business as a home occupation in the garage of the residence at 1821 Irving Lane -This item was recommended for approval by the Planning Commission at its June 14, 1990, meeting. 9. Recess 8:15 p.m. 10. Discussion Items: a. Policies Relating to Deferment of Special Assessments b. Humboldt Avenue Trail Extension C. 69th Avenue Corridor - Improvements and Redevelopment 1. Resolution Defining Policy and Goals Relating to Improvements and Redevelopment within the 69th Avenue Corridor 2. Review of a Draft Copy of a Contract with SEH, Inc. to Provide Professional Services Relating to Stage I of Final Plan Development for Reconstruction of 69th Avenue between Noble Avenue and Shingle Creek Parkway d. Police Department Battered Spouse Program 1. Resolution Transferring Funds from the Domestic Abuse Program, Account 4428, to Police Part -time Salaries, Account 4130 and Authorizing the Institution of a Six -month Administrative Intern in the Police Department CITY COUNCIL AGENDA -3- June 25, 1990 e. Association of Metropolitan Municipalities - Report of the 1990 Mission and Membership Services Task Force 11. Consideration of Specified Licenses: a. Rental dwelling license - 5500 Bryant Avenue North b. Rental dwelling license - 4010 65th Avenue North *12. Licenses 13. Adjournment 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 MAY 7, 1990 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:01 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Celia Scott, Todd Paulson, Jerry Pedlar, and Philip Cohen. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Finance Director Paul Holmlund, Director of Planning and Inspection Ron Warren, City Assessor Mark Parish, City Attorney Charlie LeFevere, EDA Coordinator Brad Hoffman, City Engineer Mark Maloney, and Administrative Aide Patti Page. INVOCATION The invocation was offered by Ted Willard of the Brooklyn Center Prayer Breakfast Committee. OPEN FORUM Mayor Nyquist noted the Council had received one request to use the open forum session this evening. He noted this request pertains to an item already scheduled for the agenda and asked the applicant if he would be willing to wait until that agenda item. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested items removed from the consent agenda. Councilmember Pedlar requested item 9d be removed from the consent agenda. MAYORAL APPOINTMENT There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to appoint Kathleen Carmody to the Brooklyn Center Human Rights and Resources Commission. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 90 -89 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF ONE (1) BLACKTOP ROLLER The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. 5/7/90 _1 RESOLUTION NO. 90 -90 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING GIFT FROM THE BROOKLYN CENTER LIONS CLUB The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO 90 -91 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING GIFT FROM THE BROOKLYN CENTER LIONS CLUB The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO 90 -92 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION TO TRANSFER FUNDS FROM THE COMM[TNITY DEVELOPMENT BLOCK GRANT FUND TO THE ECONOMIC DEVELOPMENT AUTHORITY FUND The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the following list of licenses: CIGARETTE (OVER THE COUNTER SALES) Brooklyn Center American Legion 4307 70th Ave. N. Earle Brown Bowl 6440 James Circle FOOD ESTABLISHMENT Duke's Amoco 6501 Humboldt Ave. N. Jerry's NewMarket 5801 Xerxes Ave. N. Korean Presbyterian Church 6830 Quail Ave. N. Leeann Chin, Inc. 6800 Shingle Ck. Pkwy. Spiritual Life Ministries 6500 Shingle le Ck. Pkwy. wy ITINERANT FOOD ESTABLISHMENT Brooklyn Center Fire Department 6301 Shingle Ck. Pkwy. Brooklyn Center Park and Recreation 6301 Shingle Ck. Pkwy. MECHANICAL SYSTEMS C & M Heating & A/C 12970 Arrowwood Lane Carver Heating & A/C P. 0. Box 123 Randy Lane & Sons 1501 West Broadway P & H Services Company, Inc. 208 73rd Ave. N. Rouse Mechanical, Inc. 11348 K -Tel Drive SIGN HANGER 5/7/90 _2_ Nordquist Sign Company, Inc. 312 West Lake Street Signcrafters Outdoor Display 7775 Main Street NE Venus Sign Company 10695 Johnson Street NE SWIMMING POOL Fun Services 3701 50th Ave. N. The motion passed unanimously. PRESENTATION MINNESOTA WATER SKI ASSOCIATION Mayor Nyquist recognized Hank Longo, representing the Minnesota Water Ski Association. Mr. Longo stated he would like to thank the Mayor and Councilmembers for allowing the water ski team to practice on Upper Twin Lake. He noted he is sending a letter to all residents on Upper Twin Lake to inform them of the accomplishments of the water ski team and other information pertaining to the team. Councilmember Cohen inquired if Mr. Longo has contacted the residents regarding their feelings to his team practicing on the lake. Mr. Longo stated he has spoken with a number of the residents and noted most of them come to watch the team practice. Councilmember Cohen inquired if there were any set hours for operation on the lake. Mr. Longo stated the team practices two to three hours every evening. He added the team is touring on the weekends and does not use the lake at that time. Councilmember Cohen inquired if the City has ever spoken with the residents. The City Manager noted there has not been any formal discussions regarding this but noted he has spoken with a couple of people over the years. He added the lake is not governed by the cities. Mr. Longo stated the DNR requires him to appear each year before the City to ask the City's approval. Councilmember Cohen stated it seems there may be some residents who may be concerned with the operation on the lake who are not present this evening. He added maybe the Council should set some type of guidelines for hours of operation so the residents know what times the team will be practicing. Councilmember Paulson inquired if there are any regulations regarding hours of boat operation on the lake. The City Manager stated he did not believe there were any regulations regarding hours of operation. Councilmember Paulson stated he did not believe the City could set limits on one individual and not on anyone else. Mayor Nyquist pointed out the City does not have any authority to do anything with regard to this lake. Councilmember Pedlar inquired if Mr. Longo and the City Manager could work together to settle any differences. The City Manager stated basically he has not received any specific complaints regarding this issue. Councilmember Pedlar noted possibly there are other people on the lake who are really causing the problems. Mr. Longo stated his team does contribute towards maintenance of the lake and stated they are all responsible boaters. Councilmember Scott stated in the last three years she only recalls two phone calls regarding the team practicing on Upper Twin Lake. She noted she referred the calls to Mr. Longo and told the callers to contact her if they were not satisfied. She noted she never received any second calls regarding the issue. ALL- AMERICA CITY Mayor Nyquist noted he had been notified this afternoon that Brooklyn Center is in the top 30 finalists for the All- America City award. RECESS TO CONTINUED BOARD OF EQUALIZATION MEETING 5/7/90 -3- r The Brooklyn Center City Council recessed at 7:20 p.m. and reconvened at 7 :25 p.m. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Approving Purchase of Property for Minnesota Department of Transportation. He noted this resolution accepts the offer from MNDOT for the sale of the house and property located at 6626 West River Road to the City. He added urchase of this property is P necessary P P Y to allow realignment of the West River Road connection to 66th Avenue. The Director of Public Works stated MNDOT has had the property appraised, and the value of the tract is $80,000. Councilmember Pedlar inquired if there are any negotiations which the City can use. The City Manager stated generally when working with MNDOT there is very little chance to negotiate. He noted it has taken six - months to get this far and negotiating would only delay the project. He noted by negotiating MNDOT would still most likely not change the price. RESOLUTION N0. 90 -93 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION APPROVING PURCHASE OF PROPERTY FROM MINNESOTA DEPARTMENT OF TRANSPORTATION The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented a Resolution Accepting Proposals for Professional Services Relating to Acquisition of Right -of -Way for 69th Avenue Improvement Project No. 1990 -10. Mayor Nyquist recognized David Joelson, 4001 69th Avenue North. Mayor Nyquist noted Mr. Joelson had requested to speak at the open forum regarding this issue. Mr. Joelson stated he would like to sell his property which is located on the south side of 69th Avenue. He stated he feels he will have some difficulties selling the property due to the Council's consideration of purchasing the homes on the south side of 69th Avenue. He stated he would hope the Council would consider this issue with expediency. The City Manager explained the Council has chosen the development which would require acquisition of the homes on the north side of 69th Avenue. He noted at this time the City is investigating the possibility of purchasing some of the homes along the south side of 69th Avenue. However, there are certain financial limitations with regard to this option. Councilmember Cohen inquired why Mr. Joelson's home could not be put on the market at this time. Mr. Joelson explained his home is zoned R3 and his real estate agent has said his property value will decrease because of this new development. He noted before this proposed road improvement project, he had P J the opportunity rtunit t PP y o sell his property as residential but now he has been led to understand he cannot sell his property as a residential lot. There was a motion by Councilmember Cohen and seconded by Councilmember Scott directing staff to prepare a report regarding the rezoning which will occur in this area; directing staff to prepare a report on property acquisition for this area; and directing staff to review the past Council actions with Mr. Joelson with regard to his issue. The motion passed unanimously. RESOLUTION NO 90 -94 5/7/90 _4_ Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSALS FOR PROFESSIONAL SERVICES RELATING TO ACQUISITION OF RIGHT -OF -WAY FOR 69TH AVENUE IMPROVEMENT PROJECT NO. 1990 -10 The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. The City Manager presented a Resolution Providing for the Negotiated Purchase of Real Property for Project No. 1990 -10. The Director of Public Works stated the City is required to follow established procedures and offering just compensation to the owners of properties to be acquired. He noted this resolution establishes the process for final approval of all purchases by the City Council. RESOLUTION N0. 90 -95 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE NEGOTIATED PURCHASE OF REAL PROPERTY FOR PROJECT NO. 1990 -10 The motion for the adoption of the Foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented a Resolution Establishing Parking Restrictions on MSAP 109 - 125 -03, 69th Avenue North between Brooklyn Boulevard and Shingle Creek Parkway. Councilmember Pedlar inquired when the parking restrictions would take effect. The Director of Public Works stated it would be effective upon completion of the project. RESOLUTION NO 90 -96 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PARKING RESTRICTIONS ON MSAP 109- 125 -03, 69TH AVENUE NORTH BETWEEN BROOKLYN BOULEVARD AND SHINGLE CREEK PARKWAY The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. y ORDINANCES The City Manager presented An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning of Certain Land. He noted this ordinance amendment describes the land the City Council rezoned from I -1 to C2 under Planning Commission Application No. 89003 on March 12, 1990. He noted this item was offered for a first reading on April 9, 1990, published in the City's official newspaper on April 18, 1990, and is offered this evening for a second reading. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter pter 35 of the City Ordinances Regarding the Zoning of Certain Land. He inquired if there was anyone present who wished to address the Council. There being none, he entertained a motion to close the public hearing. 5/7/90 -5- There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to close the public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning of Certain Land. The motion passed unanimously. There was a brief discussion regarding the location of this property. ORDINANCE NO. 90 -11 Member Todd Paulson introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING N THE ZONING OF CERTAIN LAND The motion for the adoption of the foregoing ordinance was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 7 of the Brooklyn Center City Ordinances Regarding Collection of Yard Waste. He noted this item was offered for a first reading on April 9, 1990, published in the City's official newspaper on April 18, 1990, and is offered this evening for a second reading. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 7 of the Brooklyn Center City Ordinances Regarding Collection of Yard Waste. He inquired if there was anyone present who wished to address the Council. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to close the public hearing on An. Ordinance Amending Chapter 7 of the Brooklyn Center City Ordinances Regarding Collection of Yard Waste. The motion passed unanimously. ORDINANCE NO. 90 -12 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 7 OF THE BROOKLYN CENTER CITY ORDINANCES REGARDING COLLECTION OF YARD WASTE The motion for the adoption of the foregoing ordinance was duly seconded by member Jerry Pedlar, and the motion passed unanimously. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 90010 SUBMITTED BY BROOKLYN UNITED METHODIST CHURCH REQUESTING SITE AND BUILDING PLAN AND SPECIAL USE PERMIT APPROVAL TO MAKE SOME ADDITIONS TO THE BROOKLYN UNITED METHODIST CHURCH TO USE THE RESIDENCE'AT 7204 BROOKLYN BOULEVARD FOR CHURCH MINISTRIES AND TO EXPAND THE PARKING LOT NORTH OF THE CHURCH AND PLANNING COMMISSION APPLICATION NO. 90011 SUBMITTED BY BROOKLYN UNITED METHODIST 5/7/90 -6- CHURCH REQUESTING PRELIMINARY PLAT APPROVAL TO COMBINE 11 ,70 A SINGLE PARCEL THE EXISTING BROOKLYN UNITED METHODIST CHURCH SITE AND THREE EESIDENTIAL LOTS TO THE NORTH BEING ACQUIRED BY THE CHURCH FOR EXPANSION OF THE PARKING LOT The City Manager noted both Planning Commission applications were recommended for approval by the Planning Commission at its April 26, 1990, meeting. The Director of Planning and Inspection referred the Mayor and Councilmembers to pages three through thirteen of the April 26, 1990, Planning Commission minutes and the attached information sheet. He went on to review the various aspects of the two Planning Commission applications. He explained the Administrative Traffic Committee has reviewed the plan and the neighborhood requests for parking restrictions on Noble Avenue and Wingard Lane. He noted at the Planning Commission meeting there was a lengthy discussion regarding placement of the fence between the parking lot and the existing homes on Wingard Lane. He stated he believes an agreement has been reached regarding this fencing, noting a gate would be installed at each end of the fence section to allow for maintenance. He then went on to discuss the proposed uses for the existing home at 7204 Brooklyn Boulevard. The Director of Planning and Inspection stated staff does not recommend the off -site parking lot be bound to this church site by parcel but that an encumbrance be placed on the use. He stated the Planning Commission recommended approval of Planning Commission Application No. 90010 subject to 17 conditions which he reviewed for the Council. He added Planning Commission Application No. 90011 was also recommended for approval subject to three conditions which he reviewed for the Council. Councilmember Pedlar inquired if the buffer between the homes and the north end of the parking lot is a requirement. The Director of Planning and Inspection stated the 15 buffer is required by staff. Councilmember Pedlar inquired if the residents could make a deal with the church to use and maintain the property. The Director of Planning and Inspection stated he feels the staff recommendation is the best solution because as years go by, the owners of the homes change and people will forget who owns what property and who should be maintaining the property. He added this would bring up a wide range of questions. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application Nos. 90010 and 90011. Mayor Nyquist stated he would like to commend the neighbors on the approach they used for working with the church. He inquired if there was anyone present who wished to address the Council. He then recognized Mr. Mike Hoffman, 4715 Wingard Lane, who addressed the Council at some length and reviewed some of the concerns which the neighbors have regarding this issue. A discussion then ensued regarding the different options for placement of the fence. Mayor Nyquist then recognized Wally Szulga, 4707 Wingard Lane. Mr Szulga stated he was concerned regarding drainage problems from the berm. The Director of Planning and Inspection explained there would be curb and gutter along the north side of the parking lot, and there would be a storm sewer drain within the parking lot. Mr. Szulga pointed out if the snow is piled along the fence, when it melts it will drain down into the yards and possibly flood the garages and basements of the property owners. Mr. Twohig, the architect for the project, stated there would be two catch basins in the parking lot leading to the storm sewer. 5/7/90 -7- Mayor Nyquist then recognized Eleanore Maegi, 4721 Wingard Lane, who stated her bedroom is 35' from the current fence. She noted she is concerned with the noise from the different activities which will be held at the house. She added she feels her privacy is being invaded, and she will not be able to sit in her back yard and have any privacy. Mayor Nyquist explained condition No. 15 limits the uses for the home to adult and youth meetings and educational classes. Mrs. Maegi stated if the classes and meetings are finished by 10 p.m., she would not have any objections. If they are going to be holding youth parties and other events which will run past 10 p.m., she feels it would be too noisy. She added if there are 80 cars parked in the parking lot idling and waiting to exit onto Noble Avenue, it would create a large amount of air pollution. Mayor Nyquist then recognized David Anderson, chairman of the building committee for the church, who noted the home at 7204 Brooklyn Boulevard is 100' away from Mrs. Maegi's home. He added the proposed site for the dumpster has been moved so it is now closer to the home at 7204 Brooklyn Boulevard than it is to any of the other homes. He then went on to discuss the on- street parking problem in the area. Mr. Anderson stated he wished the issue concerning the fence had an easier solution. He noted while it is not an ideal solution the church does feel two fences are best, and the church can maintain its own fence on its own property. Councilmember Pedlar noted the church had met with the neighbors last week. He inquired if the church had met with the neighborhood in the past. Mr. Anderson stated the project had started approximately two years ago, but the fund drive fell short of its goal and it was delayed. He noted the neighborhood has been informed all along. He stated two of the residents which are here this evening refused to speak to the church. Mayor Nyquist recognized Bruce Erickson, Senior Pastor for Brooklyn United Methodist Church. Pastor Erickson stated there are so many things the church would like to do but cannot because of restrictions. He noted there have been many changes in the last 136 years which have affected the church, but these changes have not necessarily helped the church plan for the future. He added the City, County, and State took away land from the church for Brooklyn Boulevard. He pointed out the church is simply trying to buy property back from the owners who are willing to sell it at a reasonable price. Mayor Nyquist inquired if there was anyone else who wished to address the Council. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to close the public hearing on Planning Commission Application Nos. 90010 and 90011 submitted by Brooklyn United Methodist Church. The motion passed unanimously. Councilmember Cohen inquired if it would be possible to place the fence 15' from the property line with a 15' buffer between the two fences. He noted the fences could be closed off at both ends and have an entrance in the middle for maintenance. The Director of Planning and Inspection stated the church will need room for snow storage and landscaping on the church side. He added it would be difficult to maintain the areas between the fences if you had to enter in the middle with a mower or tractor. Councilmember Pedlar stated there appears to be an opportunity for this to be a win /win situation. He stated 5/7/90 -8- I there certainly must be compromises that can be made by both the church and the neighbors. He stated he feels there is more work to be done between the two groups. Councilmember Pedlar made a motion to table consideration of these Planning Commission applications until further details are worked out. The motion died for lack of a second. The City Attorney noted there are a number of issues which would need to be dealt with concerning a contract or agreement for the fence between the neighborhood and the church. He stated the City should not be urging either party towards this type of agreement. He noted he has never seen a case where the City has required one property owner to dedicate use of its property to another property owner. He noted the owners could agree among themselves, but the City should not urge this type of agreement. Councilmember Scott pointed out if there were covenants attached to the properties, it could be a hindrance to one trying to sell this property. There was a motion by Councilmember Cohen and seconded by Councilmember Scott to approve Planning Commission Application No. 90010 submitted by Brooklyn United Methodist Church subject to the following conditions: 1. The special use permit is granted for a church and accessory uses. The use may not be altered or expanded beyond this specific approval without first securing an amendment to this special use permit. 2. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 3. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 4. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits and prior to construction of the new parking lot. 5. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 6. Subject to a final determination by the Building Official with regard to applicable codes, the building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. 5/7/90 -9- 9. The applicant shall submit an as -built survey of the property, improvements and utility service lines, prior to release of the performance agreement. 10. The property owner shall enter in an Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems prior to the issuance of permits. 11. The replat of the property shall receive final approval and be filed at the County prior to the issuance of permits. 12. Fire hydrants shall be installed and fire lanes designated in accordance with the requirements of the Fire Chief. 13. The barrier across the access to the off -site parking lot from Brooklyn Boulevard shall be improved in accordance with recommendations of the Director of Public Works. 14. The plans shall be modified, prior to consideration by the City Council to indicate: a) the addition of at least four shade trees in the greenstrip along Brooklyn Boulevard and the addition of two trees in the greenstrip along Noble Avenue North. b) the addition of a light pole at the entrance off Noble Avenue North and the provision of lighting details including height and type of fixture and a photometric plan giving light intensities near property lines. c) the extension of a 4' high fence within the Noble Avenue North greenstrip to screen the parking lot north of the church from residences across Noble. 15. Subject to a final determination by the Building Official with respect to the requirements of the Building Code, the house at 7204 Brooklyn Boulevard shall be provided with handicapped access and bathroom facilities. The use of the house shall only be for accessory church ministry purposes such as adult and youth meetings and education classes. No other use by a nonchurch organization is acknowledged with this approval. 16. The wood fence along the east side of the off -site parking lot shall be repaired on or before May 5, 1990, as ordered by the Building Inspector. 17. If there are two fences, one belonging to the church and another belonging to residents abutting Wingard Lane, access to the area between the fences shall be closed off with a lockable gate at both ends. 5/7/90 -10- The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Paulson approving Planning Commission Application No. 90011 submitted by Brooklyn United Methodist Church subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The requirement to plat the parcels comprising the off -site lot is hereby waived. However, the church shall file a legal encumbrance with the title to the property at the County which will bind the use of the off -site parking lot to the principal site of the church. Said encumbrance shall be reviewed and approved by the City Attorney prior to filing. The filing of the encumbrance shall be concurrent with or prior to the filing of the plat at the County. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 9:40 p.m. and reconvened at 9:56 p.m. PLANNING COMMISSION APPLICATION NO 90009 SUBMITTED BY KEITH STURM /RELIANCE REAL ESTATE REQUESTING VARIANCE APPROVAL TO ALLOW RETAIL USE OF THE GOLDS GYM BUILDING AT 2920 COUNTY ROAD 10 WITH FEWER PARKING STALLS THAN REQUIRED BY ORDINANCE The City Manager noted this application was recommended for denial by the Planning Commission at its April 26, 1990, meeting. He noted, however, an ordinance amendment regarding the retail parking formula was recommended for approval and is offered this evening for a first reading. The Director of Planning and Inspection referred the Mayor and Councilmembers to pages 14 through h 1 g 7 of the April 26, 1990, Planning Commission minutes. He then went on to review the location. He noted the applicant is seeking a variance to allow fewer parking spaces on the site. He noted there are four standards for a variance which must be satisfied in order to grant the variance. He stated the Planning Commission did not feel all standards for a variance were met. He explained the Planning Commission recommended denial of the variance. However, after much discussion regarding the City's retail parking formula, they did recommend an ordinance amendment. He went on to review the proposed ordinance amendment and noted the principal affect will be for smaller retail businesses of 30,000 square feet or less. He stated a public hearing has been scheduled for this evening and notices have been sent. Councilmember Paulson inquired if the square footage requirement for office buildings should also be changed. The Director of Planning and Inspection stated the square footage for nonmedical office buildings of one space per 2,000 square feet of gross floor space works very well. The City Attorney explained granting a variance because of a hardship could be found arbitrary and capricious if a like case occurs in the future and the 5/7/90 -11- Council denies the application. He noted it would not be appropriate for the Council to grant this variance on the grounds that an ordinance amendment will occur. He noted there is always the possibility the ordinance amendment will not be approved. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 90009 submitted by Keith Sturm /Reliance Real Estate. He recognized Pete Helger of Reliance Real Estate Services. Mr. Helger explained his client is a destination tenant which would be ideal for this building. He stated the City's parking - requirements are excessive as compared to the standards of other communities. He noted this parking requirement creates a hardship for his client. He stated he is seeking a variance to complete the project and move the tenant into the building. He added he feels his client's request has met the four standards for a variance. He added his client does not have time to wait for an ordinance amendment and that is why they are asking for the variance. Councilmember Scott inquired when the ordinance amendment would become effective if approved. The City Manager stated it would become effective 30 days after publication. Mayor Nyquist then recognized George Vestrum, a real estate broker for JoAnn Fabrics. Mr. Vestrum stated JoAnn Fabrics is presently in Brookdale, and it is currently trying to be released from its lease so they can move into this new site. He noted at this point he is not sure if Brookdale has agreed to release JoAnn Fabrics from its lease. He noted JoAnn Fabrics has not officially signed a termination agreement at this point. The City Manager pointed out it would y g p obviously not be a good process to grant the variance and then plan to make the ordinance amendment. Mayor Nyquist then recognized Israel Krawetz, owner of the Gold's Gym building. Mr. Krawetz briefly reviewed the minutes pertaining to the request from St. Paul Book and Stationery for its variance request. He asked the Council to follow the same practice which was used in the St. Paul Book and Stationery case to find its criteria for the standards of a variance. Councilmember Paulson inquired if it would be possible to grant a temporary variance which would carry the applicant over until the ordinance amendment takes effect. The City Attorney explained occasionally it would be appropriate to grant a temporary variance. He stated he is concerned there really is not any reason for a temporary variance other than the fact an ordinance amendment is in the works. He added if the ordinance amendment were not approved, then the Council and staff would face an enforcement issue. Mayor Nyquist inquired if there was anyone else who wished to address the Council. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to close the public hearing on Planning Commission Application No. 90009 submitted by Keith Sturm /Reliance Real Estate Services. The motion passed unanimously. Councilmember Cohen inquired of the City Attorney if the Council has the right to deny a variance since it has previously approved a variance in a similar case. The City Attorney explained this previous approval does not forever 5/7/90 -12- i preclude the Council from denying a future variance application. He noted if we were taken to court the previous approval could set a precedent, but it is not binding. Councilmember Cohen inquired if any other variances have been granted since the St. Paul Book and Stationery application. The Director of Planning and Inspection responded negatively. Councilmember Cohen stated he would like to treat the applicant fairly and added he feels the ordinance amendment should be approved. He stated he does not foresee any problems with moving ahead with the ordinance amendment on the normal time frame. He added he would like to honor the applicant's request for a variance but feels he must be fair to future Councils. There was a motion by Councilmember Paulson and seconded by Councilmember Scott to approve for first reading An Ordinance Amending Chapter 35 of the Zoning Ordinance Regarding the Retail Parking Formula and setting a public hearing date for June 11, 1990, at 7:30 p.m. The motion passed unanimously. Mr. Helger requested the Council table action on the variance request. He noted this would allow him to bring his request back to the Council if the ordinance amendment were not approved. There was a motion by Councilmember Scott and seconded by Councilmember Cohen to table further action on Planning Commission Application No. 90009 submitted by Keith Sturm /Reliance Real Estate until June 11, 1990. The motion passed unanimously. PUBLIC HEARING The Director of Public Works explained a public hearing regarding the improvements to Freeway Boulevard /65th Avenue /66th Avenue between Shingle Creek and T.H. 252 and to Humboldt Avenue North between 65th and 69th Avenues North was originally held on April 9, 1990. He noted, however, the notice for the hearing incorrectly identified Constitution Hall rather than the City Council Chambers as the location of the hearing. He noted because of this the public hearing is being reconvened this evening. He went on to briefly review the location of the proposed improvements contained in this improvement project. He noted there would be no special assessments levied against R -1 properties. Councilmember Paulson inquired if the City would be extending the trailway up Humboldt Avenue. The Director of Public Works explained there should not be a problem extending the trail up to 67th Avenue. He noted, however, north of 67th Avenue it would be more difficult because the City would have to obtain an easement from the shopping center. He added this trailway would interfere with the amount of greenstrip in the area. Mayor Nyquist opened the meeting for the purpose of a public hearing regarding proposed improvements to Freeway Boulevard /65th Avenue /66th Avenue between Shingle Creek and T.H. 252 and to Humboldt Avenue North between 65th and nd 69th Avenues North. He inquired if there was anyone present who wished to address the Council. No one appeared to speak, and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to close the public hearing on proposed improvements to Freeway Boulevard /65th Avenue /66th Avenue between Shingle Creek and T.H. 252 and to Humboldt Avenue 5/7/90 -13- North between 65th and 69th Avenues North. The motion passed unanimously. The Director of Public Works noted a roll call vote for the proposed resolution is necessary. RESOLUTION NO. 90 -97 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENT PROJECTS 1988 -25, 1989 -26, 1990 -11 AND 1990 -12, FREEWAY BOULEVARD /65TH AVENUE /66TH AVENUE BETWEEN SHINGLE CREEK AND T.H. 252; AND IMPROVEMENT PROJECT 1989 -27, HUMBOLDT AVENUE NORTH BETWEEN 65TH AND 69TH AVENUES NORTH The motion i n for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. The City Manager directed the Mayor and Councilmembers to the memorandum prepared for this item by the Director of Public Works. He explained, as noted in the memorandum, the material which was used on the streets in 1988 is somewhat different than those used in 1989 and what is being specified for 1990. He noted the resident who appeared at the open forum to discuss sealcoating materials lives in an area which was sealcoated in 1988. Councilmember Scott inquired if the crushed trap rock and crushed granite both achieve the final end product. The Director of Public Works stated they both achieve the same goal. However, staff would prefer trap rock over granite because the oil does not always adhere as well to the granite. Councilmember Scott stated she did go up to the area of 67th and Ewing and noted the rock in this area does seem coarser and different than the surrounding streets. The Director of Public Works stated there is a definite difference between those streets sealcoated in 1988 and those done in 1989. He stated in the past the reasoning behind allowing both types of materials is when you specify only one material, then you end up dealing with only one vendor. Councilmember Paulson inquired if any of the roads in the 1990 sealcoating program would qualify for State aid funding. The Director of Public Works responded affirmatively and went on to review the State aid streets included in the program. Councilmember Paulson stated he felt the money should be used to install concrete curb and gutter where there currently is not any curb and gutter. The Director of Public Works went on to review the policy for installation of curb and gutter and noted this project must be initiated by a petition. There was a general consensus among Councilmembers that option B should be approved within the resolution. RESOLUTION NO 90 -98 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION APPROVING ADDENDUM TO SPECIFICATIONS FOR IMPROVEMENT PROJECT NO. 1990 -08, 1990 SEALCOATING PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. 1990 INITIAL LEGISLATIVE REPORT The City Manager noted a complete review of the approved tax changes has not 5/7/90 -14- t been completed at this time. He did note, however, the Finance Director has reviewed part of them and has noted $108,000 which the City would usually receive from the State has been cut. He added, unfortunately, the State has not discontinued its practice of ordering the City to follow certain policies without giving the City money in which to iimplement the policies. Councilmember Cohen pointed out the reductions were based on the State's overall budget problems. He noted this was not the worst case scenario, yet the City should continue to work with its legislators. REVIEW OF PLANNING SESSION The City Manager stated he would like to schedule a special work session in which the results of the 1990 Planning Session are discussed with Mr. Jim Bremeyer. He noted he would like to include the legislators in this process. ADJOURNMENT There was a motion by Councilmember Cohen and seconded by Councilmember Paulson to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 11:34 p.m. City Clerk Mayor 5/7/90 -15- 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 MAY 21, 1990 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:02 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Celia Scott, Todd Paulson, Jerry Pedlar, and Philip Cohen. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Finance Director Paul Holmlund, Director of Planning and Inspection Ron Warren, City Attornev Charlie LeFevere, EDA Coordinator Brad Hoffman, and Administrative Aide Patti Page. INVOCATION The invocation was offered by Sharon VanDenboss of the Brooklyn Center Prayer Breakfast Committee. OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the open forum session this evening. He inquired if there was anyone present who wished to address the Council. There being none, he continued with the regular agenda items. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the consent agenda. Councilmember Cohen requested items 7e and 7g be removed from the consent agenda. APPROVAL OF MINUTES - APRIL 9 1990 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the minutes of the April 9, 1990, City Council meeting. The motion passed unanimously. APPROVAL OF MINUTES - APRIL 16 1990 -WORK SESSION There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the minutes of the April 10, 1990, City Council meeting. The motion passed unanimously. APPROVAL OF MINUTES - APRIL 30 1990 - BOARD OF EQUALIZATION There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the minutes of the April 30, 1990, City Council meeting. The motion passed unanimously. APPROVAL OF MINUTES - MAY 3 1990 - STRATEGIC PLANNING SESSION There was a motion by Councilmember Scott and seconded by Councilmember Pedlar 5/21/90 -1- 3 to approve the minutes of the May 3, 1990, City Council meeting. The motion passed unanimously. APPROVAL OF MINUTES - MAY 7 1990 - BOARD OF EQUALIZATION There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the minutes of the May 7, 1990, City Council meeting. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 90- 99 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING THE CITY OF BROOKLYN CENTER SAFETY MANUAL The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 90 -100 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING GIFT FROM THE BROOKLYN CENTER ROTARY CLUB The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 90 -101 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PROPOSED PROGRAM FOR YEAR XVI URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZING ITS SUBMITTAL The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO 90 -102 Member Celia Scott introduced the following resolution and moved i.ts adoption: RESOLUTION TO AUTHORIZE PAYROLL WITHHOLDING FOR THE MINNESOTA BENEFIT ASSOCIATION The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the following list of licenses: AMUSEMENT DEVICES - VENDOR B & K Music & Sales 133 Spring Valley Circle ITINERANT FOOD ESTABLISHMENT 5/21/90 -2- Brooklyn Center Parks & Recreation 6301 Shingle Ck. Pkwy. Builders Square 3600 63rd Ave. N. Days Inn 1501 Freeway Boulevard Betsy Medley 1762 Canyon Lane Straight's Concession 3110 Idaho Ave. N. MECHANICAL SYSTEMS Care Heating & Air Cond. Inc. 1211 Old Highway 8 Furnace Care, Inc. 8733 Humboldt Ave. N. Maple Grove Heating & A/C 8870 Zealand Ave. N. One Way Building Services, Inc. 5250 West 74th Street Pfiffner Heating and Air Conditioning 6301 Welcome Ave. N. Precise Heating, A/C & Electric, Inc. 2729 Ensign Ave. N. Romark, Inc. 2647 Eldridge Avenue RENTAL DWELLINGS Initial: Brooklyn Center Church of Christ 6219 Dupont Ave. N. Theresa Anne Malone 5339 Emerson Ave. N. Charles Knudtson 4201 Lakeside Ave. N. #313 John and Edna Moryn 4207 Lakeside Ave. N. #130 James and Janet Billig 5127 E. Twin Lake Blvd. Floyd and Linda Ruggles 706 53rd Ave. N. Renewal: Ewing Square Associates Ewing Square Townhouses Redevco Marvin Garden Townhomes Eugene Hanauska 6538 Brooklyn Blvd. Jay Showalter 6742 -44 France Ave. N. Robert Kelly 7137 France Ave. N. Pat or Hal Gensler 5214 Great View Ave. N. Gregory J. Collins 1600 Irving Lane Creed Carson 4201 Lakeside Ave. N. #214 Eugene Temple 4207 Lakeside Ave. N. #235 United Homes, Inc. 6825 -27 Noble Ave. N. Dennis J. Bona 5207 Xerxes Ave. N. Frances M. Lunacek 5211 Xerxes Ave. N. Diane and Eugene Wright 4408 69th Ave. N. SIGN HANGER Scenic Sign Corporation P. 0. Box 881 The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Approving Plans and Specifications and Directing Advertisement for Bids for Construction of Well No. 10, Improvement Project No. 1990 -02. The City Manager noted in January of 1990, the City Council adopted a resolution approving an agreement with Black & Veatch, Consulting Engineers, to provide engineering services relating to the design and development of plans and specifications for the construction of an additional well. He noted the first part of Black & Veatch's assignment was to recommend a 5/21/90 -3- t specific site for the new well. He noted this work has been completed. The Director of Public Works went on to review the recommended site and discussed the various factors upon which Black & Veatch based its decision. Councilmember Scott noted Black & Veatch had recommended modifications to the other well houses. She inquired when this would take place. The Director of Public Works stated these modifications would be part of the regular maintenance schedule for the sites. The Director of Public Works stated the City must develop a water conservation plan before applying for the well drilling permit. There was a brief discussion regarding the aquifers from which the City draws its water. Councilmember Cohen stated he would like staff to present information on the geological formation and indicate where the City is in relation to other area cities at a future work session. Councilmember Pedlar noted some of the experts are saying we are still in the middle of a drought. He inquired if the Director of Public Works had any other information. The Director of Public Works stated the information he has received is that Minnesota is in the third year of a ten year drought cycle. cle. Counc' p Councilmember ember Y Pedlar inquired how long the City could go without rain before instituting a restriction. The Director of Public Works stated he would expect it to take longer than two weeks but certainly within a month's time restrictions would have to be placed if we did not receive any rainfall. RESOLUTION NO. 90 -103 Member Jerry Pedlar introduced the following esolution and moved ed its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS FOR CONSTRUCTION OF WELL NO. 10, IMPROVEMENT PROJECT NO. 1990 -02 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented a Resolution Declaring a Public Nuisance and Ordering the Removal of Shade Trees (Order No. DST 05/21/90). He noted this is the first list of the season for diseased tree removal. Councilmember Cohen asked the Director of Public Works to give an update on the reforestation program. The Director of Public Works gave a brief update regarding the reforestation program proposal. He noted the price per tree could vary considerably based on the number, types, and locations of trees for replacement. He stated in order to get a good estimate of the magnitude of such a project, he would recommend working with the property owners which are losing rees in 1990 Councilmember uncilmember Cohen noted there are a number of people who have lost trees over the years. He noted the City could begin working with these people now and give them a good cost estimate. The Director of Public Works went on to discuss the procedures which could be used. Councilmember Scott noted when Robbinsdale organized this type of program, they had only one type of tree to offer. She stated she would hope the City would have more variety. The Director of Public Works noted the more variety and size options which are available, the higher the cost. He added, however, the City would want to provide some options. RESOLUTION NO. 90 -104 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF SHADE TREES 0 5/21/90 -4- (ORDER NO. DST 05/21/90) The motion for the adoption of the foregoing resolution was duly econded b Y y member Todd Paulson, and the motion passed unanimously. The City Manager presented a Resolution Adopting a Statement of Investment Policv. He noted this is the practice which the City is currently using. He stated staff has been directed by the auditor to formalize the policy and have it adopted. RESOLUTION NO. 90 -105 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION TO ADOPT A STATEMENT OF INVESTMENT POLICY The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. PLANNING COMMISSION ITEM PLANNING COMMISSION APPLICATION NO 90012 SUBMITTED BY SEMPER HOLDINGS /WALGREENS REQUESTING SITE AND BUILDING PLAN APPROVAL TO DEMOLISH THE EXISTING GREEN MILL RESTAURANT AND BUILD A NEW WALGREENS DRUG STORE AT 5540 BROOKLYN BOULEVARD The City Manager noted this item was recommended for approval by the Planning Commission at its May 10, 1990, meeting. The Director of Public Works referred the Mayor and Councilmembers to pages one through four of the May 10, 1990, Planning Commission minutes. He noted the applicant would like to demolish the current building and build a new structure to house the Walgreens Store. He noted, currently, there is also an off -site parking lot for this site. He stated there would be 64 parking spaces on -site and 35 in the off -site lot. He noted there were no proposed changes to the off -site lot. He explained the Planning Commission recommended approval of the application subject to 11 conditions which he reviewed for the Council. The Director of Planning and Inspection stated a public hearing was not necessary for this application. However, a representative of the applicant is present. Mayor Nyquist recognized Kathy Veckich of Semper Holdings. Ms. Veckich briefly reviewed the site layout and landscaping for the Council. Councilmember Pedlar inquired if a market study is done for the area before a Walgreens is built. Ms. Veckich stated Walgreens does an extensive study before it constructs a new store. She noted Walgreens signs a 20 year contract with Semper Holdings. Councilmember Cohen noted if the off -site parking lot were detached and sold to someone else, the Council would be limiting he use of this building to a re g g tail use instead of restaurant. The Director of Planning and Inspection noted that was correct but added, however, Semper Holdings have indicated it is not interested in selling the off -site parking lot. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to approve Planning Commission Application No. 90012 submitted by Semper Holdings /Walgreens subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official 5/21/90 -5- t with respect to applicable codes P rior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas on the principal site to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as -built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 10. The property owner shall enter into an Easement and Agreement for maintenance and inspection of utility and storm drainage systems, prior to the issuance of permits. 11. Fire hydrants shall be installed and fire lanes designated in accordance with the recommendations of the Fire Chief. The motion passed unanimously. DISCUSSION ITEMS MUNICIPAL STATE AID STREET PROJECT FUNDING UPDATE AND BONDING PROPOSAL The City Manager briefly reviewed the State aid projects which have been completed since 1980. He noted MNDOT had asked that the City not work on certain areas during the construction of I- 94/I- 694/T.H.252. He stated staff has proposed two alternate plans for financing upcoming projects. He noted one involved selling MSA bonds; the second would involve using the existing and projected receipts from regular MSA sources. He explained the bonding alternative would leave an estimated balance of approximately 4.5 million dollars in MSA funds for use on future projects, while the no bonding alternative would leave an estimated balance of approximately 2 million dollars. He noted staff is recommending the City Council proceed with the bonding alternate. 5/21/90 -6- t 69TH AVENUE SOUTH SIDE PROPERTY DISCUSSION The City Manager stated the Council has directed staff to investigate the possibility of purchasing homes between Northstar Dodge and Mound Cemetery. He stated MSA funds would not be available for purchasing these homes. He explained the homes which are zoned R -3 could be purchased for a future retail use. He added there are a number of alternatives for the other homes in the area. He went on to review these alternatives. He added the project would incur significant expense if the City were to purchase the south side homes and use them for additional landscape improvements. Councilmember Pedlar stated he appreciates the time staff has spent reviewing this project with him. He inquired if the staff is considering purchasing the homes on the south side. The City Manager stated at this point staff is simply reporting back on all alternatives. The City Attorney noted the City would have no legal authority to acquire these homes. He noted acquisition would be solely to help someone market their home because they did not wish to live next to a public improvement. Councilmember Pedlar noted at the public hearing there was no input from the south side residents. He inquired if staff has spoken with any of these residents. The City Manager noted he has received correspondence from two or three residents. The EDA Coordinator noted he has spoken with a number of people from the water tower west to Brooklyn Boulevard who have expressed interest in not selling their homes to the City. Councilmember Scott stated acquisition of the homes along the south side of 69th Avenue would be very expensive, and she noted she did not feel it was within the City's budgetary means to purchase them at this time. She added she also felt it would not be a good purchase if the City did not have a use for this property. Councilmember Pedlar stated he agrees with Councilmember Scott that at this time the money is not there to purchase these homes. He did note, however, this area provides the City with a unique opportunity for redevelopment. He added he does have some concerns that residents in this area will lose pride in their property and community because of the project. There was some discussion regarding the type of roadway which could be put in if all the homes on the north and south side were taken. The City Manager likened that type of project to Victory Memorial Parkway. Councilmember Cohen inquired if staff had any estimate of the cost to expand the roadway to this type of parkway. The City Manager stated there were no figures which could be given. However, this type of project would include acquisition, removal of existing buildings, widening of pavement and landscaping. Councilmember Cohen stated he feels there is a need to make a decision fairly soon for the sake of the residents and also to allow contracts to be bid. He stated maybe staff should talk with some real estate brokers to determine whether they would be interested in working with the business community to develop a proposal. Councilmember Scott noted for 20 years the County promised to upgrade 69th Avenue and it never happened. She noted now this land has been turned over to the City, and she feels whatever option the City chooses, the residents will see an improvement in their quality of life. She added she definitely opposes spending money on the purchase of the homes on the south side of 69th Avenue. Mayor Nyquist noted it sounds as though the City would be better off to not assess these properties than to consider any purchase options. The City Manager noted the City assessment policies are approximately 20 years old. He noted the staff and Council could review this policy if it so wished. He noted this 5/21/90 -7- a development is rather unique. Councilmember Scott noted there would be some time for rev" T review of the policy before the Council would have to take any action on the assessments. Mayor Nyquist stated he agrees with Councilmember Cohen that a decision must be made in the very near future for the sake of the residents. There was a motion by Councilmember Cohen and seconded by Councilmember Paulson instructing staff to write a resolution which would set down in chronological order the past actions regarding this issue. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8:47 p.m. and reconvened at 9:01 p.m. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Approving Cooperative Agreement with the Minnesota Department of Transportation. He noted this agreement pertains to the cost participation for reconstruction of West River Road between 66th and 73rd Avenues North improvement project No. 1988 -18. The Director of Public Works stated MNDOT is offering $652,000 plus a $55,000 contingency as participation in this project. He noted the original estimate of participation was $500,000 from MNDOT. He added, in addition, the proposed agreement provides that upon completion of this improvement, MNDOT will turn the ownership and jurisdiction of West River Road over to the City of Brooklyn Center. RESOLUTION NO. 90 -106 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING COOPERATIVE AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION RE: COST PARTICIPATION FOR RECONSTRUCTION OF WEST RIVER ROAD BETWEEN 66TH AND 73RD AVENUES NORTH, IMPROVEMENT PROJECT NO. 1988 -18 The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. The City Manager presented a Resolution Approving Amendment to Agreement for Professional Services Relating to West River Road, Improvement Project No. 1988- 18. The Director of Public Works noted since execution of the original contract with Short - Elliott- Hendrickson, Inc., a number of changes and additions have been made to the scope of the project. He went on to explain the changes and additions which have been made. He stated there has been a $43,250 cost overrun on this contract. He then went on to review the detailed report concerning this overrun. The Director of Public Works stated staff is recommending payment of $31,800. He noted SEH has verbally agreed to this adjustment. Councilmember Pedlar inquired if the City has ever experienced a similar type of overrun with SEH. The Director of Public Works stated he believes this is the only substantial overrun with SEH. RESOLUTION NO. 90 -107 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION APPROVING AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES RELATING 5/21/90 -8- J TO WEST RIVER ROAD, IMPROVEMENT PROJECT NO. 1988 -18 The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. The City Manager presented a Resolution Accepting Bid and Awarding Contract for Reconstruction of West River Road between 66th and 73rd Avenues North, Improvement Project No. 1988 -18. The City Manager noted staff is recommending this item be tabled until a later date. He noted there were some problems with regard to the wage rate requirements, and the statutes are not clear. The Director of Public Works stated he ma_v ask for a special meeting when the issue is cleared up to make this award. There was a motion by Councilmember Scott and seconded by Councilmember Paulson to table a Resolution Accepting Bid and Awarding Contract for Reconstruction of West River Road between 66th and 73rd Avenues North Improvement Project No. 1988 -18. The motion passed unanimously. The City Manager presented a Resolution Approving Payment for Roadway Easements from Brooklyn Center High School and from Econolodge Inc., Improvement Project Nos. 1989 -26 and 1989 -27. The Director of Public Works stated agreements have been reached with property owners to provide those easements to the City at the appraised values established by the City Assessor. RESOLUTION NO. 90 -108 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION APPROVING PAYMENT FOR ROADWAY EASEMENTS FROM BROOKLYN CENTER HIGH SCHOOL AND FROM ECONOLODGE INC., IMPROVEMENT PROJECT NOS. 1989 -26 AND 1989 -27 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented a Resolution Approving Agreement with Northern States Power Company to Remove Overhead Power Lines in the Vicinity of the Intersection of Freeway Boulevard and Humboldt Avenue. He explained the cost for this work was proposed in the City's share of the project costs. RESOLUTION NO. 90 -109 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION APPROVING AGREEMENT WITH NORTHERN STATES POWER COMPANY TO REMOVE OVERHEAD POWER LINES IN THE VICINITY OF THE INTERSECTION OF FREEWAY BOULEVARD AND HUMBOLDT AVENUE The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. The City Manager presented a Resolution Accepting Bid and Awarding Contract for Reconstruction of Freeway Boulevard /65th Avenue /66th Avenue North between Shingle Creek and T.H. 252 and for the Improvement of Humboldt Avenue North between 65th and 69th Avenues North, Improvement Project Nos. 1989 -26 and 1989 - 5/21/90 -9- 27, Contract 1990 -D. Councilmember Paulson inquired why staff does not have the same problem awarding this contract as it did the contract for West River Road. The Director of Public Works stated this project is being paid for through State aid funds and � the other project is using turnback mounds. He noted there are different rules for she different types of funds. Councilmember Scott inquired why the bid came in $200,000 less than the estimate. The Director of Public Works stated at this point the contractors are eager for work, and the City is entering the bid market at a good time. He then went on to review the proposed completion dates. RESOLUTION NO. 90 -110 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR RECONSTRUCTION OF FREEWAY BOULEVARD /65TH AVENUE /66TH AVENUE NORTH BETWEEN SHINGLE CREEK AND T.H. 252 AND FOR THE IMPROVEMENT OF HUMBOLDT AVENUE NORTH BETWEEN 65TH AND 69TH AVENUES NORTH, IMPROVEMENT PROJECT NOS. 1989 -26 AND 1989 -27, CONTRACT 1990 -D The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. The City Manager presented a Resolution Accepting p in Bid and Awarding Contract for I g g Installation o f Traffic Control Signal Systems at the Intersections g y of Freeway Boulevard with Shingle Creek Parkway, at Freeway Boulevard with Humboldt Avenue, and at 65th Avenue North with Dupont Avenue North, Improvement Project Nos. 1988 -25, 1990 -11, and 1990 -12, Contract 1990 -E. RESOLUTION NO. 90 -111 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR INSTALLATION OF TRAFFIC CONTROL SIGNAL SYSTEMS AT THE INTERSECTIONS OF FREEWAY BOULEVARD WITH SHINGLE CREEK PARKWAY, AT FREEWAY BOULEVARD WITH HUMBOLDT AVENUE, AND AT 65TH AVENUE NORTH WITH DUPONT AVENUE NORTH, IMPROVEMENT PROJECT NOS. 1988 -25, 1990 -11 AND 1990 -12, CONTRACT 1990 -E The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. EARLE BROWN DAYS REPORT The City Manager stated the Earle Brown Days Committee has notified him it may be necessary to close a portion of Earle Brown Drive for a few days of the events during Earle Brown Days. He stated the committee is requesting the Council's approval of this closure if it is necessary. There was a motion by Councilmember Cohen and seconded by Councilmember Scott authorizing the closure of a portion of Earle Brown Drive during the Earle Brown Days celebration if it is deemed necessary. The motion passed unanimously. ALL- AMERICA CITY APPLICATION STATUS The City Manager noted the City of Brooklyn Center is one of 30 finalists for this award. He noted the final competition would be held in Phoenix, Arizona, 5/21/90 -10- v in June. He stated if any of the Councilmembers were interested in attending, they should contact him to make arrangements. OTHER BUSINESS The Director of Public Works noted the Council did not give the staff any direction regarding the municipal state aid street project funding and bonding proposal. He inquired if the Council had any direction it wished to give. There was a motion by Councilmember Cohen and seconded by Councilmember Scott approving the MSA bonding alternative and directing staff to bring to the Council an MSA bond sale proposal within the next 18 months based on bond market timing. The motion passed unanimously. The City Manager noted there were a few small changes to the contract with the Peacemaker Center. He briefly reviewed them with the Council. There was a motion by Councilmember Scott and seconded by Councilmember Cohen approving amendments to the contract with the Peacemaker Center. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Pedlar and seconded by Councilmember Cohen to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:42 p.m. City Council Mayor 5/21/90 -11- I 9 MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JUNE 11, 1990 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:04 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Celia Scott, Todd Paulson, Jerry Pedlar, and Philip Cohen. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Finance Director Paul Holmlund, Director of Planning and Inspection Ron Warren, City Attorney Charlie LeFevere, City Engineer Mark Maloney, and Administrative Aide Patti Page. INVOCATION The invocation was offered by Reverend Bob Cilke of the Brooklyn Center Prayer Breakfast Committee. OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the open forum session this evening. He inquired if there was anyone present who wished to address the Council. There being none, he continued with the regular agenda items. Mayor Nyquist noted, although, the City of Brooklyn Center was nominated as one of the finalists for the All - America City Award, it was not named one of the ten. He stated he felt it would be appropriate to recognize the committee and Frank Slawson who was chairman of this committee. RESOLUTION NO. 90 -112 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING GRATITUDE TO THE ALL - AMERICA CITY COMMITTEE The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. Councilmember Cohen stated he thought it would be appropriate for the City to send a letter to the City of South St. Paul recognizing its designation as an All - America City. There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar directing staff to prepare a resolution congratulating the City of South St. Paul on its designation as an All - America City. The motion passed unanimously. CONSENT AGENDA 6/11/90 _1_ M , i Mayor Nyquist inquired if any Councilmembers requested any items removed from the consent agenda. Councilmember Paulson requested item 10a be removed. APPROVAL OF MINUTES - APRIL 23 1990 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Cohen to approve the minutes of the April 23, 1990, City Council meeting. The motion passed unanimously. FINAL PLAT APPROVAL There was a motion by Councilmember Scott and seconded by Councilmember Cohen to approve the final plat for Cross of Glory Lutheran Church. The motion passed unanimously. PERFORMANCE BOND RELEASE There was a motion by Councilmember Scott and seconded by Councilmember Cohen releasing the performance bond for Kids R Us, 5717 Xerxes Avenue North. The motion passed unanimously. PROCLAMATION Member Celia Scott introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING JUNE 29, 1990, AS ANNE MARSHALL DAY IN BROOKLYN CENTER The motion for the adoption of the foregoing proclamation was duly seconded by member Philip Cohen, and the motion passed unanimously. RESOLUTIONS RESOLUTION NO. 90 -113 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1989 -G BROOKDALE SQUARE TRAFFIC SIGNALS The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. RESOLUTION NO. 90 -114 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER IMPROVEMENT PROJECT NO. 1990 -09 - WELL NO. 2 MODIFICATIONS The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. RESOLUTION NO. 90 -115 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR RECONSTRUCTION OF WEST RIVER ROAD BETWEEN 66TH AND 73RD AVENUES NORTH, IMPROVEMENT PROJECT NO. 1988 -18, CONTRACT 1989 -I 6/11/90 -2- I The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. RESOLUTION N0, 90 -116 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 06 /11/90) The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. RESOLUTION NO. 90 -117 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING THE ACHIEVEMENT OF STEVE STROMQUIST The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Cohen to approve the following list of licenses: AMUSEMENT DEVICE - OPERATOR Brooklyn Center Community Center 6301 Shingle Ck. Pkwy. Chuck Wagon Inn 5720 Morgan Ave. N. Davanni's 5937 Summit Drive Earle Brown Bowl 6445 James Circle Lynbrook Bowl 6357 North Lilac Drive Metropolitan Transit Commission 6845 Shingle Ck. Pkwy. United Artists Theatre Circuit 5810 Shingle Ck. Pkwy. AMUSEMENT DEVICE - VENDOR American Amusement Arcades 850 Decatur Avenue Carousel International Corporation P. 0. Box 307 D.V.M. Inc. dba Dahlco 119 State Street GARBAGE AND REFUSE COLLECTION VEHICLE Block Sanitation 6741 79th Ave. N. Browning Ferris Industries of MN 9813 Flying Cloud Drive Gallagher's Service, Inc. 1691 91st Avenue NE Hilger Transfer, Inc. 8550 Zachary Lane Mengelkoch Company 119 NE 14th Street Metro Refuse, Inc. 8168 West 125th Street Randy's Sanitation, Inc. Route 342 ITINERANT FOOD ESTABLISHMENT LICENSE Brooklyn Center Lioness 5405 Queen Ave. N. Brooklyn Center Park & Recreation 6301 Shingle Ck. Pkwy. Frank Huebl 1274 Desoto Street 6/11/90 -3- International Fine Foods 2529 Nicollet Ave. #201 Betsy Medley 1762 Canyon Lane Mr. Movies 1964 57th Ave. N. Northland DeLite 3040 La Bore Road Northern Treats 10433 Arrowhead St. PT Donuts 14010 39th Ave. N. T C P Enterprises 26656 Woodcrest Drive MECHANICAL SYSTEMS Construction Mechanical Services, Inc. 1307 Sylvan Street Excel Air Systems 2075 Prosperity Road Rapid Heating and Air Cond. 5514 34th Ave. N. SIGN HANGER Lawrence Signs, Inc. 945 Pierce Butler Route SWIMMING POOL Brookside Manor Apartments 1121 -1307 67th Ave. N. The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Accepting Work Performed under Contract 1989 -F. He noted this was the alley paving improvement project Nos. 1989 -08, 1989 -15, 1989 -16, and 1989 -17. Councilmember Paulson stated he would like a clarification as to whether the additional costs were additions to the contract or contract changes. The Director of Public Works stated the majority of the overrun is due to the underestimation of bituminous quantities associated with improvement project No. 1989 -17. He explained the contract was bid on unit prices for each material. He stated an estimate was prepared for the necessary quantities of materials but noted this is only an estimate, and sometime there is a need for more or less of the materials than estimated. The City Manager explained this is the type of contract that is used consistently throughout the State of Minnesota. He noted a contractor would bid the contract quite high if they were bidding on a lump sum contract. The Director of Public Works agreed with the City Manager's statement and noted this is a universal contract used on 95% of all public works projects in the State. He added while the total cost of the project is 6% higher than the bid amount, it is actually lower than the original estimate for the project. Councilmember Pedlar inquired if the contractor confirms these changes or additions with staff. The Director of Public Works stated during the course of the project both staff and the contractor realized the error in the quantity estimates and staff gave its approval before the contractor proceeded. Councilmember Scott inquired why the final cost of the staff engineering was so much higher than the original estimate. The Director of Public Works stated he did not have any information at this time. The City Engineer stated he believed it was because there was much more staff time required for inspection purposes than had been originally anticipated. The Director of Public Works stated he would check into this and report back to the Council at a later date. RESOLUTION NO. 90 -118 6/11/90 -4- i Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1989 -F - ALLEY PAVING IMPROVEMENT PROJECT NOS. 1989 -08, 1989 -15, 1989 -16, AND 1989 -17 The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. The City Manager presented a Resolution Accepting Bid and Awarding Contract for 1990 Sealcoating Program, Improvement Project No. 1990 -08, Contract 1990 -A. The Director of Public Works displayed for the Council samples of various sealcoat materials. He explained until 1989 the standard material which was used was the FA -3 or FA -3 modified noting the smaller aggregates were much more expensive. He stated the market has changed, and it is now easier and less expensive to obtain the smaller aggregate. He explained bids were taken on four options which in some cases had two types of materials, one to be used on residential streets and the other for collector streets. He stated although option A is the most desirable combination of materials, option B is most cost effective and should provide a nearly identical level of service. Councilmember Scott inquired if there was a coarser grade of material than what is being displayed this evening. She inquired if the City is sure the contractor used what they said they were going to use when they did the sealcoating in the region to area. She explained she has walked in this area, and she agrees with residents it is very difficult to walk on this material. She explained a lot of the material is very loose and inquired if the City could do anything about this problem. The Director of Public Works stated from the standpoint of protecting the street, the material is doing its job. RESOLUTION NO 90 -119 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 1990 SEALCOATING PROGRAM, IMPROVEMENT PROJECT NO. 1990 -08, CONTRACT 1990 -A The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. The City Manager presented a Resolution Approving Purchase Agreement for 69th Avenue Right -of -Way, Improvement Project No. 1990 -10. He explained this resolution approves the terms of the purchase agreement which has been negotiated by the City's right -of -way agent for purchase of the property located at 3706 69th Avenue North. Councilmember Cohen inquired what would happen to this property once the City is the owner. The Director of Public Works stated staff is currently setting up the process for maintaining the acquired properties. He noted staff will be asking the Council to approve the process which would allow for removal of homes in batches as several become vacant. Councilmember Cohen inquired if there would be any consideration given to renting the properties. The City Manager stated staff has spoken with the Hennepin County Park Board because they have also acquired homes in the past. He noted the Park Board has stated it is to their advantage to remove the homes as soon as possible. He stated the Park Board noted when renting homes there are too many problems which can arise. The Director of Public Works added the 6/11/90 -5- City may have to pay the relocation costs for the renters as well as the original owners if the City rents the property. Councilmember Pedlar stated he wants to be sure the staff and Council will be ultra - sensitive to the needs of the residents living directly north of the acquired homes. The Director of Public Works stated staff does plan to meet with the neighbors regarding the maintenance process and to keep them informed. RESOLUTION NO. 90 -120 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION APPROVING PURCHASE AGREEMENT FOR 69TH AVENUE RIGHT -OF -WAY, IMPROVEMENT PROJECT NO. 1990 -10 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. ORDINANCE The City Manager presented An Ordinance Amending Chapter 35 of the City Ordinances Relating to the Parking Requirements for Retail Stores or Centers and Financial Institutions. He noted this item was first read on May 7, 1990, published in the City's official newspaper on May 16, 1990, and is offered this evening for a second reading. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Relating to the Parking Requirements for Retail Stores or Centers and Financial Institutions. He inquired if there was anyone present who wished to address the Council. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to close the public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Relating to the Parking Requirements for Retail Stores or Centers and Financial Institutions. The motion passed unanimously. ORDINANCE NO 90 -13 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES RELATING TO THE PARKING REQUIREMENTS FOR RETAIL STORES OR CENTERS AND FINANCIAL INSTITUTIONS The motion for the adoption of the foregoing ordinance was duly seconded by member Todd Paulson, and the motion passed unanimously. PLANNING COMMISSION ITEM PLANNING COMMISSION APPLICATION NO 90009 SUBMITTED BY KEITH STURM /RELIANCE REAL ESTATE REQUESTING A VARIANCE FROM THE RETAIL PARKING REQUIREMENTS CONTAINED IN SECTION 35 -704 OF THE ZONING ORDINANCE TO ALLOW A RETAIL USE OF THE GOLD'S GYM BUILDING AT 2920 COUNTY ROAD 10 The Director of Planning and Inspection stated it was the applicant's intent to withdraw this application if the ordinance amending chapter 35 was approved. Councilmember Cohen stated he would agree with the withdrawal of the 6/11/90 -6- application. However, he feels staff should prepare a resolution which will document the action taken during this application process. He said he felt it is important to document this for future variance requests. There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar acknowledging withdrawal of Planning Commission Application No. 90009 submitted by Keith Sturm /Reliance Real Estate, and directing staff to prepare a resolution documenting actions regarding this Planning Commission application. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 7:50 p.m. and reconvened at 8 :07 p.m. PRESENTATION ANNUAL AUDITED FINANCIAL REPORT The Finance Director stated representatives of the City's Independent Audit Firm were present this evening to make a presentation of the annual audited financial report. He introduced Charlie Hansen, the City's Assistant Finance Director; Ed Robinson, Patti Worden, and Monica Forret, of Deloitte and Touche. The Finance Director noted he and Mr. Robinson would be jointly reviewing certain areas this evening. He and Mr. Robinson then went on to present selected financial information from the audit. Patti Worden and Monica Forrett then went on to discuss the management letter. Ms. Forrett noted the management letter discusses the various comments, concerns, and observations made by the auditors. She then briefly reviewed the recommendations regarding the accounting process for the Earle Brown Farm. DISCUSSION ITEMS UPPER TWIN LAKE The City Manager stated he has received a request for funding assistance for algae treatment on Upper Twin Lake. He noted the lake owners association has also asked the City of Crystal for funding assistance. He stated the City of Crystal has reviewed the request and deferred the issue to the 1991 budget discussions. Mayor Nyquist recognized Kristen Mann, chairperson of the Upper Twin Lake Association. Ms. Mann stated that this is not a green stain which appears on the lake but more similar to a green crust. Councilmember Pedlar asked if the DNR has addressed this issue. Ms. Mann responded negatively. The City Manager noted that the City Council for the City of Crystal did not direct the City Manager to put this item into the 1991 budget but stated it would discuss it during the budget process. Mayor Nyquist inquired why the County or the DNR is not taking care of this problem. The City Manager stated neither the County nor the DNR are actively controlling this algae problem. He noted it is similar to the purple loose strife problem. He stated in 1989 the DNR contributed some funding for control of purple loose strife on Twin Lake, but the City crews had to actually treat the problem. Councilmember Scott stated she feels more than just treating the algae must be done. She noted there must be an education process for the residents, and someone should be working with the DNR and the Watershed Management Commission to prevent pollution of the lake. Councilmember Scott 6/11/90 -7- inquired how often the Watershed Commission meets. She also asked if the residents can attend these meetings. Ms. Mann stated she is currently receiving copies of the minutes and meeting notices. She noted she does attend whenever it is possible. Councilmember Cohen stated that Ms. Mann is not looking for a large amount of money when it is split between the two cities. He noted a month or so ago the Council gave approval to the Water Ski Association for training on this lake and noted this could be having an adverse affect on the algae problem. He stated the City should not ignore the fact there are other problems on this lake. Councilmember Pedlar stated maybe the other cities which are affecting this lake should also be working towards a solution. There was a motion by Councilmember Cohen and seconded by Councilmember Scott directing staff to work with the Upper Twin Lake Association and the City of Crystal to address the issues of the funding request, the use of oversized motors and boats on the lake, and controlling the quality of storm water runoff into the lake. The motion passed unanimously. STATE LAW REGARDING CAMPAIGN SIGNS The City Manager noted there has been a change to State law which will have a direct impact on the City sign ordinance as it relates to political or campaign signs. He explained the new State law will prevent any municipality from regulating the size of noncommercial signs displayed in a State general election year during the time from August 1 until ten days following the State general election. He noted this State law pre -empts the City's ordinance. A brief discussion then ensued regarding the new State law and how it would directly affect the City's ordinances. It was noted that the new law will not change the City's regulations on the locations or placement of signs. There was a motion by Councilmember Scott and seconded by Councilmember Paulson directing staff to modify the City ordinances so they are the same as the State law during August 1 until ten days following the State general election. The motion passed unanimously. ESTABLISHING THE BROOKLYN CENTER DRUG AWARENESS COMMISSION The City Manager explained the current Drug Task Force was established approximately four years ago by Mayor Nyquist to promote drug awareness in the community and coordinate and promote various community activities in drug awareness and prevention areas. He noted the Task Force never received formal City Council approval. He explained in 1989 the Councilmembers and Task Force started discussions for making the Task Force a formal City commission. A brief discussion then ensued regarding the composition of the commission. The City Manager noted the largest commission in the City, at this time, is nine members. Councilmember Paulson inquired if a residency requirement should be added or if the Council should mandate a threshold number of Brooklyn Center residents. Councilmember Scott stated she felt it was important for residents to be on the commission, but it is equally important to keep the school counselors on the commission because they are the most informed on this topic. There was a motion by Councilmember Cohen and seconded by Councilmember Scott to approve the resolution with an amendment to subdivision 5 to indicate the commission would be composed of a chairperson and eight members. 6/11/90 -8- I Councilmember Paulson stated he would like to make a further amendment which would require at least 50% of the membership to be Brooklyn Center residents. Councilmember Pedlar stated he would second this amendment for the sake of a discussion. Councilmember Pedlar stated he feels the Task Force is already working well, and he feels 50% is too high. Councilmember Cohen stated it could be worded so that the membership must either live or work in Brooklyn Center and that would give the commission the best cross section of membership. Councilmember Scott stated she would have a few concerns about taking a commission that is already working well and forcing someone to quit because they are not a Brooklyn Center resident. Mayor Nyquist inquired if Councilmember Paulson would agree to the language that "to the extent possible members must live or work in Brooklyn Center ". Councilmember Paulson stated he feels that would defeat the purpose of the residency requirement. Councilmember Pedlar inquired if it could be no less than four Brooklyn Center residents were required. Councilmember Scott called for a vote on Councilmember Paulson's amendment. Mayor Nyquist asked for a roll call vote on Councilmember Paulson's amendment to Councilmember Cohen's motion. Voting in favor: Councilmember Paulson; Voting against: Mayor Nyquist, Councilmember Pedlar, Councilmember Scott, and Councilmember Cohen. The amendment was denied. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to place additional' language in subdivision 5 to indicate that no less than four members must be Brooklyn Center residents. The motion passed unanimously and the amendment was approved. RESOLUTION NO. 90 -121 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION CREATING THE BROOKLYN CENTER DRUG AWARENESS COMMISSION AND DEFINING ITS DUTIES AND RESPONSIBILITIES The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. There was a motion by Councilmember Pedlar and seconded by Councilmember Paulson approving the proposed membership list for the Brooklyn Center Drug Awareness Commission. The motion passed unanimously. There was a motion by Mayor Nyquist and seconded by Councilmember Pedlar directing the Drug Awareness Commission to establish terms of appointment for the commissioners. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:16 p.m. City Clerk Mayor 6/11/90 -9- CITY OF BROOKLYN CENTER Council Meeting Date 6/25/9 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED SHADE TREES ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: SY KNAPP, DI R OF PUBLIC WORKS MANAGER'S REVIEW /RECOMMENDATION: i No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) The attached resolution represents the official Council action required to expedite removal of the trees most recently marked by the City tree inspector, in accordance with approved procedures. It is anticipated that this resolution will be submitted for Council consideration each meeting during the summer and fall as new trees are marked. Recommendation It is recommended the Council adopt the attached resolution. i -7 7 Member introduced the following resolution and LL moved its adoption: RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED SHADE TREES (ORDER NO. DST 06/25/90) WHEREAS, a Notice to Abate Nuisance and Shade 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 shade trees on the owners' property; and WHEREAS, the City can expedite the removal of these shade 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 shade trees at the following addresses are hereby declared to be a public nuisance. PROPERTY OWNER PROPERTY ADDRESS TREE NUMBER DANIEL ONDICH 5721 MAJOR AVE N 113 RAYMOND BEACH 5715 MAJOR AVE N 114 DOROTHY WOODY 5837 ADMIRAL LN 115 JAMES & CINDI NELSON 5928 ADMIRAL LN 116 JERRY ANDERSON 6006 ADMIRAL LN 117 TERESA LEHMAN 3013 O'HENRY RD 118 NORMAN ANDERSON 3113 O'HENRY RD 119 DAVID & DEBRA ADAMS 2901 NASH RD 120 JUDITH TIBER 3018 NASH RD 121 DENNIS BATTY 3319 MUMFORD RD 122 NGHIA TRUNG LE 3412 62ND AVE N 123 DONNA FOSTER 6212 CHOWEN AVE N 124 ALTON PROCTOR 3501 63RD AVE N 125 GERALD DOUCETTE 5949 ZENITH AVE N 126 JAMES BELL 5948 ABBOTT AVE N 127 THEODORE WAITE 5900 YORK AVE N 128 GERALD ANDERSON 5913 YORK AVE N 129 GERALD ANDERSON 5913 YORK AVE N 130 JAMES SWENSON 6000 WASHBURN AVE N 131 JAMES SWENSON 6000 WASHBURN AVE N 132 KEITH HARTLAGE 5930 WASHBURN AVE N 133 GEORGE THOMPSON 5936 WASHBURN AVE N 134 DAVID WOLFF 5918 WASHBURN AVE N 135 GERALD MCDONALD 5919 WASHBURN AVE N 136 JAMES PISTILLI 5901 WASHBURN AVE N 137 CITY OF BC 2107 ERICON DR 138 M. J. BLOOMQUIST 6412 FREMONT AVE N 139 THOMAS ZETTERVALL 1821 55TH AVE N 140 HARRIET BERG 620 53RD AVE N 141 HOWARD MEYER 5036 FRANCE AVE N 142 HOWARD MEYER 5036 FRANCE AVE N 143 RESOLUTION NO. PROPERTY OWNER PROPERTY ADDRESS TREE NUMBER MARK SJOBERG 5126 DREW AVE N 144 PETER FABIAN 5036 DREW AVE N 145 LINDA NORDQUIST 5046 DREW AVE N 146 ELSIE MASON 3808 FRANCE PLACE 147 MARK MUNDALE 3801 FRANCE PLACE 148 J. & K. MANN 5415 E TWIN LK BLVD 149 BERTIL JOHNSON 5333 E TWIN LK BLVD 150 BERTIL JOHNSON 5333 E TWIN LK BLVD 151 DUANE MC KELVEY 5048 FRANCE AVE N 152 M. JEAN BORMAN 5106 FRANCE AVE N 153 HAROLD D. EVENSON 5136 FRANCE AVE N 154 HELEN LAMPMAN 5300 FRANCE AVE N 155 HELEN LAMPMAN 5300 FRANCE AVE N 156 GREGORY HORNER 3712 53RD PLACE 157 GREGORY HORNER 3712 53RD PLACE 158 CARL SANDSTROM 3612 53RD PLACE 159 HUBERT LUNDBERG 5319 NORTHPORT DR 160 CHARLES SPLEISS 5313 NORTHPORT DR 161 CHARLES JOHNSON 5513 FRANCE AVE N 162 THOMAS TOWNSEND 5448 COLFAX AVE N 163 GEORGE DONDELINGER 5442 COLFAX AVE N 164 JAMES MACIAZKA 4917 ABBOTT AVE N 165 J. & M. DRAUSE 3321 50TH AVE N 166 BRIAN MURN 5421 E TWIN LK BLVD 167 EARL BROWN COMMONS 6100 SUMMIT DRIVE 168 GLENN LEITER 5224 FRANCE AVE N 169 NORBERT BUSKOL 5433 E TWIN LK BLVD 170 S. FELTH /R. FOURNIER 3112 49TH AVE N 171 EDMUND PEEK 5012 ZENITH AVE N 172 BROOKDALE COVENANT 5139 BROOKLYN BLVD. 173 RICHARD ALLEN 5336 NORTH LILAC DR 174 RANDALL LUNDSTEN 5539 GIRARD AVE N 175 MELVIN SWANSON 3113 65TH AVE N 176 RICHARD BAKER 3301 66TH AVE N 177 ROBERT SEIM 3000 66TH AVE N 178 DOLORES BULTMAN 3201 66TH AVE N. 179 FLOYD SWENSON 5626 KNOX AVE N 180 JILL MELEK 5619 KNOX AVE N 181 HARLAN NYBERG 5615 CAMDEN AVE N 182 JOHN MC CARTHY 5537 CAMDEN AVE N 183 YAQUINTO /MITCHELL 5435 CAMDEN AVE N 184 PATRICK READY 1019 73RD AVE N 185 HARVEY BARTHEL 5019 EWING AVE N 186 HENRY ZINN, JR. 5013 EWING AVE N 187 CRAIG NIERODE 5113 EWING AVE N 188 TERRY & LORI HOLTZ 5119 EWING AVE N 189 KIM HALVERSON 5138 EWING AVE N 190 WALTER MAHER 5207 EWING AVE N 191 WILLIAM HAWES 3612 53RD AVE N 192 WILLIAM ZIESKA 5455 BROOKLYN BLVD 193 RAYMOND SIGURDSON 5631 HILLSVIEW RD 194 RESOLUTION NO. PROPERTY OWNER PROPERTY ADDRESS TREE NUMBER KIRK LINDERHOLM 6312 BEARD AVE N 195 TODD PAULSON 3216 POE RD 196 REYNOLD JOHNSON 3318 POE RD 197 DOLORES BULTMAN 3201 66TH AVE N 198 MARTIN GONIOR 3212 66TH AVE N 199 DAVID LEINDECKER 3501 66TH AVE N 200 JOSEPH GALLAGHER 6606 DREW AVE N 201 DONALD EKBERG 3508 66TH AVE N 202 ROY PETERSON 3800 66TH AVE N 203 EUGENE HANAUSKA 6538 BROOKLYN BLVD 204 GREGORY AHO 6337 UNITY AVE N 205 GARY JOHNSON 6518 UNITY AVE N 206 STEVEN JUNCESKI 5231 66TH AVE N 207 ROBERT MCKAY 5125 WINCHESTER LN 208 DOUGLAS LANZ 4913 WINCHESTER IN 209 ARTHUR LEE 5130 65TH AVE N 210 JAMES HAZELTON 6425 SCOTT AVE N 211 JEFFREY LINDSHOLM 5207 64TH AVE N 212 KENNETH HALVORSEN,JR 4312 65TH AVE N 213 BRIAN JONES 6443 JUNE AVE N 214 RICHARD CRONE 4201 61ST AVE N 215 TIMOTHY SCHWECKE 4107 61ST AVE N 216 ROBERT MICKELSON, JR 4006 61ST AVE N 217 ARTHUR BURKE, JR. 3918 61ST AVE N 218 ARNOLD OLUFSON 3906 61ST AVE N 219 PATRICK DEE 3618 COMMODORE DR 220 CLIFFORD BARRINGER 4101 JANET LANE 221 KEITH OLSON 4107 JANET LANE 222 NANCY SEIFERT 2630 65TH AVE N 223 SHIRLEY METZ 2901 65TH AVE N 224 2. After twenty (20) days from the date of the notice, the property owners will receive a second written notice that will give them (5) business days in which to contest the determination of City Council by requesting a hearing in writing. 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. 4. All removal costs, including legal, financing and administrative charges, shall be specially assessed against the property. RESOLUTION NO. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 6/25/90 Agenda Item Number- 6 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN METROPOLITAN CLINIC OF COUNSELING, INC. AND THE CITY OF BROOKLYN CENTER FOR AN EMPLOYEE ASSISTANCE PROGRAM *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: e7 f Personnel Coordinator Signature - ti MANAGER'S REVIEW /RECOMMENDATION: � �y No comments to supplement this report below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached X ) The contract for the City's employee assistance program is due for renewal for the July 1, 1990, to June 30, 1991, period. Attached is a memorandum and supplementary materials describing the program and its use by employees in the past year. The City's utilization of the program in the 1989 -1990 period decreased slightly from last year. The cost per employee for the 1990 -1991 period will remain unchanged from the previous contract period. The total increases slightly to account for the increase in number of full -time employees. RECOMMENDED CITY COUNCIL ACTION: Pass a Resolution Authorizing Execution of an Agreement between Metropolitan Clinic of Counseling, Inc. and the City of Brooklyn Center for an Employee Assistance Program. �b Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN METROPOLITAN CLINIC OF COUNSELING, INC. AND THE CITY OF BROOKLYN CENTER FOR AN EMPLOYEE ASSISTANCE PROGRAM BE IT RESOLVED by the City Council of the City of Brooklyn Center that: 1. The Mayor and City Manager are hereby authorized to execute an agreement with Metropolitan Clinic of Counseling, Inc. to provide an Employee Assistance Program for permanent full -time City employees and their dependents and household usehold members. 2. The cost of the Employee Assistance Program shall not exceed $2,346 for the 1990 -1991 contract period. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. STATEMENT OF AGREEMENT between METROPOLITAN CLINIC OF COUNSELING, INC. and CITY OF BROOKLYN CENTER This agreement is for the period July 1, 1990 to June 30, 1991. In this agreement the term EMPLOYER refers to CITY OF BROOKLYN CENTER, and MCC refers to Metropolitan Clinic of Counseling, Inc. 1. SERVICES MCC has agreed to provide diagnostic (problem assessment and short -term counseling) and referral services - (motivational counseling, referral to competent care and follow -up) to all employees of the EMPLOYER, and to the employees' dependents and household members. 2. SERVICE AVAILABILITY Confidential assessment and referral services will be available from any of MCC's eight office locations in the Minneapolis -St. Paul metropolitan area, and two days a week in Northfield. Professional staff at MCC will respond to emergency and after -hours calls on a 24 -hour daily basis. 3. ADDITIONAL SERVICES MCC agrees to periodically provide (at no cost) promotional brochures to maintain employee awareness. MCC agrees to provide to the EMPLOYER a monthly statistical report regarding utilization of the services, and a detailed report at year -end. 4. EMPLOYER RESPQNSZBILITIES To assure adequate acceptability and utilization of this program, the EMPLOYER agrees to participate in recommended program exposure and employee education regarding available services. If the EMPLOYER chooses to conduct a mailing to employees, the mailing will be at the EMPLOYER's expense. The EMPLOYER agrees to provide MCC with: a) roster of names of employees covered under this program; and b) copy of current health plan coverages including hospitalization. 5. FEE. The base retainer fee for the agreement period is $1,173.00. (This fee is based upon the per employee rate of $8.50 for 138 employees.) The base retainer fee will cover all assessment and referral services up to a 3.0% annual utilization. The utilization fee will be billed for each one percent (1 %) or portion thereof increase in the utilization above 3.0 %, in accordance with the following schedule: Base retainer fee :(3.0% usage) 8.50 /employee = $1,173.00 3.01 - 4.00% 11.34 /employee = $1,564.92 4.01 - 5.00% 14.17 /employee = $1,955.46 5.01 or more + maximum fee 17.00 /employee = $2,346.00 As utilization increases, the above specified amounts will be added to the EMPLOYER's account, and will be integrated into subsequent billings. Pro -rata adjustments in the retainer fee will be computed quarterly when deviations occur which are greater than five percent (5 %) of the original number of employees as stated in this agreement. Invoic s are due and payable within 30 days of invoice date. Past due accounts are subject to 1 per month service charge, which is 18% per annum. METROPOLITAN CLINIC OF COUNSELING, INC. JDE CITY OF BROOKLYN CENTER DATE MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Geralyn R. Barone, Personnel Coordinator DATE: June 18, 1990 SUBJECT: Employee Assistance Program In 1977, the Brooklyn Center City Council adopted a "Statement of Policy for the Employee Assistance Program." The policy (attached) established a program in Brooklyn Center and defines the purpose of the program. The policy established a procedure whereby employees experiencing chemical, financial, marital, or other problems which may affect job performance could voluntarily seek professional diagnostic and referral services. When possible, employee benefits, such as sick leave and hospitalization, can be used for treatment or counseling. All contact with the diagnostic and referral service is confidential. One other option available under the program is a supervisory referral, in contrast to the self referral, under which the employee voluntarily uses the service; under a supervisory referral, a supervisor may refer an employee to the diagnostic and referral service if job performance is affected. The City Council selected the Metropolitan Clinic of Counseling, Inc. to provide diagnostic and referral services under the City's program. The service is provided through an annual contract paid by the City and there is no direct charge to employees. If an employee is referred to some form of treatment and the employee chooses to participate in the recommended treatment, such cost is assumed by the employee or his or her medical insurance coverage. COST OF PROGRAM The Metropolitan Clinic of Counseling, Inc. offers a fee schedule to public sector employers which is based on a utilization rate of the program. Private sector employers are charged a flat rate. Essentially, the cost of a program with a utilization rate increases as usage increases. The past cost of the program and the utilization rates are shown in the attached table. The fee schedule for the 1990 -1991 period will increase slightly because of the increase in the number of employees. The per employee rate remains unchanged from the previous contract year. The fee schedule is as follows: Base retainer fee $8.50 x 138 = $1,173.00 (0 - 39 utilization) UTILIZATION FEE 3.01 - 49 usage $11.34 /employee = $1,564.92 4.01 - 59 usage $14.17 /employe e= $1,955.46 5.019 or more = Maximum fee $17.00 1employee = $2,346.00 Maximum cost of the program will not exceed $2,346.00. HOW THE PROGRAM WORKS The services to employees provided by the Employee Assistance Program include an assessment of the problem and its severity, the development of an individualized treatment plan, assistance in obtaining appropriate and effective treatment, and follow up to review the treatment results. If the employee and the employee assistance counselor decide that further professional treatment is advisable, the cost of future treatment will be the responsibility of the employee or his or her insurance provider. A confidential summary report of the 1989 -1990 contract period is attached to this memorandum. Other services offered by this Employee Assistance Program are a series of seminars which can be offered to employees at no charge to the City. Current seminar topics include stress management, physical fitness, building healthy relationships, and nutrition basics. RECOMMENDATION Utilization of the program by employees continues to increase. Staff is recommending renewal of the Employee Assistance Program through Metropolitan Clinic of Counseling, Inc. CITY OF BROOKLYN CENTER EMPLOYEE ASSISTANCE PROGRAM CONTRACT PERIOD COST TO CITY UTILIZATION RATE 1977 -1978 $119 (City information not received a available 90% reim- bursement from State of MN) 1978 -1979 $605 (50% information not reimburse- available men t from State) 1979 -1980 $1,020.00 4.39 1980 -1981 $1,476.00 7.39 1981 -1982 $ 868.00 2.49 1982 -1983 $ 854.00 less than 1% 1983 -1984 $1,457.50 4.89 1984 -1985 $1,166.25 3.29 1985 -1986 $1,250.00 3.2% 1986 -1987 $ 937.50 1.6% 1987 -1988 $1,679.58 4.89 1988 -1989 $2,080.00 7.7% 1989- 1990 $2,278.00 6.2% y Statement of Policy - Employee Assistance Program City of Brooklyn Center The City of Brooklyn Center recognizes. that a aide range of problems, not directly associated with an employee's job responsibilities, can affect job performance. In most cases, the employee will overcome such personal problems independently_ and the employee's job performance will not be affected. In other cases, usual supervisory assistance or discipline will serve to motivate or guide the employee to solve his or her problems and the employee'.s job performance will return an acceptable level. In some instances, neither the efforts and resources of the employee nor the guidance by the supervisor has the desired effect of resolving the employee's problems. In such cases, unsatisfactory job performance may persist over a period of time, either on a constant or intermittent basis. The City of Brooklyn Center believes it is in the best interest of the employee', the employee's family and the City to provide an employee service which deals with such persistent problems. Beginning June 15, 1977 it is the policy of the City of Brooklyn Center to handle such employee problems within the following framework: ' 2. The City of Brooklyn Center is concerned with the health and well -being of its employees but it has no desire to interfere with employees' private lives. The administration will be concerned with an employee's personal problems only when job performance is adversely affected. or when problems reflect dis- credit on the City. - 2. This policy applies to all regular full -time employees of the City of Brooklyn Center regardless of their job title or responsibilities. •3. The program is available to families and dependents of employees as well as the employees themselves since it is recognized that problems at home can have an adverse effect on an employee's ability to function while at • 4. If employees or their dependents. realize that they have personal problems that may benefit from the assistance provided by the Employee Assistance Program, they are - encouraged to seek assistance on their own and will be supported in efforts to do so. - S. Participation in the program will not jeopardize an employee's job security, promotional opportunities,. or reputation. Page 2 Statement of Policy Employee Assistance Program 6. All records ords and discussions of personal problems will be handled in a confidential manner as are other medical records. Records will be kept by the diagnostic and referral agency and will not become part of the employee's personnel file. 7. Past experience shows that a significant portion of the problems encountered in such programs are related to problems involving • the use of alcohol and /or other drugs. It will be a policy of the City of Brooklyn Center that chemical dependency is generally recognized as a treatable illness and assuming the cooperation of the employee in treatment, will be dealt with as such. 8. When performance problems are not corrected with normal super- visory attention, employees may be referred to assistance to ._._ determine if personal problems are causing unsatisfactory per- formance. If performance problems are corrected, no further _ action will be taken,. If performance problems persist, the employee will be subject to normal corrective procedures. 9. In cases where it is necessary, employees may be granted sick leave, vacation or unpaid leave of absence for time for treatment or rehabilitation on the same basis as it is granted for health or disability problems. 10: Employee compliance with the program is' strictly voluntary. If an employee is referred to the Employee Assistance Program in lieu of other corrective or disciplinary measures and chooses not to participate in the Employee Assistance Program, then ' normal corrective measures will apply. Refusal to participate cannot be used as evidence to evaluate job performance. 11. There is no charge for the diagnostic and referral services, however, if costs are incurred for rehabilitation services that are not covered by insurance or other benefits, that cost will be the responsibility of the employee. 12. The program is not designed to provide ongoing treatment or counseling, but rather to provide early identification, motivation, and referral to appropriate care - giving resources in order to facilitate the resolution of any serious personal problems the employee might have. 13. • This policy does not alter or replace existing administrative Policy or contractual agreements, but serves as an adjunct to assist in their utilization. Metropolitan Clinic of Counseling, Inc. Suite 325N Court International 2550 University Ave. W. St. Paul, MN 55114 (612) 641 -0578 Employee Assistance Program r gr � r �1 �-, Monthl Pro o Irv Y Pr Repor for � P � City of Brooklyn Center Through May 31, 1990 Number of Referred by Self Drug /Alcohol Month Clients Employees Dependents Supervisor Referral Related Jul 89 2 1 1 0 2 0 Aug 89 3 3 0 0 3 0 Sep 89 0 0 0 0 0 0 Oct 89 0 0 0 0 0 0 Nov 89 0 0 0 0 0 0 Dec 89 0 0 0 0 0 0 Jan 90 1 0 1 0 1 0 Feb 90 0 0 0 0 0 0 Mar 90 3 1 2 0 3 0 Apr 90 1 0 1 0 1 0 May 90 0- 0 0 0 0 0 Year -to -Date 10 5 5 0 10 0 Ple all me if y ou h ave ave any questions. i A unt manager This report is based on information as it is presented by the client's initial telephone call to our office. It is possible that this information will change during the assessment process. The most complete and accurate data will be recorded on our detailed statistical report, prepared at the end of your contract year. - 7c Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION ACKNOWLEDGING GIFT FROM THE BROOKLYN CENTER ROTARY CLUB ------------------------------------ WHEREAS, THE BROOKLYN CENTER ROTARY CLUB has presented the City a gift of three hundred dollars ($300) and has designated that it be used for the "Entertainment in the Parks" program; and WHEREAS, the City Council is appreciative of the gift and commends the Brooklyn Center Rotary Club for its civic efforts: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to acknowledge the gift with gratitude; and BE IT FURTHER RESOLVED that the gift of $300 be appropriated to the General Recreation Program Budget to be used for the "Entertainment in the Parks" program. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 7o Member introduced the following resolution and moved its adoption: RESOLUTION NO. t RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 90009 WHEREAS, Planning Commission Application No. 90009, submitted by Keith Sturm /Reliance Real Estate Services, Inc. requests a variance from Section 35 -704 of the Zoning Ordinance to allow for fewer parking stalls than required for a retail use of the building at 2920 County Road 10; and WHEREAS, the Planning Commission considered the application at its April 26,1990 meeting, held a duly called public hearing at which relevant testimony was taken, and recommended denial of the application on the grounds that the Standards for a Variance, contained in Section 35 -240 of the City Zoning Ordinance, were not met in this case; and WHEREAS, the Planning Commission considered and recommended the adoption of an amendment to the Zoning Ordinance regarding the retail parking formula which would make the variance request unnecessary; and WHEREAS the City Council considered the variance application at its May 7, 1990 regular meeting and also held a duly called public hearing at which relevant testimony was again taken; and WHEREAS, the City Council concluded that the ordinance amendment recommended by the Planning Commission was a more appropriate method of dealing with the question of parking at retail establishments and set a public hearing on the ordinance for its June 11, 1990 regular meeting; and WHEREAS, the applicant requested tabling of the variance application until June 11, 1990 in case the Council decided against the ordinance amendment; and WHEREAS, the Council held a duly called public hearing on an ordinance amendment regarding the retail parking formula and subsequently adopted the ordinance amendment at its June 11, 1990 meeting; and WHEREAS, the applicant acknowledged that the variance request was no longer necessary and publicly withdrew Application No. 90009 from consideration. RESOLUTION NO. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the withdrawal of Planning Commission Application No. 90009 is hereby acknowledged; and BE IT FURTHER RESOLVED, that the City Council finds that the Standards for a Variance were not met in this case because the situation is not unique and that the adoption of an ordinance amendment relating to the retail parking formula is the appropriate way of addressing parking requirements for retail establishments. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. � Y P P i CITY OF BROOKLYN CENTER Council Meeting Date 6 /25 /90 Agenda Item Number E REQUEST FOR COUNCIL CONSIDERATION *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: PAPER PROCUREMENT POLICY DEPT. APPROVgI.r, Signature - title , Assistant ssistant EDA Coordinator MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached The resolution establishing a g paper procurement olic for the City is a requirement f p y ty or participation in Hennepin County's Recycling Grant Program. If the City does not adopt a paper procurement Policy County funding for our curbside recycling program can be withdrawn. As a point of information, "convenience copiers" referred to in the resolution mean non high speed copiers. Both the City's copiers are high speed copiers. The County encourages the use of recycled paper in all copiers but only requires it in "convenience copiers ". 7E7 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING CITYWIDE RECYCLED PAPER PROCUREMENT POLICY WHEREAS, the Brooklyn Center City Council wishes to promote recycling through the purchasing and use of recycled materials, which is important to the creation of markets for recycled materials; and WHEREAS, the Brooklyn Center City Council wishes to complete the recycling loop wherever possible in City operations; and WHEREAS, paper is the single largest component of the City's office waste produced in daily operations; THEREFORE, BE IT RESOLVED that the following paper procurement policy be adopted by the City Council of the City of Brooklyn Center and used by all City departments effective upon passage of this resolution: 1. The policy of the City will be to purchase recycled paper containing at least 50% recycled fiber whenever the cost of recycled paper does not exceed 25% more than the cost of virgin stock. 2. Recycled content paper will be used in all convenience copiers throughout City offices. 3. All paper used in computer printers will be recycled paper, including form -fed and laser printers. 4. All one - time - use -only paper (such as memo paper, note pads, telephone message pads, and notebook paper) will be recycled paper. 5. All stationery and business cards will be printed on recycled paper. 6. All professional printing ordered by any department will be requested on recycled paper stock of at least 50% recycled content. 7. The use of minimum impact paper (paper made without deinking and bleaching throughout a process which uses less water and chemicals) will be applied when possible. RESOLUTION NO. 8. Any new service contracts for convenience copiers should require the capability of handling two - sided copying on recycled paper. 9. Any new duplicating machines purchased or leased by the City must be capable of handling recycled paper. BE IT FURTHER RESOLVED that City staff members are hereby directed to pursue other opportunities to buy recycled materials other than paper products where possible in City operations, including but not limited to, recycled plastics and rubber. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 6/25/9 Agenda Item Number 7_ REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION AMENDING THE 1990 GENERAL FUND BUDGET AND ACCEPTING PROPOSAL FOR EMERGENCY REPAIRS OF AIR CONDITIONING SYSTEM FOR CIVIC CENTER ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: 4f� - SY KNAPP, DIRE FOR OF PUBLIC WORKS ************ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ** A' ** * * * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report. Comments below /attached ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached ) Last week Compressor No. 1 (one of two compressors which provide air conditioning to the Civic Center complex) was shut p ) down because it had become noisy. An inspection of the compressor showed that it has several broken pistons and broken rods and scored cylinder walls, requiring major repairs or replacement. Also a review of our records indicates that this unit experienced similar problems in 1988 and was rebuilt "in la " ce at a cost of P 6122.85. Despite $ p e a regular maintenance and inspection program, this unit failed after only two years of service. Unfortunately, because that repair of this unit carried only a 1 -year warranty, the responsibility for repairing it or replacing it lies totally with the City. Note Compressor No. 2 had a similar failure in 1989 and was replaced with a factory - rebuilt unit at a cost of $8200.00 in 1989. That unit appears to be working well at this time. We have evaluated three options, i.e.: Option No. Description Estimated Costs 1 Rebuild existing compressor inplace, utilizing existing (20+ year old) electric motor $ 8,500 2 Replace existing unit with a factory - rebuilt unit, including a new electric motor $10,800 3 Replace existing unit with a $ totally-new $20,000 to Y unit $30,000 We do not recommend Option 1 because major on -site repairs do not have a history of success, and because we would still be relying on a 20 -year old motor with many hours of service. We also do not recommend Option 3 because new units cannot easily be retrofitted into an old system (this usually involves substantial changes to piping, etc.) and because it would take several months to get a new unit delivered and installed. In addition, it is noted that, if a decision is made to expand City Hall in the future, such expansion would very probably include replacing the then - existing system with a totally new system. We recommend Option 2 because we believe it to be the most cost - effective option. Accordingly, we have requested and received 3 proposals for Option 2 and we recommend acceptance of the lowest proposal as submitted by Cramer Building Services. That company's proposal includes a full two -year parts and labor warranty. Council Action Required A resolution is attached for consideration by the City Council. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1990 GENERAL FUND BUDGET AND ACCEPTING PROPOSAL FOR EMERGENCY REPAIRS OF AIR CONDITIONING SYSTEM FOR CIVIC CENTER WHEREAS, Section 7.09 of the City Charter of the City of Brooklyn Center does provide for a contingency appropriation as a part of the General Fund budget, and further provides that the contingency appropriation may be transferred to any other appropriation by the City Council; and WHEREAS, Compressor No. 1 which provides for air conditioning of the Civic Center complex has experienced mechanical failure and immediate replacement of that unit is necessary to assure acceptable performance of the HVAC system which serves the complex; and WHEREAS, the following proposals have been received to replace the existing compressor with a factory - rebuilt 50 -ton compressor: Contractor Amount of Proposal Cramer Building Services $10,818.00 Owens Services Corp. 11,980.00 Palen /Kimbell Company 14,514.00 AND WHEREAS, it appears that Cramer Building Services has submitted the lowest responsible proposal. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The 1990 General Fund budget be amended as follows: Increase the Appropriations for the following line items Government Buildings - No. 19, Object No. 4520 $10,818.00 Decrease the Appropriations for the following line items Unallocated Dept. Expense - No. 80, Object No. 4995 $10,818.00 2. The proposal submitted by Cramer Building Services is hereby accepted and approved. The Mayor and City Manager are hereby authorized and directed to execute a contract with the firm in accordance with the proposal. RESOLUTION NO. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Counci Meeting pate as qc Agenda nem Numbe (DDDRCC) REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION AMENDING THE 1990 GENERAL FUND BUDGET TO PROVIDE FOR WAGE AND SALARY ADJUSTMENTS ttt * t• r tt :s+ety* f*** s: �+ rt* s : * : *srsrs *f++rsitist� *+► *r *,►*s ksyt�st•t * *♦i � *�*++ys��•�• DEPART ^ T_A , PPROVAL• `�"� W irector of Finance Signature - title MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached When the City Council adopts the Annual City Budget in December for the following year, salary and wages have not as yet been determined for the following year. Therefore, the Council appropriates funds in the Unallocated Departmental Expenses Budget to be reappropriated to specific departmental budgets when all of the salaries and wages have been determined. Salaries and wages have now been determined for all City employees for 1990. Of the total amount of $267,414 which was originally appropriated in the Unallocated Departmental Expenses Budget, $224,994 was needed to satisfy 1990 salary and wage adjustments. A balance of $42,420 remains unappropriated in the Unallocated Departmental Expenses Budget. STAFF'RECOMMENDATION Staff recommends that the unallocated departmental expense personal services accounts be distributed to deparatments as shown in the attached resolution. SPECIFIC ACTION REQUIRED BY THE CITY COUNCIL -------------------------------------------- Pass the attached resolution amending the 1990 General Fund Budget to provide for wage and salary adjustments. • - 79 -- Member introduced the following resolution and moved its adoption: (HRAJ) RESOLUTION NO. RESOLUTION AMENDING THE 1990 GENERAL FUND BUDGET TO PROVIDE FOR WAGE AND SALARY ADJUSTMENTS ------------------------------------------------------------------------ WHEREAS, Section 7.08 of the City Charter of the City of Brooklyn Center does provide that the City Council may, by majority vote of its members, transfer unencumbered appropriation balances from one office, department, or agency to another within the same fund; and WHEREAS, on December 6, 1989, the City Council of the City of Brooklyn Center adopted a budget for the calendar year 1990; and WHEREAS, when said budget was adopted, 1990 salaries and wages for City employees had not been set; and WHEREAS, the City Council did appropriate funds for departmental labor and fringe benefits in the amount of $267,414 to Unallocated Departmental Expenses (Department No. 80) to provide funds for 1990 salary and wage settlements; and WHEREAS, all wages and salaries for the calendar year 1990 have now been set by the Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to transfer $224,994 from the following Unallocated Departmental Expense (Department No. 80) appropriations: 01 -4100 Salaries, Regular Employees $ 180,686 01 -4141 PERA - Regular 1,004 01 -4142 PERA- Combined 6,327 01 -4143 PERA - Police 9,237 01 -4144 Social Security 10,774 01 -4147 Medicare 416 01 -4151 Hospitalization Insurance 14,661 O1 -4152 Life Insurance 210 01 -4153 Dental Insurance 1,517 01 -4154 Deferred Compensation 162 $ 224,994 ; and Increase the departmental or divisional appropriations in the total amount of $224,994 as indicated on the following page: ATTEST: Date Mayor Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. (HRAJ1) Salaries Salaries Salaries PERA PERA PERA Medi- Health Life Dental Deferred Regular Overtime Temporary Regular Combined Police FICA Care Insurance Insurance Insurance Comp 4100 4112 4130 4141 4142 4143 4144 4147 4151 4152 4153 4157 TOTAL -- - ----- -- - --- -- -- -- - - -- -- ---- -- - - - ----- -- - -- - -- - - - - -- -- -- - - - --- ----- --- ---- - - -- - -- -- - -- -- - - - - -- - - - - ---- City Council 0 0 0 0 0 0 0 0 0 0 0 0 0 City Manager's Office 15,345 0 0 0 555 0 924 0 2,332 0 0 132 19,288 Elections 774 0 0 0 35 0 59 0 200 0 0 0 1,068 Assessing Deparatment 5,045 0 0 0 226 0 386 0 1,200 0 0 0 6,857 Finance Department 15,439 0 0 261 583 0 995 0 2,700 0 0 0 19,978 Government Buildings 4,570 0 0 0 205 0 349 0 1,200 0 0 0 6,324 Police Protection 71,457 3,984 3,324 0 754 7,435 1,288 203 15,300 0 0 0 103,745 Fire Protection 1,889 0 1,260 0 0 226 0 0 300 0 0 0 3,675 Planning & Inspection 9,109 0 0 0 408 0 541 0 2,100 0 0 0 12,158 Emergency Preparedness 1,850 0 0 0 29 142 50 0 300 0 0 0 2,371 Animal Control 0 0 382 0 17 0 29 0 0 0 0 0 428 Engineering 17,079 0 646 137 (257) 0 (786) 0 2,700 0 0 0 19,519 Streets Maintenance 3,313 0 1,000 272 79 0 135 0 4,020 0 0 0 8,819 Vehicle Maintenance 749 100 0 0 38 0 65 0 1,260 0 0 0 2,212 Recreation /Parks Admin 8,069 0 0 0 361 0 618 0 1,800 0 0 0 10,848 Parks Maintenance 2,249 0 1,500 159 102 0 1,174 0 2,520 0 0 0 7,704 -- -- - --- - -- - - - -- -- - - ---- - ---- - -- -- - - -- -- -- -- -- -- -- --- - -- -- - - ---- -- - -- - -- -- --- --- -- --- - -- ---- - - -- -- - - - - -- TOTAL 156,937 4,084 8,112 829 3,135 7,803 5,827 203 37,932 0 0 132 224,994 (HUDED) DISTRIBUTION OF UNALLOCATED DEPARTMENTAL EXPENSE UNIT NO. 80 1990 BUDGET DISTRIBUTION OF UNALLOCATED PERSONAL SERVICES APPROPRIATIONS Object 1990 Distri- Number Object Adopted buted Balance - - - - -- -------------------------- - - - - -- --- - - - - -- --- - - - - -- --- - - - - -- 4100 Salaries, Regular Employees 223,106 180,686 42,420 4141 PERA - Regular 1,004 1,004 0 4142 PERA - Combined 6,327 6,327 0 4143 PERA - Police 9,237 9,237 0 4144 Social Security 10,774 10,774 0 4147 Medicare 416 416 0 4151 Hospitalization Insurance 14,661 14,661 0 4152 Life Insurance 210 210 0 4153 Dental Insurance 1,517 1,517 0 4154 Deferred Compensation 162 162 0 - - - - -- --- - - - - -- --- - - - - -- Total 267,414 224,994 42,420 --- - - - - -- --- - - - - -- --- - - - - -- --------- --- - - - - -- --- - - - - -- (CCCWSA) RESOLUTION AMENDING THE 1990 GENERAL FUND BUDGET TO PROVIDE FOR WWAGE AND SALARY ADJUSTMENTS COUNCIL MANAGER ELECT ASSESS FINANCE BLDGS POLICE FIRE PLAN EMERG ANIMAL ENGIN STREETS VEH MTC R &P ADM PKS MTC TOTAL - - - ---- - --- - -- - - - - -- -- -- - -- --- - - -- -- - - - -- --- ------ --- - - -- - - - - - -- ---- -- -- ---- -- -- - - -- -- - - ---- - ------- -------- --- - - --- - ------ -- 4100 - ADJUSTED 281,855 19,599 137,175 302,684 114,539 1,791,628 47,961 230,513 46,952 333,803 387,243 122,549 204,115 243,515 4,264,131 4100 - ADOPTED 266,510 18,825 132,130 287,245 109,969 1,720,171 46,072 221,404 45,102 316,724 383,930 121,800 196,046 241,266 4,107,194 4100 - INCREASE 0 15,345 774 5,045 15,439 4,570 71,457 1,889 9,109 1,850 0 17,079 3,313 749 8,069 2,249 156,937 4112 - ADJUSTED 4,835 102,419 5,382 15,700 2,200 9,000 139,536 4112 - ADOPTED 4,835 98,435 5,382 15,700 2,100 9,000 135,452 4112 - INCREASE 0 0 0 0 0 0 3,984 0 0 0 0 0 0 100 0 0 4,084 4130 - ADJUSTED 23,040 4,940 12,000 17,000 1,050 43,898 88,702 91,280 9,664 16,006 22,300 34,500 364,380 4130 - ADOPTED 23,040 4,940 12,000 17,000 1,050 43,898 85,378 90,020 9,282 15,360 21,300 33,000 356,268 4130 - INCREASE 0 0 0 0 0 0 3,324 1,260 0 0 382 646 1,000 0 0 1,500 8,112 4141 - ADJUSTED 6,619 3,446 6,835 4,006 20,906 4141 - ADOPTED 6,358 3,309 6,563 3,847 20,077 4141 - INCREASE 0 0 0 0 261 0 0 0 0 0 0 137 272 0 0 159 829 4142 - ADJUSTED 185 9,259 878 6,907 10,797 7,315 18,887 10,327 757 433 13,480 16,197 5,589 9,144 11,186 121,341 4142 - ADOPTED 185 8,704 843 6,681 10,214 7,110 18,133 9,919 728 416 13,737 16,118 5,551 8,783 11,084 118,206 4142 - INCREASE 0 555 35 226 583 205 754 0 408 29 17 (257) 79 38 361 102 3,135 4143 - ADJUSTED 186,717 5,755 3,605 196,077 4143 - ADOPTED 179,282 5,529 3,463 188,274 4143 - INCREASE 0 0 0 0 0 0 7,435 226 0 142 0 0 0 0 0 0 7,803 4144 - ADJUSTED 317 19,666 1,499 11,794 18,436 12,490 32,251 16,318 1,293 739 20,206 27,658 9,543 15,615 19,101 206,926 4144 - ADOPTED 317 18,742 1,440 11,408 17,441 12,141 30,963 15,777 1,243 710 20,992 27,523 9,478 14,997 17,927 201,099 4144 - INCREASE 0 924 59 386 995 349 1,288 0 541 50 29 (786) 135 65 618 1,174 5,827 4147 - ADJUSTED 180 72 174 15 5,218 5,659 4147 - ADOPTED 180 72 174 15 5,015 5,456 4147 - INCREASE 0 0 0 0 0 0 203 0 0 0 0 0 0 0 0 0 203 4151 - ADJUSTED 20,210 1,758 10,560 23,760 10,560 134,640 2,640 18,480 2,640 23,760 35,376 11,088 15,840 22,176 333,488 4151 - ADOPTED 17,878 1,558 9,360 21,060 9,360 119,340 2,340 16,380 2,340 21,060 31,356 9,828 14,040 19,656 295,556 4151 - INCREASE 0 2,332 200 1,200 2,700 1,200 15,300 300 2,100 300 0 2,700 4,020 1,260 1,800 2,520 37,932 4152 - ADJUSTED 509 15 88 198 88 1,122 1,120 154 22 198 295 92 132 185 4,218 4152 - ADOPTED 509 15 88 198 88 1,122 1,120 154 22 198 295 92 132 185 4,218 4152 - INCREASE 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4153 - ADJUSTED 2,096 160 960 2,160 960 12,240 240 1,680 240 2,160 3,216 1,008 1,440 2,016 30,576 4153 - ADOPTED 2,096 160 960 2,160 960 12,240 240 1,680 240 2,160 3,216 1,008 1,440 2,016 30,576 4153 - INCREASE 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4157 - ADJUSTED 3,368 3,368 4157 - ADOPTED 3,236 3,236 4157 - INCREASE 0 132 0 0 0 0 0 0 0 0 0 0 0 0 0 0 132 TOTAL INCREASE 0 19,288 1,068 6,857 19,978 6,324 103,745 3,675 12,158 2,371 428 19,519 8,819 2,212 10,848 7,704 224,994 CITY OF BROOKLYN CENTER Council Meeting Date 6/25/ Agenda Item Number 79_ REQUEST FOR COUNCIL CONSIDERATION • ITEM DESCRIPTION: RESOLUTION ACCEPTING PROPOSAL FOR ARCHITECTURAL SERVICES RELATING TO CITY GARAGE REMODELING - PROJECT NO. 1990 -17 ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: a Y.KNAPP, DIRECTOR OF PUBLIC WORKS ************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * � * lam* * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: r No comments to supplement this report Comments below /attached ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached Yes ) The 1990 budget for Government Buildings Division 19 includes an ap propriation of $22,000 for remodeling of the lunch room, locker room, upper corridor, stairway, toilet and lavatory alcove at the City Garage. Although this work is fairly basic, we believe it is necessary to have plans prepared so that we can obtain competitive proposals for the various elements of this work on an apples -to- apples basis, and to assure that the completed project will be aesthetically pleasing, functional and code - compliant. Attached is a proposal from Mjorud Associates to provide the required architectural services for this project. Staff recommends acceptance of this proposal. City Council Action Required Adoption of the attached resolution. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING PROPOSAL FOR ARCHITECTURAL SERVICES RELATING TO CITY GARAGE REMODELING - PROJECT NO. 1990 -17 BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The proposal of Mjorud Architecture Inc. to provide design services relating to the City Garage Remodeling Improvement Project No. 1990 -17 at a cost of $3200 is hereby accepted. The City Manager is hereby authorized and directed to execute a contract with said firm based on that proposal. 2. All costs for this project, including these architectural fees, shall be charged to the General Fund, Government Buildings Division 19, Object No. 4520, 1990 budget. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. MJORUD ARCHITECTURE 12400 12TH AVENUE NORTH, MINNEAPOLIS, MN 55441 -4612 612 /544 -3871 June 19, 1990 Mr. Sy Knapp Director of Public Works City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 RE: Fee Proposal for City Garage Remodeling - Phase 1 Dear Mr. Knapp: Mjorud Architecture appreciates the opportunity to provide ongoing services for the City of Brooklyn Center and respectfully submits the following fee proposal for a portion of the City Garage work. Since the first priority for City Garage remodeling centers around the locker room and lunch room, we have chosen to identify this project as Phase I. The remodeling work for Phase I includes the lunch room, locker room, upper corridor, stairway, toilet, and lavatory alcove. The documents will be broken down in such a manner to allow bids in the following categories: 1. General construction 2. Tile work 3. Plumbing and sprinklers 4. Electrical The Architect visited the jobsite to review the scope of work for this project with Dick Ploumen and Diane Spector. The scope of work is further defined by the attached sheet entitled, "First Priority Lunch Room and Locker Rooms ", a cost estimate delineating expenditures for various portions of work. The architectural service for the above work includes the preparation of specifications and drawings in an 8 1 /2" x 11" or 11" x 17" format. The drawings would include: 1. Floor plans showing the Lunch Room, the Locker Room, the Corridor, the Stairway, the Toilet, and the Lavatory Alcove. 2. A reflected ceiling plan of the above spaces. 3. Room finish schedule. Mr. Sy Knapp City of Brooklyn Center June 19, 1990 Page 2 4. Ceiling details above lockers, around ductwork, and at ceiling transition between mechanical openings and lunch room ceiling. 5. Other miscellaneous details in support of the project. The proposed fee, based on our understanding of the work, is divided into two parts for your consideration. Part One, Design / Construction Documents $ 2,700.00 Part Two, Construction Phase Assistance 500.00 Total $ 3,200.00 If these fees are acceptable to the City of Brooklyn Center, please affix signature below and return one copy of this letter to the Architect. This document will then serve as an attachment to the Owner / Architect Agreement dated July 19, 1990. Sincerely, MJORUD ARCHITECTURE CITY OF BROOKLYN CENTER j rud AIA Gerald Splinter, City Manager Enclosure: Owner / Architect Agreement First Priority LUNCH ROOM AND LOCKER ROOMS Total for work $17,275.81 25% contingency + 4,318.95 architectural fee $21,594.76 (Paint ceilings) $1,593.05 DETAIL: ------------------------------------------------------------ 1) Demolition Removal of Existing Travertine Tile Mezzanine 1,280 sf $0.38 /sf $486.40 ------------------------------------------------------------ 2) Removal of Gypsum Floor Fill • -- Shower /Locker 216 sf $0.90 /sf $194.40 -------------------------------------------- 3) Metal Framing Kitchenette /Lunchroom $500.00 ------------------------------------------------------------ 4) Drywall Kitchenette /Lunchroom 160 sf $1.00 /sf $160.00 ------------------------------------------------------------- 5) Ceramic $3,711.40 Sanitary Base: Toilet /Shower 46 If $6.25 /If $287.50 Sink 29.5 if $6.25 /If 184.38 6x6 Floor Tile: Toilet /Shower 96 sf $3.97 /sf 381.12 Sink 104 sf $3.97 /sf 412.88 6x6 Wall Tile: Toilet /Shower 371 sf $3.97 /sf 1,472.87 Sink 245 sf $3.97 /sf 972.65 ------------------------------------------------------------ ------------------------------------------------------------ 6) Suspended Acoustic Ceiling M1 1,558 sf $1.94 /sf $3,022.52 ------------------------------- 7) Flooring $2,317.58 12x12 Vinyl Tile: Lockers 364 sf $1.82 /sf $662.48 Lunchroom 800 sf $1.82 /sf 1,456.00 Vinyl Base: Lockers 71 if $1.10 /if 78.10 Lunchroom 110 if $1.10 /if 121.00 ------------------------------------------------------------ 8) Painting $1,876.41 Lockers: Walls 1,060 sf* 0.34 /sf $360.40 Ceiling 575 sf* 0.75 /sf 431.25 Lunchroom: Walls 1,140 sf 0.34 /sf 387.60 Ceiling (cove only) 160 sf* 0.34 /sf 54.40 Ceiling 800 sf* 0.75 /sf 600.00 Graphics 1,200.00 Hall and Stairway: Walls 732 sf 0.34 /sf 248.88 Ceiling 196 sf* 0.75 /sf 147.00 Stair Risers 12 1.64 /ea 19.68 Rail 27 if 0.75 /sf 20.25 ------------------------------------------------------------ 9) Plumbing Move sprinkler heads to match new ceiling 17 $75.00 /ea $1,275.00 ------------------------------------------------------------ 10) Electrical Move existing lamps to match new ceiling 8 $100.00 /ea $800.00 ------------------------------------------------------------ First - 2 ---------------------------------------------------------- 11) Cleaning $2,932.10 Lockers: Walls 1,760 sf 0.94 /sf $1,654.40 Ceiling 575 sf 0.94 /sf 540.50 Lunchroom: Walls 1,140 sf 0.38 /sf 433.20 Ceiling 800 sf 0.38 /sf 304.00 ------------------------------------------------------------ First - 3 CITY OF BROOKLYN CENTER Council Meeting Date 6 -26 -90 Agenda Item Number Fal REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Planning Commission Application No. 90014 - Leslie Andresen DEPARTMENT APP Signature - title Director of P1 anni ng ano I �p ti on ************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached _X The applicant requests special use permit approval to install and operate a home barber shop in the basement of the residence at 6821 Perry Avenue North. This application was considered by the Planning Commission at its regular meeting on June 14, 1990. Minutes, information sheet, map of the area, floor plan, and site drawing are attached for the Council's review. Recommendation Approval of the application was recommended by the Planning Commission subject to the seven conditions listed on page 2 of the June 14 minutes. MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA JUNE 14, 1990 REGULAR SESSION CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairperson Molly Malecki at 7:31 p.m. ROLL CALL Chairperson Molly Malecki, Commissioners Wallace Bernards, Lowell Ainas, Bertil Johnson and Kristen Mann. Also present were Director of Planning and Inspections Ronald Warren and Planner Gary Shallcross. Chairperson Malecki noted that Commissioners Sander and Holmes had called to say they would be unable to attend and were excused. APPROVAL OF MINUTES -_MAY 10 1990 Motion by Commissioner Johnson seconded by Commissioner Ainas to approve the minutes of the May 10, 1990 Planning Commission meeting as submitted. Voting in favor: Commissioners Bernards, Ainas, Johnson and Mann. Voting against: none. Not voting: Chairperson Malecki. The motion passed. APPLICATION NO. 90014 (Leslie Andresen) Following the Chairperson's explanation, the Secretary introduced the first item of business, a request for special use permit approval to install and operate a home beauty shop in the basement of the home at 6821 Perry Avenue North. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 90014 attached). Chairperson Malecki inquired as to the plumbing and ventilation work that would have to be done for the home beauty shop. The Secretary answered that a sink would be added in the barber /beauty shop area and that some ventilation improvements would also probably be required. Chairperson Malecki asked the applicant if she had anything to add. Mrs. Leslie Andresen submitted a copy of her State barber's license to the Commission. Chairperson Malecki inquired as to the remodeling work to be done. Mrs. Andresen answered that she has bought the sink to be put in and that her father is a plumber who can do the work. Chairperson Malecki noted the limitation in the conditions prohibiting on- street parking. PUBLIC HEARING (Application No 90014 Chairperson Malecki then opened the meeting for a public hearing 6 -14 -90 1 and asked whether anyone present wished to comment regarding the application. Hearing no one, she called for a motion to close the public hearing. Motion by Commissioner Bernards seconded by Commissioner Ainas to close the public hearing. The motion passed unanimously. Commissioner Bernards inquired as to the venting, whether there was any odor involved and, if so, can't be controlled so that it would not be vented outside. Mrs. Andresen answered in the affirmative. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 90014 (Leslie Andresen) Motion by Commissioner Ainas seconded by Commissioner Johnson to recommend approval of Application No. 90014, subject to the following conditions: 1. The special use permit is granted only for a home beauty /barber shop as proposed in the applicant's letter dated May 14, 1990. The use may not be altered or expanded in any way without first securing an amendment to this special use permit. 2. The beauty /barber shop shall operate on an appointment - only basis. Hours of operation shall be 9:00 a.m. to 5:00 p.m. Tuesday through Friday; 7:00 p.m. to 9:00 p.m. Wednesday; and 9:00 a.m. to 4:00 p.m. on Saturday. 3. All parking associated with the home occupation shall be off- street on improved space provided by the applicant. 4. The applicant shall provide the City with a current copy of the State shop license prior to issuance of the special use permit. 5. The applicant shall obtain required permits for plumbing and ventilation work. 6. The applicant shall install a 10 lb. fire extinguisher in the area of the beauty /barber shop. 7. There shall be no more than 10 people in the basement area at any given time. Voting in favor: Chairperson Malecki, Commissioners Bernards, Ainas, Johnson and Mann. Voting against: none. The motion passed. APPLICATION NO. 90016 (Joseph Jacobson) The Secretary then introduced the next item of business, a request for special use permit approval to conduct a saw sharpening business as a home occupation in the garage of the residence at 1821 Irving Lane. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application 6 -14 -90 2 Planning Commission Information Sheet Application ppli ation No. 90014 Applicant: Leslie Andresen Location: 6821 Perry Avenue North Request: Home me Occupation /Special Use Permit The applicant requests special use permit approval to install and operate a home barber shop in the basement of the residence at 6821 Perry Avenue North. The property in question is zoned R1 and is bounded on the east by Perry Avenue North and on the north, west, and south by single- family homes. The Korean Presbyterian church is to the northwest. Home beauty shops are a special use in the R1 zone. The applicant has submitted a letter (attached) describing the proposed home occupation and a floor plan of the house. The home occupation will be conducted in two rooms in the basement, a waiting area 17.5 x 10.5' and a styling area approximately 11' x 10.5 Mrs. Andresen plans to operate on an appointment -only basis. Hours of operation would be Tuesday through Friday, 9:00 a. m. to 5:00 p.m.; Wednesday, 7:00 p.m. to 9:00 p.m. and Saturdays, 9:00 a.m. to 4:00 p.m. The site plan submitted shows a wide single car driveway (14') widening behind the house to a double car driveway. It is at least possible for two customers to be parked at the same time behind the house. Entrance to the shop would generally be from the rear of the house. No nonresident employee is proposed. Ingress and egress would be via the stairs to the basement in an emergency, there is a legal egress window in the basement. Mrs. Andresen states that she will keep the areas safe and clear, that she will carry extra insurance for the shop, and will be subject to routine inspections by the State Barber Board, and will practice proper sanitation. She also plans on having a sign to let people with appointments know they're in the right place, however, that sign may not exceed 2.5 sq. ft. She states she will not accept walk -ins. She expects most customers to be neighbors, friends and relatives. Mrs. Andresen closes by noting her 11 years experience, 8 as a master barber. She is licensed with the State. One of the primary issues with most special home occupations is parking and customer traffic. Generally, on- street parking is prohibited, though the Zoning Ordinance comprehends it under certain conditions. The applicant's driveway contains ample parking space for two vehicles. The applicant has indicated that there would be no more than two customers present at any one time since appointments would be spaced one half hour apart. The proposed floor plan shows a barber chair and a shampoo chair as well as a waiting area. We would recommend a condition that no more than two customers be present at one time. This would have to be enforced on a complaint basis relating to on- street parking. 6 -14 -90 - 1- Application No. 90014 continued Altogether, the proposal seems to be in order and approval is recommended, subject to at least the following conditions: 1. The special use permit is granted only for a home beauty /barber shop as proposed in the applicant's letter dated May 14, 1990. The use may not be altered or expanded in any way without first securing an amendment to this special use permit. 2. The beauty /barber shop shall operate on an appointment - only basis. Hours of operation shall be 9:00 a.m. to 5:00 p.m. Tuesday through Friday; 7:00 p.m. to 9:00 p.m. Wednesday; and 9:00 a.m. to 4:00 p.m. on Saturday. 3. All parking associated with the home occupation shall be off - street on improved space provided by the applicant. 4. The applicant shall provide the City with a current copy of the State shop license prior to issuance of the special use permit. 5. The applicant shall obtain required permits for plumbing and ventilation work. 6. The applicant shall install a 10 lb. fire extinguisher in the area of the beauty /barber shop. 7. There shall be no more than 10 people in the basement area at any given time. 6 -14 -90 -2- ci r r r . _ I l- v - - hl UVITY AW't • AVE. N. _CRUZ � t ' Ate' � 5400 UN A E. i iie M -�7 i;ol o j% 1 I TOLEDO ° rn , ; �n / / �a/ I I 5300 TOLED z -1 T E 1 �` :_X, i:a� n x I ' - r SCOT A L, 1 z - _ qc T AVE. m ` T, A REG m •c m- - - m — y m � u - AVE. REGENT x_ _ n o z z QUAIL AV m m - - — UAIL AVE. `• ^ `�`, +' a yy 5000 CA _ '4 PERRY A' D < E- : ti %,� �t 'C y 4900 `^ p RRY E. �p h A -� ERRY VE, N O n ►r JN�;� k t -- -- -- - - -- ORCHARD ? z ORCHARD �P 1 '-� $m G / c4 400 �� eROO«En+ .el HIGH CD r f 4�f AVE I1 ]y Z I ORCHARD _ 4ti� A I I W Z ( j T y NOBLE -plE NOBLE A! 4Q *� II d'N O J 4700 < �> OBLE AVE N '� 0 A MAJOR A'. .\'�• 4600 Au - E ° o� 4 AJOR AVE. < _ lfE m m -- o w _ LEE AVE z a a Z 4500 co io _ KY E• qlt - - _ KYLE AV. N - 4400 T1d JUNE VE Od pa < ;aoNEo Alrk z - m / _ IN ANA m 1NOfANq -- r y AVE N m INDIANA 4200 INDIAN V _ � y HALIFAX j - E N. AV HALIFAX 4100 [n� Rflj MARLIN ` GRIMES — i l GRIMES ��` /•t` ` v t•ALMEi - _.� .` -- �� �� 4000 4 " i ao ® FRANC AVE I . N __ FRANCE NCE 3eoo �— / EWING A' F IN ^' iu o� 3700 < DREW I AVE ►� _ `D - . 360E AV �l. m DREW ► C lt ow EN K`t z _ 350E EN CHOW o + HEARD a .. 11.... ..., _ VAR i , �, �,i 'i;�, ;;�. • 1 .1400 ARO E A - D n H F R _ . ,- . - -7 M; x E w � e ' Door Qo o r — 4f t- l LA- I'M e � +o, ruse �c_�d - -- rn - -- �i o h -- S!' n -�. - -_ - -S -- r �- - - -- v - -�- - - ap -k ► W » C.,- u {� -S -- i CITY OF BROOKLYN CENTER Council Meeting Date 6 -25 -90 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Planning Commission Application No. 90016 - Joseph Jacobson DEPARTMENT APPR Signature - title Director of P1 anni ng an , Ijps cti n MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report �/ Comments below /attache SUMMARY EXPLANATION: (supplemental sheets attached -X The The applicant requests special use permit approval to conduct a saw sharpening home occupation in the garage of the residence at 1821 Irving Lane. This application was considered by the Planning Commission at its regular meeting on June 14, 1990. Minutes, information sheet, map of the area and site drawings are attached for the Council's review. Recommendation Approval of the application was recommended by the Planning Commission subject to the six conditions listed on pages 3 and 4 of the June 14 minutes. • and asked whether anyone present wished to comment regarding the application. Hearing no one, she called for a motion to close the public hearing. Motion by Commissioner Bernards seconded by Commissioner Ainas to close the public hearing. The motion passed unanimously. Commissioner Bernards inquired as to the venting, whether there was any odor involved and, if so, can't be controlled so that it would not be vented outside. Mrs. Andresen answered in the affirmative. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 90014 (Leslie Andresen) Motion by Commissioner Ainas seconded by Commissioner Johnson to recommend approval of Application No. 90014, subject to the following conditions: 1. The special use permit is granted only for a home beauty /barber shop as proposed in the applicant's letter dated May 14, 1990. The use may not be altered or expanded in any way without first securing an amendment to this special use permit. 2. The beauty /barber shop shall operate on an appointment - only basis. Hours of operation shall be 9:00 a.m. to 5:00 p.m. Tuesday through Friday; 7:00 p.m. to 9:00 p.m. Wednesday; and 9:00 a.m. to 4:00 p.m. on Saturday. 3. All parking associated with the home occupation shall be off - street on improved space provided by the applicant. 4. The applicant shall provide the City with a current copy of the State shop license prior to issuance of the special use permit. 5. The applicant shall obtain required permits for plumbing and ventilation work. 6. The applicant shall install a 10 lb. fire extinguisher in the area of the beauty /barber shop. 7. There shall be no more than 10 people in the basement area at any given time. Voting in favor: Chairperson Malecki, Commissioners Bernards, Ainas, Johnson and Mann. Voting against: none. The motion passed. APPLICATION NO 90016 (Joseph Jacobson) The Secretary then introduced the next item of business, a request for special use permit approval to conduct a saw sharpening business as a home occupation in the garage of the residence at 1821 Irving Lane. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application 6 -14 -90 2 No. 90016 attached) . _The Secretary added that noise may be another possible concern of this home occupation. He also stated that the Planning Commission may want to prohibit hours of operation on Sundays as is often done on home occupations.. Commissioner Bernards asked whether all the items to be sharpened would be picked up and delivered. The Secretary answered that that was his understanding. Commissioner Johnson asked how that would be monitored. The Secretary stated that it would have to be on a complaint basis if there was on- street parking. Chairperson Malecki asked the applicant if he had anything further to add. Mr. Jacobson stated that there was no TV or radio interference in his own house when he was using the equipment. He stated that he did not think it would be a problem for anyone in the neighborhood. Chairperson Malecki asked about the pickup of items to be sharpened. Mr. Jacobson stated that he had an arrangement with a hardware store and that he would pick the items u from the hardware store re and deliver them when e w as d th work w one. Commissioner Bernards asked whether the equipment met safety standards. Mr. Jacobson responded in the affirmative. PUBLIC HEARING (Application No 99016) Chairperson Malecki then opened the meeting for a public hearing and asked whether anyone present wished to speak regarding the application. No one spoke. Chairperson Malecki asked whether Mr. Jacobson had been conducting this home occupation for some time. Mr. Jacobson responded that his grandfather died earlier in the year and that he had inherited the equipment from him and wanted to make use of it. Chairperson Malecki asked whether Mr. Jacobson had any problem with excluding hours on Sunday. Mr. Jacobson responded in the negative. CLOSE PUBLIC HEARING Motion by Commissioner Mann seconded by Commissioner Ainas to close the public hearing. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO 90016 (Joseph Jacobson) Motion by Commissioner Mann seconded by Commissioner Ainas to recommend approval of Application No. 90016, subject to the following conditions: 1. The Special use permit is granted only for a saw sharpening business as proposed by the applicant. The use may not be altered or expanded in any way without first securing an amendment to this special use permit. 2. The special use permit is subject to all applicable codes ordinances and regulations. An violation thereof Y v i shall be grounds for revocation. 6 -14 -90 3 A 3. The hours of operation shall be no earlier than 8:30 a.m., nor any later than 9:00 p.m. No work will be performed on Sundays. 4. The garage door shall be closed during operation of power equipment. 5. Any parking associated with the home occupation shall be off- street on improved space provided by the applicant. 6. No radio or TV frequency interference to neighboring properties caused by the home occupation shall be permitted. Voting in favor: Chairperson Malecki, Commissioners Bernards, Ainas, Johnson and Mann. Voting against: none. The motion passed. The Secretary then inquired if there was anyone present representing Harold Teasdale, the applicant for the next item of business. No one responded. The Secretary recommended a recess and stated that he would try to contact the applicant. RECESS The Planning Commission recessed at 7:59 p.m. and resumed at 8:15 p.m. Following the recess, the Secretary stated that he and the Planner had attempted to contact Mr. Teasdale, but were unable to reach him. He stated that he would review the report and recommended opening the public hearing, but that the application should be tabled so that the applicant could appear. APPLICATION NO. 90015 ( Teasdale and Associates) The Secretary then introduced the next item of business, a request for variance approval from Section 35 -400, footnote 1 c of the Zoning Ordinance to allow more than 10% of the units in the Garden City Court apartment development to be three - bedroom units. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 90015 attached) . The Secretary also explained that the- maximum density for the property on which the Garden City Court apartments were located is 16 units per acre or 2,700 sq. ft. per unit. He stated that the staff had not received any further memo from the City Attorney regarding the legality of the 10% limit on three - bedroom apartments in the Zoning Ordinance. The Secretary pointed out that the Zoning Ordinance could not exclude low income people. He stated that recent amendments to the Fair Housing Act prohibit discrimination against low income residents. He stated that staff did not recommend approval of a variance, but that, if the 10% limit is considered to be unfair, he would recommend. an amendment to the ordinance. 6 -14 -90 4 Planning Commission Information Sheet Application No. 90016 Applicant: Joseph Jacobson Location: 1821 Irving Lane Request: Special Use Permit /Home Occupation The applicant requests special use permit approval to conduct a saw sharpening home occupation in the garage of the residence at 1821 Irving Lane. The property in question is zoned R1 and is bounded on the north by Irving Lane, and on the east, south, and west by single- family homes. Saw sharpening and home occupations involving the use of a garage are special uses in the R1 district. The applicant has submitted a brief letter (attached) in which he describes the proposed home occupation. He notes that his equipment and activity would be located in the attached 18' x 25' garage. He has indicated over the phone that he would not use more than half the garage and that a car and other items could still be parked in the garage. The proposed hours of operation would be from 8:30 a.m. to 4:00 p.m. (days are not specified). Mr. Jacobson states that there will be no customer parking because all work will be picked up and delivered. No non - resident employee is proposed and no signery will be used. A fire extinguisher and a phone are both located in the garage. No state license is required. Mr. Jacobson concludes by saying that the amount of noise created by sharpening is barely audible beyond the garage doors. Saw sharpening operations are specifically mentioned in the definitions section of the Zoning Ordinance as a special home occupation. Also, Sections 35 -405 and 35 -406 indicate that the use of a garage in a home occupation requires a special use permit. Staff have no special concerns with regard to the proposed home occupation, other than perhaps the possibility of the equipment causing interference with TV and radio reception. A condition of approval should be included to cover this. Altogether, the proposed home occupation seems acceptable under the Zoning Ordinance and approval is recommended, subject to at least the following conditions: 1. The special use permit is granted only for a saw sharpening business as proposed by the applicant. The use may not be altered or expanded in any way without first securing an amendment to this special use permit. 2. The special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof shall be grounds for revocation. 3. The hours of operation shall be no earlier than 8:30 a.m., nor any later than 9:00 p.m. 6 -14 -90 _1_ Application No. 90016 continued 4. The garage door shall be closed during operation of power equipment. 5. Any parking associated with the home occupation shall be off- street on improved space provided by the applicant. 6. No radio or TV frequency interference to neighboring properties caused by the home occupation shall be permitted. 6 -14 -90 -2 �>t•:fttPt A • i �� f APPLICATION NO., • 'll • N N M CREEK Fir rrsiitcara_ ��� r.� f� <I� f f` s s' �� r O��g� • � r ... a i j j f i Lows i a i i' i I BM AL v �hhe ! T a! CITY OF BROOKLYN CENTER Council Meeting Date 6/25/90 Agenda Item Number - REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: POLICIES RELATING TO DEFERMENT OF SPECIAL ASSESSMENTS DEPT. APPROVAL: SY KNAP DIRECTOR OF PUBLIC WOR MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes The attached paper by Diane Spector describes the current City policy for the deferral of special assessments by senior citizens and persons retired due to . total and permanent disability. Some alternatives are provided for consideration. It is our goal for the Council to adopt any modifications to the current policy by the second meeting in July. At that time, all proposed special assessment rolls will be brought to the Council. It is at that time that the Council will call for a special assessment hearing. That meeting will be followed by a mailing to the property owners notifying them of this hearing. That notification should include information on deferrals. Council Action Required Discuss the attached paper, and provide direction to staff as to which modifications, if any, should be brought back for further discussion and adoption. CITY 6301 SHINGLE CREEK PARKWAY OF v R ®o� L 1 ��] T BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 C ENTE R EMERGENCY- POLICE - FIRE 911 June 20, 1990 TO: Sy Knapp FROM: Diane Spector SUBJ: Special Assessment Deferral Policy The City Council has expressed an interest in reconsidering the current City policy for deferral of special assessments. This policy currently covers persons over the age of 65, and persons who are retired due to a permanent and total disability. 777is memo will review the current policy, will suggest modifications, and will estimate the potential cost of those modifications. The Special Assessment Deferral Policy S. 435.193 - 435.195, Minnesota Statutes, (Attachment A) enables municipalities to establish policies regarding deferral of special assessments. These deferrals are limited by statute to seniors and disabled persons whose property is homesteaded and for whom it would be a hardship to make the payments. The statutes specify the conditions upon which the right to deferred payment is terminated, but leave the other policy details to the discretion of the taxing authority. Brooklyn Center's policy (Attachment B) establishes a maximum household income of $17,400 for eligibility, and "hardship" as being payments in excess of two percent of annual income. The policy also requires that interest be charged on the portion that is to be deferred. a roaauivaeiurnr = -r i j d Page Two June 20, 1990 In deferring a portion of a special assessment, the applicant's annual income is established, and multiplied by two percent. That two percent is the annual amount in total special assessments that the applicant would be required to pay. An applicant may not be eligible to defer any part of an assessment for, say, a street improvement. But, two years later the applicant may choose to have the cost of removal of a diseased tree assessed, and that annual payment may put him or her "over the top" of the two percent. A part of the cost of the tree removal would then be deferred. To determine the actual amount to be deferred, the amount of principle to be assessed is reduced until the first year's principle and interest payment equals that two percent. The deferred portion is then certified to the Count as a deferred y assessment accrues interest and is collected in total when the property changes hands. Except for the effect of inflation, the deferral policy is "revenue neutral." Figure 1 Calculating the Deferred Principle Fora applicant with annual income e of $10,000, who would be assessed $1,954 for an alley improvement: 2% of income = $200 = Maximum annual P a Y ment 1st year payment = $342 (Principle =$97.70 = $1,954/20 years) (Interest = $244.25 = $1, 954 * 10 % * 15 mnths) $341.95 Principle deferred $810 1st year payment $200 (Principle =$57.20 = $1,144/20 years) (Interest = $142.99 = $1,144 * 10 % * 15 mnths) $200.19 3 Page Three June 20, 1990 An extensive survey on policies in other communities was conducted in 1985. About half those responding to the 1985 survey were recontacted to determine if any revisions had been made to existing policy. The 1985 survey results and additional notes are detailed in Attachment C. While many cities have adopted such a policy, few report that it has been used more than a handful of times. Brooklyn Center has had fewer than half a dozen requests, resulting in just a few deferrals. However, the alley paving projects undertaken in 1989 have renewed interest in the deferral program. Three of the four alleys were located in the southeast neighborhood of the City, in an area where more seniors live. Two seniors have already submitted application forms, and the family of a disabled individual will also submit an application on his behalf. Another three or four applications have been supplied to individuals, but those have not yet been submitted. It is possible that there may be a half dozen deferrals on these four projects. Potential Modifications to the Policy There are three items within the policy that could be adjusted: the income level for eligibility (now $17,400); the annual maximum payment percent of income (now 2 %); and the question of interest accrual on the deferred principle. The Council may also wish to discuss options available for low - income persons. Income Level To be eligible to participate, applicants must have a household income of less than $17,400. This represented the maximum two - person household income level for Section 8 housing rehabilitation grants that was in effect when the deferral policy was last discussed. The current level is $21,650. There is no requirement that the income cutoff for eligibility be based on any specific indicator. The Council may wish to adopt the $21, 650 figure as the new maximum income criterion, it may wish to establish some other figure, or it may wish to make no change. 4 Page Four June 20, 1990 Maximum Percent of Income The maximum percent of income can have a considerable impact on the size of the deferred portion of the assessment, as well as on the number of applicants who would be eligible. For example, using the 1990 standard assessment for street improvements, $1,410, with a first payment of $317: Figure 2 Comparison of Percent of Income Maxima Annual Maximum Principle Income Percent Payment Deferral $15,000 2% $300 $ 75 1% 150 745 $12,500 2% $250 300 1% 125 850 $10,000 2% $200 520 1% 100 965 Attachment D provides a similar analysis for the proposed assessments for alley improvements. Note that the deferral amount increases considerably when the maximum percent of income is decreased from two to one percent. The housing study conducted for the City by Maxfield Research Group, Inc. in 1989 provided 1988 estimates of demographic data, based on 1980 Census data. This data estimates that about one in seven households in the city have an income of less than $15,000. Senior citizen households accounted for about ten percent of the total households. Based on these proportions, it is estimated that in Brooklyn Center 200 -250 senior households might be eligible for a deferment of part of the cost of a street improvement. 5 Page Five June 20, 1990 An average street improvement project might result in 20 -30 assessments to residential properties. We could expect three to four of the households to have incomes below $15,000, and perhaps one of those households to be a senior household. The average projec t difference might be $300 versus $850. In an average year, between street and utility improvement projects and the diseased tree program, the equivalent of five projects might be undertaken. One deferral per project would "cost" $1,500 if the annual maximum payment percent is two percent; $4,250 if it is one percent. The Council may wish to retain the maximum percent of income at two percent, lower it to one percent, or choose some other figure. Interest on the Deferred Portion The policy stipulates that interest will accrue on the deferred portion of the assessment. Virtually all cities with such a policy also require that interest be charged. In this way the city will at the time the property changes hands recover the principle and interest it would have received in installments. The net effect of this requirement is that the policy is "revenue neutral," except for the effects of inflation. This policy does require what may be a large lump -sum payment to be made from the proceeds of the sale of the property. There may be cases where this could be a hardship. A change to this stipulation would remove the revenue neutrality of the policy, and a permanent source of funding for the interest payments would have to be identified. The Council may wish to retain the current policy of charging interest on the deferred portion of assessments, or it may wish to identify a permanent source of revenue to fund the interest payments. Alternatives for Low - Income Families Council members also expressed concern regarding the burden special assessments might have on young families. The statute does not allow the City to defer assessments on the basis of income or any other criterion, except for seniors and disabled persons. The statutes regarding special assessments in general do enable the City to establish special assessment policies which might specify that some assessments would be paid "up front" from other sources of funding. 0 Attachment A 435.193 PUBLIC IMPROVEMENTS, OTHER PROCEEDINGS 8492 435.193 SENIOR CITIZENS OR RETIRED AND DISABLED PERSONS HARD- SHIP SPECIAL ASSESSMENT DEFERRAL. Notwithstanding the provisions of any law to the contrary, any county, statutory or home rule charter city, or town, making 'a special assessment may, at its discretion, defer the payment of that assessment for any homestead property owned by a person 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make the payments. Any county, statutory or home rule charter city, or town electing to defer special assessments shall adopt an ordinance or resolution establishing standards and guidelines for determining the existence of a hardship and for determining the existence of a disability, but nothing herein shall be construed to prohibit the determination of hardship on the basis of exceptional and unusual circumstances not covered by the standards and guidelines where the determi- nation is made in a nondiscriminatory manner and does not give the applicant an unreasonable preference or advantage over other applicants. History: 1974 c 206 s 7; 1976 c 195 s 3, 1981 c 80 s 1 435.194 PROCEDURE TO OBTAIN DEFERRED ASSESSMENT. The homeowner shall make application for deferred payment of special assess- ments on forms prescribed by the county auditor of the county in which the homestead is located. Where the deferred assessment is granted, the auditor shall record a notice thereof with the county recorder of said county which shall set forth the amount of the assessment. The taxing authority may determine by ordinance or resolution the amount of interest, if any, on the deferred assessment and this rate shall be recorded by the auditor along with and in the same manner as the amount of the assessment. History: 1974 c 206 s 8; 1976 c 181 s 2; 1976 c 195 s 4 435.195 TERMINATION OF RIGHT TO DEFERRED PAYMENT. The option to defer the payment of special assessments shall terminate and all amounts accumulated plus applicable interest, shall become due upon the occurrence of any of the following events: (a) the death of the owner, provided that the spouse is otherwise not eligible for the benefits hereunder; (b) the sale, transfer or subdivision of the property or any part thereof; (c) if the property should for any reason lose its homestead status; or (d) if for any reason the taxing authority deferring the payments shall determine that there would be no hardship to require immediate or partial payment. History: 1974 c 206 s 9 Attachment B Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION NO. 85 -143 RESOLUTION RELATING TO DEFERMENT OF SPECIAL ASSESSMENTS FOR PERSONS 65 YEARS OF AGE OR OLDER i AND ESTABLISHING AN INTEREST RATE ------------------------------------------------ WHEREAS, Minnesota Statutes 435.193 through 435.195 provides for the deferment of special assessments and specifies the conditions under which municipalities are authorized, on a voluntary basis, to defer such assessments; and WHEREAS, the City Council of the City of Brooklyn Center found and determined that deferral of special assessments for certain senior citizens is in the public interest and passed City of Brooklyn Center Resolution No. 78 -87 providing for deferment of special assessments for persons 65 years of age or older and establishing an interest rate; and WHEREAS, economic conditions over the past seven years have made it increasingly difficult for senior citizens to qualify for deferment of special assessments due to the $7,500 income limitation and persons retired due to permanent and total disability are not included in the present policy; and WHEREAS, the City Council desires to update the City's P Y Deferment of Special Assessments Policy and desires to develop a policy that responds to ever changing economic conditions: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the policy established by Resolution No. 78 -87 is hereby amended to provide for deferral of special assessments certified after the adoption of this resolution under the following conditions: 1. The property upon which the assessment is deferred must be homesteaded; 2. The property is owned by a person at least 65 years of age on January lst of the year in which payment of the first installment of the subject assessment levy is due; or is owned by a person who is retired due to permanent and total disability. RESOLUTION NO. 85 -143 3. The applicant must have a "financial hardship" defined as: a. An annual income at or below the two person rate established by HRA Section 8 housing guidelines (two person household rate is $17,400 in 1985); and b. The aggregate total of special assessment installments from previously- existing special assessment levies plus the first year of the current levy will exceed two percent of the applicant's annual income. 4. The portion of the current levy which will be deferred will be that portion of the levy against the applicant's property which requires a first year installment payment which, when added to the applicant's annual payments from previously existing special assessment levies, would result in an aggregate total of special assessment installments totaling more than 2 per cent of the applicant's annual income. The portion of the current levy which can be paid without aggregating total installments above 2 percent of the applicant's annual income shall not be deferred. 5. Special assessments levied due to the applicant's failure -to -pay charges for City services or failure to comply to City codes (i.e. delinquent utility assessments, assessments for weed removals, assessments for nuisance abatement, etc.) shall not be deferred, and installment payments for existing levies for such services shall not -be included in calculating the maximum 2 per cent aggregate payment defined in paragraph 4 above. BE IT FURTHER RESOLVED that interest at the rate for that particular assessment levy shall be added to the deferred assessment and shall be payable in accordance with the terms and provisions of Minnesota Statutes 435.195;.and BE IT FURTHER RESOLVED that the City Manager is directed to provide application forms, as may be necessary , and is authorized to process said applications signed by the qualified persons prior to September 15th of the preceding year of date which payment is due and direct Hennepin County to defer the special assessments within said application. - RESOLUTION NO. 85 -143 BE IT FURTHER RESOLVED that the right to defer assessments is hereby terminated when the subject property owner no longer meets the criteria established in this resolution except that a surviving spouse of a qualified applicant need not meet the age requirement. August 12, 1985 Dat - Mayor ATTEST: '4 r`k The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka , and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Attachment C: Survey Update Deferment Of Special Assessments for Persons 65 Years of Age and Persons Totally and Permanently Disabled Assessed Interest Income % of Value On Part Policies to Assist City Over 65 Disabled Usage Limitation Income Limitation Deferred Low- Income Persons Bloomington Y N - "Doesn't get used" N 1.5% $75,000 Y - Pays a portion of specials on block -grant funded projects Brooklyn Park Y N - "Would consider other $12,000 < 5 acres Y - No applicants but never received any requests" Eagan Y Y - Average 3 -4 requests N 1% N Y - Individuals may go before Council per year for special consideratio Edina Y N $15,000 2% N Y, +1% - No Fridley Y - Have never used it - No Golden Valley N N - No Maple Grove N N - Will consider requests; may - No establish policy Fall, 1990 Minneapolis Y N - 12 awarded since 1980 <150% of N N Y - No. Have had only 2 inquiries poverty level Plymouth Y Y - "Rarely have requests" $16,800 N N Y - No 2 persons St. Cloud Y Y N 3% $65,000 Y - Yes. Percent credit based on income. Check issued every year to grantee (or mortgage company). $200,000 deferre since 1979; from HRA and City funds. St. Louis Park Y $10,800 June,1990 Attachment C: 19850rvey -. ------------ •------------------------------------- CITY /CONTACT � ELIGIBILITY � QUALIFICATION REQUIREMENTS �---------- - - ---- PARTICULARS �.._._.......... ----- --------------------------------------------------- Bloomington/ -over 65 - average annual principle and interest due on all - current policy adopted in 1975 not identified special assessments exceeds 1.5% of annual income - deferment automatically terminates when: - property value does not exceed $75,000 1. owner dies and spouse is not qualified - interest at the rate for that assessment shall be 2. property is sold, transferred or subdivided added to the deferred assessment 3. property no longer homestead 4. the City etermines the e owner is no Longer in the hardship category -- --------- ---•------ ---- --- ------ --- -- •-- -- ------- -- ------ - ---- � Brooklyn Park/ -over 65 - defers current and future special assessments if - current policy adop ted ted in 1981 Charles Lenthe annual net income minus annual principle and interest - deferment automatically terminates when: payment on assessments does not exceed $12,000 1. owner dies and spouse is not qualified - Assessors estimated market valuation does not exceed 2. property is sold, transferred or subdivided $100,000 3. property no longer homestead -owner has not signed petition for said improvement 4. the City determines the owner is no longer in on current projects the hardship category - - •--------- ------ ------ --- -- Burnsville/ ( -over 65 - defers payment of any special assessment if annual - current Chuck Si policy adopted in 1981 ggerud permanent and gross income does not exceed $10,000 - deferment terminates and all amounts accumulated total -the average annual payment for all assessments plus aplicable interest shall be due when: disability exceeds 3% of owner's income 1. owner dies and spouse is not p qualified - special assessments deferred must exceed $400.00 2. property is sold, transferred or subdivided -total assets of owner and spouse do not exceed 3. property no longer homestead $20,000 excluding homestead 4. the City determines the owner is no longer in -City Council may consider exceptional and unusual the hardship category circumstances if applicant not covered by above 5. failure to renew application standards ------•--------- ------------ ---- •- -- -- i-- -- -- -- policy adopted Champlin/ -over 65 - annual principle and interest due on an assessment - current P in 1982 Sue Knight - permanent and exceeds 2.5% of current annual income -interest rate applies to principle and interest of total - Assessor's market valuation must not exceed $ 00 th e assessment but shall not apply to the interest disability of the deferment � ................. . ....•- -•-- •� ------ - --- - -- Coon Rapids/ -over 65 -the only req uirement uirement is that one spouse must be Bill Ottensman over 65 ................. ------- - - - --- .---------------- - - - - -- -- --------------------------------------------•----.....--------•----------------•--.....---------•-----------------------•--------•-- I CITY /CONTACT I ELIGIBILITY I QUALIFICATION REQUIREMENTS I PARTICULARS I----------------- I-- - - - - -- I Eden Prairie/ I -over 65 I - defers payment of special assessment if annual I - deferred interest is to be added but not to exceed Kathy Herman I -permanent and I household income exceeds the following limit-_: I 50% of the original principle amount of the total I I assessment I disability I # of People in Household Total Annual Income I - deferment terminates and all amounts accumulated plus I - - - -- -- - - -•-- ----- ------ ................... I applicable interest shall become due when: 1 $13,700, I 1. owner dies and spouse is not qualified I 2 $15,650 I 2. property is sold, transferred, or subdivided I 3 $17,600 I 3. property no longer homestead I I I 4 $19,550 I 4. the City determines that the owner is no longer 5 $20,750 I in hardship category 6+ $22,000 I 1 I I I I I I I -Assessor's estimated market valuation does not exceed $130,000 I I -assessments Levied or pending prior to ownership by the applicant are not eligible i ----------------- I --------------- -- I-----------;-------------- .-- ---- --- --- ----- --- ------•- -- -------------------- Edina/ � I -over 65 I -applicant's income must not exceed $15,000 - current policy adopted in 1977 not identified I I -the first year's installment of the proposed special I - deferred assessment shall bear interest of 1% in I I assessment must increase the aggregate total of I excess of interest rate for that assessment special assessment payments to more than 2% of I I I applicant's income I I I I I -City Council may consider exceptional and unusual circumstances if applicant not covered by above I ( I standards I----------- - - - - -- I----------- - - - - -- I--------------------------------------- Fridley/ I -over 65 I -The City Council considers each application on an I - current policy adopted in 1981 Sidney Inman ( I individual basis. (The general policy is to grant I - deferral terminates when: deferment when annual payment for the special I 1. owner dies and spouse is not qualified assessment exceeds 2% of the adjusted gross income I 2. property is sold, transferred, or subdivided from Federal Income Tax.) I 3. property no longer homestead 4. the City Council decides that further deferments are not in the public interest .. ............................... ....-•-------------•---•----•---...----••--•...-•----••- --------------------------------------------------------- I Golden Valley/ I -no policy I I Lowell Odland I I I ................. I ------------- ---- {--------------------------------------------------------- I ------------------------------ --------------------------- i Maple Grove/ I -no policy I I I Gerald Butcher I I I I I I .............. ... I_...--------------- - - - - -- --- •---- - - - - -- I -------------•------------------ •--- •---- --- ----- - - - - -- ------------------------------------------------------•---------------------------...-----------------------------.....-----------------------•-------- CITY /CONTACT ELIGIBILITY I QUALIFICATION REQUIREMENTS PARTICULARS --------•- ----•-- - ----- ----- - - - - -- ------------------------ -- ---- --•---- -- -- ---- ---- ---- -- ....................................................... Minnetonka/ -retired due - applicant's income must not exceed $13,500 - current policy adopted in 1984 to age (actual - certification may be made at any time following the age is not adoption of the assessment roll by the City Council specified -deferment of an assessment may not exceed 15 years -retired as a result of permanent and total disability ---------- -- - - --- ----------------- ------------------------ ------ -----------•----- --- --• -- ---------------••------------------------------------- New Brighton/ -over 65 - average annual payments for all assessments levied - current policy adopted in 1977 Les Proper i against the subject property exceeds 1% of adjusted - deferral terminates and all amounts accruing plus gross income interest are due when: 1. owner dies and spouse is not qualified 2. property is sold, transferred or subdivided 3. loss of homestead status 4. the City council determines that no hardship exists - --- - -•- ---- ------ ------•------------------- •--- ---- -- --- --- -- --- --- •------ --•-------•---------------- -- --------- ---•--- ------- ---- -� North St. Paul/ -over 65 - income of all owners does not exceed $11 ( - current policy adopted in 1981 Judy Auger -other persons determined qualified by the City Council -- ---- ------- -- -- --- --- ---- ------- --------------------------------------------------------- --•----•----•--------•----•---•-------•------•---------- Plymouth/ -over 65 - Owners gross income does not exceed $13,500 for a one - current policy adopted in 1983 Fred'Moore person household. Add $1,000 to qualifying income for - interest on deferred assessments shall cease to accrue each additional person. on the original date for final payment of the - property does not exceed 1 acre unless property is special assessment not subdivideabte ................. ----------------- --------•--•-------------- ------ ------- ----------- -- ---- -over 65 -gross household income does not exceed $11,000 - current policy adopted in 1981 Mike Eastting ( - permanent and -City Council may consider exceptional and unusual total circumstances if applicant not covered by above disability standard ................. ............ ..... --------------------------------------- ...... ..................................... ................. -------------------------------------------------------------------------------------------------------------------------------- CITY /CONTACT I ELIGIBILITY I QUALIFICATION REQUIREMENTS I PARTICULARS I I --------- -- ---- -I--------------------------------------------------------- .....------....------------------------------------- - - - - - Roseville/ -over 65 -avers I a annual assessments levied after Jul 27 1981 I - current policy adopted in 1981 Charles Honchell) - permanent and i exceeds 1% of adjusted gross income (income i not I - deferment terminates when: i total I include Social Security, Retirement incomes, I 1. owner dies and surviving owner does not qualify I I disability I Disability, Worker's Compensation) I 2. request of property owner I I I ( 3. propery is sold, transferred or subdivided I I I 4. the City determines that no hardship exists I ----------------- I ----------------- I -------------------------------------------------- ------- I--------------------------- -- ---- ---- ----- ---- --- -- -- - - - -I St. Cloud/ I -low income I - percent credit toward special assessment based upon I - current policy adopted in 1984 Steve Gaetz I I HUD income guidelines I - percent formula is: I I - retirement credit for adjusted income is $4,500 I HUD Adjusted for retired single owner and $7,200 for retired I Income (minus) Income X 100 I married owner I Guideline II I I-------------- -------- ---- -- ----- --- --- ---- -- I I I I I HUD I I I I INCOME I GUIDELINE ----------- - - - - -- I- _--------- - - - - -- I--------------------------------------------------- - - - - -- I---------------------------- ---- ---- ------ ------- --- - - --- I St. Louis Park / I over 65 I -total household income must be less than $10,500 I - current policy adopted in 1980 I B. Stepnick I ----------------- I ----------------- I I------------------------------ -- ---- -- --- --- ------- -- - -- - I y Attachment D 1989 Alley Improvement Projects: Possible Special Assessment Deferrals Amount Deferred If Amount Deferred If Estimated Maximum First Annual Income= $15,000 Annual Income= $10,000 Total That Could Special Year's Be Deferred Alley Project Assessment* Payment @1% @2% @1% @2% @1% @2% Alley 1: Girard /Fremont (N =4) (N =4) Direct Access (N = 17) $3,215 $563 $2,360 $1,500 $2,645 $2,075 $10,000 $7,000 Indirect Access (N = 13) 989 173 130 420 600 (N = I Alley 2: Girard /Humboldt Direct Access (N = 14) $1,954 $342 $1,095 $237 $1,380 $810 $3,750 $1,500 Indirect Access (N = 4) 698 122 (N =3) (N =3) Alley 3: Emerson /Fremont Direct Access (N = 19) $1,177 $206 $320 $605 $1,880 Indirect Access (N = 4) 430 75 (N =4) Alley 4: Lakeview /Twin Lake Direct Access (N = 5) $1,779 $400 $1,113 $445 $1,335 $890 $700 $1,200 Indirect Access (N = 3) 523 118 (N =1) (N =1) *As proposed at the project hearing. Total $16,930 $9,700 The Maxwell report estimated that 16% of the households in the Southeast neighborhood are senior - headed. If we assume that one in five of the alley properties are owned by seniors, then the maximum, estimated total amount of deferred assessments are as shown in the rightmost columns above. The estimated maximum total if the annual maximum percent of income is 2% could be $9,700; if at 1 % it could be $16,930. June_, 1990 Additional Information On Low- Income Programs Community Development Block Grant funds may be used to pay all or a portion of special assessments for improvement projects. A number of requirements and restrictions apply. Brooklyn Center has about $200,000 available in CDB grants that is used to fund housing capital improvement projects such as rehab grants. The scope of projects undertaken is limited because of the uncertainty from year to year of funding availability. The following are some of the requirements and restrictions that apply: • An area must be designated as the "improvement area "; this designation is per project rather than for a specific period of time. • A majority of the property owners must be of low or moderate income. In 1989, the limit for a two - person household was $27,100. (Note: The Maxfield Research Group 1989 housing study estimated that in 1988, one out of every three households in Brooklyn Center had a household income below $25,000.) • Within the designated area, the City would be required to pay 100 percent of the assessments of low income persons, and a portion of the assessments of moderate income persons. • The City would be required to conduct an environmental assessment for any project to be funded this way; also, all federal labor laws must be met, and a number of reports must be filed. • The designation, etc. must be completed prior to undertaking the project; it cannot be done after the fact. 4 CITY OF BROOKLYN CENTER Council Meeting Date 5 9 0 Agenda Item Number /Ob REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: HUMBOLDT AVENUE TRAIL EXTENSION *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: 4, * * * * * * * * * * * * *� * *P * *� *R * ** O *� ** P *B * * * * *W� *S , ** * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: t" No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached As requested by the City Council, we will present a verbal report regarding the feasibility and cost estimates for extending the trail on the east side of Humboldt Avenue at the June 25, 1990 meeting. CITY OF BROOKLYN CENTER Council Meeting Date 5/25/9 Agenda Item Number ��► REQUEST FOR COUNCIL CONSIDERATION ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: 69TH AVENUE CORRIDOR - IMPROVEMENTS AND REDEVELOPMENT ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: ,= 4 SY KNAPP; DIRECTOR OF PUBLIC WORKS MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached Yes ) Attached hereto are two items for discussion by the City Council, i.e.: Item 1 - A draft resolution "defining policy and goals relating to improvements and redevelopment within the 69th Avenue corridor." This resolution was prepared in response to the City Council's request at the May 21 meeting. As written, the resolution establishes the position that the 69th Avenue street improvement project will proceed independently from planning for a redevelopment program, but assures that adequate opportunities for public involvement will be provided both during the development of final construction plans and during the development of a redevelopment program. In addition, the resolution revises the existing special assessment policy so that no special assessments would be levied against R -1 zoned properties abutting a 4 -lane- divided roadway. Note This would not affect proposed special assessments against commercial or industrial properties, or against R -3 zoned properties (the 5 homes on the south side of 69th Avenue, west of France Avenue are zoned R -3, as are the Earle Brown Farm Townhouses). The probable net impact of this policy change would be the elimination of special assessments against the 2 single family houses in mid -block between Drew and Ewing Avenues, and against 1 single family house in mid -block between Ewing and France Avenue (i.e. 3 x $ _ $ ). Item 2 - Also attached is a draft proposal from SEH to provide "Stage 1 - Project Development" services relating to the 69th Avenue reconstruction project. Please note that the changes and notations shown in italics are my comments. We request Council review and discussion of the proposal at the June 25 meeting. Based on the Council's request for additional changes, additions, etc., we plan to ask SEH to finalize their proposal, including an estimate of costs for this stage of work, for formal consideration at the next Council meeting. The intent of proceeding with final plan development on a two -stage basis is to allow maximum opportunities for citizen and City Council input before proceeding with final construction plan development. This also allows for better cost control by providing for development and review of cost estimates for various elements of the project before proceeding with final plan development. In effect ... we believe it will provide effective project management. r Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DEFINING POLICY AND GOALS RELATING TO IMPROVEMENTS AND REDEVELOPMENT WITHIN THE 69TH AVENUE CORRIDOR WHEREAS, on March 26, 1990 the City Council adopted Resolution No. 90 -66, ordering the reconstruction of 69th Avenue North from Noble Avenue to Shingle Creek Parkway, based on a plan which provides for the acquisition of properties along the north side of 69th Avenue to provide adequate right -of- way for the proposed improvements; and WHEREAS, on that date the City Council also requested the Economic Development Authority (EDA) to explore the possibility of additional redevelopment of the south side of 69th Avenue North; and WHEREAS, it is the opinion of the City Council that a street improvement project which upgrades a street into a four - lane - divided roadway does not materially increase the market value of any single- family residential (R -1) property which abuts such an improvement; and WHEREAS, the City Manager has advised the City Council that regular Municipal State Aid Street funds cannot be used to purchase additional properties on the south side of 69th Avenue for redevelopment purposes; and WHEREAS, the Brooklyn Center Comprehensive Plan contains recommendations for the rezoning and redevelopment of properties in the general vicinity of the Brooklyn Boulevard /69th Avenue intersection; and WHEREAS, it is the intent of the City Council to establish a process for the development of final plans for the reconstruction of 69th Avenue which includes opportunities for public involvement in resolving design issues relating to that improvement project; and WHEREAS, the City Council also recognizes the need for citizen input and involvement in the development of any redevelopment plans and it is the intent of the City Council to provide such opportunities independently of proceedings relating to the street improvement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. It is the intent and policy of the City Council that the reconstruction of 69th Avenue North, as ordered by Resolution No. 90 -66 shall proceed independently of any planning studies relating to land use changes and /or redevelopment. RESOLUTION NO. 2. The Council's request to have the EDA explore the possibility of additional redevelopment of the south side of 69th Avenue North is hereby rescinded so as to clarify that the City at this time has no official or formal plan for the purchase of any of those properties. 3. It is the goal of the City to review the Comprehensive Plan as it relates to all properties within the 69th Avenue corridor, and especially to all properties lying within the general vicinity of the 69th Avenue /Brooklyn Boulevard intersection, including the 69th Avenue corridor between France Avenue and Noble Avenue, and to develop a plan for redevelopment of that area in general conformance with the Comprehensive Plan. 4. No special assessments will be levied against any single family residential (R -1 zoned) properties abutting the 69th Avenue Improvement Project No. 1990 -10 between Brooklyn Boulevard and Shingle Creek Parkway. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. AdOW AdOW W A= ENCINEERS ■ ARCHITECTS ■ PLANNERS 3535 VADNAIS CENTER DRIVE, ST. PAUL, MINNESOTA 55110 612 490 -2000 June 19, 1990 D Mr. Sy Knapp, P.E. Director of Public Works City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mr. Knapp; This letter is our proposal to you for engineering services for the preliminary design investigations for street and utility improvements to 69th Avenue from Noble Avenue to Shingle Creek Parkway. Based on our meeting on June 13, 1990, and subsequent telephone communications, we have developed a scope of work for preliminary design of improvements. The preliminary design phase Y g P will be referred to as Stage I - Project Development. Included in this letter agreement is Exhibit A outlining specific tasks that make up the scope of services to be performed by SEH, Exhibit B, which outlines the City's responsibility, Exhibit C - Project Schedule and Exhibit D - Manhour Estimate. We will also furnish any additional services as you may request. We estimate the cost for this Stage I - Project Development to be $ which includes preparation of the right -of -way plan at a cost of $ Compensation will be based on payroll cost times a multiplier of 2.13 plus mileage and expenses. Reimbursable expenses incurred in connection with engineering services will be charged on the basis of actual cost. We will bill you monthly for services and reimbursable expenses. As the cost of engineering services approaches 90% of the total estimated cost, we will notify you and discuss the amount_ of work left to be completed, , zevie„v at 50o, 75% and 900 -1- SHORT ELLIOTT ST PAUL, CHIPPEWA FALLS, HENDRICKSON INC MINNESOTA WISCONSIN Mr. Sy Knapp June 19, 1990 Page #2 We appreciate the opportunity to present this proposal and look forward to doing the work. If ou have an questions, lease Y Y 4 P contact me. This proposal and Exhibits A, B, C, and D represent the entire understanding between the City and SEH. This proposal may only be modified in writing signed by both parties. If this proposal is acceptable to the City, we would appreciate you signing the enclosed extra copy and returning it to us. Sincerely, SHORT - ELLIOTT- HENDRICKSON, INC. Richard E. Moore, P.E. Manager, Municipal Engineering Department Gary R. Gray, P.E. Vice- President SMM /cih APPROVED BY CITY COUNCIL ON BY: (Mayor) DATE: BY: (City Manager) DATE: -2- EXHIBIT A SCOPE OF WORK I. GENERAL PROJECT SCOPE The project provides for street and utility improvements to 69th Avenue North between Noble Avenue and Shingle Creek Parkway. The scope of the consultant services is for preliminary design, referred to as Stage I, Project Development. A feasibility report dated April 4, 1989, and an Environmental Assessment Worksheet dated October 19, 1989, has been prepared for this project. The purpose of Stage I, Project Development is to identify, investigate and resolve design alternates and specific issues with the City, public, and agencies. 69th Avenue exists as a two lane roadway with 66 feet of roadway. SEH is to prepare a right -of -way plan that includes total parcel taking on the north side of 69th Avenue from Brooklyn Boulevard to Palmer Lake Road. The type and the amount of right -of -way taking from Noble Avenue to Shingle Creek Parkway basically divides the project into four parts. Each project "part" has a specific set of issues and possible alternates for design. Common to all segments of roadway is public and private utility design considerations, median openings, noise, landscaping, public input, and agency coordination. Each design alternative will require some alternate investigation of other design elements. The project division can be generally described as follows: SEGMENT 1 - FROM NOBLE AVENUE TO INDIANA AVENUE -3- 69th Avenue from Noble Avenue to Brooklyn Boulevard is Hennepin County right -of -way. The final design must comply with Hennepin County requirements. There are access issues for the commercial properties at Brooklyn Boulevard and 69th Avenue. The City is considering some redevelopment in this area which could impact access and right -of -way takings. T SF � - �aiil corrsrderet two design alternates for this segmentx ane ineeuded in thin agne.e.me.nt { putcpozez o� e- 6timating manhomz. SEGMENT 2 - INDIANA AVENUE TO FRANCE AVENUE The total right -of -way taking proposed for this segment will extend the existing right -of -way approximately 90 feet. Design is restricted to a 50 foot setback from house to sidewalk and is anticipated to utilize a minimum boulevard width for bituminous trail on the north and concrete sidewalk on the south. The City is also investigating possible redevelopment of the property on the south side. Issues include median closures, noise and landscaping. For purposes of this agreement, two alternates will be considered. Revize - zame a,5 above. SEGMENT 3 - FRANCE AVENUE TO PALMER LAKE DRIVE The right -of -way proposed to be taken for this segment extends the existing right -of -way approximately 130 feet. This segment has the greatest flexibility in design alternates. SEH will consider a aximum of sixi design alternates for this agreement. Issues include median closures, noise, landscaping, and the cemetery entrance treatment. Revue - zame az above SEGMENT 4 - PALMER LAKE DRIVE TO SHINGLE REEK PARKWAY WAY Design considerations for this segment include compensating storage for roadway fill, coordination with DNR, Corps of -4- Engineers, and Watershed, connections to the existing bike trails, landscaping of surplus property, and an entrance for the Earle Brown Townhouse. II. SCOPE OF SERVICES The following are specific tasks that make up the scope of services: A. PROJECT INITIATION 1. SEH will review existing information including City utility maps, construction record drawings, previous agency contacts, and neighborhood meeting minutes and comments. 2. SEH will videotape the project corridor and take still pictures at selected locations. B. SOIL BORINGS 1. SEH will coordinate and request a proposal from a selected geotechnical consulting firm to perform soil borings, calculate R- value, resistivity and perform other necessary laboratory tests. 2. SEH will stake boring locations for the geotech- nical consulting firm. 3. SEH will interpret boring logs and investigate alternative soil improvements for roadway con- struction and prepare alternate cost estimates. C. ALIGNMENT 1. SEH will work with Hennepin County to arrive at a satisfactory design for 69th Avenue between Brooklyn Boulevard and Noble Avenue. -5- 2. SEH will assist the City in engineering consider- ations of redevelopment issues in relation to 69th Avenue alignment. 3. SEH will identify and investigate access issues for Pilgrim Cleaners ers and the gas stations located at 69th Avenue and Brooklyn Boulevard. 4. SEH will prepare justification for location of median closures /openings along 69th Avenue for commercial businesses and cross streets. 5. SEH will examine alternate design alignments for the project length using a minimum 50 foot setback from existing houses. Design alignment alternates will include consideration of the affects on existing trees, public and private utilities, the affects of noise and traffic to the remaining properties along the corridor. 6. Alternate designs will be compared on the basis of cost as requested by the City. 7. SEH will consider alternates for access to and from the cemetery entrance. 8. SEH will prepare an alternate design for a rural cross section for Segment 4 from Palmer Lake Drive to Shingle Creek Parkway. D. SURVEYS 1. SEH will conduct surveys to gather additional information not previously surveyed. Surveys to be performed are as follows: a. Monument Survey b. Additional Topographic Survey -6- 0 C. Profile and Cross Sections d. Utility Locations 2. SEH will survey existing public and private utility structures. Repair and reconstruction recommendations will be made to the City. 3. SEH will evaluate and make a recommendation to the City regarding the need for Mark Hurd Orthophotos. E. BASE PLAN LAYOUT 1. SEH will add the additional survey information to the existing topography map. 2. Develop cross sections and profiles of the existing roadway. F. ROADWAY DESIGN CONSIDERATIONS IN PALMER LAKE BASIN 1. SEH will examine alternative methods for soil improvements in the Palmer Lake basin. 2. SEH will prepare cost estimates for alternates. 3. SEH will consider design constraints of staying within the ordinary high water and make adjust- ments if necessary. 4. Based on the recommendations, SEH will prepare plans and specifications for the soil improvements and provide the City with a separate cost estimate for this work. Note. Soit cogAe.ction contAact to be awaAded in 1991. -7- G. UTILITIES 1. Storm Sewer a. SEH will review the Comprehensive Storm Sewer Plan, review record drawings, and estimate drainage areas for the project area. b. SEH will investigate the ability to utilize the existing storm sewer system, and investigate the advantages of designing a new storm sewer system for 69th Avenue, and consider a combination of both. C. SEH will investigate and make recommendations for storm water runoff outlet treatment in accordance with Watershed and DNR require- ments. d. SEH will prepare cost estimates for alternate comparisons. 2. Sanitary Sewer a. SEH will investigate the lift station at Palmer Lake Drive and gravity outfall overload problem. b. SEH will conduct a capacity analysis of the down.6t c.eam immediate Os-v - .. area. The analysis will include the outfall sewer from the lift station to Drew Avenue and south on Drew Avenue to 67th Avenue. SEH will also investigate the pumping capacity and wet well capacity of the lift station. C. SEH will make recommendations to the City for improvement. -8- 3. Watermain a. SEH will review the soil resistivity infor- mation. b. SEH will investigate locations for construc- tion of watermain between Palmer Lake Drive and Shingle Creek Parkway, alternate location includes along new alignment or along the existing roadway. C. SEH will review service connections to the new main and make recommendations. d. SEH will consider location of watermain in connection with other design alternates. 4. Private Utilities a. SEH will assist the City in investigation of relocation of overhead power lines. b. SEH will identify and investigate conflicts with existing underground utilities. C. SEH will coordinate preliminary design information with private utilities. H. ROADWAY DESIGN SEH will calculate alternate pavement designs and provide cost comparisons. I. PLAN PROFILE SEH will prepare plan and profile drawings for alternates as requested by the City. -9- J. HYDRAULICS /WATER RESOURCES 1. SEH will delineate wetland boundary to determine impact of project on wetland vegetation, habitat and storm water storage. 2. SEH will estimate the increase in runoff due to the project and determine the volume of compen- sating storage required to maintain flood levels. 3. SEH will consider construction methods and erosion control provisions which will minimize wetland impacts. 4. SEH will coordinate with the U.S. Army Corps of Engineers, U.S. Fish & Wildlife Service, Depart- ment of Natural Resources, Hennepin Soil and Water Conservation District, the Shingle Creek Watershed Management mmzion Ttsde t�gaemt'--= a�t�tr to determine permit requirementsx. - and pnepane_ appiicationz fox zubmittai by the City. 5. SEH will develop a preliminary mitigation plan to compensate for wetland impacts and submit the plan for initial agency review. a. Compensating storage Note - : b. Habitat diversity These ace nequaed C. Wetland restoration and upland conversion by DNR d. Recreation and aesthetic aspects p�.a� ect- ne.�a�ed 6. SEH will design sediment traps for all storm water discharge points into the wetland so as to enhance the water quality entering the Palmer Lake Park. -10- K. RIGHT -OF -WAY EASEMENTS 1. SEH will prepare property descriptions necessary for permanent right -of -way, permanent easement and temporary easement acquisition. 2. SEH will prepare an amended right -of -way plan if necessary. Comideh: pAe.poA tion o6 a &ight -o{ -way ptat? L. LANDSCAPING 1. SEH will evaluate project considerations with City officials and SEH staff, establish project goals and objectives. 2. SEH will evaluate existing site conditions, prepare photographic analysis of above ground utilities, buildings, and all relevant landscape features. 3. SEH will develop landscape plan alternatives which address the effects of existing vegetation and - corresponding alternate alignments. Alternate landscape plans will consider cost comparison ranges for 3 levels, low, medium and high. 4. SEH will prepare illustrations of special landscape treatment for the following areas: a. Near intersection /trails b. Near Palmer Lake Park C. Near residential homes d. Median strips, concrete treatments f. Open t- r'lan;9419r areas near Palmer Lake Basin 5. SEH will coordinate landscaping efforts with a forester if deemed necessary. The cost for forestry consulting services is not included in this agreement. -il- M. AGENCY COORDINATION 1. SEH will participate in and help conduct neighbor- hood meetings as directed by the City of Brooklyn Center. Twelve neighborhood meetings are included in this agreement for purposes of estimating manhours. 2. SEH will coordinate and meet with the DNR, Shingle Creek Watershed District, State of Minnesota, Minnesota Pollution Control Agency, and Corps of Engineers. 3. SEH will coordinate with all involved utilities as necessary. 4. SEH will assist the City in coordination with the Hennepin County portion of the roadway between Noble Avenue and Brooklyn Boulevard. N. TRAFFIC CONSIDERATIONS 1. SEH will identify and make recommendations for locations of pedestrian crossings. 2. SEH will identify and investigate preliminary detour plans for the construction stage. 3. SEH will make necessary contacts with other agencies to identify other construction projects scheduled for the same time period for purposes of coordinating traffic issues. -72- EXHIBIT B CITY'S RESPONSIBILITIES A. EXISTING INFORMATION 1. The City shall provide previous reports, surveys, record drawings, aerial photos and contours of the area and other data already in the City's possession. 2. The City shall assist SEH by placing at his disposal all available information pertinent to the project. B. RIGHT -OF -WAY 1. The City will guarantee access to and make all provisions for SEH to enter upon public and private lands as required for SEH to perform the work under this Agreement. 2. The City will provide SEH with property descriptions for the purposes of preparing easement descriptions. 3. The City shall acquire all necessary permanent and temporary easements for the purpose of constructing the project. 4. The City will contact the U.S. Post Office to discuss the possibility of right -of -way acquisition. C. ALIGNMENT 1. The City of Brooklyn Center will work with Hennepin County to determine and resolve the alignment issues west of Brooklyn Boulevard. 2. The City will inform SEH of their decisions regarding redevelopment at the intersection of 69th Avenue and Brooklyn Boulevard. -73- 3. The City will advise SEH of changes in the treatment of Segment 2 as it relates to possible redevelopment. D. GENERAL 1. The City will provide such legal, accounting, and insurance counseling services as may be required for the project. 2. The City will give prompt written notice to the Engineer whenever the City observes or otherwise becomes aware of any defect in the project. 3. The City will supply any necessary staff to assist the Engineer in public utility investigations and review of existing vegetation. 4. The City will advise SEH when resolution of design alternates are final and give direction for final design phase of project. -74- EXHIBIT C PROJECT SCHEDULE The Council accepts agreement for Engineering Services July 2, 1990 SEH commences work July 3, 1990 First neighborhood informational meeting August, 1990 Right -of -way acquired July 31, 1991 SEH begins final plans and specs. Sept., 1991 Final plans and specifications are complete Dec. 1, 1991 Construction begins May, 1992 -15- �� A VA . as odation of metro oiitan municp ai i ties June 4, 1990 Dear Chief Administrative Official: I NEED YOUR HELP NOW! 'The AMM must become more proactive, more collaborative, more focused and more assertive. The AMM provides the only meaningful vehicle for the cities of the metropolitan area to express in a united voice this important perspective of local government.' The above quote, perhaps more than any other statement, capsulizes the major conclusion of the 12 member AMM Mission and Membership Services Task Force which just completed a year long evaluation and assesment of the AMM's mission, focus and general operations. The Task Force, in its final report, concluded that the AMM has been a very effective 'voice' and provides many benefits for the cities in the 7- county metropolitan area. However, the Task Force feels that we (The AMM) are at a crossroads and must not rest on our laurels as the problems and challenges facing us in the 90's are likely to be even more complex and difficult than the problems of the last decade. The enclosed Task Force report contains a 'blueprint for action' which if implemented should enable the AMM to remain a reliable and relevant tool for member cities as we enter the 90 The bottom line, however, is that to follow this 'blueprint' we must hire an additional staff member which could result in a dues increase of 20 to 25 %. The current three member staff does an outstanding job but the work load has increased so dramatically in recent years that to maintain current programs and increase our effectiveness at the Legislature and to become more proactive at the metropolitan level as recommended in the report, an additional staff member is mandatory. The Board would like to implement the Task Force recommendations and have the additional person on board by early 1991 but will not do so unless there is strong membership support for such action. Here is how your help is needed as asked for in the opening sentence of this letter: 1. Please provide copies of this letter and report to your Mayors and Councilmembers. -1- 183 university avenue east. st. p3ul. minnesota 55101 (612) 227 -4008 2. Please place the report on your Council's Agenda for discussion and action prior to August 1, 1990. (If you would like an AMM board member to attend your council meeting when this item is discussed, please contact an AMM staff member to make the arrangements.) 3. Please inform the AMM Office by no later than August 15th. as to whether your city supports or opposes adding a staff member and the resultant dues increase. (You will be notified as to the exact amount of such increase by no later than July 6th.) 4. Please have a representative from your city attend the special AMM Membership Meeting pre - scheduled for Thursday evening, September 20th. to consider and vote on this matter. I thank you in advance for your help and thoughtful consideration of this proposal. Sincerely, LarryC Bakken, President Golden Valley Councilmember -2- aseoc ation of metropo itan municipal i t ies ASSOCIATION OF METROPOLITAN MUNICIPALITIES REPORT OF THE 1990 MISSION AND MEMBERSHIP SERVICES TASK FORCE TASK FORCE MEMBERS Kevin Frazell, City Administrator, Cottage Grove, Task Force Chair Mentor "Duke" Addicks, Legislative Liaison, Minneapolis Bob Benke, Mayor, New Brighton Gary Jackson, City Manager, Coon Rapids James D. Prosser, City Manager, Richfield Marilyn Corcoran, Mayor, Dayton Nancy Jorgenson, Councilmember, Fridley Tom Spies, Councilmember, Bloomington Katherine Trummer, Mayor, South St, Paul Larry Bakken, Councilmember, Golden Valley Bob Long, Councilmember, St. Paul Lu Stoffel, Mayor, Hastings 183 university avenue east, st. paul, minnesota 55101 (612) 227 -4008 INTRODUCTION The League of Metropolitan Municipalities (LMM) was originally created in 1967, as a subsection and affiliate organization of the League of Minnesota Cities (LMC). The impetus for forming the LMM was the creation of the Metropolitan Council, and the growth in importance and power of the regional operating agen- cies. It was felt that the cities of the seven - county metropolitan area needed an organization, separate from but complementary to the LMC, to interact with those agencies. In 1974, the LMM merged with the Suburban League of Municipali- ties to become the Association of Metropolitan Municipalities (AMM). As the needs of AMM member cities have changed over the years, the Board of Directors has strived to keep the organization relevant. During the late 1970's and throughout the 1980's, the Association's focus has broadened from strictly "metropolitan" affairs, to protecting the interests of member cities in state- wide issues with unique impacts for the metropolitan area. The most prominent recent example is the distribution of state aids to local governments. In 1984, the Association convened its first Mission and Membership Services Task Force to do an in depth study of the AMM and recommend needed changes. The major concern of that Task Force was the proliferation of splinter municipal lobbying groups within the metropolitan area. The 1984 Task Force was concerned that the AMM could lose its viability as an umbrella organization for all metro - olitan cities in the face of a growing number of smaller groups with differ - =nces of opinion on the allocation of state aid resources. The group made 13 recommendations, all of which have since been implemented, with the exception of expanding the staff. The final recommendation of the 1984 report was that the Mission and Membership Services review process should be revisited every five years. Fortunately, predictions of any demise of the Association were ill- founded. Since the 1984 report was issued, five additional communities (West St. Paul, South St. Paul, Arden Hills, Blaine and Shoreview) have joined AMM. The Member- ship now includes 68 metropolitan cities, covering over 90 percent of the popu- lation in the seven - county area. This is an all -time high for the Association. Ironically, one of the splinter groups which existed in 1984, the Municipal Caucus, has since gone out of existence after concluding that its aims and purposes were not that different from those of AMM. The meetings of this year's Mission and Membership Services Task Force, however, have taken place within the context of an increasing split between the metropo- litan area and Greater Minnesota over taxation, local government aid, and other state fiscal policies. The Task Force has studied carefully how the AMM might be a more effective and united voice at the legislature on behalf of all cities in the seven - county metropolitan area. The Task Force has also considered the Association's relationship to the League of Minnesota Cities, and how it might help strengthen that organization in serving the interests of all cities throughout Minnesota. At the same time, the Task Force has not neglected the original focus of AMM, which was to monitor and work with the metropolitan agencies. Of particular -1- concern is the observation that as AMM has become involved in more and more statewide issues, the staff has had a very noticeable decrease in the amount of time available to be spent in the area of metropolitan affairs. The Task Force feels strongly that the AMM should not only correct its decreased activity - in metropolitan oversight, but should actually become proactive in helping set the regional agenda. Richfield City Manager Jim Prosser and Golden Valley Councilmember Larry Bakken have drafted a revised "PURPOSES" Statement for incorporation in the Association bylaws. This document, attached as Appendix A, has been adopted by the Task Force as a recommended mission statement for the Association. In a nutshell, the recommended mission is well - summarized in the first item of that Purposes Statement: To serve as the exclusive and primary representative of the collec tive interests o all metropolit T an cities on metropolitan -wide and statewide issues with unique metropolitan significance. To further that goal, the Task Force has made several observations and numerous recommendations for specific actions to enhance the success and performance of the Association. Those are set forth by topical area as follows, and prefaced by brief background material. During its deliberations the Task Force received input and advice from a number of resource persons. They are listed in Appendix B. The Task Force wishes to express its gratitude for their time and counsel. -2- RELATIONSHIP TO T LEAGUE OF MINNESOTA CITIES As indicated in the introduction, the Association of Metropolitan Municipalities was originally created as a subsection of the League of Minnesota Cities and remains in that status today. As such, we are the only organization entitled to an ex officio (with voting privileges) seat on the League Board of Directors. We are considered an "affiliate organization" of the League for the purposes of adopting legislative policy. The Association offices are located on the first floor of the LMC building. Cities in the seven - county metropolitan area comprise approximately 15 percent of the LMC membership, but because of their size pay about one -half of the LMC dues. The Task Force met with LMC President Millie McCloud, as well as Executive Director Don Slater. A member of the Task Force, New Brighton Mayor Bob Benke, currently serves as vice president of the League. The Task Force observations are that the League of Minnesota Cities and the Association of Metropolitan Municipalities have maintained a very positive working relationship. Despite the split in the LMC membership over local government aid policies, the AMM has never taken a legislative position in direct opposition to any adopted policy of the League. In fact, LMC and AMM lobbying staffs work cooperatively in many areas of policy agreement (such as pay equity, labor relations law and tax increment financing). Officials from Greater Minnesota have raised concerns about the relationship between the League and AMM. Specifically, it has been questioned whether the t�"M should have the ex officio seat on the Board, and whether the relationship ween the staffs of the two organizations has been compromisingly close. Due these concerns, as well as our own concerns about the effectiveness of AMM as subsection of the League, the Task Force considered carefully whether the AMM rnould be incorporated as a separate entity. RECOMMENDATIONS 1. Because of division in its membership, the LMC has been neutralized from effective lobbying on some critical issues like local government aid. This means that the AMM must become more vocal and assertive on behalf of its member cities in these policy areas. At the same time, we wish to support the efforts of LMC to bring together its membership on divisive issues, and recommend that the LMC develop effective consensus building and dispute resolution procedures that enable it to adopt policy positions that have credibility with the legislature. We encourage AMM member city officials to become more actively involved in the LMC, creating a metropolitan constituency group and perspective within the LMC. 2. We recommend that the Association not be incorporated as a legal entity separate from the League of Minnesota Cities. We wish to be supportive of the LMC, and to encourage AMM member city officials to become more active in the League. We feel that this goal can be best accomplished in our current status as subsection of the League. - 3 - 3. We recommend that the AMM reject any requests that it give up the ex officio seat on the LMC Board. The Task Force feels strongly that we have lived up to the guidelines and spirit under which we are an affiliate organization (i.e. not taking contrary lobbying positions). 4. We recommend that, as long as possible, the AMM offices remain in the LMC building. We feel that to move from the building would undermine much of the cooperative working relationship that exists between the staffs of the two organizations. It would also be expensive for the AMM to acquire the overhead and support services that it currently purchases from LMC. However, expansion of the AMM staff may make a move from the existing LMC building unavoidable. 5. We recommend that the AMM Board and Membership focus its agenda by refer- ring more of the non - divisive statewide issues to the LMC for lobbying on behalf of all member cities, both metropolitan and Greater Minnesota. -4- LOBBYING Legislative policy adoption and lobbying have become the major focus for the Association, growing steadily over the years. When the Association was formed in 1974, it had two standing policy committees and 35 legislative policies. Today the Association has five standing committees, and the membership has adopted over 100 legislative policies for the current biennium. In addition, several ad hoc study committees for specialized topics (i.e. land use legisla- tion, metropolitan significance rules, group homes) have been formed in the past few years. Intrusion by the legislature into local affairs has increased dramatically in recent years. At the same time, other municipal lobbying groups, most notably the Coalition of Greater Minnesota Cities, have aggressively promoted tax poli- cies that are detrimental to the collective interests of the metropolitan area. Consequently, the AMM lobbyists have been challenged to accomplish more and more at the legislature, without any significant increase in resources. Legislators with whom the Task Force met described our lobbying staff as com- petent and well respected. At the same time, the legislators admitted that the aggressive, and sometimes even abrasive tactics used by other municipal lobbying groups have probably led to more success in accomplishing their agendas. In response to these concerns, the AMM for the first time hired contract lobbyists during the 1990 session. Legislators expressed their frustration with the increasing regionalism of city lobbying groups, and urged us to show a concern for the entire State at the same time we more actively pursue the interests of the metropolitan cities. It was also suggested that having a better data base for lobbying would be helpful in pressing the AMM position. RECOMMENDATIONS 1. The AMM should seek to be seen as the organization with the authority and credibility to speak on behalf of all cities in the seven - county metropoli- tan area. 2. The AMM has become "spread too thin" in the number of policy issues it is lobbying, and needs to limit active involvement to three types of issues: a) Issues of concern only to metropolitan cities - i.e. interaction with Metropolitan Council and operating agencies, Chapter 509 Watershed Management Organizations, etc. b) Statewide legislation with unique impacts in the metropolitan area - i.e. land use, solid waste, tax increment financing, etc. c) Statewide issues where the interests of the metropolitan area may be different than, and at times even contrary to, those in the remainder of the State - i.e. local government aid formulas Specific suggestions for limiting our most active legislative agenda items to these topics are included in the section on committees and the policy adoption process. -5- 3. The AMM's lobbying efforts in the property tax area have been hindered by lack of immediate access to a computerized property tax model. The Task Force recommends that the AMM Board of Directors closely monitor the progress of the League of Minnesota Cities in developing a property tax model that is useable and immediately accessible to all cities. If this proves inadequate to meet our needs, the AMM membership should be prepared to bear the expense of developing its own property tax modeling system. 4. The AMM should be proactive, and not just reactive in its legislative posi- tions. For example, the AMM has never produced its own recommended formula for distribution of local government aids, and should consider doing so. 5. At the same time we become more proactive, we should also stay on the high road, adopting positions that reflect responsible public policy for the entire State of Minnesota. 6. AMM member city officials should become more active and involved in the League of Minnesota Cities and its policy study committees. In some cases, we may find ourselves lobbying the LMC, rather than the State legislature, to pursue particular policy positions that are of common interest to all cities in the metroplitan area. 7. The AMM should increase the amount of time it spends one -on -one with legislators explaining AMM positions. We should also hold metropolitan legislators more accountable to the AMM agenda by developing and publish- ing a "scorecard" following each legislative session. 8. In pursuing our legislative agenda, we should "pace ourselves ", realizing that lobbying is an ongoing process. Policy positions should be pursued 0 not only for immediate gains, but for maintaining a long -term positive relationship with the State government and with the League of Minnesota Cities. i -6- COMMITTEE STRUCTURE AND POLICY ADOPTION PROCESS The Association currently follows a procedure whereby potential legislative policies are brought forth and considered for adoption in the five standing policy committees (revenues, metropolitan agencies, transportation, housing and economic development, general legislation). As indicated earlier, the Associ- ation currently has over 100 adopted legislative policies. The policies have been divided into categories as to level of effort in lobbying. The AMM now finds itself actively involved in issues that are not limited in interest to the metropolitan area, even where our positions are similar to those of cities in Greater Minnesota. The best recent example is pay equity, where the AMM position is almost identical to that of the League of Minnesota Cities. Yet because of the high visibility and strong feelings surrounding this issue, many member cities expected the AMM staff to be active in lobbying on this issue. There is also the dilemma of issues that are of interest to a single city, or a limited number of cities. The AMM Board and staff have attempted to be respon- sive to the needs of each member city, but a question is raised as to whether it is fair to take time and resources away from issues that are of more importance to the broader membership. The Task Force discussed at length what to do about issues that are divisive among our own members, for example fiscal disparities or funding for combined sewer overflow abatement. A majority of the committee concluded that the AMM should not avoid taking definitive positions on these issues, as it would be left neutralized on issues of high importance to a large number of city offi- 0 vials and thereby foster the growth of still more splinter groups. ,ally, the Task Force examined the five standing policy committees, concluding t they are working well and that none should be eliminated. In fact, it was _;.'e- ulated "that as new social and legislative problems appear (i.e. the drug crisis) there will likely be a need for additional standing or ad hoc committees. The Task Force further suggests that there may be utility in having a broad - based "futures" committee to simply help the organization anticipate and be prepared for pending issues. RECOMMENDATIONS 1. The Association needs to focus most of its resources and effort on the few issues of very highest priority to the entire membership. At the same time, the AMM should not narrow its agenda to the point that it loses the interest and support of its broad base of cities. 2. In order to accommodate the legitimate interests of all member cities, we recommend that AMM create an "endorsed" category of policies. These would be policies of interest to a limited number of cities, or those where the League of Minnesota Cities or some other group might reasonably be expected to adequately represent the interests of metropolitan cities. With the AMM "endorsement ", the AMM would be officially on record as supporting these policies, but not actively involved in lobbying or initiating legislation. -7- 3. The existing Legislative Coordinating Committee (LCC) should be the "screening and dividing" group for determining lobbying priorities and deciding which policies will be "endorsed" and referred to other groups (i.e. LMC) for lobbying. 4. We recommend that the Association strive to achieve real consensus on divisive issues, and not merely concurrence through a majority vote. Committee chairs as well as Board members might benefit from professional training in dispute resolution. The AMM should not avoid taking definitive positions on issues that are controversial among its own membership. While such avoidance may "buy peace" in the short term, in the long term it neutralizes the effec- tiveness of the organization, undermining its credibility with legislators and causing the proliferation of splinter groups surrounding special issues. The AMM should make use of dispute resolution services, such as the Office of Dispute Resolution in the State Planning Agency and the Mediation Center, a private non - profit community mediation service based in St. Paul. 5. The two - thirds majority vote requirement for adoption of legislative policies should be retained. -8- OTHER METROPOLITAN LOBBYING GROUPS The Task Force met with Minnetonka City Manager Jim Miller, regarding the Muni- cipal Legislative Commission, and Brooklyn Park Mayor Jim Krautkramer repre- senting the Northern Mayors' Association. The Task Force observation is that the AMM has been able to form effective and cooperative relationships with these specialized groups, and that they should not be seen as a threat to the AMM. As indicated in the introduction, an additional splinter group which existed in 1984, the Municipal Caucus, has since gone out of existence. RECOMMENDATIONS 1. We recommend that the AMM strive to be the organization seen as the legiti- mate voice to speak on behalf of all cities in the seven - county metropoli- tan area, while recognizing the legitimate need of some breakoff groups for special purposes. 2. The AMM should not perceive existing specialized groups as a threat, but attempt to maintain a cooperative and mutually supportive relationship. 3. We recommend that the AMM maintain its openness to all cities in the seven - county metropolitan area, resisting any impetus to limit membership to a more limited group (i.e. suburban caucus). -9- RELATIONSHIP TO THE METROPOLITAN COUNCIL AND OPERATING AGENCIES As indicated in the Introduction, monitoring and oversight of the Metropolitan Council and regional operating agencies was the original focus of the Association of Metropolitan Municipalities. Yet in recent years, involvement with the Council and agencies has suffered appreciably as the AMM staff has had to spend more and more time supporting the work of its own committees and lobbying on statewide issues. In fact, the staff indicated that it now has almost no time for any involvement with the Metropolitan Council during the legislative session. The AMM currently nominates to the Metropolitan Council eight names for appoint- ment to the Transportation Advisory Board. The Association actually appoints ten to the Transportation Advisory Committee. That system seems to be working well. In contrast, the AMM, along with several other metropolitan area asso- ciations, was recently given legislative responsibility for suggesting appoin- tees to the Regional Transit Board. That process did not go well. The Board of Directors did not limit the number of people recommended for appointment to the vacant seats, and the Metropolitan Council heeded very few of its recommen- dations in making their selections. During its background work, the Task Force discussed the Metropolitan Council at some length with several legislators, as well as the current Chair of the Metropolitan Council and a former executive director of the Citizens League. There was a general feeling among the legislators that the Council has not been effective in performing its functions well. At the same time, it was suggested that the Councilmembers are frustrated due to their lack of a "real clout" and constant legislative undercutting of their authority to accomplish the work for which they are responsible. With no consensus in the legislature or in the metropolitan area as to the appropriate amount of authority that should be vested in the Council, many metropolitan regional issues get resolved vis -a -vis the political process of the legislature. The shortcoming of this approach is that the metropolitan area is giving up some of the authority to set its own agenda. There is also some con- fusion and ambiguity over the relationship of the Council to the Governor, who is responsible by law for appointing its members. It was suggested that the AMM could very definitely be of help in defining the proper role for the Council and she operating agencies, and in mustering legislative support to enact needed changes. RECOMMENDATIONS 1. The AMM should become more proactive in helping set the metropolitan agenda. Historically we have placed ourselves in somewhat of a watchdog or adver- sarial role with the Council and operating agencies, merely reacting to the proposals put forward. We should become more positive in identifying areas of legitimate regional involvement, and help to set the goals and objec- tives to be pursued by regional government, as well as the parameters within which that work will be carried out. 2. We need to "be there ". It is estimated that an AMM staff member should be at the Metropolitan Council and agencies from eight to sixteen hours per - 10 - week, interacting with the Councilmembers and the staff, and keeping affected cities informed and up -to -date as to what is happening in regional government. Other responsibilities have kept the staff from a full commitment to this vital role, and this shortcoming should be corrected expeditiously. 3. The appointment of members to the Transportation Advisory Board and Technical Advisory Committee seems to be functioning well, and should continue as present. 4. The AMM should continue to support its legislative responsibility to nomi- nate persons for appointment to the Regional Transit Board. The AMM Board of Directors should do a better job of screening the applications which are received, so as to indicate to the Metropolitan Council those people that it truly wants appointed to the RTB. 5. The Task Force recommends that the AMM pursue the possibility of the creation of a metropolitan appointments review committee for the merit review of persons being considered for appointment to the'Metropolitan Council and other regional agencies. The selection board would include representatives appointed by the Association of Metropolitan Municipalities, the Metropolitan Intercounty Association, the Citizens League, the League of Women Voters, etc. 6. Finally, the Task Force recommends that the AMM be the impetus for creation of a blue ribbon committee to study and better define the mission, role and purposes of the Council and regional agencies. While AMM would be the host, it would be important to involve other government associations and "good government" groups. Also, the the task should be approached in a spirit of cooperation with the Metropolitan Council members. The study of the blue ribbon committee should include alternatives for the selection and appointment of Metropolitan Council members. - 11 - PUBLIC RELATIONS If, as suggested in the revised Purposes statement, the AMM is to be the exclusive representative of the collective interests of the metropolitan cities, then it is important that the Association increase its visibility in the eyes of the legislature and the general public. The Task Force reviewed and endorsed the work of the AMM's Legislative Coordinating Committee Public Relations Subcommittee to establish a public relations system to inform the public, including media, legislators, and AMM legislative contacts about metropolitan city issues. RECOMMENDATIONS 1. Media contacts should be identified in each AMM - member city vis -a -vis a legislative contact response form. Legislative contacts in each city should be responsible for interaction with local newspapers, radio, city newsletters, cable television, etc. 2. The AMM staff should identify and establish relationships with contacts within the major metropolitan area media, both print and electronic. 3. A delegation of the AMM staff and Legislative Coordinating Committee should meet with major newspaper staffs early in legislative sessions to discuss AMM priorities and positions. Media contacts, both local and metropolitan wide, should be invited and encouraged to attend our legislative breakfasts. 4. During legislative sessions, we should issue specific press releases on AMM priori -ties, and response to important issues (i.e. tax policy) as changes are proposed. 5. At the conclusion of each legislative session, we should issue press releases on the AMM's legislative agenda, and how well we believe the legislature met the needs of metropolitan area municipalities. 6. We recommend that AMM develop a "report card" of priority issues with ratings for each legislator. These should be distributed to member cities with suggestions for potential local use. 7. We need to identify potential allies on important issues, i.e. Chambers of Commerce, League of Women Voters, etc. - 12 - COMMUNICATIONS WITH MEMBER CITY OFFICIALS The Task Force feels that the AMM needs to develop a metropolitan "conscious- ness" among member city officials, so that they will buy into and promote the AMM's agenda. Unfortunately, Councilmember time is scarce, making it difficult to insure that each and every member city official is well - informed and aware of AMM activities, policies and priorities. The first recommendation of the 1984 Task Force report was that the AMM should expand its effort to communicate directly with all elected officials in member cities, as opposed to only mayors and city managers. Since that time, the AMM has had differing distribution lists for different types of communications. Apparently, this is causing a great deal of confusion, and may actually be causing a decrease in consistent communications. RECOMMENDATIONS 1. The AMM should strive to publish a short executive summary of legislative positions that could be quickly read by member city officials who don't want the "full shot ". 2. An AMM contact person, preferably the City Manager /Administrator, should be developed in each city. All communications should be sent to that one con- tact person, plus the Mayor, with the contact person taking responsibility for seeing that the material is duplicated and sent to all members of the governing body. The AMM contact person will also be responsible for reporting on AMM activities at the Council meeting. AMM should work with the Metropolitan Area Managers Association (MAMA) to enlist the support of Managers /Administrators for reproduction and distribution of these communications. 3. Member cities should be encouraged to place discussion of AMM policies and issues on regular City Council agendas to ensure that all elected officials are kept aware of AMM activities, as well as to increase the Association's visibility with local media. 4. Each member of the AMM Board of Directors should commit to make a brief presentation at four or five surrounding City Council meetings once each year on AMM policies and activities. - 13 - WORKLOAD AND STAFFING When originally formed, the AMM had four full -time staff members. Shortly thereafter, in response to a financial shortfall, the staff was cut to three and has remained at that number since. During that time, the number of legislative policies has increased from 35 to over 100, and the number of legislative study committees from two to five. The Association has taken on other responsibilities including the license and permit survey, and coordination and administration of the Metropolitan Salary Survey. With more time being spent on lobbying of statewide issues and support for committees, there has been a decided time shift away from interaction with the Metropolitan Council and operating agencies. Yet the AMM is the only organiza- tion providing any real oversight of these agencies. For example, we are usually the only commentor on the Metropolitan Council's annual work program and budget. The AMM Membership has come to expect more involvement by the Association, not only in metropolitan issues, but in tax policy, pay equity, tax increment financing, and other areas of statewide concern and involvement. The 1984 Mission and Membership Services Task Force report recommended very strongly that the Board of Directors seek ways to add a staff member. Yet this is the only one of the 1984 recommendations that has yet to be implemented. To quote that report, "the present staff simply cannot adequately cover all the critical issues, agencies, committees and the legislature." The present Task Force report, if ultimately adopted and implemented by the Board and membership, will only serve to increase the workload significantly. RECOMMENDATIONS 1. The Task Force strongly recommends that the Board of Directors add a staff person. We further recommend that this person have responsibilities in: a. communicating with member cities and maintaining the legislative contact system b. public relations, including media contacts c. staffing some of the standing and ad hoc legislative committees d. some monitoring f Metropolitan Council and a enc activities 0 o 9 agency particularly during the legislative session. 2. With regard to lobbying at the Capitol, the Task Force observes that this effort will fluctuate from time to time. Therefore, it is recommended that increased efforts in this area be handled through use of contract lobbyists. 14 - DUES The membership dues for the Association are currently set at 46 percent of a member's dues for the League of Minnesota Cities. Since the League dues are set in part on a per capita basis, this works out to AMM dues ranging from a high of 30 cents per capita for Woodland to a low of 4 cents for Minneapolis. The dues for an average sized city of 30,000 population are $5,100, or about 17 cents per capita. Compared to other city lobbying organizations, the AMM is a bargain! For example, the Coalition of Greater Minnesota Cities charges its members 40 cents per capita, plus from time to time, an additional 20 cents per capita for "special projects ". Dues for the Municipal Legislative Commission are approxi- mately 35 cents per capita, to a maximum of $12,500. If the AMM Board of Directors and membership are to implement our recommendation to add a staff person, a dues increase beyond the rate of inflation is inevi- table. In addition, the cost of developing the computerized property tax model, if determined necessary, will be a considerable initial expense, and require ongoing personnel and data gathering costs. RECOMMENDATION In order to implement the other recommendations in this report, the AMM Board of Directors and membership should be prepared to adopt a dues increase in the range of 20 to 25 percent above the rate of inflation. The Board may wish to look at ways of phasing the dues increase over a two to three year period. 2. The Board and membership should also be prepared to provide financial sup- port for development and maintenance of a property tax modeling system, if the LMC system fails to materialize or is determined inadequate to meet the lobbying needs of the AMM. - 15 - SUMMARY AND CONCLUSIONS The Association of Metropolitan Municipalities is now in its 16th year. During its relatively short existence, the Association has experienced many diffi -- culties and challenges. Examples include the 1976 Metropolitan Land Planning Act and the more recent debates over local government aid. Despite predictions for the demise for general purpose organizations like the Association, the AMM is now at an all -time high of 68 member cities, repre- senting over 90 percent of the population in the seven - county metropolitan area. The cities of the region apparently believe that they are getting a good value for their membership dollars. However, despite the successes of the past, the twelve members of this years Mission and Membership Services Task Force have concluded that this is no time to rest on our laurels. We face challenges from other city lobbying groups whose interests are contrary to those of the metropolitan area, as well as a generally hostile attitude by the State legislature toward cities. At the same time, the complexity of governing the metropolitan area is increasing geometri- cally, meaning that it is more important than ever to work together if we are to effectively serve the citizens of our respective communities. The Task Force concludes that in order to remain viable and relevant, the AMM must become more proactive, more collaborative, more focused and more assertive. The AMM provides the only meaningful vehicle for the cities of the metropoli- tan area to express in a united voice the important perspective of local govern- ment. The issues at stake are simply too important to abandon the playing field and leave all the important decisions to others. The Association was originally formed out of several metropolitan area splinter groups who had originally felt that they had little in common, but came to realize that the things they did have in common were far more than those that divided them. The challenges of today are certainly no less than those that faced our cities in the past. Our test will be whether we can continue to be an effective voice for the collective interests of the cities in this metropolitan area, and to pass that test will require two things: 1. A renewed ability and commitment to come together through our com- mittees and 19- member Board of Directors to reach a consensus on the critical issues that face us. 2. The ability to effectively, and with a united front, promote the policies we do adopt to the Governor, the legislature, the Metropolitan Council and the regional operating agencies. The Mission and Membership Services Committee feels that the recommendations set forth in this report will set us well on a course to accomplishing just that. We commend it for your consideration and thoughtful action. - 16 - APPENDIX A PURPOSES The purpose of the Association of Metropolitan Municipalities shall be to: 1. Serve as the exclusive and primary representative of the collective interests of all metropolitan cities on metropolitan wide issues and state wide issues with unique metropolitan significance. 2. Promote collaborative problem solving efforts between and among cities, the State, the Legislature, private interests and other public interests. - 3. Effectively express in a unified voice, policies concerning the structure, powers and other matters relating to municipal government for the municipalities in the metropolitan area to the Legislature, Metropolitan Council and agencies, LMC, media and cities. 4. Serve as a forum through which all municipalities or groups of municipalities may develop and propose policies and positions on matters on concern to the metropolitan municipalities and develop strategies for advocating those policies and positions. 5. Serve as a forum for the interchange of ideas and information among municipalities in the metropolitan area and to foster intermunicipal cooperation. 6. Assist member cities resolve disputes with other cities and agencies. 7. Develop and provide, either alone or in concert with League of Minnesota Cities or other organizations or agencies, programs of technical assistance to member municipalities. Establish specific prioritized agenda, including Legislative proposals to address member community needs. 9. Foster, generate and promote information and data concerning the P proposed problems and issues and ro osed solutions affecting municipal government in the metropolitan area to the State Legislature, in particular, and to the public at large. 10. Enhance the effectiveness of municipal government in the metropolitan area by holding conferences and by fostering pertinent research projects. 11. Coordinate the efforts of AMM members to promote their interests within the League of Minnesota Cities. 12. Enhance the quality of life in the metropolitan area and its cities by promoting efficient and progressive service delivery systems for our residents. APPENDIX B List of resource persons who consulted with the Task Force: Vern Peterson, Executive Director, Association of Metropolitan Municipalities Roger Peterson, Director of Legislative Affairs, Association of Metropolitan Municipalities Donald Slater, Executive Director, League of Minnesota Cities Jim Miller, Minnetonka City Manager and Representative of Municipal Legislative Commission Jim Krautkramer, Brooklyn Park Mayor, President of Northern Mayors' Association Millie McCloud, President, League of Minnesota Cities State Representative Phil Carruthers (DFL -47B), Chair of Metro Affairs Subcommittee of House Local Government and Metropolitan Affairs Committee State Representative Alice Johnson (DFL -51A), Vice Chair of House Local Government and Metropolitan Affairs Committee Al Loehr, Legislative Administrative Assistant to Senator Bob Schmitz (DFL -36), Chair of Senate Local and urban Affairs Committee Steve Keefe, Chair, Metropolitan Council of the Twin Cities Ted Kolderie, Former Executive Director, Citizens League of the Twin Cities CITY OF BROOKLYN CENTER Council Meeting Date AS 9r /Agenda hem Number - A : REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION TRANSFERRING FUNDS FROM THE DOMESTIC ABUSE PROGRAM, ACCOUNT 4428, TO POLICE PART -TIME SALARIES, ACCOUNT 4130 AND AUTHORIZING THE INSTITUTION OF A SIX MONTH ADMINISTRATIVE INTERN IN THE POLICE DEPARTMENT DEPT. APPROVAL: Signature - Y - James Undsay, Chief of Police * * * *`* *CIF * * * * * * * * * * * *Ik* MANAGER'S R /RECOMMENDA ON: No comments to supplement this report Comments below /attached • SUMMARY E(PLANATION: (supplemental sheets attached yes ) Recently Anne Marshall, Director of Brooklyn Center's Domestic Abuse Program notified the department she would like to leave the program as soon as possible. She has placed her home for sale. She has cited these reasons for the decision: 1) She will be seventy years young in October; and 2) She would like to be able to speak out on domestic abuse issues on the state level as an individual. Anne believes some of the things she wants to say should not be tied to Brooklyn Center. She states the rest of the state is ten years behind us. She believes many would misunderstand and accuse her of tooting her own horn as to how good her Brooklyn Center program is. She has 1 a ready been accused of this. Anne has agreed to assist the department as an advisor for our domestic abuse program. Minnesota Program Development, Inc. (MPDI) has also notified us their funding for Brooklyn Center will stop after June of 1990. Minnesota Program Development, Inc. fully funded the first two years in 1982 and 1983. Since then they have provided approximately one -third of Brooklyn Center ro ram costs. Th p g e reason iven for cutting he funds is the are operating g g Y P g in the red. The have provided over They p $10,000.00 annually to Brooklyn Center. Knowing Anne may not be available for too much longer, the department requested a new position in the 1990 budget. This position was named Social Coordinator SSC . The SS C would be in h ( charge e of all the social rams service programs g P g of the department. ent. Thi s would include the Telephone P Assurancc Program, Senior Citizen Call -Back Program and the Domestic Abuse Program. The SSC would institute a child abuse advocacy program. Currently, the department has an Administrative Assistant who was proposed to fill that position. The Assistant has started research to establish the child abuse program by late summer of 1990. The Administrative Assistant, Rochelle Kohagen, is well qualified for this position. She has a Bachelor's Degree in Psychology and Sociology with a Criminal Justice Specialization from the University of Minnesota and a Master's Degree in Psychology from the College of St. Thomas. I believe we are fortunate to have an in -house person available to continue the domestic abuse program. The advocate provides a number of services required by state statute that would otherwise tie up the officer's time providing the service. I propose Kohagen take over the domestic abuse program. Her salary range would remain the same. In addition, Kohagen would take charge of the civilian programs stated previously. The position description for the SSC is attached. Currently, the department has an Administrative Services Manager whose duties include supervision of the clerical personnel in the police department, coordination of the paperwork flow in the police department, administration of liquor licenses, time sheets, and develop and maintain administration confidential files. I propose to combine the duties from the Administrative Services Manager and the Administrative Assistant; then take the supervision and other administrative management duties to create an Administrative Police Coordinator. This position will have supervision of the clerical personnel in the department and will be responsible for the paperwork flow. The position will also be responsible for projects such as the annual report and the administration of liquor license applications. I then propose to add an Administrative Aide to perform the more clerical administrative duties such as the time sheets, correspondence, compiling minutes of meetings and duties similar to the Administrative Aide in the City Manager's Office. If we do not have a program in place when Anne leaves, we could have a gap in service to the victims. As this has been a successful program for quite some time, this would be a real step backward. Also, domestic abuse type calls would tie up the officers time for a longer period of time. The original concept of the domestic abuse program involving advocates was to get the system to talk to and respond to the different components. This has been reached. The various components meet regularly and talk amongst themselves. These components include the officer on the street, police administration, advocates, probation officers, probation administration, judges, prosecution, consultants, et cetera. Minnesota Program Development, Inc. had planned to notify us originally of leaving Brooklyn Center in 1991. Ellen Pence, the Director of Minnesota Program Development, Inc. brought Kohagen to Duluth for a week's hands -on training at no cost to Brooklyn Center. Pence also offered to come to Brooklyn Center to assist in whatever way she can. Pence is considered a leading authority on domestic abuse. She is in demand to establish programs in other parts of the country. She has made training videos and intends to use Brooklyn Center personnel in their presentation. She is currently in Vancouver, British Columbia and recently returned from New Zealand organizing domestic abuse programs. I It is expected to cost an additional twenty to thirty thousand dollars ($20- 30,000.00) a year for Brooklyn Center to administer the domestic abuse program. With this in • mind and after discussions with the City Manager, I would like to recommend the establishment of a six-month internship to perform some of the duties assigned to the Administrative Assistant. The Administrative Assistant then, would take over the domestic abuse program effective July 1, 1990. The other more technical duties of the Administrative Assistant would be spread out among the police administrative staff. The purpose of the internship would be to allow the above - stated proposal to be considered along with t all the other staffing needs in the 1991 budget preparation. g g g The internship would automatically terminate at the end of 1990. It is anticipated that the internship costs, including salary and benefits, would be somewhere between thirteen and fifteen thousand dollars ($13- 15,000.00) for the remainder of the year. At least some of these monies would be available from existing alaries in the police g P budget. We will also have the remaining six months of the monies in account 4428 for the domestic abuse program left. The year's budget is $21,500.00, so one -half year would be $10,750.00. This money would be transferred into the police labor account. The City Manager has indicated any difference will be covered from contingency funds in December. RECOMMENDATION: That the City Council approve the resolution transferring funds from the domestic • abuse program, account 4428, to the police part -time employee salaries, account 4130 and authorizing the institution of a six month Administrative Intern in the police department. • Member introduced the following resolution and moved its -< adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1990 GENERAL FUND BUDGET TO TRANSFER AN APPROPRIATION FROM THE POLICE DEPARTMENT DOMESTIC INTERVENTION PROGRAM TO THE POLICE PART -TIME SALARIES ACCOUNT AND TO AUTHORIZE A POLICE ADMINISTRATIVE INTERN POSITION -------------------------------------------------------- WHEREAS, Section 7.08 of the City Charter does provide for the transfer of unencumbered appropriation balances from one department to another within the same fund; and WHEREAS, the Director of Brooklyn Center's Domestic Intervention Program has notified the City that her contractual services for the program will end prior to July 1, 1990; and WHEREAS, the City Council desires to continue the Domestic Intervention Program; and WHEREAS, the City Manager and the Chief of Police have recommended that the program be continued from July 1, 1990 through December 31, 1990 under the direction of the Police Administrative Assistant; and WHEREAS, they have also recommended that some of the Administrative Assistant's duties can be performed by a temporary Administrative Intern; and - WHEREAS, the sum of $10,750, or one -half of the annual budget for the Domestic Intervention Program, has not been expended. 9 P NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to amend the 1990 General Fund Budget as follows: Increase the Appropriations for the following line items: Police Department Salaries, Part -time Employees $10,750 Decrease the Appropriations for the following line items: Police Department Domestic Intervention Contractual Services $10,750 BE IT FURTHER RESOLVED that the City Manager be authorized to hire a temporary Police Administrative Intern position for the period from July 1, 1990 through December 31, 1990 at a competitive rate of pay; and BE IT FURTHER RESOLVED that any costs attributable to the position over and above the $10,750 appropriation be funded from within the Police Department budget. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 6/25/90 Agenda Item Number / a- � REQUEST FOR COUNCIL CONSIDERATION . *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: Consideration of Specified Licenses DEPARTMENT APP A Signature - title Director of Planning and Inspection MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached X ) On the City Council's June 25, 1990 agenda are two rental dwelling licenses that are set on for special consideration. • 1. 5500 Bryant Avenue North - On September 25, 1989 the City Council considered a recommendation to deny the renewal of Mr. Herbert Zwirn's rental dwelling license to operate this rental dwelling. The reason for this recommendation was that the owner of the complex was not maintaining it consistent with the minimum standards contained in the Housing Maintenance and Occupancy Ordinance. The Council adopted Resolution No. 89 -198 on October 9, 1989 denying the license for this complex (see the Request for Council Consideration for 9 -25 -89 and Resolution No. 89 -198 attached). The owner of the property chose not to bring the complex into compliance in order for the rental license to be reinstated and instead walked away from the property. The building eventually was vacated and, following foreclosure proceedings, has been sold. The current owners are Jagdish Trivedi and Bruce Kruger who have undertaken the necessary repairs to the property in order that the license may be issued. Recommendation The property has been inspected and it is recommended that the City • Council grant the rental dwelling license for 5500 Bryant Avenue North through June 30, 1991. SUMMARY EXPLANATION • Page 2 June 25, 1990 2. 4010 65th Avenue North - This rental dwelling has a lot of history behind it even though it has only been in existence since 1983. The building was built and licensed by Mr. Joe Hamm as a three -unit building based on a land area requirement of 3,600 sq. ft. per dwelling unit. A fourth dwelling unit was illegally established by Hamm in an area originally designated as a recreation room. The City Council, on June 22, 1987 unanimously denied the renewal of the rental dwelling license for Mr. Hamm because he had been renting four dwelling units in a building which had been approved and licensed as only a three unit building and only had enough land area to meet the Zoning Ordinance density requirements for a three - unit building. As a result of the license denial, Mr. Hamm was not allowed to re -rent any vacant units until the license had been reinstated by the City Council. (See copy of the 6/22/87 City Council Minutes relating to this matter attached). Hamm later sold the building to Mr. Joe Maas who proceeded to attempt to acquire the necessary land area from an adjoining property so that the building could legally become a four -unit • building. In fact, Maas received City Council approval of both a preliminary and final plat to transfer such land area to the Maas property. He also had received approval to expand a parking lot and make other modifications to the building once the plat was filed. The plat was never released to Maas for filing because some judgments relating to the property had not been satisfied. Maas wanted, however, in the interim to have the rental license reinstated for a three -unit building so that he could rent out the three units in the building. The City Council on August 8, 1988 approved the reissuance of the license until May 31, 1989 with the understanding that the fourth unit be posted "Not Licensed for Occupancy" until all the platting requirements and requirements for occupancy were met and the City Council issued a new rental license for a four -unit apartment complex at that address. (See copy of of the 8/8/88 City Council minutes relating to this matter, attached). The plat never was filed, changes were never made to the property and Mr. Maas apparently ran into financial problems and did not seek to have the rental license renewed on May 31, 1989. The license subsequently expired on May 31, 1989 and was never reinstated; utilities were shut off for lack of payment; the building eventually was vacated and posted "Not • Licensed for Occupancy ". Maas eventually lost the SUMMARY EXPLANATION Page 3 June 25, 1990 building through foreclosure to HUD. It has now been sold to Ivan H. and Hazel A. Vetterick who are seeking a license to operate the building as a three -unit building. They have been made aware of the restricted use of the recreation room and have been encouraged to seek the additional land area necessary for the building to be a legal four plex. Recommendation The property has been inspected and is compliance with the standards contained in the Housing Maintenance and Occupancy Ordinance. It is recommended that the City Council grant the rental license through May 31, 1991 to Ivan H. and Hazel A. Vetterick to operate the rental dwelling at 4010 65th Avenue North with the understanding that the fourth unit be posted "Not Licensed for Occupancy" until the necessary land area can be attached to this property in order for it to become a proper four -unit apartment complex. The building owners should acknowledge, in writing, the fact that this building may be operated only as a three -unit building. CITY OF SRCOKLYN CENTER Councd Meeting Cate 9 -25 -89 Agenda Item Number 11 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Consideration to Deny the Renewal of the Rental Dwelling License for 5500 Bryant Avenue North DEPT. APPROV _ Signature - title Di rector of anrn ng and Inspection MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached X The City Council is being requested to give special consideration to the rental dwelling license for the four plex located at 5500 Bryant Avenue North, owned by Mr. Herbert Zwirn. The license for this property expired on June 30, 1989. Attached are copies of reports and memos I have received from the Building Official, the Fire Chief, the Public Health Sanitarian and the Housing Inspector relating to the maintenance and upkeep of the property in question. The Building Official notes that the property has not been maintained consistent with the minimum housing quality standards of the Section 8 Rent Assistance Program nor with the community standards contained in the City's Housing Maintenance and Occupancy Ordinance. He adds that the property has been a constant enforcement problem and the owner does not seem able to properly maintain and manage the property. The Fire Chief reports that there are current fire code violations relating to: no lighting in the stairway (or common) areas; fire extinguishers not in place and not being properly maintained; stairwells regularly not being kept free of trash and stored materials; and fire doors not closing properly in accordance with the fire code. The chief also notes these are reoccurring violations and that it has been an ongoing problem to get Mr. Zwirn to comply in a timely manner with written orders given to him regarding correcting these fire code violations. On page 2 of the Housing Inspector's report, there is a list of 12 separate housing maintenance ordinance violations for which the Housing Inspector has sent written compliance orders. These items have still not been corrected after several notices to the owner of the property. The Housing Inspector also reports that the owner has not cooperated in trying to correct the ordinance violations and has informed him that he is not going to do anything to his property. Due to this lack of compliance With the Housing Maintenance and Occupancy Ordinance and Mr. Zwirn's lack of cooperation in trying to correct these problems, the Housing Inspector also' recommends denial of the rental dwelling license. Summary Explanation Page 2 September 25, 1989 As previously noted, the rental license expired on June 30, 1989. Mr. Zwirn had not responded to the notices for license renewal until after his building was posted "Not Licensed for Occupancy ". Once he did respond, the license renewal inspections commenced. The reason we have not brought this to the City Council's attention sooner is that we were giving Mr. Zwirn the time and opportunity to respond to the compliance orders which were sent to him. He has not complied with these orders and, therefore, we are requesting special consideration of his license renewal. Section 12 -905 of the Housing Maintenance and Occupancy Ordinance (attached) relating to rental dwelling licenses states: "No operating license shall be issued or renewed unless the rental dwelling and its premises conform to the ordinances of Brooklyn Center and the laws of the State of Minnesota." I believe Mr. Zwirn has shown, as evidenced by the reports of the Building Official, Fire Chief, Sanitarian and Housing Inspector, that he is either unwilling or unable to maintain his property in accordance with the ordinances of the City of Brooklyn Center or the laws of the State of Minnesota and, therefore, should not be entitled to the renewal of his rental dwelling license unless and until he brings the dwelling into compliance with these regulations or can show to the City Council that he will in the future comply with all of these regulations. Section 23 -006 of the City ordinances (attached) which relates to general licensing regulations indicates that the City Council may suspend or revoke any license for any of four reasons: 1. False statements regarding his license application; 2. Violations or failure to comply with related ordinance provisions, statutes, or legal directives; 3. Failure to correct or remove ordinance violations within a reasonable time after notice; 4. If continuation of the license is a threat to public peace, health, safety or welfare. I am not aware that Mr. Zwirn has made any false statements in his license application, however, he is, in my opinion, definitely at odds with the other three standards for license issuance. He has violated, or failed to comply with ordinances, statutes or legal directives as evidenced by the various attached reports. He has failed to correct or remove ordinance violations within a reasonable period of time after notice to do so. I also believe if he continues to operate his rental dwelling in the manner he has been, that this constitutes a substantial threat to the public peace, health, safety or welfare because the property will continue to deteriorate and may eventually have a blighting affect on the neighborhood or area. It is for these reasons that I recommend that the rental dwelling license for 5500 Bryant Avenue North not be renewed and be suspended until the owner, Mr. Herbert Zwirn, brings the building into compliance with the City's Housing Maintenance and Occupancy Ordinance and the Fire Code. i Summary Explanation Page 3 September 25, 1989 If the Council concurs with this recommendation and decides not to renew this license, it will be unlawful for Mr. Zwirn, or his designated agent, to permit any new occupancies of vacant or thereafter vacated rental units until such time as a valid operating license may be restored by the City Council. Mr. Zwirn has been notified of my attention to recommend disapproval of his rental license renewal and his right to appear before the City Council in support of his application (see attached notice) . This notice was mailed to him at the address we have on file, was served by the Code Enforcement Officer and accepted by his father at his parents' home, and also, was posted at both entrances to the building at 5500 Bryant Avenue North by the Housing Inspector. I expect Mr. Zwirn to appear before the City Council on his behalf. Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION N0. 89 -198 RESOLUTION DENYING THE RENTAL DWELLING LICENSE FOR 5500 BRYANT AVENUE NORTH WHEREAS, the City of Brooklyn Center has adopted a Housing Maintenance and Occuapncy Ordinance (Chapter 12 of the City ordinances) setting forth minimum standards for the maintenance of all buildings used in whole, or in part, as a home or residence, or as an accessory structure thereto and the premises upon which such structures are placed; and WHEREAS, Section 12 -901 of said ordinance requires a person to obtain a license from the City of Brooklyn Center to operate a rental dwelling within the City of Brooklyn Center, said operating license to be renewed biennially following the initial licensing period; and WHEREAS, Section 12 -905 of said ordinance states: "No operating license shall be issued or renewed unless the rental dwelling and its premises conform to the ordinances ces of Brooklyn y Center and the laws of the State of Minnesota; and WHEREAS, Mr. Herbert A. Zwirn, Jr., 3084 Mildred Drive, Roseville, Minnesota, is the owner of record and operator of a rental dwelling complex containing four dwelling units at 5500 Bryant Avenue North in Brooklyn Center; and j WHEREAS, Mr. Zwirn's rental dwelling license to operate said rental dwelling expired on June 30, 1989; and WHEREAS, said rental dwelling has been inspected pursuant to the requirements of the Housing Maintenance and Occupancy Ordinance regarding the renewal of the rental dwelling license; and WHEREAS, the Fire Chief, the Building Official, the Public Health Sanitarian and the Housing Inspector have reported their findings based on inspections of the property to the Director of Planning and Inspection; and WHEREAS, the Director of Planning and Inspection pursuant to Section 23- 003 of the City Ordinances has recommended in writing to the City Council that the rental dwelling license for 5500 Bryant Avenue North be disapproved based on the fact that the rental dwelling and its premises do not conform to the ordinances of Brooklyn Center and the laws of the State of Minnesota; and WHEREAS, pursuant to Section 23 -004 of the City ordinances, the Director of Planning and Inspection, in a notice sent on September 19, 1989, informed Mr. Zwirn of the following: 1. The nature of his recommendation to disapprove the rental dwelling license renewal; 2. That the City Council would consider Mr. Zwirn's rental dwelling license renewal on Monday, September 25, 1989 in the Brooklyn Center City Council Chambers at approximately 7 :45 p.m.; 3• That Mr. Zwirn had the right to appear before the City Council in support of his license application; and RESOLUTION NO. 89 -198 WHEREAS, Mr. Zwirn did not appear before the City Council on September 25, 1989 or October 9, 1989; and WHEREAS a neighboring oring resident appeared before the City Council on October 9, 1989 to express concern regarding continual maintenance problems at 5500 Bryant Avenue North and the negative effect this has on the neighborhood; and WHEREAS, the City Council of the City of Brooklyn Center considered Mr. Zwirn's rental dwelling license renewal and the reports and recommendations of the Director of Planning and Inspection on September 25, 1989 and October 9, 1989. -NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to make the following findings: 1. That the ordinance provisions regarding the consideration of the renewal of the rental dwelling license for Mr. Herbert A. Zwirn, Jr. to operate a rental dwelling at 5500 Bryant Avenue North have been met. 2. That Mr. Zwirn has been given the ordinance required notice and opportunity to appear before the City Council in support of his license renewal. 3. That the City Council has received the reports of the Director of Planning and Inspection dated September 25, 1989 recommending disapproval of the license renewal and the reports of the Fire Chief dated September 14, 1989, Building Official dated September 5, 1989, Public Health Sanitarian dated September 8, 1989 and the Housing _Inspector dated August 23, 1989 relating to the compliance of this rental dwelling with the provisions of the Housing Maintenance and Occupancy Ordinance. 4. That the City Council concludes that the rental dwelling at 5500 Bryant Avenue North is not in compliance with the City's Housing Maintenance and Occupancy Ordinance in the manner set forth in said reports. 5. That Mr. Zwirn has violated, or failed to comply with ordinances, statutes or legal directives regarding the operation of the rental dwelling at 5500 Bryant Avenue North. 6. That Mr. Zwirn has failed to correct or remove ordinance violations within a reasonable period of time after notice to do so. 7. That Mr. Zwirn has shown that he is unwilling or unable to maintain a rental dwelling in accordance with the minimum standards outlined in the City's Housing Maintenance and Occupancy Ordinance. 8. That the continued operation of said rental dwelling in the manner outlined above, constitutes a substantial threat to the public peace, health, safety or welfare. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that the rental dwelling license renewal requested by Herbert A. Zwirn, Jr. to operate the rental dwelling at 5500 Bryant Avenue North is hereby denied and that it shall be unlawful for Mr. Zwirn, or his duly authorized agent, to permit any new occupancies of vacant or hereafter vacated rental units until such time as a valid operating license may be restored by the City Council of the City of Brooklyn Center. RESOLUTION NO. 89 - 198 October 9, 1989 Date 2h -2 Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen , and upon vote being aken thereon the following voted g g of d in favor thereof: Dean Nyquist, Celia Scott, Todd Paulson, and Philip Cohen; and the following voted against ainst th g e same: none, whereupon said resolution was declared duly passed and adopted. 5. The applicant shall obtain a food establishment license as determined by the Sanitarian prior to the issuance of the special use permit. 6. The applicant shall comply with all code requirements pertaining to exiting, etc. in the Building Inspector's memo of June 9, 1987, prior to issuance of the special use permit. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 7:53 p.m. and reconvened at 8:09 p.m. CONSIDERATION TO DENY THE RENEWAL OF THE RENTAL DWELLING LICENSE FOR 4010 65TH AVENUE NORTH The Director of Planning & Inspection stated staff is recommending denial of the renewal of this rental dwelling license for noncompliance with the ordinances. He stated in 1982, under Planning Commission Applic�ic. ion No. 82044, the City Council approved a three unit building for this address. He stated the building permit was issued for a three -plex with a combination laundry, utility, storage /recreation area for the remaining floor area. He noted at the time of completion the building inspector had some concerns a fourth unit could easily be installed in this extra space. He went on to briefly review his memorandum and the events which have led up to the staff recommendation. He stated at the time of renewal this spring it was noted there were four mail boxes for the building, four phone numbers, and other tenants have stated there are four occupant spaces being rented. The Director of Planning & Inspection went on to address the letter received from Mr. Fudali, attorney for Mr. Hamm. He stated the issue is not whether the building is a three unit or four unit building. He noted Council approved the building as a three -plex and has licensed it as such since 1983. He noted Mr. Hamm was advised and well aware of the conditions and consequences if the building were rented as more than a three -plex. He noted Mr. Fudali makes some references to a variance and added a variance could only be approved if the four standards for granting a variance are met. The Director of Planning & Inspection stated staff recommends Mr. Hamm try to acquire additional land adjacent to his property which would permit him to rent the buildings as a four - plex. Councilmember Theis inquired what provisions are made by denying the renewal of the license or revocation. The Director of Planning & Inspection stated the owner cannot rent any vacant apartments until a license has been renewed or reinstated. Mayor Nyquist recognized Joe Hamm who stated he does not understand why he cannot rent the lower half of the building as two units. He stated he has never had more than three people living in the lower half of the building at one time. He stated the Planning & Inspection department was aware he was renting his building this way, and he notified the department and no one ever came to look at it. Mayor Nyquist stated he is very concerned with Mr. Hamm's apparent lack 6 -22 -87 _6_ S _ of integrity and the fact he is contradicting the facts which his attorney stated. Mr. Hamm stated he does have four tenants living in the building but only three leases Have been signed. He stated the third lease is signed jointly by the two tenants from the lower units. Councilmember Lhotka inquired what form of notification Mr. Hamm used for informing the Planning & Inspection department. Mr. Hamm stated the building inspector called to ask him how many units were being rented in the building, and he told the inspector at that time of the exact arrangements. Councilmember Hawes inquired if there is additional land available for Mr. Hamm to acquire. The Director of Planning & Inspection stated at the time the building was constructed there was additional land adjacent to Mr. Hamm's property. He stated at this time he is not sure what the status is of this additional property, but no development has taken place on it. Councilmember Theis inquired what the suttle changes were that took place in the recreation room. The Director of Planning & Inspection stated a separate entrance to the laundry and recreation room has been created, a bathroom installed, counter tops, cabinets, and a kitchen sink have also been installed. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to deny the renewal of a rental dwelling license for 4010 65th Avenue North. r The motion passed unanimously. ORDINANCE The City Manager presented An Ordinance Amending Chapter 17 of the City Ordinances Regarding Personnel. He noted this item would amend sections of the personnel ordinance related to vacation time, sick leave, and leaves of absence and is offered this evening for a first reading. Councilmember Theis inquired how this amendment would affect the sick leave accruals for employees. The City Manager stated this would allow the banking of sick leave hours for the hiring of new employees. He noted at this time he has the authority to grant accruals for vacation leave but not sick leave. He stated this amendment would make the ordinance more consistent. Councilmember Theis stated he has some concerns about giving such broad authority to grant leaves without the Council's approval. The City Manager stated y g a not to exceed... , imit could be placed-in the ordinance if the Council so wished. Councilmember Theis stated he would have no problem giving approval for a first reading if limits are placed to allow for more Council control. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to approve for first reading An Ordinance Amending Chapter 17 of the City Ordinances Regarding Personnel. The motion passed unanimously. The public hearing was set for July 13, 1987, at 8 p.m. DISCUSSION ITEMS (CONTINUED) STORAGE OF VEHICLES AND REFUSE The City Manager briefly reviewed the slides depicting the different type of 6 -22 -87 _7_ PUBLIC WORKS PERFORMANCE EVALUATION SYSTEM The City Manager noted staff has developed a performance evaluation system which would provide for annual performance evaluations of all employees under the Local 49 contract and would also provide opportunities for employees hired at the Maintenance I level to reach higher wage levels based on evaluations of their job skills and performance. Councilmember Lhotka inquired why this plan must be approved by the City Council. The City Manager noted in some cases it would be amending the City's wage plan. There was a motion by Councilmember Theis and seconded by Councilmember Scott to approve the Brooklyn Center Public Works Performance Evaluation System. The motion passed unanimously. PRELIMINARY 1989 BUDGET REVIEW The City Manager briefly reviewed the memorandum prepared for Council consideration. He noted the revenue area of the 1989 budget will be questionable at first. He explained the State legislature passed a substantial overhaul of the property tax system which changes many portions of the system. He noted the net result of these changes will be confusion and difficulty in figuring out, comparing, and estimating 1988 property taxes on various types of property with the proposed levies for 1989. He then went on to review some of the to and high P priorities which g P w ere listed b the Council at their planning y p in g session in May. He explained one item staff believes should be added to the top priority list is development of a drug ro education-prevention ram. stated she feels this Councilmember Scott p program. is s hould definitely e y added as a top priority. She noted drug abuse is becoming a major problem in Minneapolis and will be moving into Brooklyn Center and the other suburbs within the next 12 months. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to add development of a drug education - prevention program to the top priority list of issues prepared at the May 1988, planning meeting. The motion passed )unanimously. V RENTAL LICENSE -4010 65TH AVENUE NORTH The Director of Planning and Inspection explained in June of 1987, the City Council unanimously denied the renewal of a rental dwelling license for Joe Hamm for the property at 4010 65th Avenue North. He explained the City Council did not renew the rental dwelling license because Mr. Hamm had been renting four dwelling units in a building which had been approved and licensed as a three unit building. He noted this ro e p p rty had only enough land area to meet the zoning ordinance density requirements for a three unit building. Mr. Ha sold g mm has ld the property to Joe Maas, who has proceeded to make arrangements to buy an additional 3,000 sq. ft. of land from a neighboring property which will allow him to legally convert the building at 4010 65th Avenue North into a four unit building. He noted Mr. Maas has submitted a planning commission application requesting preliminary plat approval to replat the two parcels and transfer the necessary land area. He added Mr. Maas has also received final plat approval for the land transfer, however, the plat has not been released because some judgements relating to the property have not yet been satisfied. 8 -8 -88 -10- The Director of Planning and Inspection explained Mr. Maas has submitted a letter requesting the City Council to reissue the rental dwelling license to him for a three unit building so he can rent one of the units which has become vacant. He noted the building official has inspected the premises and does not find any problems. He added Mr. Maas has acknowledged his understanding only three units can be rented, and he will only rent three units until other requirements can be satisfied and the platting is accomplished. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka approving the reissuance of the rental dwelling license for a three unit building at 4010 65th Avenue North to Mr. Joe Maas until May 31, 1989, with the understanding the fourth unit be posted "not licensed for occupancy" until all the platting requirements and requirements for occupancy are met and the City Council issues a new rental license for a four unit apartment complex at that address. The motion passed unanimously. OTHER BUSINESS The City Manager noted he had recently been contacted by representatives of the Minnesota Pollution Control Agency. He stated the MPCA a has a proposed P lan for soil removal and would like to discuss it with the City Council at its next meeting. He noted normally there would be a Y neighborhood informational meeting before any Council approval is v PP given on this type of issue however, because ause of time constraints this issue will be handled somewhat backwards. ADJOURNMENT There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:58 p.m. City Clerk Mayor 8 -8 -88 -11- Licenses to be approved by the City Council on June 25, 1990: 0 FOOD ESTABLISHMENT Glico Harmony Foods Corp. 719 Swift Street Sears 1297 Brookdale Center Sanitarian ITINERANT FOOD ESTABLISHMENT Brooklyn Center Fire Department 6301 Shingle Ck. Pkwy. Brooklyn Center Park & Recreation 6301 Shingle Ck. Pkwy. The Multiple Sclerosis Society 2344 Nicollet Avenue County Store Foods 3600 63rd Avenue N. Sanitarian MECHANICAL SYSTEMS Brooklyn Air Heating & AC 5801 Lyndale Ave. N. Northwestern Service, Inc. 791 Hampden Avenue Ron's Mechanical 1812 E. Shakopee Ave. Building Official RENTAL DWELLINGS Initial: Cherie and Mark Wyman 3901 52nd Ave. N. Chris Knutson 5200 France Ave. N. William Steinhagen 4201 Lakeside Ave. N. #104 Cindy and Kim Norling 7008 Unity Avenue N. Renewal: Brookdale Towers Program Brookdale Towers Earle Brown Farm Apts. Earle Brown Farm Apts. Gary Olson 3715 69th Ave. N. Kenneth Ready, Jr. 1019 73rd Ave. N. Martha Lahti 5316 Knox Ave. N. Martha Lahti 5322 Knox Ave. N. Director of Planning and Inspection GENERAL APPROVAL:, D. K. Weeks, City Clerk 0 M' E T R O P O L I T A N T R A N S I T C O M M I S S 1 0 N= 560 - 6th Avenue North, Minneapolis, Minnesota 55411 -4398 612/349 -7400 t Sune 19, 1990 Gerald Splinter City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mr. Splinter: The Metropolitan Transit Commission (MTC) is in the process of reactivating its bus shelter program. Due to budgetary constraints, the MTC's shelter development program was suspended in 1982. At present, the MTC maintains 628 passenger waiting shelters throughout the metropolitan area. Federal funding is now available to assist in building an additional 89 shelters. Local money must be used to fund 20% of the construction costs of the shelter program and to fund ongoing maintenance costs. The MTC shelter policy encourages the construction of passenger waiting shelters for bus stops which serve 40 or more boarding or transferring passengers on a typical weekday, with special consideration given to bus stops serving the elderly and the handicapped. Under the MTC's shelter program, the MTC will pay the total cost of the shelter installation if ridership is more than 40 passenger boardings per day. In cases where ridership is less than 40 passengers per day, the MTC will consider the shelter installation only if the community provides a portion of the local capital and maintenance costs. Providing a concrete base pad upon which the shelter could be placed, and agreeing to provide minor maintenance such as cleaning, would be ways in which the community could provide this local capital and maintenance cost sharing. At this time, the MTC staff has not identified any new bus stop locations in your community that have more than 40 passenger boardings per day. We are, however, encouraging you to contact us if you are aware of any sites that you would like us to investigate further to determine if the site meets the passenger boarding criteria in the MTC shelter policy. In addition, we would encourage you to contact us if your city would be interested in participating in a. cost - sharing arrangement with the MTC for the construction and maintenance of bus shelters at locations that do not have the minimum of 40 passenger boardings per day. Also, please contact us whether your community would be receptive to allowing advertising to be placed on MTC bus shelters as a means of providing a funding source to offset a portion of the ongoing maintenance costs of the shelters. r e, o —2— _ If you are interested: irr pursuing; bus shelters for your community, please contact my Executive Assistant, Greg Failor, at 349 -7501, to schedule a meeting to discuss the matter with MTC staff. I look forward to hearing from you orr this matter. I ncerely, h pell ief Administr for JJC:sle cc: Mayor Dean Nyquist MTC Commissioners