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Home My WebLink About1989 09-25 CCP Regular Session1. Call to Order 2. Roll Call 3. Invocation 4. Open Forum 6. Recess to EDA CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER SEPTEMBER 25, 1989 7 p.m. 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. 7. Approval of Minutes: *a. August 28, 1989 - Regular Session *b. September 11, 1989 - Regular Session 8. Proclamation: *a. Declaring 1990 as Celebrate Minnesota 9. Resolutions: *a. Amending the Project Air Agreement Among the City of Brooklyn Center, West Hennepin Human Services, and Minnegasco *b. Certifying Tree Removal Cost to the Hennepin County Tax Rolls -This resolution relates to the one tree removal assessment which was contested at the September 11, 1989, public hearing on the assessment rolls. A staff report regarding this matter has been submitted for consideration by the City Council. *c. Removing Proposed Charges for Weed Destruction from Special Assessment Rolls -A staff report recommending that the proposed assessment to one parcel of property be removed from the assessment rolls has been submitted for consideration. CITY COUNCIL AGENDA -2- September 25, 1989 d. Approving Purchase of a State Aid Computer Package -This computer package is available to the City via the MNDOT state aid office, with a 60% reimbursement from state aid funds. It is proposed to purchase this unit from funds available within the 1989 budget for the data processing division 20 of the general fund. *e. Declaring a Public Nuisance and Ordering the Removal of Shade Trees (Order No. DST 09/25/85) *f. Accepting Quote and Authorizing the Purchase of One (1) Utility Dump Body - Public Utilities Division - replacement equipment *g. Accepting Quote and Authorizing the Purchase of One (1) Crane Hoist - Public Utilities Division - replacement equipment *h. Expressing Recognition of and Appreciation for the Dedicated Public Service of Robert Quenroe *i. Expressing Recognition of and Appreciation for the Dedicated Public Service of Jane Alford *j. Accepting Proposal to Refinish Concrete Floor at East Fire Station 10. Public Hearing: a. Amending Development District Boundary Lines -This public hearing was first opened on July 10, 1989, and tabled to this evening's meeting. 11. Consideration to Deny the Renewal of the Rental Dwelling License for 5500 Bryant Avenue North (7:45 p.m.) 12. Discussion Items: a. 1990 Improvement Projects -A preliminary listing of recommended improvement projects as submitted for review and discussion by the City Council. b. Additional Nuisance Ordinances c. Principals for Minnesota Property Tax Reform d. Liquor Ordinance Amendments *13. Licenses 14. Continuation of Budget Hearing 15. 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 AUGUST 28, 1989 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, City Attorney Charlie LeFevere, EDA Coordinator Brad Hoffman, and Administrative Aide Patti Page. INVOCATION The invocation was offered by Elaine Bernards 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. No requests were made. APPROVAL OF MINUTES - AUGUST 1, 1989 - CONTINUED SESSION There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the minutes of the August 1, 1989, City Council meeting. The motion passed unanimously. APPROVAL OF MINUTES - AUGUST 14, 1989 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the minutes of the August 14, 1989, City Council meeting. The motion passed unanimously. PROCLAMATION Member Celia Scott introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING SEPTEMBER AS PTA /PTO MEMBERSHIP MONTH The motion for the adoption of the foregoing proclamation was duly seconded by member Jerry Pedlar, and the motion passed unanimously. MAYORAL APPOINTMENT 8/28/89 -1- There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to appoint John Kalligher and Ernie Erickson to the Housing Commission. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 89 -160 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF SHADE TREES (ORDER NO. DST 08/28/89) The motion for the adoption of the foregoing resolution member Jerry Pedlar, and the motion passed unanimously. LICENSES There was a motion by Councilmember Scott to approve the following list of licenses: AMUSEMENT DEVICES - OPERATOR Children's Palace GARBAGE AND REFUSE COLLECTION VEHICLES Midwest Grease Buyers, Inc. Twin City Sanitation Vasko Rubbish Removal, Inc. MECHANICAL SYSTEMS Brooklyn Air Heating & AC Cronstrom's Heating & A/C NONPERISHABLE VENDING MACHINES Twin City Vending Earle Brown Tower Earle Brown Office Bldg. PERISHABLE VENDING MACHINES Twin City Vending Earle Brown Office Bldg. RENTAL DWELLINGS Initial John & Diane Stephens Warren Samuelson /Wayne Rowley Chris Taber /Koreen Klawitter Renewal: Thomas & Joanne Limond Charles Sabatke George Shimshock Paul A. Dorfman Dale C. Wegner 8/28/89 -2- and seconded by Councilmember 5900 Shingle Creek Pkwy. P. 0. Box 26 279 Meadowood Lane 920 Atlantic Street 5801 Lyndale Ave. N. 4410 Excelsior Blvd. 1065 E. Highway 36 6120 Earle Brown Dr. 6040 Earle Brown Dr. 1065 E. Highway 36 6040 Earle Brown Dr. 3824 Burquest Lane 4204 Lakebreeze Ave. N. 2932 67th Lane North was duly seconded by Humboldt Square Apartments 6306 Brooklyn Drive 5900 Colfax Avenue N. 5245 Drew Ave. N. 5935 Dupont Ave. N. Pedlar • Leslie G. Reinhardt Kristian Norstad Lewis & Vivian Hedlund Robert Nechal Fred &Judie Swenson Marilyn Dietrich /Thomas Schultz Jack & Mary Jane Herrlin J. J. Barnett J. J. Barnett J. J. Barnett SIGN HANGER Universal Sign Company 1033 Thomas Avenue The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Amending the 1989 General Fund Budget and Accepting Proposal to Conduct a Study of Space Needs at East and West Fire Stations, Improvement Project No. 1989 -24. The City Manager stated the fire department has requested a space needs study be conducted relating to both the east and west fire stations. He explained staff has requested the firm of Carlson Mjorud Architecture Ltd. (CMA) to review the fire department's request and submit a proposal to conduct a space needs study. RESOLUTION NO. 89 -161 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1989 GENERAL FUND BUDGET AND ACCEPTING PROPOSAL TO CONDUCT A STUDY OF SPACE NEEDS AT EAST AND WEST FIRE STATIONS, IMPROVEMENT PROJECT NO. 1989 -24 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 and Accepting Proposal for Furnishing One Highway Sand /Salt Spreader. The City Manager explained the truck mounted box type spreader used by the street department for spreading sand and salt was recently examined to determine if refurbishing it was feasible. He noted after sandblasting, it was discovered the sides and ends were so worn the spreader was beyond economical repair. He stated staff is recommending the purchase of a new spreader and also recommending the $10,000 surplus in the current year budget be used for this purchase. RESOLUTION NO. 89 -162 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION APPROVING PURCHASE AND ACCEPTING PROPOSAL FOR FURNISHING ONE HIGHWAY SAND /SALT SPREADER The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. 8/28/89 -3- 5713 Humboldt Ave. N. 4201 Lakeside Ave. N. #103 5316 Russell Ave. N. 5332 -36 Russell Ave. N. 5340 -44 Russell Ave. N. 6831 Toledo Ave. N. 4803 Wingard Place 2910 68th Lane 2914 68th Lane 2918 68th Lane The City Manager presented a Resolution Ordering Installation of Sidewalk on West Side of Humboldt Avenue North between Woodbine Avenue and 73rd Avenue and Accepting Proposal for Construction, Improvement Project No. 1989 -20. The Director of Public Works briefly reviewed the compromise which was reached with the three residents along this area and noted a member of the engineering staff has met with the property owners, onsite, to discuss the project. He explained Mr. Olson, 1501 73rd Avenue North, has agreed to the compromise under certain conditions. He noted the City would be able to meet most of these conditions except for the installation of a six foot fence. He noted the maximum height permitted by City ordinance is four feet for a fence adjacent to a public right of way. The Director of Public Works stated Mr. Pitteiger, on behalf of Gayle Arvidson, 7227 Humboldt Avenue North, opposes the criteria for an eight foot minimum boulevard and would prefer to see a six foot boulevard. He noted Mr. Carson, 7221 Humboldt Avenue North, is satisfied with the proposed alignment and asked only that the City relocate, if possible, some shrubs that will be affected by the proposed construction. Councilmember Cohen asked the Director of Public Works to review the standards for boulevards in the City. The Director of Public Works stated generally boulevards are installed one foot from the property line, and in this case, it would have allowed for a 12 foot boulevard. Councilmember Pedlar inquired if the snow storage along this area would create problems for the residents backing out onto Humboldt Avenue North. The Director of Public Works stated he did not believe the situation would change any from past years. Mayor Nyquist recognized Joy Olson, 1501 73rd Avenue North. Ms. Olson stated she would like to state, on behalf of the owner of 7227 Humboldt Avenue North, that the owner would prefer to have a six foot boulevard instead of an eight foot boulevard. Ms. Olson also stated she and her husband are pleased with the compromise for the sidewalk. She added, however, they would prefer to have a six foot high fence installed instead of the four foot high fence. RESOLUTION NO. 89 -163 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION ORDERING INSTALLATION OF SIDEWALK ON WEST SIDE OF HUMBOLDT AVENUE NORTH BETWEEN WOODBINE AVENUE AND 73RD AVENUE AND ACCEPTING PROPOSAL FOR CONSTRUCTION, IMPROVEMENT PROJECT NO. 1989 -20 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 Amending the 1989 General Fund Budget. He noted this would provide the funding for the planning and land use study authorized on July 24, 1989, in the amount of $10,595. He noted this planning and land use study would be conducted for the area of 66th Avenue and West River Road. RESOLUTION NO. 89 -164 Member Celia Scott introduced the following resolution and moved its adoption: 8/28/89 -4- • • RESOLUTION AMENDING THE 1989 GENERAL FUND BUDGET 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 Specifications and Authorizing Advertisement for Bids for Delivery of Telephone System for Brooklyn Center City Hall and the Earle Brown Heritage Center. The EDA Coordinator stated the bid specs are broken down into individual packages for cabling of the City Hall and Farm and also two packages for the telephone system for City Hall and the Farm. He noted other features are being bid separately and staff can decide which features to install in the system when they have seen the price. He noted whatever system is chosen, it will accommodate any growth which may occur on either site. RESOLUTION NO. 89 -165 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF TELEPHONE SYSTEM FOR BROOKLYN CENTER CITY HALL AND THE EARLE BROWN HERITAGE CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 89021 SUBMITTED BY R.L. BROOKDALE MOTORS REOUESTING SITE AND BUILDING PLAN AND SPECIAL USE PERMIT APPROVAL TO CONSTRUCT A 14.565 SQ. FT. ADDTTTON TO THF HONDA SALES BUILDING AT BROOKDALE PONTIAC - HONDA. 6801 BROOKLYN BOULEVARD, TO PROVIDE ADDITIONAL SERVICE BAYS. PARTS WAREHOUSING. OFFICE AND OTHER FUNCTIONS AND PLANNING COMMISSION APPLICATION NO. 89022 SUBMITTED BY R.L. BROOKDALE MOTORS REOUESTING SPECIAL USE PERMIT APPROVAL TO OPERATE AN OFF -SITE INVENTORY STORAGE LOT ACCESSORY TO THE BROOKDALE PONTIAC -HONDA DEALERSHIP AT THE OLD AMERICAN BAKERIES SITE AT 4215 69TH AVENUE NORTH The City Manager noted both items were recommended for approval by the Planning Commission at its August 17, 1989, meeting. The Director of Planning and Inspection referred the Mayor and Councilmembers to pages four through ten of the August 17, 1989, Planning Commission minutes and information sheet. He briefly reviewed the two applications and noted a public hearing has been scheduled for this evening and notices have been sent. He explained there were 17 conditions recommended for application No. 89021 and seven recommended conditions for application No. 89022. He went on to review these conditions. A brief discussion then ensued regarding the intense lighting on 69th Avenue North. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application Nos. 89021 and 89022. He recognized Lyle Blaido, 4100 8/28/89 -5- 69th Avenue North, who stated he felt there was a lot of air pollution in the area of 69th & Brooklyn Boulevard, and he felt the City should find out what the level is at this intersection before the application is even considered. Mayor Nyquist recognized a resident who stated he lives on 69th & June Avenue North. He noted he is not even able to turn into his driveway because of the traffic in this area. Mayor Nyquist then recognized Clarence Fransen, 4204 69th Avenue North. Mr. Fransen inquired what is going to be done for those who live along 69th Avenue North. He noted the proposal is to install an off -site parking location at the American Bakeries site, but he is sure they will be operating a sales service center there unless the City patrols the situation. He stated he felt the City should have the applicant put this off -site lot somewhere else. Mayor Nyquist recognized Dan Luther, general manager of Brookdale Pontiac - Honda. Mr. Luther explained his company is not required to add a service building for the Honda sales area but noted in order to handle the capacity of cars that require service from his company, additional service bays are necessary. He stated his company has no intentions of building the service facility unless an off -site storage lot can be acquired. He went on to explain they are proposing to build a service building on -site and have no intention of servicing cars at the American Bakeries site. He added he would ask employees and enforce the policy of not showing or selling vehicles from the American Bakeries site. He reiterated the fact that his company cannot build the additional service building without an off -site storage lot. Councilmember Scott inquired if Mr. Luther would be providing adequate customer parking and also where his employees are required to park. Mr. Luther stated by having an off -site storage lot, it should create adequate customer parking and also employee parking. He stated he would not allow his employees to park at the American Bakery site because of the safety factor in crossing Brooklyn Boulevard. Mayor Nyquist inquired if there was anyone else who wished to appear before 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. 89021 and 89022. The motion passed unanimously. Councilmember Pedlar stated he did not see a need to tie the two applications together and inquired if it would not be possible to find an off -site storage lot somewhere else. Councilmember Cohen stated he would like staff to address the issue of traffic on 69th Avenue North. The City Manager stated the City Council has requested staff to review the areas of Brooklyn Boulevard between I- 694 and 69th Avenue North and 69th Avenue east of Brooklyn Boulevard. He stated an evaluation has been completed and staff will be holding a public hearing later this fall to discuss the proposed improvements along this area. The Director of Public Works added the City Council did submit a resolution to Hennepin County requesting Hennepin County to study the area of Brooklyn Boulevard. He noted Hennepin County will be sending its report to the City in early 1990 and then staff will have two studies that will provide information on 8/28/89 -6- • the area of 69th & Brooklyn Boulevard. The City Attorney stated it would be appropriate to limit the use of the off - site lot on 69th Avenue North. He suggested a change to condition No. 2 for Application No. 89022. The City Manager pointed out the proposed use for the American Bakeries site would, in most cases, create less traffic in this area than other allowed uses for this site. There was a motion by Councilmember Cohen and seconded by Councilmember Scott to approve Planning Commission Application No. 89021 submitted by R.L. Brookdale Motors subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriateley screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as -built survey of the property, improvements and utility service lines serving the proposed addition, prior to release of the performance guarantee. 10. The property owners shall enter in an Easement and Agreement for Maintenance and Inspection of Utility and Storm Drain Systems prior to the issuance of permits. 11. Customer parking, as indicated on the approved site plan, shall be signed and all parking spaces shall be striped prior to release of the performance guarantee. 8/28/89 -7- 12. The applicant shall submit proof of ownership of the site at 4215 69th Avenue North prior to the issuance of permits for the addition. The applicant shall also execute a restrictive covenant binding use of the remote site to the car dealership on the principal site. Said covenant to be approved by the City Attorney, executed and filed prior to the issuance of permits. 13. Approval of Application No. 89021 for the building addition is subject to approval of Application No. 89022 for off -site accessory parking at 4215 69th Avenue North. 14. On -site fire hydrants shall be provided near the northerly access off Brooklyn Boulevard and immediately west of the proposed addition in accordance with the recommendations of the Fire Chief. 15. The plans shall be revised, prior to the issuance of permits, to indicate the following: a) Additional plantings to bring total landscaping on the site up to a point value of 339 points based on the City's Landscape Point System. b) Existing and proposed site lighting shall be indicated with light intensity measurements. c) Outside trash disposal areas, if any, shall be indicated and screening provided. d) Building materials shall be revised to a decorative concrete block painted to match the existing Honda sales building. 16. The special use permit is granted only for the specific use 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. 17. The special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof may be grounds for revocation. The motion passed with Councilmember Pedlar opposed. Councilmember Cohen stated he felt the concerns raised by the residents pertaining to property values and the condition of the neighborhood should be addressed at the public hearing which will be held later this fall. He added Brookdale Pontiac -Honda has always been a good corporate citizen of Brooklyn Center. There was a motion by Councilmember Scott and seconded by Councilmember Cohen to approve Planning Commission Application No. 89022 submitted by R.L. Brookdale Motors subject to the following conditions: 1. The special use permit is subject to all applicable codes, ordinances, 8/28/89 -8- • • 8/28/89 and regulations. Any violation thereof may be grounds for revocation. 2. The special use permit is issued to Brookdale Pontiac -Honda for use as an off -site inventory vehicle storage lot. No other activities are permitted on the off -site lot at 4215 69th Avenue North, including: car sales, display of cars to customers, service of vehicles, customer parking, employee parking, or parking of customer vehicles for service. 3. The applicant shall legally encumber the use of the site at 4215 69th Avenue North for the sole purpose of providing inventory vehicle parking accessory to the principal car dealership use at 6801 Brooklyn Boulevard. Said encumbrance shall be reviewed and approved by the City Attorney, shall be executed and filed prior to issuance of the special use permit and prior to the issuance of building permits for expansion at the principal site. 4. All vehicle storage at 4215 69th Avenue North shall be screened from public view by an opaque fence not less than 6' in height. 5. The applicant shall enter into a performance agreement with a supporting financial guarantee (in an amount to be determined by the City Manager) to assure completion of the fencing improvements prior to the issuance of the special use permit. 6. Special use permit approval for off -site accessory parking specifically waives the requirement that such parking not be located across a major thoroughfare on the grounds that the nature of the off - site use should not generate pedestrian traffic between the remote site and the principal site. 7. The applicant shall modify the landscape plan to provide the maximum possible landscape treatment on the site. 8. All lighting shall be constructed so as to illuminate the site only and not spread into adjacent properties. The motion passed with Councilmembers Paulson and Pedlar opposed. Councilmember Scott stated she would like staff to address the property owners concerns regarding the activities occurring at the North Star Dodge dealership and also repair of fencing and landscaping in the area. Councilmember Cohen stated he would like to review the lighting plans for the American Bakeries site. RECESS The Brooklyn Center City Council recessed at 8:44 p.m. and reconvened at 8:58 p.m. The City Engineer, Mark Maloney, entered the meeting at 8:58 p.m. PUBLIC HEARINGS -9- PUBLIC HEARING ON IMPROVEMENT PROTECT 1988 -18 WEST RIVER ROAD BETWEEN 66TH AVENUE NORTH AND 73RD AVENUE NORTH AND WILLOW LANE BETWEEN I -694 AND 66TH AVENUE NORTH The City Manager stated notices of this hearing have been published in the City's official newspaper and individual notices have been sent to the owners of all properties abutting the proposed improvement. He explained two public informational meetings were conducted prior to this evening's meeting. The Director of Public Works went on to review the site and the proposed trailway for this area. He noted MNDOT is in the process of constructing a ten foot pedestrian /bike trailway crossing the river which would connect into the proposed trailway. He noted Hennepin County is also developing plans for a trailway along Riverridge Park. The Director of Public Works then went on to review a video tape of West River Road between 66th Avenue North and 73rd Avenue North. He then introduced Dick Moore and Glen VanWormer of Short- Elliot- Hendrickson. Mr. Moore stated his firm reviewed many alternatives for construction along West River Road. He noted it is possible to construct the trailway on either the east or west side of West River Road. He then went on to review the proposed plans for both trailway options. Mr. VanWormer then reviewed the traffic statistics for the area and how the counts were conducted. He noted most of the traffic on West River Road was generated by residents in the area. He noted there are multiple problems to be solved in this area. The Director of Public Works reviewed the special assessment policy and noted that notices have been published and also sent to the abutting property owners. Councilmember Pedlar inquired if the deferred assessment policy would be in effect for this project. The Director of Public Works responded affirmatively and noted the City Council has asked staff to review the policy to see if it can be expanded. He noted if there are changes to the policy this project would benefit from those changes. Mayor Nyquist opened the meeting for the purpose of a public hearing on improvement project 1988 -18, West River Road between 66th Avenue North and 73rd Avenue North and Willow Lane between 1 -694 and 66th Avenue North. He then recognized Roland Erickson, 6640 West River Road. Mr. Erickson stated if the trailway /sidewalk is constructed on the east side of West River Road, then bikers would be encountering many driveways as they rode along the trail. He stated he would like to see the trailway removed from the east side of the road. Mayor Nyquist then recognized John Kelly, 7124 West River Road. Mr. Kelly stated he agreed that he did not believe the bike trail should be on the east side of the road because it does not make any sense. He inquired how much extra the bike trail would be costing the property owners. The City Manager explained the bike trails will not cost the property owners anything. He noted the assessment will only be for the road improvement. Mr. Kelly then inquired how this project would affect existing drainage problems. The Director of Public Works stated the project includes providing positive drainage to the area. Mayor Nyquist then recognized Richard Forberg, 7012 West River Road. He stated he was opposed to the bike trail because he felt most people in the area tend to use the other roads for bike rides. He added if the bike trail is going to be 8/28/89 -10- • • • installed, he felt for all practical purposes it should be done on the west side of the road. Mayor Nyquist recognized David Berg, 6842 West River Road, who stated he did not want the bike trail on the east side of the road because it would be creating 30 different intersections for bicycle riders. He also inquired whether the electrical cable would be buried or not. The City Manager stated the cost of burying the electrical cable has been included in the estimate, and there would be a small charge to homeowners for new connections. Mayor Nyquist then recognized Cindy Blonc, 6354 Willow Lane. Mrs. Blonc stated she is not a homeowner which will be directly assessed for the street improvement but added she is not in favor of the bike trail because of the noise level and possible harassment and vandalism. She noted currently with the construction being done by MNDOT, there have been many problems on her property. The Director of Public Works stated he has been in touch with MNDOT officials and is trying to resolve some of the existing problems. Mayor Nyquist then recognized Andre Blonc, 6354 Willow Lane, who stated he felt there has been a rapid deterioration of the road from the large construction vehicles traveling it. The Director of Public Works stated MNDOT has designated this roadway as a haul road which means the City and MNDOT inspected the roadway before the project began and will inspect the roadway again when the project is complete. He stated the contractor would be held responsible for any damage to the roadway. Mayor Nyquist recognized Howard Atkins, 6550 West River Road. Mr. Atkins stated he would not object to the improvement project as long as it does not affect further development of his property. Mayor Nyquist then recognized Harold Swanson, owner of the apartment buildings at 7230, 7240, and 7250 West River Road. Mr. Swanson stated he felt his property was being assessed more than other properties because his is zoned R4 /R5. 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 Cohen to close the public hearing. The motion passed unanimously. Councilmember Cohen stated it appears the issue being disputed this evening is the location of the bike trail, and it also appears the neighborhood would like the bike trail on the west side of the road. The City Manager stated there is also the issue of power lines, however, the Council could approve the plans and request staff to complete additional surveys regarding this issue. Councilmember Pedlar stated there appears to be a number of people who will be assessed for the project but who are not present this evening. He stated he was told many of these people felt this project was a "done- deal." He stated he would like to table this item to allow more time to contact the residents. Mayor Nyquist recognized John Kelly, 7124 West River Road. Mr. Kelly stated he was under the impression this was a "done- deal" because the road was going to be 8/28/89 -11- upgraded. He felt the only thing the residents had a choice on was which side of the road the trailway would be placed. Councilmember Cohen stated two public meetings have already been held regarding this issue and now a public hearing has been held, and he believes the neighborhood has had an ample opportunity to provide input on the project. He noted the Council could continue holding meetings but sooner or later the Council would have to make a decision. He stated he felt the Council should move ahead with this project. The Director of Public Works briefly reviewed the estimated schedule for this project noting the plans and specs would be developed during November and December of this year with a bid opening date in February, 1990. He stated award of the contract would likely occur in March, 1990, with a completion date of September, 1990. There was a motion by Councilmember Scott and seconded by Councilmember Paulson to place the bike trail on the west side of West River Road; to defer consideration of the power line burial until a poll of the neighborhood has been taken; and also to direct staff to further investigate a solution to the "s" curve at the beginning of West River Road. The motion passed unanimously. The Director of Public Works reminded the Council that a roll call vote was necessary on this resolution because it was a project initiated by the City Council. RESOLUTION NO. 89 -166 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS 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. DISCUSSION ITEMS IMPACTS OF THE SAFE DRINKING WATER ACT The City Manager explained at the August 14, 1989, City Council meeting, the Council requested a summarization of the information contained in the report from Black & Veatch and also a resolution be prepared for formal consideration regarding the City's position with regard to this issue. He noted a resolution has been prepared for the Council's consideration. Councilmember Paulson stated he would like a paragraph added which would be a general statement supporting the action but noting the Council's concerns with regard to the method of implementation. RESOLUTION NO. 89 -167 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION RELATING TO DEVELOPMENT OF STANDARDS UNDER THE SAFE DRINKING WATER ACT The motion for the adoption of the foregoing resolution was duly seconded by 8/28/89 -12- • • • member Jerry Pedlar, and the motion passed unanimously. The City Manager stated the City has received a request from the American Water Works Association for a $1,000 donation to help establish a water industry technical action fund. He noted this fund would be used to support research and legislative activities designed to promote the water industries more active, positive role in the development of drinking water regulations. He noted a resolution has been prepared for the Council's consideration. RESOLUTION NO. 89 -168 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION APPROVING PAYMENT TO THE AWWA ASSESSMENT FUND The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. AN ORDINANCE AMENDING CHAPTER 11 OF THE BROOKLYN CENTER ORDINANCES The City Manager noted recent legislative changes in the liquor laws and several concerns which have been discussed in the past are addressed in the proposed ordinance amendment. He stated if the Council wished, it could proceed with the first reading this evening or schedule it for a later date to allow notification time for the Chamber of Commerce and liquor license holders. Councilmember Scott stated she felt out of courtesy for the establishments and the Chamber of Commerce, they should be notified of the first reading. The City Manager noted the licensed establishments and the Chamber of Commerce are aware of the proposed changes. He added if the ordinance is passed, there would be a fair amount of time for the license holders to meet the requirements. A brief discussion then ensued regarding outdoor special events and permanent licenses for these events. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar instructing staff to bring this ordinance for a first reading at the September 11, 1989, City Council meeting. The motion passed unanimously. LEAGUE INSURANCE TRUST INSTITUTIONAL PAYMENT TO LEAGUE OF CITIES The City Manager noted the purpose of the League of Minnesota Cities Insurance Trust (LMCIT) is to allow Minnesota cities to join together to achieve a savings on insurance costs through joint effort. He noted over the years the fruits of these savings have been transferred on a consistent basis back to the member cities. He noted, however, since 1988 an additional institutional fee has been implemented and has been drawn from the LMCIT and transferred to the League of Cities general fund for other purposes not related to insurance. He noted the membership of the League of Minnesota Cities is larger than the membership in the LMCIT, and therefore, cities not belonging to the insurance trust are getting an indirect benefit from the insurance trusts savings. He stated staff does not feel this is a proper use of funds. The Finance Director briefly reviewed past publications and reports which noted any profits would go back to the participants. The City Attorney stated he does not have all the information or documents regarding this issue, however, he has reviewed similar cases and has never seen 8/28/89 -13- anyone charged for the use of someone else's good name. Councilmember Cohen stated the League of Minnesota Cities has increased the amount of their staff and now they need a new building because the old one is not large enough. He stated the member cities are having a tough time cutting budgets, and he does not feel excess funds should be spent arbitrarily but should be refunded back to the member cities. He stated he felt the Council should ask the board to refund the money back to the insurance trust. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott directing staff to prepare a resolution for the September 11, 1989, City Council meeting. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Pedlar and seconded by Councilmember Paulson to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 11:23 p.m. City Clerk Mayor 8/28/89 -14- 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 SEPTEMBER 11, 1989 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:03 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 & Inspection Ron Warren, City Attorney Charlie LeFevere, EDA Coordinator Brad Hoffman, Personnel Coordinator Geralyn Barone, and Administrative Aide Patti Page. INVOCATION The invocation was offered by Blaine Fluth, representing the Brooklyn Center Prayer Breakfast Committee. OPEN FORUM Mayor Nyquist recognized Dave Johnson, 1713 70th Avenue North. Mr. Johnson stated he is appearing this evening regarding the PostNews paper article citing the award of damages to a past police officer. He stated he felt the punitive damages should be paid by the City Manager and the Chief of Police, and the burden should not be placed upon the citizens of Brooklyn Center. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the consent agenda. No requests were made. RESOLUTION NO. 89 -169 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF SHADE TREES (ORDER NO. DST 09/10/89) The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 89 -170 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1989 -C (SEALCOATING, IMPROVEMENT PROJECT NO. 1989 -09) The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. 9/11/89 -1- RESOLUTION NO, 89 -171 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1989 GENERAL FUND BUDGET 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: COMMERCIAL KENNEL Snyder Brothers Drug ITINERANT FOOD ESTABLISHMENT Brooklyn Center Fire Dept. Cross of Glory Lutheran Church 1296 Brookdale Center 6301 Shingle Creek Pkwy. 5929 Brooklyn Blvd. MECHANICAL Merit HVAC, Inc. 7801 Park Drive The motion passed unanimously. RECESS TO ECONOMIC DEVELOPMENT AUTHORITY MEETING The Brooklyn Center City Council recessed at 7:05 p.m. and reconvened at 7:16 p.m. PRESENTATION The Personnel Coordinator introduced Patty Wilder, Executive Director of the Northwest Hennepin Human Services Council. Ms. Wilder went on to give an overall review of the program and its services. She then introduced Mr. John Casey, the City's representative on the Council. Mr. Casey went on to review his involvement with the child abuse network and the Northwest Hennepin Human Services Council. PUBLIC HEARING - ANNUAL CITY BUDGET The City Manager stated the Finance Director would like to give a brief introduction tonight of the 1990 budget and then adjourn the public hearing to a later date at which time the Council would review the budget department -by- department. He noted the Council may not actually be taking action on this document because there is a great potential for change in the tax levy amount. The Finance Director went on to review the major affects of the revised state aid, levy limits, and "Truth -In- Taxation" bill. He went on to review certain points of the budget and noted the total proposed budget for 1990 is $10.5 million which represents a 6.37% increase. He then discussed revenues and other funding sources. Mayor Nyquist opened the meeting for the purpose of a public hearing on the annual City budget. He inquired if there was anyone present who wished to speak at the public hearing. There being none, he entertained a motion to continue the public hearing to a later date. 9/11/89 - 2 - • • • There was a motion by Councilmember Scott and seconded by Councilmember Cohen to continue the public hearing on the annual City budget to September 21, 1989, at 7 p.m. The motion passed unanimously. PUBLIC HEARINGS Mayor Nyquist opened the meeting for the purpose of a public hearing on proposed special assessments for tree removal costs. The Director of Public Works noted the City has received no written correspondence regarding the public hearing for tree removal costs. Mayor Nyquist inquired if there was anyone present who wished to speak at the public hearing. He recognized Mary Lee, 6730 Perry Avenue North. Ms. Lee stated when the tree inspector was out and marked her tree, she was informed that the contractor would notify her in advance so she could leave her gate open to the back yard. Instead of being notified, she found they basically broke into her back yard and damaged the gate. She noted the stump has not been removed yet and her gate has not yet been repaired. The City Manager apologized for the damaged gate and explained there has been such a great number of trees taken down this year, and the contractor is trying to remove all trees first and then return at a later date for the stumps. The Director of Public Works stated he has not been informed of the details of this incident, but he would be happy to look into the matter for Ms. Lee. He stated he would recommend the Council remove Ms. Lee's assessment from the tax roll to allow for further investigation. Councilmember Cohen inquired who would be liable for the property damage. The Director of Public Works stated under the contract agreement, the contractor would be liable for repair of this damaged gate. He noted if the contractor does not repair the gate, the City would repair and deduct the amount from the contractor's current bills. 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 proposed special assessments for tree removal costs. The motion passed unanimously. There was a general consensus among Councilmembers to remove the property at 6730 Perry Avenue North from the assessment roll and act on it at the next City Council meeting. RESOLUTION NO. 89 -172 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING TREE REMOVAL COST TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. Mayor Nyquist opened the meeting for the purpose of a public hearing on proposed assessments for public utility hookup charges. The Director of Public Works noted the City has received no written correspondence regarding the public hearing on public utility hookup charges. Mayor Nyquist inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak, and he entertained a motion to close the public hearing. 9/11/89 -3- There was a motion by Councilmember Cohen and seconded by Councilmember Paulson to close the public hearing on proposed assessments for public utility hookup charges. The motion passed unanimously. RESOLUTION NO. 89 -173 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING PUBLIC UTILITY HOOKUP CHARGES TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. Mayor Nyquist opened the meeting for the purpose of a public hearing on proposed special assessments for delinquent weed destruction accounts. The Director of Public Works noted the City has received no written correspondence regarding the public hearing for delinquent weed destruction accounts. Mayor Nyquist inquired if there was anyone present who wished to speak at the public hearing. He recognized Beth Sandberg, 702 53rd Avenue North. Mrs. Sandberg stated they were being assessed for a weed mowing which took place on September 2, 1988. She stated she and her husband did not have final closing on the home until September 30, 1988. She explained Minnesota Title called and checked for assessments and pending assessments at that time and was told the title was clear. She was told by someone within City hall that this assessment must have been missed. She stated she and her husband do not feel they should have to pay for this assessment since they did not own the property at the time of the cutting. The City Manager explained occasionally on weed assessments there is a 30 to 60 day wait between the time of the cutting and all paperwork being turned in for pending charges. He stated he would recommend the Council remove this property from the tax rolls. 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 Paulson to close the public hearing on proposed special assessments for delinquent weed destruction accounts. The motion passed unanimously. There was a general consensus among Councilmembers to remove the property at 702 53rd Avenue North from the assessment roll. RESOLUTION NO. 89 -174 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING DELINQUENT WEED DESTRUCTION ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. 9/11/89 -4- RECESS The Brooklyn Center City Council recessed at 9:02 p.m. and reconvened at 9 :18 p.m. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Protesting the Imposition of an Institutional Fee by the League of Minnesota Cities upon the League of Minnesota Cities Insurance Trust. Councilmember Cohen suggested substituting the word "opposing" instead of "protesting" on the resolution title. There was a general consensus among Councilmembers to change the title from "protesting the imposition. . ." to "opposing the imposition. . . ". RESOLUTION 89 -175 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION OPPOSING THE IMPOSITION OF AN INSTITUTIONAL FEE BY THE LEAGUE OF MINNESOTA CITIES INSURANCE TRUST The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. Councilmember Cohen stated he also felt the procedure for raising the dues should be reviewed also. The City Manager presented a Resolution Designating a City Insurance Agent. RESOLUTION NO. 89 -176 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING A CITY INSURANCE AGENT 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 11 of the Brooklyn Center City Ordinances. He noted Chapter 11 of the ordinances deals with liquor licensing. He stated this item is offered this evening for a first reading. He then went on to briefly review some of the proposed changes. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve for first reading An Ordinance Amending Chapter 11 of the Brooklyn Center Ordinances and to set a public hearing date for October 9, 1989, at 7:30 p.m. The motion passed unanimously. DISCUSSION ITEM ADMINISTRATIVE TRAFFIC COMMITTEE REPORT REGARDING TRAFFIC CONTROL AT THE INTERSECTION OF EAST TWIN LAKE BOULEVARD AND 53RD AVENUE NORTH The Director of Public Works briefly reviewed the three alternates for this area and noted the estimated cost for each alternate is between $2,000 and $3,000. He noted a letter was sent to all property owners in the area notifying them of 9/11/89 -5- the Administrative Traffic Committee's recommendation and advising them that the matter would be considered by the City Council at this evening's meeting. The Director of Public Works noted there had been a gentleman present in the audience this evening regarding this issue, but they had spoken during the recess and the gentleman was happy with the recommendation made by the Administrative Traffic Committee. RESOLUTION NO. 89 -177 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1989 GENERAL FUND BUDGET AND APPROVING GEOMETRIC IMPROVEMENTS AND TRAFFIC CONTROL CHANGES AT THE INTERSECTIONS OF 53RD AVENUE NORTH WITH EAST TWIN LAKE BOULEVARD AND WITH GREAT VIEW AVENUE The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Pedlar and seconded by Councilmember Paulson to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:47 p.m. City Clerk Mayor 9/11/89 -6- PROCLAMATION DECLARING 1990 AS CELEBRATE MINNESOTA WHEREAS, Minnesota has a rich heritage, drawn from many nations in many parts of the world, and Minnesotans actively seek to preserve historic sites, customs and traditions; and WHEREAS, Minnesota's mixture of ethnic backgrounds, and its varied environment of urban and rural settings, forests and farms, lakes and rivers, has resulted in a state of diverse traditions, strong values and strong communities; and WHEREAS, the leadership of willing citizens is the backbone of strong communities built on timeless values but shaping their own futures in the 21st century; and WHEREAS, the year 1990 offers an excellent opportunity to assess Minnesota's past, present and promise for the future through participation in a statewide celebration built around community activities; and WHEREAS, participation by all communities in such a celebration will draw Minnesotans together in a common purpose of showcasing the best of our state to visitors, including thousands of visitors attending the U.S. Olympic Festival. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, do hereby proclaim 1990 to be a YEAR OF CELEBRATION and do further proclaim CELEBRATE MINNESOTA 1990 as the official name of this celebration. Seal Attest: Date Mayor Clerk Foi CITY OF BROOKLYN CENTER Council Meeting Date 9/25/89 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 111/ ITEM DESCRIPTION: Resolution Amending the Project Air Agreement among the City of Brooklyn Center, West Hennepin Human Services, and Minnegasco *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: Signatur- - title ************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: Personnel Coordinator No comments to supplement this report Comments below /attached 9a' * * * * * * * * * * * * * * * * * * * * * * * * ** *** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * SUMMARY EXPLANATION: (supplemental sheets attached X ) In 1988, the cities of Brooklyn Center, Golden Valley, and Crystal jointly began participating in a community energy program, which is administered for the cities by West Hennepin Human Services Planning Board and funded by the Minnesota Department of Public Service (covers administrative costs), NSP (Home Energy Checkups), and Minnegasco (Project Air). Project Air is specifically targeted to low income residents. The purpose of this program is to reduce air infiltration, install /replace or recommend replacement /installation of insulation, and improve or recommend improvements to heating and domestic hot water system efficiency. There is no charge to customers, although the value of each completed project is approximately $410. Low income guidelines for Project Air program participants were defined by members of the cities' Community Energy Council; the guidelines equalled the Section 8 housing lower income guidelines. In 1989, the Minnesota Legislature amended the existing Conservation Improvement Program legislation by defining "low income" as 185% of the federal poverty income guidelines. By law, a minimum of 50% of all residential programs must target "low income" persons, effective July 1, 1989. Attached is a copy of the Project Air agreement, Resolution No. 88 -203, a summary of suggested income levels for Project Air, and a proposed amendment to the agreement. REQUESTED CITY COUNCIL ACTION: Pass a Resolution Amending the Project Air Agreement among the City of Brooklyn Center, West Hennepin Human Services, and Minnegasco. Member resolution and moved its adoption: ATTEST: RESOLUTION NO. introduced the following RESOLUTION AMENDING THE PROJECT AIR AGREEMENT AMONG THE CITY OF BROOKLYN CENTER, WEST HENNEPIN HUMAN SERVICES, AND MINNEGASCO WHEREAS, Resolution No. 88 -203 city manager to enter into an agreement Hennepin Human Services Planning Board project (Project Air); and WHEREAS, Project Air program "low income" as defined by the City approved by Minnegasco; and WHEREAS, in existing Conservation "low income" as 185% By law, a minimum of "low income" persons, Clerk authorized the mayor and with Minnegasco and West for a community energy participants were to be of Brooklyn Center and 1989, the Minnesota Legislature amended the Improvement Program legislation by defining of the Federal Poverty Income Guidelines. 50% of all residential programs must target effective July 1, 1989. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the mayor and city manager are hereby authorized to approve an amendment to the Project Air agreement which will acknowledge changes in the "low income" guidelines made by the Legislature. Date Mayor The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. PROJECT AIR AGREEMENT This Project Air Infiltration Reduction (AIR) Agreement for Low Income Homeowners ( "Agreement ") is among the City of Brooklyn Center, Minnesota, ( "City "), 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430; West Hennepin Human Services ( "WHHS "), a unit of government, 4100 Vernon Avenue South, St. Louis Park, Minnesota, 55416; and Minnegasco, Inc. ( "Minnegasco "), a Minnesota corporation, 201 South Seventh Street, Minneapolis, Minnesota 55402. RECITALS Minnegasco is a natural gas distribution company which is directed by Minnesota law to implement residential energy conservation programs which serve low income homeowners who are Minnegasco residential heating customers. Minnegasco has designed a Conservation Improvement Program ( "CIP ") which as been approved by the Minnesota Public Utilities Commission ( "MPUC "). The CIP includes "Project AIR," a project designed to be delivered in conjunction with a city. Minnegasco desires to implement Project AIR in conjunction with the City as an approved CIP. The City desires to enter into this Agreement to insure that effective energy conservation projects are offered to selected low income homeowners living in Brooklyn Center (see Sections 1.2 and 2.2). The City desires to have WHHS implement this project for the City of Brooklyn Center. WHHS, a unit of government created by a joint powers agreement among 15 municipalities in Western Hennepin County, is qualified and willing to implement this project in the City of Brooklyn Center for the City. Therefore, the parties intending to be legally bound, agree for themselves, their successors and assigns as follows: SECTION 1. DUTIES OF WHHS WHHS is responsible for implementation of all facets of Project AIR. These duties include: 1.1 Marketing: WHHS will promote Project AIR through advertising, mailings or other direct communications. In any advertising, mailing or other direct communications about Project AIR, WHHS will disclose that the project is jointly sponsored by WHHS, the City of Brooklyn Center, and Minnegasco and that Minnegasco ratepayers are funding a portion of the project. • 1.2 Selection and Scheduling of Participants: WHHS will create and implement a procedure to select up to 100 low income homeowners, as defined by the City (see Section 2.2), who are Minnegasco residential heating customers on the day of the Project AIR visit. 1.3 Referral and Assistance: WHHS will inform all applicants for and participants in Project AIR of the various assistance programs offered by the Energy Division of the Minnesota Department of Public Service, the Minnesota Department of Jobs and Training, the City of Brooklyn Center and other local agencies. WHHS will assist any applicant or participant in seeking assistance from other programs for which they may be qualified. 1.4 Customer Release Form: WHHS will obtain signed authorization from each participant in Project AIR allowing Minnegasco to release their consumption data to WHHS or the subcontractors. WHHS will have these authorization forms on file and will make them available to Minnegasco upon request. 1.5 Project AIR: Project AIR is described in Section 4 of this Agreement. WHHS will ensure Project AIR is delivered in accordance with the project description in Section 4 of this Agreement. 1.6 Project AIR Forms: WHHS will provide, for Minnegasco and the City's approval, Project AIR forms that document pertinent information concerning each Project AIR visit, including labor hours spent on each task and a clear designation between improvements installed and improvements recommended. Project AIR forms will include: o Participant name, address, and telephone numbers; o Minnegasco account number; o House volume and square footage; o Labor hours spent on each task; o Pre and post blower door test results; ° A list of improvements installed in the residence; o A list of improvements recommended to the participant; o Participant's signature and date of visit; o WHHS or subcontractor telephone number for participant to call if clarification or additional information is desired. Project AIR forms will be available in triplicate- -one copy for the participant, one copy for WHHS, and one copy for Minnegasco. 1.7 Participant Information: WHHS will provide Minnegasco, upon request, any participant information it obtains to fulfill WHHS's and the City's obligations under this Agreement. 1.8 Selection of Personnel /Subcontractor: WHHS is responsible for the personnel selected to administer and perform Project AIR (see Section 2.3). WHHS will take bids for a qualified subcontractor to do the required work. Prior to the subcontractor's acceptance, Minnegasco, the City, and WHHS must approve the subcontractor. 1.9 Certification of the Work: Within ten working days of the sub- contractor's submission of its invoice to WHHS, WHHS will approve or disapprove the work. If WHHS disapproves the work, the subcontractor will have fifteen working days to cure any problems and resubmit the invoice. WHHS will not pay the subcontractor if it fails to correct the problems. 1.10 Monthly Progress Report: WHHS will submit a monthly progress report to Minnegasco and the City by the 10th of each month. The report will include: o The promotion completed; o The number of homes contacted, scheduled and completed; ° Other items which indicate the progress of the project. 1.11 Follow -up Duties: Between thirty and sixty days following the completion of a Project AIR visit, WHHS will contact each household to solicit feedback on the effectiveness of the visit, including: o Name and address of household; o Family size or number of persons in household; ° Income category of household; o Age of home; ° Previous energy workshop or weatherization experience; and ° Information on additional energy conservation actions taken by the household as a result of knowledge acquired through the Project AIR visit. If action is pending, WHHS will re- contact the household to obtain the required information within one month of the date of the pending action. WHHS will further obtain the following ratings from participants: o Subcontractor's knowledge of subject matter; o Courteousness and helpfulness of subcontractor; o Quality and neatness of installed weatherization workmanship; ° Usefulness of information presented; o Clarity and understandability of the information presented; o Courteousness and helpfulness of WHHS energy office staff; and ° Other follow -up which has taken place by the homeowner or WHHS energy office staff. 3 To ensure information is consistent, WHHS will use the questionnaire provided by Minnegasco. 1.12 Survival: Sections 1.10 and 1.11 shall survive termination of this Agreement until the tasks described therein are completed. SECTION 2. DUTIES OF THE CITY 2.1 Marketing: The City will assist in promoting Project AIR through advertising, mailings, and other direct communications. 2.2 Selection of Participants: The City will recommend to WHHS low income homeowners who are Minnegasco heating customers for possible participation in this project. The City is responsible for defining "low income" for its community. The definition will be provided to Minnegasco for approval and to WHHS for use in selecting participants for Project AIR. Payments hereunder, however, only pertain to Minnegasco heating customers. 2.3 Selection of Personnel /Subcontractor: The City will participate in the selection of a subcontractor to perform Project AIR. SECTION 3. DUTIES OF MINNEGASCO 3.1 Pre - Retrofit Consumption History: Minnegasco will make available to WHHS or the subcontractor the pre- retrofit 12 -month consumption history for each participant in Project AIR for whom WHHS has on file a signed consumption release authorization form. Heat factor, base factor and total annual consumption will be made available telephonically if necessary. If WHHS or the subcontractor desires a consumption history print -out, Minnegasco will need a minimum of 5 working days to obtain the history and mail it to WHHS. 3.2 Post - Retrofit Consumption History: Upon request by WHHS, Minnegasco will make available to WHHS the post - retrofit 12 -month consumption history for each participant in Project AIR for whom WHHS has on file a signed consumption release authorization form and where there has been no change in residency of the involved dwelling unit. The consumption history print -out on these residences will be provided within 30 days of the request by WHHS. 3.3. Informational Publications: Minnegasco will provide available Minnegasco informational publications for the subcontractor to provide to residents who participate in the project. 4 SECTION 4. PROJECT AIR WHHS may subcontract with a qualified subcontractor to complete the weatherization improvements listed in Sections 4.1 -4.3. These improvements will be based on reductions of air leakage which will be measured by depressurizing the home and calculating Cubic Feet per Minute (CFM) of air flow through the blower door at 50 Pascals (50 Pa). The calculations may be modified by height, wind shielding, and leakiness correction factors as developed by Lawrence Berkeley Laboratories and adapted to Minnesota by the Energy Division, Minnesota Department of Public Service. WHHS will establish a goal for the subcontractor to reduce the correctable air infiltration rate of each home by an average of 40 %. Homes will not be tightened beyond the following limits: o For homes with 5 or less current or potential occupants (estimated at 2 occupants per bedroom): 1200 CFM at 50 Pa. o For homes with 6 or more current or potential occupants (estimated at 2 occupants per bedroom): Number of occupants times 225 CFM at 50 Pa. The subcontractor shall perform blower door tests throughout the day, at appropriate intervals, to insure that the house is not tightened below the CFM limits stated above and to determine whether further air infiltration reduction is practical, safe and cost effective or whether the subcontractor should perform non -air infiltration reduction measures listed in Sections 4.2 and 4.3. The subcontractor shall document the rationale for the decision to discontinue air infiltration reduction measures and implement non -air infiltration reduction measures. No home shall he left at an infiltration rate less than the above stated limits to ensure the home remains above nationally recognized safe ventilation levels. Each home is subject to the cost limitations stated in Section 6. 4.1 Reduce Air Infiltration o Seal leakages into attics, including but not limited to those around light fixtures, chimneys and flues, soil stacks, wiring, partition walls, dropped ceilings over cabinetry and closets; o Weatherstrip attic entries; o Caulk interior ceiling moldings with clear paintable caulks; o Caulk interior window jambs, trims, stops, stools and sills as needed; o Install pulley seals to window pulley holes; o Adjust or replace window sash locks; o Caulk interior door trim and jambs; o Repair or replace door weatherstripping and sweeps; o Weatherstrip windows in poor condition; o Install air conditioning cover on window air conditioners which remain in the window all year; 5 o Install gaskets for electrical outlets and switches and insert safety plugs with gaskets into unused outlets; o Seal plumbing entries into partition walls; o Caulk baseboards; o Caulk penetration in basement of crawlspace ceiling; o Caulk rim joist area; and o Caulk sill /foundation joist. All caulking shall be clear silicon or silicon /latex. 4.2 Install /Replace or Recommend Replacement /Installation of Insulation in the following areas: o Attic entries where missing or damaged to meet a minimum of R -19; o Rim joist area to R -19; and o Knee wall area to R -19 where missing. 4.3 Improve or Recommend Improvements to Heating and Domestic Hot Water (DHW) System Efficiency relative to: o Heating duct joints in unheated areas; o Furnace filters, including advising homeowners on replacement procedure for a filter needing replacement; o Placement of furniture, draperies or carpeting so these articles do not inhibit heat distribution and advise homeowners of the importance of unobstructed heat distribution; o Comparison of thermostat setting with actual temperature to check for any variance; o Insulation of ducts and hot water pipes in attics, crawlspaces and other unheated areas; o Installation of flow restricters for faucets and showers. SECTION 5. COSTS 5.1 Costs of the City: The City is responsible for all costs incurred in performing its duties. 5.2 Costs of WHHS: WHHS is responsible for all costs incurred in performing its duties. 5.3 Costs of Minnegasco: Minnegasco is responsible for all costs incurred in performing its duties. SECTION 6. COMPENSATION 6.1 Start -Up Costs: Minnegasco will advance WHHS a total of $820 for start -up costs. This amount will be considered payment for the first $820 worth of Project AIR visits. 6 6.2 Project AIR Visits: Minnegasco will pay WHHS $205 per 8 -hour Project AIR visit or $410 per 16 -hour Project AIR visit completed and certified by WHHS, excluding the first $820 as specified in Section 6.1 above. 6.3 Invoicing: WHHS will invoice Minnegasco by the 10th working day of each month for work completed and certified the previous month. WHHS will simultaneously forward a copy of the invoice to the City. If for any reason the City disapproves of any portion of the invoice, the City will notify Minnegasco of such with 10 days of the date of the invoice. If the City approves the invoice, no action need be taken and Minnegasco will assume approval. Minnegasco will submit payment within 30 days of receipt of the invoice. The invoice must list: o Names, addresses, and Minnegasco account numbers of households included in the invoice; o Total number of visits being invoiced; and o Total amount of the invoice. The terms of Section 1.9 must be completed for each listed home prior to invoicing. Project AIR forms for each participant listed on the invoice, including a copy of the pre and post blower door test computer printouts, and the Progress Report must accompany the invoice. 6.4 Limitations: For the duration of this Agreement, funding for Project AIR is limited to 100 8 -hour Project Air visits, or 50 16 -hour Project AIR visits, or a combination of the two not to exceed a maximum total funding of $20,500. This Agreement further limits funding to a maximum of $10,250 for the first nine -month period of this Agreement and $10,250 for the second nine -month period. If the maximum amount is not spent in the first nine -month period, no carry -over or accrual to the second nine -month period will be permitted. SECTION 7. GOODWILL The City and WHHS agree that any of their respective employees, independent contractors or other persons performing any duties required of the City or WHHS under this Agreement shall be instructed to avoid words or actions that would convey a negative image for Minnegasco. Should an event occur that violates this provision, the City, WHHS, and Minnegasco will mutually agree as to the necessary corrections to be made. SECTION 8. MPUC APPROVAL The terms of this Agreement are dependent upon MPUC's approval of the request by Minnegasco to operate this project in Brooklyn Center. Unless this Agreement is prohibited by the MPUC, or recovery of project costs through natural gas rates is disallowed by the MPUC, 7 • • this Agreement shall be in force through April 30, 1990. If approval is withdrawn, Minnegasco shall notify the City and WHHS and thereafter performance by the parties will not be required. SECTION 9. LIABILITY AND INDEMNIFICATION 9.1. City's Obligations: The City shall indemnify and hold harmless Minnegasco and WHHS against any claim, loss, judgment, liability, or expense for damage to any property, or for death or injury to any person caused by or arising from the negligent acts or omissions or willful misconduct of the City's officers, employees, and representatives during its performance of its duties under this Agreement; provided, however, that this Agreement to indemnify and hold harmless is not a waiver by the City of the limits on liability provided in Minnesota Statutes, Chapter 466, and the City shall not be obligated to indemnify and hold harmless Minnegasco or WHHS in excess of the limits provided therein. 9.2 WHHS's Obligations: WHHS shall indemnify and hold harmless Minneoasco and the City against any claim, loss, judgment, liability, or expense for damage to any property, or for death or injury to any person caused by or arising from the negligent acts or omissions or willful misconduct of WHHS's officers, employees, and representatives during its performance of its duties under this Agreement. 9.3 Minnegasco's Obligations: Minnegasco shall indemnify and hold harmless the City and WHHS against any claim, loss, judgment, liability, or expense caused by the negligent acts or omissions or willful misconduct of Minnegasco, and its agents and employees during its performance of its duties under this Agreement. SECTION 10. INSURANCE The City and WHHS will have the following insurance: (1) General Public Liability Insurance policy (including owned and hired vehicles) with a $600,000 combined single limit policy which includes protection against personal injury and property damage; (2) Automobile Public Liability Insurance policy (including owned and hired vehicles) with a $600,000 combined single limit policy which includes protection against personal injury and property damage; and (3) Workers' Compensation insurance according to applicable statutory requirements. The City and WHHS will provide certificates of insurance upon request. Minnegasco has General Public Liability Insurance and Automobile Public Liability Insurance in excess of $25 million. Minnegasco has Workers' Compensation Insurance according to applicable statutory requirements. Minnegasco will provide certificates of insurance or other evidence of the insurance upon request. SECTION 11. COMPLETE AGREEMENT This is the parties complete Agreement and cannot be modified except by a written amendment signed by all parties, except as specified in Sections 7 and 8. SECTION 12. NOTICES All notices under this Agreement will be deemed delivered when mailed, postage paid, to the other parties at the following addresses: If to Minnegasco: Susan K. Nathan Administrator Energy Programs Minnegasco, Inc. 201 South 7th Street Minneapolis, MN 55402 MINNEGASCO, INC. B ��:t 0 Phi l l i'p R. Hammond Vice President Gas Supply & Regulatory Admin. Division Dated: VZAS�, If to WHHS: Bruce Larson West Hennepin Human Services 4100 Vernon Ave. So. St. Louis Park, MN 55416 WEST HENNEPIN HUMAN SERVICES 4 i ? I J./A 14. Ma ...Shapiro Exec.tive Director 9 If to the City: Geralyn R. Barone City of Brooklyn Center 6301 Shingle Creek Pwy Brooklyn Center, MN 55430 SECTION 13. TERMS This Agreement shall be in effect from November 1, 1988 through April 30, 1990. CITY OF BROOKLYN CENTER By Dean Nyquist Mayor Gerald Spl ter City Mana' r Dated: Member Gene Lhotka moved its adoption: December 5, 1988 Date RESOLUTION NO. 88 - 2fl introduced the following resolution and RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH MINNEGASCO AND WEST HENNEPIN HUMAN SERVICES PLANNING BOARD FOR A COMMUNITY ENERGY PROGRAM (PROJECT AIR) WHEREAS, Minnegasco is making funds available for operating a community energy program, known as Project Air, in the City of Brooklyn Center; and WHEREAS, the West Hennepin Human Services Planning Board has been the lead agency in coordinating and implementing similar community energy programs in other metropolitan cities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the mayor and city manager are hereby authorized to enter into an agreement with Minnegasco and West Hennepin Human Services Planning Board, for a community energy program known as Project Air. • BE IT FURTHER RESOLVED that West Hennepin Human Services Planning Board is hereby designated as administrator of the program. ATTEST: 6t Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott , and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following against the same: none, whereupon said resolution was declared duly passed and adopted. • • SUGGESTED INCOME LEVELS PROJECT AIR The following are low- income levels used by various governmental programs to determine eligibility for participation. FAMILY 1989 ENERGY 185% OF 1989 SEC. 8 HSG. 1989 SEC.- 8 HSG. SIZE POVERTY LEVEL ASSISTANCE POVERTY (1) VERY LOW INCOME LOWER INCOME 1 5,980 8,100 11,063 1 4,800 X3,700 2 8,820 10,590 14,837 16,900 27,100 3 10,060 13,085 18,611 19,050 30,450:: 4 12,100 15,730 22,385 21,150 33,850 5 14,140 18,375 26,159 22,850 35,950 6 16,180 21,020 29,933 24,550 38,100 7 18,220 23,665 33,707 26,250 40,250 8 20,260 26,310 37,481 27,900 42,300 The above income levels are provided as possible levels to be set by the Community Energy Council for participation in Proiect AIR. No verification will be required of participants. Eligibility will be self - declared (1) In 1989 the Minnesota State Legislature revised the legislation governing the Conservation Improvement Program (CIP). As part of this revision, residential programs funded under CIP must spend at least half of the funds on residential programs that directly address the needs of renters and low- income families and individuals unless an insufficient number of appropriate programs are available. HOME ENERGY CHECK -UP PROGRAM Suggested target groups for free audits under this program are: 1) Elderly; 2) handicapped; 3) low to moderate income as defined by the income criteria for Project AIR and 4) renters. SECTION 1. DUTIES OF THE WHHS AMENDMENT TO PROJECT AIR AGREEMENT THIS AMENDMENT to the Project AIR Agreement for the period November 1, 1988, through April 30, 1990, among Minnegasco, Inc. (Minnegasco), West Hennepin Human Services (WHHS), and the City of Brooklyn Center (City), is effective September 1, 1989. RECITALS Minnegasco, WHHS and the City entered into a Project AIR Agreement for 100 8 -hour Project AIR visits at $205 each or 50 16 -hour Project AIR visits at $410.00 each or a combination of the two for the period November 1, 1988 through April 31, 1990. Program participants were to be "low income" as defined by the City and approved by Minnegasco. During the 1989 Legislative Session, the Minnesota Legislature amended the existing Conservation Improvement Program legislation, defining "low income" as 185% of the Federal Poverty Income Guidelines. By law, a minimum of 50% of all residential programs must target "low income" persons. This amendment to the law is effective July 1, 1989. NOW, THEREFORE, Minnegasco, WHHS and the City agree to amend certain sections of the Agreement as follows, with all other provisions of such Agreement remaining unchanged: 1.2. Selection and Scheduling of Participants. WHHS will create and implement a procedure to select up to 100 low income homeowners who are Minnegasco residential heating customers on the day of the Project AIR visit. Low income is defined as either 185% of the most recent Federal Poverty Income Guidelines or the most recent Section 8 Lower Income Guidelines, whichever is greater. A minimum of fifty percent (50 %) of all participating households must fall within the low income limits as defined by 185% of the most recent Federal Poverty Income Guildelines. SECTION 2. DUTIES OF THE CITY 2.2. Selection of Participants: The City will recommend to WHHS low income homeowners who are Minnegasco heating customers for possible participation in this project. Payments hereunder, however, only pertain to Minnegasco heating customers. • IN WITNESS WHEREOF, Minnegasco, WHHS and the City have executed this Agreement. MINNEGASCO, INC. WEST HENNEPIN CITY OF BROOKLYN CENTER HUMAN SERVICES B y : By: By: Phillip R. Hammond Marcia Shapiro Dean Nyquist Vice President Executive Mayor Gas Supply & Director Regulatory Admin Dated: Dated: Dated: By: Gerald Splinter City Manager ITEM DESCRIPTION: DEPT. APPROVAL: .40 CITY OF BROOKLYN CENTER Council Meeting Date 9/25/89 Agenda Item Number 9 b REQUEST FOR COUNCIL CONSIDERATION III *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** RESOLUTION CERTIFYING TREE REMOVAL COST TO THE HENNEPIN COUNTY TAX ROLLS *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * * * * * * * A=4* *R* * �R *2 * * * * *B* * * * * *n* * * * * *, * ** * * ** * :� * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached Yes ) Explanation One tree removal assessment was contested at the 9/11/89 public hearing on the proposed assessment rolls. The property owner presented several complaints, including a claim that her property had been damaged. The Council tabled consideration of that particular assessment until staff had had the opportunity to investigate the complaints. The attached staff report summarizes the property owner's complaints, and the staff responses to them. Briefly, the tree contractor did not cause any damage; there were minor problems with the property owner's gate and with her clothesline, which the tree inspector fixed for her. The property owner stated at the hearing that when she called in her complaint to the Engineering office in July, she got no response. Engineering records show that her complaint was referred to the tree contractor, who inspected the property at that time and found no damage. He did nothing further, and no further followup was made from the office. Complaint procedures will be tightened up to ensure that all complainants receive notice of the outcome of their complaints. Among the property owner's complaints even though the stump was not removed the owner's contract initially agreed removed, the contractor was unable to that the stump cannot be removed, the be reduced from $297 to $231. was that she was billed for stump removal . As the attached staff report indicates, to stump removal. After the tree was remove the stump. Since the owner agrees cost assessed against her property will Staff Recommendation A resolution certifying the reduced assessment for tree removal cost to the Hennepin County Tax Roll is attached for council consideration. • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING TREE REMOVAL COST TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the Tree Inspector of the City of Brooklyn Center has caused the removal of a tree at 6730 Perry Avenue North within the City during 1989 under the authority of Minnesota Statutes, Section 18.023 and by written agreement with the owner of this property; and WHEREAS, the costs and expenses involved were included on the assessment roll discussed at a public hearing held by the City Council on September 11, 1989; and WHEREAS, the owner of record of this property was in attendance at this hearing, and informed the City Council that the assessment included the cost of removing both the tree and the stump, and the stump was not removed. The City's tree inspector has found that the City's tree contractor cannot remove the stump, and has reduced the removal cost accordingly; and WHEREAS, an assessment roll, a copy of which is attached hereto and made part hereof by reference, has been prepared by the City Clerk, tabulating this property with the amount proposed to be assessed to this property reduced from $297 to $231; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for tree removal costs: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, as follows: 1. Said assessment roll of tree removal cost is hereby adopted and certified to be added to the previously certified levy: Tree Removal costs less than or equal to $300 Levy No. 11464 2. Such assessment shall be payable in three equal annual installments extending over a period of years as listed below. The first of the installments to be payable on or before the first Monday in January, 1991, and shall bear interest at the rate of ten (10) percent per annum from October 1, 1989. To the first installment shall be added interest on the entire assessment from October 1, 1989 until December 31, 1990. To each subsequent installment when due shall be added interest for one year on all unpaid installments. • • RESOLUTION NO. ATTEST: 3. The owner of this property so assessed may at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the succeeding year. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Date 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. MUNIC CODE NO. 22 LEVY PROJECT PROPERTY NO. NO. IDENTIFICATION NO. I 11464 (33- 119 - 21-11 -0047 1 I CITY OF BROOKLYN CENTER DISEASED TREE REMOVALS Page 1 of 1 SPECIAL ASSESSMENT CERTIFICATION ROLL 3 YEAR LEVY PROPERTY ASSESSED OWNER Additional Notification ADDN. TOTAL Address Name Name NO. PRINCIPAL Addition /Legal Description Mailing Address Mailing Address 89570 $231.00 6730 PERRY AVENUE NORTH LOT 3, BLOCK 3 MARSTAN PLACE $231.00 • • MARY F LEE 6730 PERRY AVENUE NORTH BROOKLYN CENTER, MN 55429 C B ROO k LYN C ENTER September 18, 1989 MEMORANDUM TO: Sy Knapp FROM: Diane Spector SUBJ: Two Tabled 1989 Special Assessments 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 EMERGENCY - POLICE - FIRE 911 The City Council at its September 11, 1989 special assessment hearing tabled the certification of special assessments on two properties. The Council requested additional information regarding those assessments, which is provided below. Diseased Tree Removals. 3 Year Levy Mary F. Lee, 6730 Perry Ave. N, 33- 119 -21 -11 -0047: Ms. Lee stated at the hearing that: 1) The tree inspector promised her 24 hour advance notice before the tree was taken out, and the tree contractor arrived and removed the tree without notice and while she wasn't home; 2) The contractor entered through the wrong gate, and damaged the gate; 3) The stump was not removed, but she was charged for its removal; 4) She had called the Engineering Department and filed a complaint, but got no response, no satisfaction, and no apologies; and 5) Her washline pole was also damaged. I have met with the tree inspector, Oleander (Ole) Larson, and the contractor, Pat Gessell of North Wood Company, and reviewed the records regarding this tree removal. Both Ole and Pat inspected the property on the morning of September 14, 1989, and Ole met with Ms. Lee that evening for about one -half hour. My findings are below. 1) Both the inspector and the contractor attempted to contact Ms. Lee. She is not home during the day, but has an answering machine to take her telephone calls. They did not receive answers to their calls. Since the contractor was behind schedule, he elected to go ahead and take the tree. 2) The contractor did not enter Ms. Lee's yard through her padlocked gate. Her neighbor gave Pat permission to use his driveway and yard. Pat backed the truck up to Ms. Lee's fence, crossed over the fence by climbing off the truck, and took the tree. Truck marks on the neighbor's lawn show where this was done. As for the damage, the gate's hinges were loose; since the gate was hanging crooked, it would not open all the way. As noted, the tree crew did not use the gate. 3} The tree was originally marked for stump removal, even though the fence and a bush were obstacles, because Ms. Lee indicated she would take down the fence and was not concerned if the bush was damaged. After the tree was removed and the stump was ready for removal, Ms. Lee changed her mind regarding the fence and bush. Because the City's contractor's stump grinder is too big to get into the backyard without removing the fence, it is now impossible for him to remove the stump. The assessment roll was prepared prior to my knowledge of this change, and does include a charge for removal of the stump. - 4) Jill Norlander's notes on this particular tree show she took Ms. Lee's call, and passed along a note to Pat alerting him to the complaint. Pat attempted to contact Ms. Lee, but was not able. At that time he did inspect the property for damage but found none, and did not follow up any further. If Pat had found damage, he would have continued to try to make contact until the matter was cleared up. 5) Pat indicates that no part of the tree was dropped on the pole. The poles are bowed in, but this appears to be the normal wear and tear. Ms. Lee indicated to Ole that what was that in restringing her poles after the tree was removed, broke her clothesline. clothesline result of she meant she I have spoken with Ms. Lee and she has been satisfied by our follow up. The following actions have been or will be taken: 1) When Ole met with Ms. Lee on the evening of the 14th, he showed her the truck tracks on the neighbor's lawn, and informed her that it was her neighbor who gave permission to take the tree that way. Her signed contract gave the tree contractor permission to enter the yard, but he did not enter through the gate. Ole did tighten the, gate's hinges for her so that it was straight and would open completely. 2) Ole reiterated to Ms. Lee that without removing the fence, the stump could not be removed by the City's contractor. She understood, and Ole provided her the name and number of a contractor who could take the stump. The assessment will be reduced from $297 to $231 to reflect removal of the tree only. :3) Ole purchased from Street Department funds and delivered to Ms. Lee a new clothesline (approximately $7). 4) Complaint follow up procedures will reviewed for possible modification when the 1990 program is being developed. Weed Removal Costs Ronald /Beth Sandberg, 702 - 53rd Avenue N, 01- 118 -21 -34 -0025: The Sandbergs stated that they had not received notice from the City that these weeds were due to be, or had been cut. Their first notification was the notice of assessment hearing, a 14 -day notice. The following facts are relevant: 1) The weeds were cut September 1, 1988. The Sandbergs took possession of the property September 30, 1988. 2) The Sandbergs on October 6, 1988 Homesteaded their new property. The new owners' names were added to the Assessor's data base the next day. The names and mailing addresses on this data base are used for all mailings. 3) The previous owners were notified on November 18, 1988 by certified mail of the charges for cutting weeds on the property. 4) The notification was returned to the City on November 28, 1988, indicating that a forwarding order had expired. At the time the November 18 mailing was made, the names and mailing address for this property were not updated from when the original cutting notice was made. When the certified mail was returned indicating the owners had moved, the names and mailing address were not updated. This doublechecking is the usual procedure. 6) When Minnesota Title did an assessment search for the Sandbergs, this weed cutting charge was not found. • fiv CITY OF BROOKLYN CENTER HOMESTEAD APPLICATION Print Name /s Name 1.) PO noJ - C U b o they appear 1 aU 1� , on n Deed: Name 2) R _ l� ' I/We hereby swear and -attest that I /we own and occupy the property described below and apply for a Full Homestead ; 7 , 19/55_ Mid -Year f-Jomesteaci 19 id ? � Address: ( Th /'l t, . /0 �l !�( I'1 > �� A'AJ Legal Description:�''f? eGt`�" 1,� �fi- C �� 10 6IoGL [1L'c /�f"� F- Date Purchased "•;0 "37 Signature: Signature: , Clerk ,/ Type of Financing: FHA Y MGIC (Check One) GI CASH C/D CONV Date (2 Date Moved In: Was purchased from friend, relative, forced or auction sale? * Yes *If yes, explain briefly Total Purchase Price: $ on • ()() ASSUME OTHER (Explain) Previous Address: Street a (/ 5 iV G 401 City, County - '1"!U n - 6y �10 State, Zip 1 55-3 / t �� Present Phone: �} �Q`'i Previous Phone: 5r 1 'O `-C NOTE PENALTY "Whoever, in making any statement, oral or written, which is required or authorized by law to be made as a basis of imposing, reducing, or abating any tax or assessment, intentionally makes any statement as to any material matterwhich he knows is false may be sentenced, unless otherwise provided by law, to imprisonment for not more than one year or to payment of a fine of not more than $1,000, or both." SEC. 609.41 MINNESOTA STATUTE, 1963. Date I ` —2, Date Date f o- -r - �ffice Use Only) % _ Verified with Sales Certificate: Yes No Price: S 6 60 as % 4 5- I� Full H.S. Mid -Year Non H S Year cs'�7 Comp �� Type of Deed WO Clerk BROOKLYN CENTER ASSESSOR'S OFHICE — 561 - 5440 1 M 1 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 W✓ =- AppL Date /6 -f' - PID# 6( / i " . / 3 r • • MINNESOTA TITLE 0 7. FYPF 07 7087 111A 4 0 VA 1 7J l..71A 5 0 cars wS C. 7011: 174. In.n ., 1.w..e■■•■ on F„^•• a 1,7en...r e1 actual tem....w. real. 4rw.w.,s ,..s I, !fed hr .he ,.01e...nr sent a.. h.•• 7 o , ..Iwn.,ww.M meeove, and w. not ..r1.w1,A w the trot.ft 0. 0AM7 A 0 4007753 07 onnors h Ronal J. Sand Beth R. Sandberg 5846 2 1/2 Street NE Fridley MN 55432 0. Pn0r1Rry tOCAf10.7 Hennepin County 702 53rd Avenue North Brooklyn Center Minnesota 55430 J. SUMMARY OF 00000WEn'S IMNSACIION 100. 00035 AMOUNT DUE ,ROM OOROOWEft Contract islet pries 102. retson,l prnpetly 103. Se(tlirninl Flr ergit In boa, w; hair U o1 '.' 104. 204 Application Fee P00 208 208 Adpstm.nl tar ilann •,,paid h tette. 110. Clq /70wn text .'; . i • r . 2 Connie taxes r f72 A77HSm1011 4 213. 214.:.'v11•�:I' i 1 ,h+ L.;i:. ' 302. Less amount paid by /lot borrows, pins 2201 TIM 260 ,.v. 6/66 1001 -7457 U.S. RErAnlMENf 0T /101151743 770 170787 nyvrtormE NI BonnOWEns IJ C11740 11410 SETTLEMENT STATEMENT A III/ NU40(7 599965 - L F. r10■E A40 4007(77 07 070(77: Tinothy Fetch Michele R. Felch 312 West Avenue Red Wing MN 55066 H. 1717(171770 AGF47' MINNESJrrt- TIZIfi Closer- Kathleen Sharp PM"( OF 1Ft IMAM 13700 - 83rd Way Maple Grove, Minnesota 55369 53,900.00 3,235.06'T Adjusrm tom for Henn paid by saw in advance Clry /town 11714 101 County lore. 1988 3/12 ' 108,wbftellment '0 . , Tr y -i "'.? 109. 711 1 112,d•`i i:(:1't, t 7. .t... i'v a. 720. GROSS AMOUNT DUE FROM BORROWER 57, 236.30 200. AMOUNTS PALO BY OR IN BEHALF OF 00000076: ' 201,1 Deltoid 61 11,411 moss 77: L 500.00 202. ... Principal amount 01 new (oan71) 53,872.00 3. •770 E,itting loans) taken 716,7444 7. • r •,: T 101.24 215 218. ,':hP;tl•:�try..;:.r. 21/. 219 220. TOTAL PAID BY /FOR BORROWER 300. CASH AT SETTLEMENT FROM /10 BORROWER 301. Gross anlmrnl due lien beneow (ins 1201 1 ' . )f'•�1 • ' . . ! 5 7 , 236.30 ' 54,372.00 54,372.00 2,864.30 PIN i 01- 118 -21 -34 -0025 447,091 7. 50MM4111 OF SELLERS TRANSACTION 400, GROSS AMOUNT DUE TO SELLER: 401. Contract sales arks . ''� . ! - : 401. re „Anal pmpeny 404. 406. Ad)0,imenss ler lams paid by totter M ate,. fn.m A„mwA0M7 Ne 7707 n1A5 8. 7100,7.747.E INSOOANCE CASE N0. 271 - 447934 -4 53,900.00,. 85 Fast 7th Street, 11200 St. Paul, Minnesota 55101 L 171114 DATE- CLOSING DATE: 9/30/88 PAYOUT DATE: 9/30/88 i. NAME 870 6008710 OF 717017 - 120111SCf I1LD FINMJC IAL CORPORATION wwbed ' l0 . , r wan eaa ....FR the rim.., th., we ear* 408. dry /town laws .. .. 401. Comte tares 408 Asesssmente'r: 409. 410.•1 411. 412. '. , F;)•' • 420. GROSS AMOUNT DUE 10 SELLER 53,900.00 500. RE00CT(0R3 18 AMOUNT DUE TO SELLER: 501. Freest deposit (pea 4lstretlom1 - 502. Settlement thirties to sell.. pins 1400) 503 Eslatlno Loan(.) taken-.biota 504. Payoll of lint morl9a974 loan 505. Payd(d ascend tele.ltia hen , " 508. Corporation of the President 40,098.10 50 : Express 14.00 508. - 5 09. - - - - r.' +.- .. •.r. Adjoslmente In 0..., .7rid by seller 510. Oh /town laws r • , -.;J t f: "' • 511. Courtly tam 1988 3/12 b Spec. 177.75 si t - Aioi,;1eM. - ^7 11rookl3in Conte - €77 7 =320.70 513. NITS 1989 taxes 1,055.00 , ., ; ,, 514. • ,0 r .. . 5, 5. 518. " _511. 678.`;; :;._. , ,:; t 519. 520. 10781 REDUCTION AMOUNT DUE SELLER 800. CASH AT SETTLEMENT 10 /FROM SELLER 601, Otoss smarm due n1w One 430) -• ' ±.: 602. Less reduction in meow dux .ell. (lino 520) 1 v� SELLERS 1 s••• 5,567.14 47,232.69 53,900.00 ' 47.732.69 6,667.31 ' 303. CASH - (YXrnnM1 ID to) 8DnnowEn 603. CASH (MO) (� FROM) SELLER Vwne[ "9 t'OL1Cy 2 94 3U I l.wve e.r.l,dly r.Hw• ,.d s 11U0-1 Seltlwment S17r*Aa(rll 1 ' 6, ho h..l of my knrnvlmlow ,o4 h017,1, w 1 a trim ...t 0110,0717 ,Mh.nmnt 01 an ee0Npls s,w$ nl.hw,.mr M / wry scvy of 0, by mw In This 1t4nlMlon. 1 hw l7,or co stal Yawl 1 h ave on, o J(Y.84i, . A � r c y nceev7A • c i I $erllr!menl S /a1..e,.M. 'Ti3vajP/YGt'b ;61 - hi 172q Q9 gg$ rqoc)') I b 1 v ,+ - 1 �g oo i► ,►i 1 LW1 7 i.D L j0 Y V ..�u� L) 11"24)7P x'11,9 • '11-R . $cP - n p , •► ro prir 17r. :).-d-ro - V GT Pin t 3 - • Dote 0 Hold I? 1 ST NotIco 2ND Notice • i Hoturn Detached from 1'S Foam 7848 -A. I Ott. luau 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 65430 EEL. (l2. :i:l 6223 ON :L ( :i F °(a F0.r!OI';;I:):1::NG • • .I.1/2.2/O. 0 G c a od n• N A no. °< Q 2c E E Q c o 1- o cc O - 0 a Mr. aunt '009t U1JOd Sd .To BENDER (a l'tC) Elf: ON 1:::x:1...1::: 'TO IEE (:II :!M!('II l) r / • 1111 ►acrbi,18011`9G {TRUER EXPIRED' I (III 1111 • f I it riii • 200 P 881 474 626 • NAME: ADDRESS: 702 53rd Ave. N. • EXPENSrS FOR C 'rrING CF NOXIOUS W7 -:-1;5 In accordance with Minnesota Statutes, 1976, Chapter 18, you are hereby requested to pay within 30 days to the City of Brooklyn Center the amount of $ 62.50 for cutting of noxious weeds on the lard described below: Date Cut 9/1/88 Ti.mothv Fetch & Michele McCauchtry Property Identification Number (s) CITY CF BF CCKLYN CENTER 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Brooklyn Center, MN 55430 NOTICE CF COSTS AND 01-118-21-1A-0025 Property Location: lot and boulevard at 702 53rd Ave. N. CCSTS AND EXPENSES Contract price for cutting: 1.25 Hours @ $ 30.00 Pe= hour $ 37.50 Service Charge ($25.00 per parc $ 75 0n Total to be paid $ If the total amount is not paid to the City before Dec_Mber 15, 1988, the costs and expenses shall become a lien in favor of the City, a penalty of eight percent will be added to the amount due, and the total amcurlt plus interest will be certified to the County Auditor to collect taxes upon the land. • Explanation Staff Recommendation CITY OF BROOKLYN CENTER Council Meeting Date 9/25/89 Agenda Item Number 96 REQUEST FOR COUNCIL CONSIDERATION i l l ****************************** ***************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: RESOLUTION REMOVING PROPOSED CHARGES FOR WEED DESTRUCTION FROM SPECIAL ASSESSMENT ROLLS *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: , ****************** /DIRECTOR ,- * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report U Comments below /attached One weed destruction assessment was contested at the 9/11/89 public hearing on the proposed assessment rolls. The property owners stated that they had not received notice of this cost prior to the notice of hearing on special assessments. The Council tabled consideration of that particular assessment until staff had had the opportunity to investigate the complaints. As the attached staff report indicates, the weeds on this property were cut September 1, 1988, and the current owners took possession of the property on September 30, 1988. When the invoices for weed destruction costs were mailed in mid - November, the owners' names and addresses were not updated, and the notice went to the previous owners. When that notice was returned unclaimed, no further followup was made. When a special assessment search was made by the title company in preparation for closing on the property, this weed destruction cost was not found. Since the current property owners did not ever receive notice of this weed destruction cost, and since the weed cutting occurred before they took possession of the property, it is recommended that they not be charged for this cost, and that that invoice be cancelled. A resolution removing this special assessment from the assessment roll is provided for council consideration. * * * * * * * * * * * * * * ** *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached Yes ) • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REMOVING PROPOSED CHARGES FOR WEED DESTRUCTION FROM SPECIAL ASSESSMENT ROLLS WHEREAS, the Weed Inspector of the City of Brooklyn Center has caused noxious weeds to be cut down at 702 - 53rd Avenue North within the City under the authority of Minnesota Statutes, Section 18.271; and WHEREAS, the costs and expenses involved were included on the assessment roll discussed at a public hearing held by the City Council on September 11, 1989; and WHEREAS, the owners of record of this property were in attendance at this hearing, and informed the City Council that the notice of weed destruction and invoice for costs and expenses were made to the previous owners and not the owners of record; and WHEREAS, the current owners of record were not in possession of the property at the time the weeds were cut: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: ATTEST: 1. The assessment of $62.50 levied against the current owners of the property at 702 - 53rd Avenue North, Brooklyn Center, is removed from the 1989 tax roll. 2. The invoice for this account is hereby cancelled. 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. • • CITY OF B ROOKLYN CENTER September 18, 1989 MEMORANDUM TO: Sy Knapp FROM: Diane Spector SUBJ: Two Tabled 1989 Special Assessments The City Council at its September 11, 1989 special assessment hearing tabled the certification of special assessments on two properties. The Council requested additional information regarding those assessments, which is provided below. Diseased Tree Removals. 3 Year Levy Mary F. Lee, 6730 Perry Ave. N, 33- 119 -21 -11 -0047: Ms. Lee stated at the hearing that: 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 EMERGENCY - POLICE - FIRE 911 1) The tree inspector promised her 24 hour advance notice before the tree was taken out, and the tree contractor arrived and removed the tree without notice and while she wasn't home; 2) The contractor entered through the wrong gate, and damaged the gate; 3) The stump was not removed, but she was charged for its removal; 4) She had called the Engineering Department and filed a complaint, but got no response, no satisfaction, and no apologies; and 5) Her washline pole was also damaged. I have met with the tree inspector, Oleander (Ole) Larson, and the contractor, Pat Gessell of North Wood Company, and reviewed the records regarding this tree removal. Both Ole and Pat inspected the property on the morning of September 14, 1989, and Ole met with Ms. Lee that evening for about one -half hour. My findings are below. • • 1) Both the inspector and the contractor attempted to contact Ms. Lee. She is not home during the day, but has an answering machine to take her telephone calls. They did not receive answers to their calls. Since the contractor was behind schedule, he elected to go ahead and take the tree. 2) The contractor did not enter Ms. Lee's yard through her padlocked gate. Her neighbor gave Pat permission to use his driveway and yard. Pat backed the truck up to Ms. Lee's fence, crossed over the fence by climbing off the truck, and took the tree. Truck marks on the neighbor's lawn show where this was done. As for the damage, the gate's hinges were loose; since the gate was hanging crooked, it would not open all the way. As noted, the tree crew did not use the gate. 3) The tree was originally marked for stump removal, even though the fence and a bush were obstacles, because Ms. Lee indicated she would take down the fence and was not concerned if the bush was damaged. After the tree was removed and the stump was ready for removal, Ms. Lee changed her mind regarding the fence and bush. Because the City's contractor's stump grinder is too big to get into the backyard without removing the fence, it is now impossible for him to remove the stump. The assessment roll was prepared prior to my knowledge of this change, and does include a charge for removal of the stump. 4) Jill Norlander's notes on this particular tree show she took Ms. Lee's call, and passed along a note to Pat alerting him to the complaint. Pat attempted to contact Ms. Lee, but was not able. At that time he did inspect the property for damage but found none, and did not follow up any further. If Pat had found damage, he would have continued to try to make contact until the matter was cleared up. 5) Pat indicates that no part of the tree was dropped on the clothesline pole. The poles are bowed in, but this appears to be the result of normal wear and tear. Ms. Lee indicated to Ole that what she meant was that in restringing her poles after the tree was removed, she broke her clothesline. I have spoken with Ms. Lee and she has been satisfied by our follow up. The following actions have been or will be taken: 1) When Ole met with Ms. Lee on the evening of the 14th, he showed her the truck tracks on the neighbor's lawn, and informed her that it was her neighbor who gave permission to take the tree that way. Her signed contract gave the tree contractor permission to enter the yard, but he did not enter through the gate. Ole did tighten the gate's hinges for her so that it was straight and would open completely. 2) Ole reiterated to Ms. Lee that without removing the fence, the stump could not be removed by the City's contractor. She understood, and Ole provided her with the name and number of a contractor who could take the stump. The assessment will be reduced from $297 to $231 to reflect removal of the tree only. • 3) Ole purchased from Street Department funds and delivered to Ms. Lee a new clothesline (approximately $7). 4) Complaint follow up procedures will reviewed for possible modification when the 1990 program is being developed. Weed Removal Costs Ronald /Beth Sandberg, 702 - 53rd Avenue N, 01- 118 -21 -34 -0025: The Sandbergs stated that they had not received notice from the City that these weeds were due to be, or had been cut. Their first notification was the notice of assessment hearing, a 14 -day notice. The following facts are relevant: 1) The weeds were cut September 1, 1988. The Sandbergs took possession of the property September 30, 1988. 2) The Sandbergs on October 6, 1988 Homesteaded their new property. The new owners' names were added to the Assessor's data base the next day. The names and mailing addresses on this data base are used for all mailings. 3) The previous owners were notified on November 18, 1988 by certified mail of the charges for cutting weeds on the property. 4) The notification was returned to the City on November 28, 1988, indicating that a forwarding order had expired. 5) At the time the November 18 mailing was made, the names and mailing address for this property were not updated from when the original cutting notice was made. When the certified mail was returned indicating the owners had moved, the names and mailing address were not updated. This doublechecking is the usual procedure. 6) When Minnesota Title did an assessment search for the Sandbergs, this weed cutting charge was not found. . Print Name /s as they appear on Deed: Signature: , Clerk a /dke---) J CITY OF BROOKLYN CENTER HOMESTEAD APPLICATION - SaMb Name 2.) Be R - u '- Name 1.) I/We hereby swear and attest that I /we own and occupy the property described below and apply for a Full Homestead -r Z , 19 65 ? Mid -Year I-Jomestead , 19 Address: ( /0 9, :. k - ti) r mIL(y1n mkx Mid . g.-t) Legal Description:171l? eCt�r" L,a_-F4- oc (c± to, 6 (ocL 3 Be (hive k a-s tAi Date Purchased: q- ' D D Total Purchase Price: $ !30 of • no Type of Financing: FHA X MGIC ASSUME (Check One) GI CASH OTHER C/D q CONV (Explain) Date Moved In: C '�a' l? Was purchased from friend, relative, forced or auction sale? * Yes No *If yes, explain briefly Previous Address: Street 5 O"Ra 9 ` ( / - )\- 4-21 City, County ^1C.1 t Pi ��- State, Zip MA) 53---3 Present Phone: 04 Previous Phone: NOTE PENALTY "Whoever, in making any statement, oral or written, which is required or authorized by law to be made as a basis of imposing, reducing, or abating any tax or assessment, intentionally makes any statement as to any material matter which he knows is false may be sentenced, unless otherwise provided by law, to imprisonment for not more than one year or to payment of a fine of not more than $1,000, or both." SEC. 609.41 MINNESOTA STATUTE, 1963. Signature: f� ,�.� ` � Date 10 ffice Use Only) No Price: $ 5- 3 ')6 Verified with Sales Certificate: Yes Full H.S. Mid - Year Non H S ✓ Year cff,%V19 Comp s 4 f D I (Fr Type of Deed li'J/I Clerk 0 Appl. Date IG - 6. -, Y'�PID# 6/" 3 V Od.;-- c Date Date / 6- BROOKLYN CENTER ASSESSOR'S OFFICE — 561 -5440 ) d -- "MA iytr 115 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 l�U✓ . A MINNESOTA TITLE N. 101`f nI 11 nIA 7 I onnA T LI COW / IINto 4 LI VA 5 U CONY INS 5846 2 1/2 Street - NE Fridley MN 55432 C. P00rantl' IOCAllne, Hennep County 702 53rd Avenue North Brooklyn Center Minnesota 55430 = 101.' Contred tales pries 102 Personal property 103.Salliement iberpe, to borro I, (line (4o0) J. 104 Adjustment let items paid by seller in advance 708.' CDT /town texas i - hr, 200. AMOUNTS PAID 00 on IN BEHALF OF 80080WE0: 2011. Deposit at earnest mnney ' •i i 202. Principal amount of new ioan1s) :203. Eritlhsq loon(!) taken Iuhjasl la . 204. Application Fee POC `17105 .J j.^L1 177171-7 :? ? f -" • f 200. T'I; kdyflT±•1:t'•t1' 208. Adjuttment for items unpaid by seller 0. City/torten Meet ,'T 31 i:. 211 Counly lases 213 �2t4. TIM 250 rev. 6 /86 1001 -745) 11.5. DEPARTMENT Or 11111151ND AND 110065 nrvr tom NI 107 County Three 1988 (08,. A7Iebmen1;. 4.. ..t% 7 .. . --- 109 71T071'..-7.7,1;e4.:., `1 ,., . 7 77-77 111 2,7E" Tom ' 777 120. CROSS AMOUNT DUE 'nom 8o6n0WER 715 211 ■ 77 :77.77. 7. 216. r: } r i J4 l i +s �•i:�' :.j 219 220 1OTA1 PAID 11Y /FOR . 80880w88 300. CASH AT SETTLEMENT T60M /10 80000WE0 301. Grose ammml due Irom borrower line 1201 i It "•i4' •' ( 57 , 236.30 3112 less amotmt paid by/tor borrower nine 220) ( 54,372.00 ) 2,864.30 3/12 101.24 ; SETTLEMENT STATEMENT 312 West Avenue Red Wing MN 55066 H. $FIIIEM[MT 51111f- MINNCSOTA TITLE Closer- Kathleen Sharp PLAT) OF 11f111MENh 13700 - 83rd Way Maple Grove, Minnesota 55369 53,900.00 401. Contract sales price • 1 . 402. Personal property 3,235.06'' 57,236.30 n nu N0 54,372.00 599965 - L 404. 406. PIN • 01- 118 -21 -34 -0025 447,091 C. NOTE: IMt Inrm 1e hnr.thnd In give yno • et /ement of .r11,, teni. roof Antel.l, pate Ie and by IM lenlement wont ere she. Herne IneM1ed'17et T' WWI* ,aid evltide the therm,. they we Oro.. here Int inlnonenn•.I p and . mr intinded in In, rn,Mt 0. NAME A 0 4000153 Of n E5: nn0W E I)lE A 0 *0014101 OT TWIN: Ronald J. Sandberg 1 •M inotny Felch TWIN: Beth R. Sandberg Michele R. Felch CORPOR7ITION J. SUMMARY OF 80MOWCO5 TRANSACTION N. SUMMARY OF SELLEn'S TRANSACTION 100. 00055 AMOUNT DUE FOOM 00Rn0WEO: 400, (0056 AMOUNT 000 10 SELLER: f_ NAM[ AND ADDRESS OF IEN0EN' 1U111sCU1LD FINANCIAL 85 East 7th Street, •200 St. Paul, Minnesota 55101 53,900.001' SELLS' 5 form Arpneed 0M0 Nn 7007 0765 XXXXX (EX 12 .'t FIG 8. MORICAC) INSURANCE CAS. 140 271 - 447934 -4 1, SITTIAMENT DUI CLOSING DATE: 9/30/88 PAYOUT DATE: 9/30/88 • r, Adjustments for hems pall by teller In advance 408. Clty /town lame ' • �? -' 401. Cattily toes 408. Assessments sr 409. 4(0.'r 411. 412. ,. , F7. r �,. .t,F n i111f <t� 420. 00055 AMOUNT OUE To sf 53, 900.00 500. REDUCTIONS IN AMOUNT DUE TO SHIER: 500.00 501. Eacsn deposit (see Instructions/ 53,872.00 502. Selllemenl charges to seller nine 1400) 77 7 ,-'t• '77777 777 603. frilling loan).) 91484 subject to • 504. Payoff of first mortgage loan ` 605. Pa of second mortgage Tom 506. Corporation of the President 40,098.10 _ Soi- Airbourne Express r ! "'^ '14.00'x 508. s 5,567.14 Adjushnentf tar (lame unpaid by feller 610. Qty /town 1a,., 7 < ): +:.' •. :: 511. County hike 1988 3/12 & Spec. 177.75 1it.Aise»imti;ii 78fOok13 Centi 777120. 70 ^7 5(3. NOS 1989 taxes 1,055.00 514. , n 515. 518.' 511. 519. 620. TOTAL REDUCTION AMOUNT -- DUE SELLER 600. CASH AT SETTLEMENT TO /FROM SELLER 801, 01010 amotmt due seller pine 420) ' '• ' „' 53, 900.00 602. less reduction in amount due seller (line 520) 47,232.69 ( 47.2)2.69 6,667.31 303. CASH IXXin0M8 10 10) OnnnowEn 79_00 - _ 803. CASH (10X10) (0 mu! 5E11E8 Uwne e Pofcy 2 94 .30 I been cnrnlully ervinwnd If n 1100.1 Svinnmenl Sie1Tfi4 bird's* the 1000 01 my annwind0n end belief, it le a tom evert ecanale elntemenl 01 n1110001010 end diehursemer - In my ecru nl or by me In this IreneectMn. I luriber certify Met I hnv, received a crMY al3fsal e • I Settlement Statement. • ,, JUJ 6 01-)Ld kLe A° Q ti s �Z CW 6)L�a f A � Lm, / ', / , Up JCHi r✓L t rtoii c l 30 - titlep 51q1 (,jathil 4 3$.5) 7. I LS a3a . ao q)4 Oz_cik, Le_ t\' cuity_ cul/j/v �1 tAwvim 6cd (1- -al'ab-C Claim Chec N9.. t3 , TER Data CITY ❑ Hold 11-1 1ST Notico 2ND Notice Hoturn Omachcd from P$ Foam 3640 —A, t)ct. 111116 (LYN a 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 66430 • • 0 pi c . C2S S86 aunt `OO9E W Sd i r • �° �'W III � � .. 5' rlOr ,. 111 i .t" 1111 , iaNt1 /41 D1;16 ORDER EXPIRED!!! \s' • ,1 I1 • I'4°:L, 02 .0'22::30Ni 11/22/G8 g V :\\JEU No RETURN f(:1 SENDER NO FORWARDING l..)RDI::.F'. ON FILE 1.Jt'11 11:71...1::. TO FORWARD • NAME: ADDRESS: 702 53rd Ave. N. Date Cut 9/1/88 CITY CF BRCCKLYN CENTER 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Timothy Felch & Michele McCauahtry Brooklyn Center, MN 55430 NOTICE CF CCSTS AND EXPENSES FOR CUTTING CF NOXIOUS WEEDS In accordance with Minnesota Statutes, 1976, Chapter 18, you are hereby requested to pay within 30 days to the City of Brooklyn Center the amount of $ 62.50 for cutting of noxious weeds on the land described below: Property Identification Number(s) 01- 118- 21 -"34 -0075 Property location: lot and boulevard at 702 53rd Ave. N. COSTS AND EXPENSES Contract price for cutting: 1.25 Hours @ $ 30.00 per hour $ 17.50 Service Charge ($25.00 per parcel) $ 7 no Total to be paid $ / Sn If the total amount is not paid to the City before December 15, 1988, the costs and expenses shall become a lien in favor of the City, a penalty of eight percent will be added to the amount due, and the total amount plus interest will be certified to the County Auditor to co llect with taxes upon the land. • • ITEM DESCRIPTION: DEPT. APPROVAL: CITY OF BROOKLYN CENTER Council Meeting Date 9/25/89 Agenda Item Number 9 d REQUEST FOR COUNCIL CONSIDERATION • *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** RESOLUTION APPROVING PURCHASE OF A STATE AID COMPUTER PACKAGE *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * * * * * * * * *� *** * *R * ** O * * ** ** * * * * * MANAGER'S REVIEW /RECOMMENDATION: * * * * * * * * * * * * * * * * * * * * ** No comments to supplement this report / \ v. Comments below /attached 7 *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached Yes ) Explanation The Minnesota Department of Transportation ( MNDOT) has finalized an agreement with AmeriData, a computer equipment dealer, to assist city engineers in purchasing microcomputer workstations. The agreement specifies a standard workstation package; MNDOT will reimburse from regular state aid funds 60% of its cost. The city is responsible for the remaining 40 %, plus any costs for furniture, supplies, and training. This agreement is similar to one implemented last year for county engineers. All Minnesota counties took advantage of this agreement. MNDOT's purpose in subsidizing this package is to facilitate automation of its various functions. Several required reports are now done with pencil and paper at the city, then entered into MNDOT's computer at the State Aid office. These reports are being automated so that the engineer will enter the information directly into MNDOT's computer. The attached memorandum from City Engineer Mark Maloney and Public Works Coordinator Diane Spector describes the various uses to which the computer would be put. Aside from the State Aid Streets functions, the computer would be used by the Engineer to complete his administrative tasks more efficiently and effectively. The City's share of the cost of this package is approximately $3,277. While no additional furniture would be required, a $175 monitor arm would allow the Engineer to place the computer at his desk. There are sufficient funds in the 1989 Data Processing division capital outlay line to fund this $3,452 request, due to favorable purchase prices on 1989 budget items. • • Staff Recommendation The City's Data Processing Advisory Committee has reviewed this memorandum and the package, and has approved this purchase. A resolution has been provided for Council consideration. Member introduced the following resolution and moved its adoption: WHEREAS, the Minnesota Department of Transportation's Office of State Aid has executed an agreement with a computer supplier to provide a standard computer workstation package to city engineers in Minnesota; and WHEREAS, the Office of State Aid has agreed to reimburse from regular state aid funds 60 percent of the cost of this computer package; and WHEREAS, the City's Data Processing Advisory Committee has reviewed the package and approved its acquisition; and WHEREAS, there are sufficient funds in the 1989 Data Processing division capital outlay budget to fund the City's portion of the cost and to purchase a monitor arm. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: ATTEST: Clerk RESOLUTION NO. RESOLUTION APPROVING PURCHASE OF A STATE AID COMPUTER PACKAGE 1. The City Engineer is directed to enter into an agreement with the Minnesota Department of Transportation's Office of State Aid to purchase this standard computer workstation package. 2. The cost of this package and the monitor arm shall be funded as follows: MSA Fund #2613 Division, Object No. 4551 $4,916 3.452 Total $8,368 Date Mayor The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 9d • • September 7, 1989 CI OF TY B ROOKLYN C ENTER MEMORANDUM TO: Sy Knapp FROM: Mark Maloney Diane Spector SUBJ Proposal for Microcomputer for the City Engineer The Minnesota Department of Transportation Office of State Aid has, together with the City Engineer's Automation Committee, finalized its proposal to assist all City Engineers in Minnesota in acquiring microcomputer systems, funded in part from state aid funds. This proposal is similar to one implemented last year for the County Engineers, in which all counties took part. The purpose of MnDOT's proposal is to facilitate the automation of several reporting functions. The annual State Aid Streets Needs and Bridge Inventories have been automated for the counties, and are now being automated for the cities. The state aid system will allow the city engineer access to state Traffic Information Systems and Accident Report data. The State Aid Finance Office is automating its functions, and this system would provide access to that data base for tracking the status of payments, state aid account balances, etc. Finally, an electronic bulletin board will provide an opportunity for city engineers to send and receive electronic mail and share files. The State Aid Office has drafted an agreement with a computer supplier for a complete package. The attached letter from MnDOT, dated August 28, 1989, describes the complete package in detail. In summary, this microcomputer system will be an IBM PS /2 Series 80, with a printer, modem and the following software: Lotus 1 *2 *3, WordPerfect, Metafile /Metaview, and Procomm. The cost of the entire system including installation and warranty is approximately $8,100. The State Aid office will approve reimbursement from state aid funds of 60 percent of that cost (approximately $4,860) and the City will be responsible 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 EMERGENCY - POLICE - FIRE 911 • • Page Two September 7, 1989 for 40 percent (approximately $3,240). The portion to be paid by the City would be funded by Local State Aid, Public Utility Funds, Contingency Funds or some combination thereof. Training, furniture and supplies are the responsibility of the City. Proposal The 1990 Data Processing Division budget request includes funding for an additional Vectra workstation for Engineering. At the time that request was made, it was intended that the existing HP150 be moved to the Administrative Aide's desk, where it would be available for use by the Aide, the City Engineer, and other office personnel. It now appears that we could effectively use two additional workstations - one for the Administrative Aide /office use and one for the City Engineer. We therefore propose that we request to purchase both the Vectra through the budget process and the PS /2 through some combination of MSA, Public Utility or Contingency funds. As noted above, the City Engineer's computer would allow access to MnDOT data, files and electronic mail concerning the State Aid Program. Also, the City Engineer could better utilize his time when performing the routine tasks of composing letters and memos, creating spreadsheets and conducting cost analysis. Higher level engineering functions, when required, would be addressed by computer; i.e. storm sewer design, flood routing, pavement design and analysis, etc. There are a number of projects that could be undertaken by the Administrative Aide which would be completed more effectively with the aid of a computer. The Diseased Shade Tree program, partial payments, bid tabulations and inspection reports are examples of existing engineering functions that could be assigned to the Administrative Aide. The Aide's work station could also be utilized in the future for complaint tracking, street sealcoating inventory and numerous other special projects. Finally, the Aide's computer could function as a back -up clerical work station. Attachment MINNESOTA DEPARTMENT OF TRANSPORTATION OFFICE OF STATE AID TRANSPORTATION BUILDING ST. PAUL, MINNESOTA 55155 August 28, 1989 Phone: (612) 296 -7679 Mark Maloney Brooklyn Center City Engr. 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mr. Maloney: There have been additional decisions made since the Automation Questionnaire was sent to you on July 12, 1989. At the City Engineers Computer Committee meeting on July 20th it was determined that the computer type would be upgraded to an IBM PS2 /Model 8071 which has a 386 processor and 2 megabytes of RAM. This decision was made because many cities had expressed an interest in using their computer systems for CAD. Also, two options were decided on for consultant use of the computer system. The first option is for the consultant to be able to purchase the system at Ameridata prices (with no reimbursement). The second option is for a city who has a consultant to purchase the computer package and receive 60% reimbursement from State Aid; then the city can work out an agreement with the consultant to use the system. The city would maintain ownership of the system and be able to take the system back if it changed consultants. I also would like to clarify some other items which have been addressed in my calls to the cities. This offer for purchasing a computer system through the State Aid Office is only being offered this year. A letter explaining the package and recommended CAD upgrades will be mailed to all cities in mid - September. Orders will be taken by November 30, 1989 to be included this fiscal year and by February 15, 1990 to be included in the next fiscal year. All new equipment purchased and applicable for reimbursement must be included in the standard package. The purchase cost of equipment must be paid by the city initially and when a copy of the invoices has been submitted to the State Aid Office along with a letter from the City Engineer, a 60% reimbursement will be made to the city. The reimbursement is being made from the State Aid Administration account. The remaining 40% must be paid from local funds. It will not affect your future State Aid allocation. The costs of any upgrades of equipment will not be applicable for reimbursement. Listed below are the items which are being included in the standard package to be purchased by the cities. • • ITEM NUMBER IBM -PS2 -8071 IBM -DIS -8513 IBM - PS2 -F360 IBM - PS2 -FD /A OKI -391 S- IBMPCDOS33 S- ASI -PSA /2 • HAY -SM -2400 C -107 MCM -67829 MCM -51785 MCM -94443 A- SMRT +IN STATE AID STANDARD COMrumxc PACKAGE FOR CITIES ITEM DESCRIPTION PS /2 Model 80, 80386 Processor, $7,995 70 MB Hard Disk, 1.44MB Floppy Drive, Video Graphics Array, 2 MB Memory, 16 MHZ, Enhanced Keyboard Color Display - Model 8513, 12" $ 750 IBM 360KB External Floppy Drive $ 475 IBM Floppy Drive Adapter for Model 80 OKIDATA Microline 391 Printer 24 Pin, Wide Carriage C -180 Parallel Cable for Printer IBM Disk Operating System, Version 3.30 Public Sector Administrator Menu Hayes 2400 Baud External Modem Cable - RS232 for Modem Lotus 123 - Version 3.0 Word Perfect - Version 5.0 Procomm the Works - Version 2.42 $ 50 On -site installation and 1 year Warranty Software - Menu Install Customer Hotline Support (1- 800 - 873 -2827) SUBTOTAL TOTAL COST (Ameridata) Metafile /Metaview TOTAL COST (Metafile Corporation) GRAND TOTAL 2 LIST AMERIDATA UPS PRICE PRICE CHARGE $1,100 $ 599 $ 52 $ 595 $ 495 $12,350 $4,550 $6 $ 500 $4 $ 398 $2 $ 70 $ 53 $1 $ 700 $6 $ 49 $ 28 $1 $ 120 $ 80 N/C N/C N/C $ 468 $2 $ 28 $1 $ 377 N/C $ 227 N/C $ 26 N/C $ 250 N/C $ 35 N/C N/C N/C $7,685 $23 $7,708 $ 470 $15 $ 485 $8,193 V SP\ x .t.10 : y , 915.8o C1 +Y % L4O 3,a . .•3 o Sl eik43.00 I want to stress that if you may be considering purchasing a computer, printer, etc. within the next year or two, it would be smart to purchase the entire package or portions of it at the 40% cost. Actually, when you look at list cost, you end up paying less than 27% of the list cost. This ends up being a reasonable system. Any time not needed for State Aid applications can be spent on other needs within your city office. Looking in detail at each individual item described in the questionnaire, I have provided further justification for purchase. 1) We have upgraded the computer to a model 8071, because of the greater processing speed, additional RAM, and greater disk access speed. It meets the needs better for CAD and includes more current technology. We are stressing the importance of a compatible computer so that the applications which are being implemented by the State Aid Office will run on City computers. Also, standard computer systems make it possible to share computer files between other cities, counties, the State Aid Office and other Mn /DOT offices. The 8513 12" display was chosen because it has the VGA color graphics. 3) The External Floppy Drive is being included in the package mainly for exchange of data files from older computers which have the 5 1/4" disk drives within your own city office. If the additional computers in your office have 3 1/2" drives or you are attached to a network, it is unnecessary. 4) The standard printer is also included in the package, because it is important for our programming of applications to have a standard so we don't need to be concerned with printing on several different types of printers. If you already have an IBM Proprinter XL24E (which is the type the counties have), you do not need to purchase the Okidata printer. Also, if you have a laser printer with capability for landscape and compressed print, you do not need to purchase the printer. 5) The modem is included in the package, because it is needed for transfer of files over telephone lines and for connecting to an electronic Bulletin Board. 6) The IBM Disk Operating System (DOS) Version 3.30 is included in the package, because all batch files for applications will be written using commands from this version of DOS. Each computer needs to have its own copy of DOS to be legal, because it is copyright protected. 7 The Lotus 123 - Version 3.0 software is included, because a spreadsheet package is very useful for tabulations in plans, for finacial needs (i.e. bid abstracts), and other engineering applications. With all counties and cities using the same spreadsheet package, there can be sharing of applications. 3 • 8 9 The Word Perfect - Version 5.0 software is included, because it can be used for Special Provisions which can be uploaded to the State Aid Office. They in turn can make the necessary revisions and submit them to the Word Processing section who incorporate them with the standard forms included in Special Provisions. Also, there can be sharing of documents between counties, cities, and Mn /DOT offices when using Word Perfect. It has an advantage of being able to import graphics. The Metafile /Metaview database packages are included, because several applications are written using those packages. Included are the MSAS Needs, State Aid Project Tracking, and Mn /DOT CARS (Contract Administration Record System) for all. Federal -aid projects. 10) The Procomm communications software is included, because it provides the link to the electronic Bulletin Board and offers a method to electronically communicate with other cities, counties, and the District State Engineers. The State Aid applications have been written with Procomm command procedures which make access to file transfer automatic. 11) Upgrades for equipment will be included, because we had many requests from cities who want to use the system for CAD (Computer Aided Design). If you have any questions on the automation plan, give me a call at (612) 296 -7679. Sincerely yours, C(}t i ✓/� -s hJj�i Marilyn K. Remer • CITY OF BROOKLYN CENTER Council Meeting Date 9/25/89 % Agenda Item Number 4 REQUEST FOR COUNCIL CONSIDERATION • *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF SHADE TREES *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL; /0 2/.l * * * * * * * * * * * * *N *P*P4* D *R * ** * * ** P ** * * * * *** MANAGER'S REVIEW /RECOMMENDATION: *** ********************* No comments to supplement this report n Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached NO 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 the procedures outlined therein. 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. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF SHADE TREES (ORDER NO. DST 09/25/89) 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 BROOKDALE COVENANT C CITY OF BROOKLYN CTR CITY OF BROOKLYN CTR CITY OF BROOKLYN CTR M J BLOMQUIST ROBERT 0 PEPIN ST ALPHONSUS CHURCH ST ALPHONSUS CHURCH ROBERT R CASEY JAMES /MARY TALMAGE JAKE /MARY EEKHOFF DAVID C. CURRY DAVID C. CURRY DAVID C. CURRY DAVID C. CURRY DAVID C. CURRY DONAVON D. CATTON HOWARD W. JONES PATRICK /RENEE THOMAS CITY OF BC CITY OF BC CITY OF BC CITY OF BC CITY OF BC CITY OF BC CITY OF BC CITY OF BC CITY OF BC CITY OF BC CITY OF BC CITY OF BC PROPERTY ADDRESS TREE NUMBER 5139 BROOKLYN BLVD 400A ACRS 5421 LYNDALE A 541 ACRS 5421 LYNDALE A 542 ACRS 5421 LYNDALE A 543 6412 FREMONT AVE N 544 6730 WILLOW LA N 545 7025 HALIFAX AVE N 546 7025 HALIFAX AVE N 547 6801 ORCHARD AVE N 548 3715 50th AVE N 549 5125 EWING 550 5125 E TWIN LAKE BLV 551 5125 E TWIN LAKE BLV 552 5125 E TWIN LAKE BLV 553 5125 E TWIN LAKE BLV 554 5125 E TWIN LAKE BLV 555 5930 PEARSON DR 556 6939 MAJOR AVE N 557 6933 MAJOR AVE N 558 CABLE PARK CABLE PARK CABLE PARK CABLE PARK CABLE PARK CABLE PARK CABLE PARK CABLE PARK CABLE PARK CABLE PARK CABLE PARK CABLE PARK 559 560 561 562 563 564 565 567 568 569 570 571 �F" • ATTEST: RESOLUTIONN NO. 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. Date Mayor Clerk 4110 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. • Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION • *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: Resolution Accepting Quote and Authorizing the Purchase of One (1) Dump Body *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVA Signature title *************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: CITY OF BROOKLYN CENTER Council Meeting Date 9/25/89 Suoerintendgnt of Public Works No comments to supplement this report X/ Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached *** **#* / **** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Two quotes have been received for the purchase of a dump body. I recommend approving the purchase of the dump body from LaHass. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF ONE (1) DUMP BODY WHEREAS, on March 27, 1989, approval was given for the purchase of a dump body; and WHEREAS, two quotes have been received as follows: COMPANY OUOTE LaHass $8,695 ABM Equipment & Supply $9,895 WHEREAS, the cost of this item will be charged to the Public Utility fund. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the purchase of one (1) dump body from LaHass in the amount of $8,695 is hereby approved. 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. • • REQUEST FOR COUNCIL CONSIDERATION *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: Resolution Accepting Quote and Authorizing the Purchase of One (1) Crane Hoist *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: Signature - title ************ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: CITY OF BROOKLYN CENTER Council Meeting Date 9/25/89 Agenda Item Number 963 Su • erintendent of Public Works * * * * * * * * * * * * * * * * * * * * * * * * ** No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached Two quotes have been received for the purchase of a crane hoist. This crane hoist is used for raising and lowering items from a manhole. The current hoist is manually operated and cannot be used for pulling and installing pumps in the lift stations. In the next year, I anticipate changing three lift stations from air injection to submersible pumps. The crane hoist which I proposed to purchase will be capable of pulling and installing pumps in the lift stations. This will eliminate the need for hiring a private contractor to do these changeovers. I recommend approving the purchase of the crane hoist from LaHass. Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF ONE (1) CRANE HOIST WHEREAS, on March 27, 1989, approval was given for the purchase of a crane hoist; and WHEREAS, two quotes have been received as follows: COMPANY QUOTE LaHass $6,761 ABM Equipment & Supply $8,748 WHEREAS, the cost of this item will be charged to the Public Utility fund. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the purchase of one (1) crane hoist from LaHass in the amount of $6,761 is hereby approved. ATTEST: Date Mayor Clerk RESOLUTION NO. The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: ATTEST: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF ROBERT OUENROE WHEREAS, Robert Quenroe served on the Brooklyn Center Earle Brown Days Committee for the 1987, 1988, and 1989 festivals; and WHEREAS, Robert Quenroe served as Earle Brown Days Chairperson for the 1987 and 1988 festivals; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, his leadership and expertise has been greatly appreciated by the Brooklyn Center Earle Brown Days Committee; and WHEREAS, it is highly appropriate that his service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of Robert Quenroe is hereby recognized and appreciated by the City of Brooklyn Center. 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. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF JANE ALFORD WHEREAS, Jane Alford served on the Brooklyn Center Earle Brown Days Committee from 1982 to 1989; and WHEREAS, Jane Alford served as the Earle Brown Days Treasurer from 1982 to 1989; and WHEREAS, Jane Alford served as Earle Brown Days Chairperson for the 1989 festival; and WHEREAS, her public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, her leadership and expertise has been greatly appreciated by the Brooklyn Center Earle Brown Days Committee; and WHEREAS, it is highly appropriate that her service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of Jane Alford is hereby recognized and appreciated by the City of Brooklyn Center. 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. 4111 *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: CITY OF BROOKLYN CENTER Council Meeting Date 9/25/89 Agenda Item Number ! r 1 REQUEST FOR COUNCIL CONSIDERATION RESOLUTION ACCEPTING PROPOSAL TO REFINISH CONCRETE FLOOR AT EAST FIRE STATION *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: * * * * * * * * * * * ** * * P4/DIRECTOR * * ** PUBLIC * * * WORKS ********** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached Yes ) The 1989 budget for Division 19 (Government Buildings) of the General Fund includes an appropriation of $12,000 to refinish the concrete floor in the apparatus room of the East Fire Station. The City's purchasing procedure requires receipt of two written proposals for all contracts between $2000 and $15,000 "...when possible." Fire Chief Ron Boman and Maintenance Supervisor Mike Schlosser have reviewed this matter and have advised that only one company in the Twin City area does this type of work, utilizing the specific methods and materials which they believe will properly seal this floor. That company, Industrial Chemical Laboratories Inc. (ICL) has submitted a proposal (copy attached) to do this work at a cost of $9727.00. City Council Action Required A resolution approving acceptance of the proposal from ICL is provided for consideration by the City Council. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING PROPOSAL TO REFINISH CONCRETE FLOOR AT EAST FIRE STATION WHEREAS, the 1989 General Fund Budget for Division 19 /Government Buildings Division provides $12,000 for refinishing the concrete floor in the apparatus room at the East Fire Station; and WHEREAS, the City's Purchasing Policy provides that two written proposals be received for all contracts between $2000 and $15,000 "... when possible "; and WHEREAS, the Fire Chief and the Director of Public Works have advised the City Council that, in their opinion, it is not possible to obtain two proposals providing for the required work to be done, utilizing the specific methods and materials required to assure proper completion of this project, and have advised the Council that Industrial Chemical Laboratories Inc. is the only company which is able to do so; and WHEREAS, Industrial Chemical Laboratories Inc. has submitted a written proposal to do the required work at a total cost of $9727.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: ATTEST: 1. The proposal of Industrial Chemical Laboratories Inc. to complete the required work in the total amount of $9727.00 is hereby accepted. The City Manager is hereby authorized to execute a contract with said firm in that amount. 2. All costs for this work shall be charged to the 1989 Operating Budget for Division 19 /Government Buildings of the General Fund. 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. g J • AEI mummrAmmir FOR A CLEANER ENVIRONMENT A PROPOSAL PREPARED FOR Mr. Mike Schlosser, Maintenance Department Mr. Ron Bowman, Fire Chief CITY OF BROOKLYN CENTER 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 561-5440 Date of Proposal: 9/15/89 Terms: Net 30 Priced FOB Minneapolis We are pleased to quote as follows per your inquiry DESCRIPTION PACKAGE PRICE CONCRETE FINISHING PROPOSAL BROOKLYN CENTER EAST FIRE STATION FIRE STATION VEHICLE STORAGE AREA 66x75 = 4950 SQ FT PROPOSAL FOR FINISHING CONCRETE AS ABOVE INCLUDES: INITIAL PREPARATION - 1) removal of any existing soil and grease 2) blastrac removal of all existing coatings 3) sandblast and paint grating COATING APPLICATION - 1) three (3) coats to be applied as follows: one coat primer and two coats GRAY moisture cure urethane 60% solids with anti slip coating to be broadcast into first coat or one coat primer and two coats GRAY 48% solids moisture cure urethane with anti slip grit to be broadcast into first coat 2) STRIPING to be done to mark vehicle parking areas - areas - approx 200 lineal feet - using YELLOW moisture cure urethane (45% solids) COLOR - Basic coating in GRAY and striping in YELLOW See Page 2 Industrial Chemical Laboratories, Inc. 2301 East 25th Street Minneapolis, MN 55406 (612) 722 -2229 • • CITY OF BROOKLYN CENTER Concrete finishing proposal - East Fire Station 9/15/89 Page 2 DESCRIPTION PACKAGE PRICE TIME REQUIREMENTS - contractor estimates 96 hours (4 days) from start of preparation to driving on finished floor Contractor hours are Monday- Friday 7am -5pm. Labor on this proposal calculated with total floor area being done at one time. If customer prefers to have floor completed in two sections, an extra set -up charge will be in effect (see below). LABOR (SWANSON AND YOUNGDALE) Remove oil and grease from floor Blastrac floor Apply one coat primer and two coats grey urethane Adding anti skid material to first coat Sandblast and paint grating and coat gutters Apply striping in parking areas as specified Caulk center expansion joint 2nd setup charge to do floor 1/2 section at a time MATERIALS (INDUSTRIAL CHEMICAL LABS) $2420.00 as specified above Prices are subject to change after 90 days /Earl E. artens, Mfg Representative Signed by City Manager Date $6500.00 $132.00 $675.00 $9727.00 Accepted by City of Brooklyn Center Approved by City Council on CITY OF BROOKLYN CENTER Council Meeting Cate 9 -25 -89 Agenda Item Numoer 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 Director of Planning and Inspection *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached The City Council 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. X 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. • 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. September 15, 1989 Mr. Herbert Zwirn 3084 Mildred Drive Roseville, MN 55113 Re: Notice of City Council Consideration to Deny the Renewal of the Rental Dwelling for 5500 Bryant Avenue North Dear Mr. Zwirn: CITY OF BROOKLYN CENTER Please take notice that the City Council of the City of Brooklyn Center will consider a recommendation to deny the renewal of the rental dwelling license for 5500 Bryant Avenue North on Monday evening, September 25, 1989 in the City Council Chambers at the Brooklyn Center City Hall, 6301 Shingle Creek Parkway. The Council's consideration of this matter will begin at approximately 7:45 p.m., or later, depending upon their scheduled agenda for that evening. This notice is being sent to you pursuant to Sections 23 -004 and 23 -006 of the City ordinances (copy attached) which requires notice to an applicant in the event disapproval of a license is recommended. Section 12 -905 of the City's Housing Maintenance and Occupancy Ordinance (copy 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 have received reports from the Building Official, the Fire Chief, the Housing Inspector and the Public Health Sanitarian regarding continuous problems and lack of maintenance at 5500 Bryant Avenue North which you own. It is obvious to me, based upon the reports I have received, that you are either unable or are unwilling to maintain this rental dwelling in accordance with the minimum standards set forth in the City's Housing Maintenance and Occupancy Ordinance as well as in conformance with other City ordinances and State laws. Therefore, I will be recommending to the City Council that the rental dwelling license for 5500 Bryant Avenue North not be renewed unless and until there is compliance with City ordinances. You have the right to appear before the City Council in support of your application and I would encourage you to do so. The decision to confirm or deny your rental dwelling license lies solely with the City Council. t - - - -a. rou ill - umeivan 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 EMERGENCY — POLICE — FIRE 911 Herbert Zwirn Page 2 September 15, 1989 Please be further advised that if the City Council does not renew the rental dwelling license, that it shall be unlawful for you, or your duly authorized agent, to thereafter 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. If you have any questions or comments regarding this notice, or the City Council's consideration of this matter, please contact me. S' cerely, i Ronald A. Warren Director of Planning and Inspection RAW:mil Enclosures cc: Gerald G. Splinter, City Manager Charles LeFevere, City Attorney Sharon Knutson, License Clerk • Section 12 -904. RESIDENT AGENT REQUIRED. No operating license shall be issued or renewed for a nonresident owner of rental dwelling units (one who does not reside in any of the following Minnesota counties: Hennepin, Ramsey, Anoka, Carver, Dakota, Scott, or Washington) unless such owner designates in writing to the Compliance Official the name of his resident agent (one who does reside in any of the following Minnesota counties: Hennepin, Ramsey, Anoka, Carver, Dakota, Scott, or Washington) who is responsible for maintenance and upkeep and who is legally constituted and empowered to receive service of notice of violation of the provisions of the City Ordinances, to receive orders and to institute remedial action to effect such orders and to accept all service or process pursuant to law. The Compliance Official shall be notified in writing of any change of resident agent. Section 12 -905. CONFORMANCE TO LAWS. 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. Section 12 -906. INSPECTION CONDITION. No operating license shall be issued or renewed unless the owner of rental units agrees in his application to permit inspections pursuant to Section 12 -1001. Section 12 -907. POSTING OF LICENSE. Every licensee of a multiple dwelling shall cause to be conspicuously posted in the main entry way or other conspicuous location therein the current license for the respective multiple dwelling. Section 12 -908. LICENSE NOT TRANSFERABLE. No operating license shall be transferable to another person or to another rental dwelling. Every person holding an operating license shall give notice in writing to the Compliance Official within five business days after having legally transferred or otherwise disposed of the legal control of any licensed rental dwelling. Such notice shall include the name and address of the person succeeding to the ownership or control of such rental dwelling or dwellings. Section 12 -909. OCCUPANCY REGISTER REQUIRED. Every owner of a licensed rental dwelling containing three or more dwelling units shall keep, or cause to be kept, a current register of occupancy for each dwelling unit which provides the following information: 1. Dwelling unit address; 2 . Number of bedrooms in dwelling unit; 3. Names of adult occupants and number of adults and children (under 18 years of age) currently occupying the dwelling units; 4. Dates renters occupied and vacated dwelling units; 5. A chronological list of complaints and requests for repair by dwelling unit occupants, which complaints and requests are related to the provisions of this ordinance; and 5. A similar chronological list of all corrections made in response to such requests and complaints. 12 -909 Such register shall be made available for viewing or copying by the Compliance Official at all reasonable times. Section 12 -910. LICENSE SUSPENSION OR REVOCATION. Every operating license issued under the provisions of this ordinance is subject to suspension or revocation by the City Council should the licensed owner or his duly authorized resident agent fail to operate or maintain licensed rental dwellings and units therein consistent with the provisions of the ordinance of the City of Brooklyn Center and the laws of the State of Minnesota. In the event that an operating license is suspended or revoked by the City Council for just cause, it shall be unlawful for the owner or his duly authorized agent to thereafter 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. Any person violating this provision shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than seven hundred dollars ($700) or by imprisonment not to exceed ninety (90) days or both, together with the costs of prosecution. Each day of each violation shall constitute a separate punishable offense. Section 12 -1001. ENFORCEMENT AND INSPECTION AUTHORITY. The City Manager and his designated agents shall be the Compliance Official who shall administer and enforce the provisions of this ordinance and who is hereby authorized to cause inspections on a scheduled basis for rental units, or otherwise when reason exists to believe that a violation of this ordinance has been or is being committed. Inspections shall be conducted during reasonable daylight hours and the Compliance Official shall present evidence of official capacity to the occupant in charge of a respective dwelling unit. Section 12- 1002. INSPECTION ACCESS. Any owner, occupant, or other person in charge of a dwelling or dwelling unit may refuse to permit free access and entry to the structure or premises under his control for inspection pursuant to this ordinance, whereupon the Compliance Official may seek a court order authorizing such inspection. Section 12-1101. UNFIT FOR HUMAN HABITATION. /. Any dwelling, dwelling unit, or rooming unit which is damaged, decayed, dilapidated, insanitary, unsafe, vermin or rodent infested, or which lacks provision for basic illumination, ventilation or sanitary facilities to the extent that the defects create a hazard to the health, safety or welfare of the occupants or of the public may be declared unfit for human habitation. Whenever any dwelling, dwelling unit, or rooming unit has been declared unfit for human habitation, the Compliance Official shall order same vacated within a reasonable time and shall post a placard on same indicating that it is unfit for human habitation, and any operating license previously issued for such dwelling shall be revoked. 2. It shall be unlawful for such dwelling, dwelling unit, or rooming unit to be used for human habitation until the defective conditions have been corrected and written approval has been issued by the Compliance Official, It shall be unlawful for any person to deface or remove the declaration placard from any such dwelling, dwelling unit or rooming unit. CHAPTER 23 - GENERAL LICENSING REGULATIONS Section 23 -001. APPLICABILITY. The provisions of these sections shall apply to the application for any issuance and revocation of licenses in the City except as may otherwise be specifically provided in the ordinances pertaining to particular licenses. Section 23-002. APPLICATION FOR LICENSES. Application for licenses shall be made in writing to the Clerk for presentation to the Council. Such applications shall specify the following: a. Name and residence of the applicant(s) and if a corporation, the registered office thereof. b. The name and address of the location or place of business or activity for which the license is requested, or in the case of occupational licenses, the location from which the applicant operates. c. Such additional information or documents as the ordinance or administrative regulations may require from the applicant. Section 23 -003. REVIEW PRIOR TO COUNCIL ACTIONS. Prior to submitting the application to the Council for approval, the Clerk shall submit the application to the appropriate municipal officer for review and comment. Said official shall issue that all ordinance requirements have been complied with, and shall furnish the Council with such additional information as may be deemed appropriate or as requested. In addition, the officer shall recommend approval or disapproval of the application, and shall when recommending disapproval, furnish the Council in writing his reasons therefor. Section 23 -004. NOTICE TO APPLICANT. In the event disapproval of an application is recommended or in the event the Council disapproves or materially qualifies the license, the Clerk shall notify the applicant of: a. The nature of the recommendation or action. b. The time and place at which the Council will next consider application. c. The applicant's right to appear before the Council in support of the application. Section 23 -005. COUNCIL ACTION. The application shall be submitted to the Council for consideration within a reasonable period following submission to the Clerk. Section 23 -006. SUSPENSION: REVOCATION. The Council may suspend or revoke any license issued pursuant to the ordinances if the Council finds that any of the following ever occur; provided, however, that the licensee shall be given notice of the proposed revocation or suspension and be provided an opportunity to appear before the Council and be heard: 1. That the licensee has knowingly made false statements in or regarding his application. • 23 -006 2. That the licensee or his agents have violated or failed to comply with ordinance provisions, statutes, or legal directives pertaining to the regulation of activities authorized by the license. 3. That the licensee has failed to correct or remove, within a reasonable period, ordinance violations after receipt of notice to do so. 4. That the continued effectiveness of the license constitutes a substantial threat to the public peace, health, safety or welfare. Section 23 -007. ISSUANCE. Upon approval of the application by the Council, the Clerk shall issue a license to the applicant, stating thereon the name and address of the premises and the activity licensed. The applicant shall so display the license so as to be easily observable by the public, or as required by the specific ordinances requiring the license. Section 23 -008. CERTIFICATE OF OCCUPANCY REQUIRED. When a Certificate of Occupancy is required by Chapter 3 of the Ordinances for the conduct of activities for which a municipal license is required, the required license shall not be valid until said Certificate has been issued by the Building Inspector. Section 23 -009. LICENSES- NONTRANSFERABLE, NO REFUND. Unless otherwise provided by the ordinance requiring a license, a license is nontransferable, and the licensee shall not be entitled to a refund of any license fee upon revocation or voluntarily ceasing to carry on the licensed activity. However, in the event of Council denial of the application, the fee shall be refunded. Section 23 -010. LICENSE FEES. The fees for the various licenses shall be as set forth by City Council resolution. Section 23-011. FEES PRORATED. Except for intoxicating liquor the fee for initial licenses granted after the expiration date, set forth by City Council resolution, shall be prorated on a monthly basis, with the fee required being in the same proportion to the annual fee as the unexpired term of the license stands to the full license period, but in no instance shall the prorated fee be less than $5. Section 23 -012. LATE FEES. 23- 012.01. All licenses shall be renewed annually prior to the expiration date set forth by City Council resolution. In the event the applicant fails to renew his license before it expires, a fee of 15 percent of the annual license fee for each week or portion thereof that the renewal is overdue shall be added to the license fee, to a maximum of 45 percent of the annual fee; provided, however, that the penalty clause shall not apply to construction licenses. 23- 012.02. If an application for license renewal is not submitted within 21 days after expiration of the current license, the licensee shall cease the previously licensed activity. Continued activity after the 21 day period shall be an ordinance violation, and upon conviction thereof, shall be punishable by a fine of not more than seven hundred dollars ($700) or imprisonment not to exceed ninety (90) days or both, together with the costs of prosecution. Each day of such activity shall constitute a separate ordinance violation. • • CITY OF BROOKLYN C ENTER TO: RON WARREN DIRECTOR OF PLANNING & INSPECTION Q � FROM: RON BOMAN FIRE CHIEF t SUBJECT: RECOMMENDATION OF DENIAL OF RENEWAL OF RENTAL LICENSE AT 5500 BRYANT DATE: SEPTEMBER 14, 1989 It is my recommendation that the renewal of the rental license for the property at 5500 Bryant be denied until this property has been brought up to current fire codes. During the time Herbert Zwirn has owned the property we have had continous problems with getting him to comply with the fire violation orders written by Al Hartman the fire inspector for this property. Some of the current fire violations with the property are, no lighting in the stairway area, switches and lights that do not work in the same areas, switches that are wired into each apartment so the renters can turn off the stairway and emergency lighting, fire extinguishers not in place and not maintained, stairwell not kept free of trash and allowing renters to store items in the stairwells, doors that do not close according to the fire code. These are just some the violations that keep occuring and are never completed. It has been an on going problem to get Mr Zwirn to comply in a timely basis with any of the code violation that we have written orders on and keep this property up to the current fire code. It is my recommendation that we deny renewal of the rental license for this property until the building has been brought up the fire code. 4 '-" i98 411-1MERIU (R7 • 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 EMERGENCY - POLICE - FIRE 911 MEMORANDUM TO: Ronald A. Warren, Director of Planning and Inspection FROM: Clay Larson, Building Official DATE: September 5, 1989 SUBJECT: 5500 Bryant Avenue North This is to inform you that I do not recommend renewal of the rental dwelling license for 5500 Bryant Avenue North, Herbert Zwirn, Jr., owner. The premises is a four unit building which has been owned by Zwirn for about four years. During that time the property has not been maintained to minimum housing quality standards (HUD Section 8 Program) or community standards. It has required continual attention from the Inspection Department, Fire Department and Health Department. As examples of Mr. Zwirn's lack of concern for this property the following items are noted: 1. Failure to apply for rental license renewal this year after three notices. Paid for renewal after units were posted by the Inspection Department as "unlicensed." 2. Failure to update license clerk and Inspection Department with current address. We have had great difficulty sending notices to Mr. Zwirn and he has used this as an excuse for noncompliance. 3. Poor maintenance of exterior. Mr. Zwirn does not cut grass, trim trees and bushes, etc. on a timely basis. He has been sent three weed notices this summer. 4. Trash and garbage, dumpster maintenance is always a problem. (See attached Health Department memo). 5. Repetitious violations of fire code (See Fire Department memo). 6. Compliance orders always need to be re- issued. Repairs are never made on a timely basis, necessitating second and third notices in most cases. It is obvious to this department that Mr. Zwirn is unable to properly maintain and manage this property. He does not screen tenants adequately and then complains when they damage the units. He does not visit the site often enough to control it. The property has been a constant enforcement problem during the four+ years I have worked for the City of Brooklyn Center and it would seem that refusing a license to Mr. Zwirn is the best policy. • • DATE: September 8, 1989 TO: Clay Larson, Building Inspector t��Q FROM: Pamela Foster, Public Health Sanitarian'?" SUBJECT: 5500 Bryant Avenue North - Herb Zwirn, owner Health Department Summary May 30, 1989 June 14 June 28 July 10 Compliance noted. Note: Had difficulty locating Mr. Zwirn, frequently does not pick up certified mail. P. Foster May 4, 1988 M E M O R A N D U M Complaint of dumpster constantly over- flowing at 5500 Bryant Avenue North. Inspection of premises revealed 5 mattresses, tires, playpen, misc. junk, uncovered dumpster, debris on ground. Orders issued to Mr. Zwirn for correction. Followup inspection - everything cleaned up except for tires. Additional orders issued. Orders issued to Mr. Zwirn for clean up - garbage on ground, dumpster uncovered. May 20 Compliance noted. M. Fandrey February 17, 1987 Complaint of overflowing dumpster. Investigation confirmed this. Contacted Mr. Zwirn by phone and ordered to remove the almost three weeks' accumulation of garbage (35 -40 bags) and litter and debris in 48 hours. February 19 Court citation issued for failure to remove garbage. February 20 July 14, 1986 May 5 March 19 February 6 Note: Compliance noted. P. Foster Garbage violations - orders issued by K. Lee. Garbage violations. Orders issued to Mr. Zwirn for correctioon by K. Lee. Garbage violations. K. Lee. Garbage violations. K. Lee. Orders issued by Orders issued by We receive numerous complaints for this property; Mr. Zwirn has been fully informed of his responsibilities under the Garbage and Refuse Code; Mr. Zwirn has oftentimes been difficult to locate and fails to pick up certified mail. • Memorandum To: Ron Warren, Director of Planning & Inspection From: David Fisher, Housing Inspector Date: August 23, 1989 Subject: 5500 Bryant Avenue North Re: Herbert A. Zwirn, Jr., Owner In the past year Evie, Clay, and I have sited may violations at 5500 Bryant Avenue North. Violations have also been sited by the Fire Department at this address. On May 24, 1988 Evie sent notice of violation - Overflowing dumpsters (12 -306), Repair or repaint rotted soffits (12 -702). On June 28, 1988 Evie sent notice of violation - Provide screens for windows (12 -703), Repair brokentub faucet in Unit #1 (12 -405). On July 27, 1988 Evie sent notice of violation - Repair leaking toilet (12 -403), Provide door to the 3rd bedroom in unit #1 (12 -703). On August 16, 1988 Evie sent notice for correction - Provide screens (12 -703), Repair leaking faucet (12 -402), Repair leaking toilet (12 -403), Provide door to the third bedroom in unit #1 (12 -703). On August 24, 1988 Evie sent notice for correction - Repair bathtub drain (12 -405), Repair broken bathroom faucet (12 -404), Test for gas leak in laundry room (12 -601), Provide extermination for pests /bugs (12 -308) On June 12, 1989 the Fire Department issued orders to Mr. Zwirn for 5500 Bryant Avenue North. Service both fire extinguishers. Remove all materials from hallways /landings (these are exit ways and must be kept clear of obstructions at all times. Remove all throw rugs from hallways /landings. Repair rear entry baseboard heater (cover is off). Remove all combustible materials (bed, tires, etc.) around dumpster. Remove all broken glass on ground around exterior of building. Reconnect hallway /stairway lights so that they are not able to be shut off from the individual apartments. They must be on during periods of darkness. • • On July 10, 1989 I met with Mr. Zwirn at 5500 Bryant Avenue North for a rental license renewal inspection of his property. I observed the following violations and issued orders directly to Mr. Zwirn on July 10, 1989. The orders are as follows: Replace missing and torn screens. (12 -703) Repair gutters. (12 -702) Scrape and paint dumpster enclosure. (12 -702, 35 -410) Keeps grounds maintained. (12 -317) Replace missing exterior lights. (12 -504) Repair parking lot where it is washing out. (12 -316) Keep common areas clean. (12 -302) Replace broken windows. (12 -703) Repair brick on planter. (12 -702) Keep garbage and debris picked up around dumpster area. (12 -306, 317) Post license in hallway. (12 -907) On August 10, 1989 I conducted a follow up inspection. I observed that nothing was complete so I called Mr. Zwirn he told me he was having trouble with his tenants. He also said he was not going to do anything to his property. I sent him a 2nd notice for correction with the additional item as follows: Repair door to entry on north side. (12 -703) The compliance date on the 2nd notice of correction stated within 15 days. All of the notices for violation /correction have been sent to Mr. Zwirn by way of certified mail and by regular mail. The reason for doubling up on the mail is due to the unclaimed certified mail that Mr. Zwirn has not picked up from the post office. The notices sent by way of regular mail have not been returned to our office therefore, we are reasonably sure that he has received the notices mention in this memorandum. Due to lack of compliance and cooperation from Mr. Zwirn, I, David Fisher request non - renewal of the license for the property at 5500 Bryant Avenue North. 410 I recommend that the city post the building as unlicensed for rental dwelling and that the building be vacated. MEMORANDUM Herbert A. Zwirn, Jr. Page 2 I (PE: CITY OF BROOKLYN CENTER 561 -5440 PLANNING AND INSPECTION DEPARTMENT (, COMMERICAL ) / RESIDENTIAL OTHER ADDRESS V E D BY 5 �a,'�./i TITLE `HONE! CORRECTION NOTICE l PE: BUILDING ZONING HOUSING FIRE OTHER '1„n of the referenced premises revealed the following items in need of correc- Vt't i 5 5 r V1 1 A0 f. 1 ofhi, S C i P e 1,9 _ ( / 2- 73 3 i 1 C., (A -1-1- P 5 6 2- 7 0 2) a ti., D(�,; �1 P.. ,,ti c - iL' ?. FLT dose"' i2 (%Z -702) f(3s - /; • , fit /9 0(A (L5 t . k1«;/ , (/2-3/7,) f 3 � etR ;,,, I,,4- trA.e,ze �L ;s �� +s��;� , � ,- ,c/ /- ( 12 — S/6 y_0vvl Ct,2Prt Clr 62 - ..?OZ () b2c`?l-_,0,- L✓ -i /_i c ( l Z -- 7o ) Xf2i r - 0fri 01(4 bl f Plq 6 Z - 702.) 0 ' a R 1� tti a (� �,,. L ,� f�� t3 1Z ,` 5 f'. c v ac.( [, iz ou 6712. A r 4 e . ( / 2 , 3 ° C . ) J ( i 2 3)2) L. cemsp I frl. //I II tau, r (iv or -e-wfr-t D r\- IA.00 kirk. S ,pc_ , c -t, - ) , INSP_E-C•TO N9 1020 INSPECTION FORM: SECTION 8 EXISTING OUbi VG (Used In conjunction with HUD -OMB #063- R1684) ..•RAL INFORMATION: Requested by: TE H 4 y , f S ize (BR) 1 2 4 5 Type Inspection: Initial -LIP Initial M/I (1 LI, Re -exam M/I Type Housing: Manufactured Home Single Family Duplex /2F partment Bldg. Row House or Town House Children under 7? Yes No enant TAfek e S ti AJV DeJ So vl �7 J Owner ` �tc h '? b • .ddress SS LS o Ikth+- Ave l / p e g ) Address 7•/? / ) O O 1 ' 7 6 1 - - : ty ) / oo Klyti Gee. telt p zip S"S t 3 , City No2 t�l &Li in 6# 7I C'.S S6 'hone* SO- (ptY/5 Work* 4 7i1-?7-?•3 Phone* Work* t�/� ate of Request . Lease Date Yu 1 . 1 190 �/ B. CHECK LIST: 1. LIVING ROOM 1.1 Living room present 1.2 Electricity 1.3 Electrical hazards 1.4 Security 1.5 Window condition 1.6 Ceiling condition 1.7 Wall condition 1.8 Floor condition 1.9 Lead paint 2.0EN 2. en area present 2.2 Electricity 2.3 Electrical hazards 2.4 Security 2.5 Window condition 2.6 Ceiling condition 2.7 Wall condition 2.8 Floor condition 2.9 Lead paint 2.10 Stove /Range -Oven 2.11 Refrigerator 2.12 Sink 2.13 Food storage /prep. 3. BATHROOM 3.1 Bathroom present 3.2 Electricity s.3 Electrical hazards s.4 Security .5 Window condition .6 Ceiling condition .7 Wall condition .8 Floor condition 1 painAt toilet- Enclosed in Unit 11 Wash basin 12 Tub /Shower -in unit 13 Ventilation 1 x GLOBE PUBLISHING CO. /SO. ST. PAUL. MN. / 451 -2261 4. OTHER ROOMS ROOM CODES 1 = Bedroom 2 = Dining Room 3 = Second Living Room 4 = Entrance Hans Corndora 5 = Additional Bathroom 6 = Other 4.1 Room code 4.2 Electricity 4.3 Electrical hazards 4.4 Security 4.5 Window condition 4.6 Ceiling condition 4.7 Wall condition 4.8 Floor condition 4.9 Lead paint 5. SECONDARY ROOMS 5.1 None (go to pt. 6) 5.2 Security 5.3 Electrical hazards 5.4 Other hazards HRA INSPECTOR' 1. Ii IJ LOCATION PLex CONTROL* Rent S P - PASS F - FAIL I - INCONCLUSIVE 7. HEATING /PLUMBING 7.1 Heating equipment 7 2 Adequacy and safety of heatin. equipment 7.3 Ventilation /cooling 7.4 Water heater (_) • 1 I I P p1 1 IF P P1 1 17.5 Water supply I/ r [PIA 1 1 1 7.6 Plumbing 1P(�' P 1 r 1 7.7 Sewer connection 8. HEALTH AND SAFETY If F1P I 1 1 1 1 8.1 Access to unit 8.2 Fire exits u i LL ? 8.3 Infestation- Evidence IX/ I I 18.4 Garbage /Debris I 1 I 8.5 Refuse disposal A/ 1 1 ,' 8.6 Stairs /Hails- Common IIX I XI 8.7 Interior hazards I Y II 6. BUILDING EXTERIOR 6.1 Foundation condition �( 6.2 Stairs /Rails /Porches ' 1, i 1 6.3 Roof /Gutters hn i 6.4 Exterior Surfaces Ix 1 8.12 Smoke Detectors 6.5 Chimney I)(1 1 C. SUMMARY DECISION ON UNIT: 6.6 Lead paint exterior surfaces 1 6.7 Tie downs N/A ( X ) 1 1 1 PASS INCONCLUSIVE EXPLANATION OF "FAIL" RATING OR COMMENTS 2 V /?e o, e lM . SS � v1 IT 7L / A reo,, No C 7 .3. 12POn. r7 1�t� S/ot74f Ah K r - 2 J✓ 8.8 Elevators N /A, I 1 8.9 Air quality - Interior 8.10 Site & Neighborhood 1k 8.11 Lead paint certification W/A I Detectors JAI x U z z / V F rz;,3 Ix 1 Z. / d c„2t° To ;l,P /`ter iS G,,QOS,I,... IA 1 1 'i,5 /Vi4 L ac•C PC 1 1 7.i Re 06:2 Faucrf ai Lawkida t, T1.4/ 0 , Gler.o i Gov"tYhnh f}l2Pft r ghat /!PPr CZroh. K Inspection Date: ' L ' a / ' 2 9 - � d� Pass Date: ." /.') 6'L� Call the inspector at / o 1 to schedule an .inspection appointment. Please give this form to ' the inspector. A. GENERAL INFORMATION: Requesteo oy: TEn /VT Size (BR) 1 Type Inspection: Initial -LIP Initial M/I a -exam LIP Housing: Manufactured Home Single Family Duplex /2F Row House or Town House Other y/ Children ! o,der 7? Yes No i Tenant rttUr -4- rte ////>>,, . �� .- Owner Address ��21� /.' 4.4.La,a � //t y7 � City ( (/ Phone# /Zttt- Date of Request B. CHECK LIST: 1. LIVING ROOM 1.1 Living room present 1.2 Electricity 1.3 Electrical hazards 1.4 Security 1.5 Window condition 1.6 Ceiling condition 1.7 Wail condition 1.8 Floor condition 1.9 Lead paint 2. KITCHEN 2.1 Kitchen area present 2.2 ctricity 2. ical hazards 2.4 urity 2.5 Window condition 2.6 Ceiling condition 2.7 Wall condition 2.8 Floor condition 2.9 Lead paint 2.10 Stove /Range -Oven 2.11 Refrigerator 2.12 Sink 2.13 Food storage /prep. 3. BATHROOM 3.1 Bathroom present 3.2 Electricity 3.3 Electrical hazards 3.4 Security 3.5 Window condition 3.6 Ceiling condition 3.7 Wall condition 3.8 Floor condition .9 Lead paint 10 Flush toilet - Ein nclosed Unrt .11 Wash basin 12 hower -in unit .13 ation Work # )N FORM: SECTION 8 EXISTING HOUSING ed in conjunction with HUD -OMB #063- R1684) 7 f^ City 4. OTHER ROOMS ROOM CODES 7 = Bedroom 2 = Dining Room 3 = Second living Room 4 = Entrance Halls Corridors 5 = Additional Bathroom 6 = Otner 4.1 Room code 4.2 Electricity 4.3 Electrical hazards 4.4 Security 4.5 Window condition 4.6 Ceiling condition 4.7 Wall condition 4.8 Floor condition 4.9 Lead paint 5. SECONDARY ROOMS 5.1 None (go to pt. 6) 5.2 Security 5.3 Electrical hazards 5.4 Other hazards 6. BUILDING EXTERIOR I 6.1 Foundation condition Address I LOCATION MIL l IP PPI� I P F Pf. ....� I�IPIpIP r iPl 1.1 i1p11 if= pIFI1°1 1 IPIPIPIPI 45 Re -exam M/I Aoar1rn t Bldg, !'R / ./YO X / �o A/ r/i 77 /Ylnn.� 5--e Phone # / 7•7 -.65= Work # Lease Date HRA INSPECTOR' i 9G P - PASS F - FAIL I - INCONCLUSIVE CONTROL #' Rent $ 7. HEATING /PLUMBING 7.1 Heating equipment (_) 7.2 Adequacy and safety of heatino eauinment 7.3 Ventilation /cooling 7.4 Water heater (_.) 7.5 Water supply 7.6 Plumbing 7.7 Sewer connection 8. HEALTH AND SAFETY 8.1 Access to unit 8.2 Fi re exits 8.3 Infestation- Evidence 8.4 Garbage /Debris 8.5 Refuse disposal 8.6 Stairs /Halls- Common 8.7 Interior hazards 8.8 Elevators N/A 8.9 Air quality- Interior 6.2 Stairs /Rails /Porches 6.3 Roof /Gutters I 6.4 Exterior Surfaces 6.5 Chimney 6.6 Lead paint exterior surfaces X I 6.7 Tie downs N/A (A) I 11 PASS EXPLANATION OF "FAIL" RATING OR COMMENTS I = . i7 Pc) 4h,2 1 n cJ4 r,✓z -) . I2 nr Ulr7 17,21 i72 17)1i Fac,LC- P a l t 3 1 ? it' alrtc vPr7 : 7 v .__ �w 4C/i KI I L, ) ? 7,2)0 1417n1/ ?vi. 4/ l)(1 I { Po. -, pie 1 I XI I 4. 7 gc'm O ?i /Zik 7,( 1hStuul Fi <�a /: !2 e IX nn �/ .S /� t'iM Oi/C Ti171�5 I XI I ,1D keeln ARPtk. 1.XI I zZr PP,t till /Ze Co ✓ P /2� „v 17 72P ; l? S e ��'t'Ct . , Inspection Date: Site & Neighborhood Lead paint certification Smoke Detectors Pass Date: C. SUMMARY DECISION ON UNIT: INCONCLUSIVE FAIL I VI 1 WI ZK Jµ -Y'% /;, - ��. A • • • DATE :August 14, 1989 TO: Herbert A. Zwirn, Jr. 3084 Mildred Drive • Roseville, MN 55113 LOCATION: 5500 Bryant Avenue North COMPLIANCE OFFICIAL: CERTIFIED /REGULAR CITY OF BROOKLYN CENTER, MN 55430 -2199 Department of Planning and Inspection (612) 561 -5440 HOUSING MAINTENANCE COMPLIANCE ORDER David Fisher COMPLIANCE DATE: Within 15 Days FIRST NOTICE SECOND NOTICE xx THIRD NOTICE FINAL NOTICE The following violations of the Housing Maintenance and Occupancy Ordinance were cited during a recent inspection of the above premises. You are hereby informed that these violations must be corrected on or before the CCMPLIANCE DATE indicated. Failure to correct or to make satisfactory arrangements to correct violations may result in suspension or revocation of a rental dwelling license, if applicable, and, in any case, may result in issuance of a citation which, upon conviction, is punishable by fine and /or imprisonment. Section 12 -1202 of the Ordinance provides for Right of Appeal, when it is alleged that a Compliance Order is based upon erroneous interpretation of this Ordinance. The Appeal must be submitted to the Inspection Department, in writing, specifyin; the grounds for Appeal, within five (5) business days after service of the order, and must be accompanied by a filing fee of $15.00 in cash or cashier's check. DESCRIPTION OF VIOLATIONS AND ORDINANCE SECTION 1. Replace missing and tron screens. (12 -703) 2. Repair gutters. (12 -702) 3. Scrape and paint dumpster enclosure. (12 -702, 35 -410) 4. Keep grounds maintained. (12 -317) 5. Replace missing lights on exterior. (12 -504) 6. Repair parking lot where it is washing out. (12 -316) 7. Keep common areas clean. (12 -302) 8. Replace broken windows. (12 -703) 9. Repair brick on planter. (12 -702) 10. Keep garbage and debris picked up around dumpster area. (12 -305, 317) 11. Post license in hallway. (12 -907) 12. Repair door to entry on northside. (12 -703) FAILURE TO MAKE CORRECTIONS BY COMPLIANCE DATE MAY RESULT IN A CITATION. DATE: TO: LOCATION: 5500 Bryant Avenue North COMPLIANCE OFFICIAL: David Fisher The following violations of the Housing Maintenance and Occupancy Ordinance were cited during a recent inspection of the above premises. You are hereby informed that these violations must be corrected on or before the CCMPLIANCE DATE indicated. Failure to correct or to make satisfactory arrangements to correct violations may result in suspension or revocation of a rental dwelling license, if applicable, and, in any case, may result in issuance of a citation which, upon conviction, is punishable by fine and /or imprisonment. Section 12 -1202 of the Ordinance provides for Right of Appeal, when it is alleged that a Compliance Order is based upon erroneous interpretation of,this Ordinance. The Appeal must be submitted to the Inspection Department, in writing, specifyin; the grounds for Appeal, within five (5) business days after service of the order, and must be accompanied by a filing fee of $15.00 in cash or cashier's check. P/I Form H - 4 July 28, 1989 Herbert Zwirn, Jr. 3084 Mildred Drive Roseville, MN 55113 Certified /Regular CITY OF BROOKLYN CENTER, MN 55430 -2199 Department of Planning and Inspection (612) 561 -5440 HOUSING MAINTENANCE COMPLIANCE ORDER COMPLIANCE DATE: August 28, 1989 FIRST NOTICE SECOND NOTICE THIRD NOTICE FINAL NOTICE DESCRIPTION OF VIOLATIONS AND ORDINANCE SECTION COMPLIANCE MUST BE MET BY COMPLIANCE DATE. FAILURE TO DO SO MAY RESULT IN DENIAL OF RENEWAL ON RENTAL LICENSE. 1. Repair torn and bent screens and frames. (12 -703) 2. Repair dumpster enclosure and keep it maintained. (35 -410) 3. Keep yard maintained and weeds controlled. (12 -317) 4. Repair gutters. (12 -703) 5. Remove tires from property. (12 -305, 306) 6. Replace broken or cracked windows. (12 -703) • ADDRESS • PERSON IN AUTHORITY 17 ZW , r - NJ NAME OF BUSINESS TYPE OF OCCUPANCY (� 1 \ lti 1 rm M N (g-e v ,-\\ r- k n 0 .A■ • White—Chief . Brooklyn Prtg. & Adv. Co. Inc. 16121 561 470 Inspection Conducted By BROOKLYN CENTER FIRE DEPARTMENT Pink — Biding. Dept. FIRE PREVENTION BUREAU 561 -5440 N9 5556 TEL. TITLE ` 7+ •Z Q An inspection of the above mentioned facility revealed the following fire hazards. You are hereby requested to correct these conditions before A ,y 1 Thank you for your cooperation. REMARKS rvr■c a [�F�"� � Q <Jr■ 2) t'_d`�n�re A-�� M �r: CV \ <7 - r, \ CN+ , c\A k ) 1 A-N) A 1 1•1C� l eicc _C.A 1 M-� v \S (kos S 'A c, t■N. C`rne \f\ Yellow— Inspector - 7 .\\ 5�2 C am+ \ Q C7-\- P .�` �l1?\ ' G \ 4 1/4, i 1 o , \ to. \.K<-7\ <—? (� f� ‘�$ t� �� `c Z. mt ` �'? Ch ('� l.,11 Q < L Date Goldenrod-Job Site • • DATE: TO: LOCATION: V c ko vt (? 12.° !n n P/I Form H -4 April 4, 1989 Herbert Zwi rn, S ' R.R. 1, Box 76A North Branch, MN 55056 5500 Bryant Avenue tfeia C v"t wt 0 .1 CITY OF BROOKLYN CENTER, MN 55430 -2199 Department of Planning and Inspection (612) 561 -5440 HOUSING MAINTENANCE COMPLIANCE ORDER North COMPLIANCE OFFICIAL: David Fisher The following violations of the Housing cited during a recent inspection of the that these violations must be corrected f A ICS t 1��i ?D 0 -, ;4f"u c'ek a, hR a - /Cee 1 „ZPS rjov i i)/ 3 / 0ei2 COMPLIANCE DATE: ■ L.35 - 7 u - 7 Maintenance and Occupancy Ordinance were above premises. You are hereby informed on or before the COMPLIANCE DATE indicated. Failure to correct or to make satisfactory arrangements to correct violations may result in suspension or revocation of a rental dwelling license, if applicable, and, in any case, may result in issuance of a•citation which, upon conviction, is punishable by fine and /or imprisonment. Section 12 -1202 of the Ordinance provides for Right of Appeal, when it is alleged that a Compliance Order is based upon erroneous interpretation of this Ordinance. The Appeal must be submitted to the Inspection Department, in writing, specifying the grounds for Appeal, within five (5) business days after service of the order, and must be accompanied by a filing fee of $15.00 in cash or cashier's check. DESCRIPTION OF VIOLATIONS AND ORDINANCE SECTION V Repair torn and bent screens and frames. (12 -703) THIS IS YOUR FINAL NOTICE. FAILURE TO MAKE CORRECTIONS BY MAKE CORRECTIONS BY COMPLIANCE DATE MAY RESULT IN A CITATION. c, /ear, � May 3, 1989 FIRST NOTICE THIRD NOTICE FINAL NOTICE xx PI a 1 n itt; `c- SECOND NOTICE P/I FORM NO. 33 MEMO: Tr Date /Time Completed: Tom Heenan From Ron Warren Re Garbage and Refuse Problem This memo is to bring to your attention a problem of garbage and refuse overflowing the dumpster located at the apartment building addressed as 5500 Bryant Avenue North, owned by Herbert A. Zwirn. The Building Inspector noted the problem during a rent assistance inspection on 4- 27 -88. The garbage is picked up at this apartment on Mondays and the dumpster is apparently not large enough to handle the demand as it was overflowing by Wednesday. Also, raw garbage is being dumped into the container and is allowed to spill over on the premises. The Inspector has advised the owner of the need for a larger dumpster or more frequent pick -ups and has told tenants that they should not dump raw garbage into the dumpster nor allow it to overflow. I thought you would be interested in this obvious health violation for possible follow -up by your Department. If you have any questions regarding the particulars contact Evie Nygaard. CITY OF BROOKLYN CENTER PLANNING AND INSPECTION DEPARTMENT AVOID VERBAL MESSAGES Date / Time: ` � ' :;.:0 Taken By: � Assigned To: • a y_zt :.v enue :o..:gin Location: '- ❑ Residential ❑ Other Against: = r ` rr 2 ;,ira Phone • ❑Owner ❑Occupant ❑Contractor ❑Neighbor ❑Other Complainant: fs;7c-'ni Gar _:.) : Phone: ❑Tenant ❑Neighbor ❑Owner ❑City ❑Other Address: - -' - \0 r - nt Nature of Complaint: ❑Zoning ❑Housing ❑Building ❑Sign ❑Other Details: 1 ioJL _.1 J ? 3 ran:, " 1 ) : i' -� L. _ treat Action Taken: ❑Called ❑Letter ❑Refer Police /Sanitarian El Warning Tag El Citation Remarks: Inspector: ORIGINAL TO INSPECTOR COPY TO DIRECTOR COMPLAINT RECORD Tickler Date CITY OF BROOKLYN CENTER Date 4 -28 -88 - C- • • DATE: December 30, 1988 TO: LOCATION: 5500 Bryant Avenue North FIRST NOTICE xx SECOND NOTICE COMPLIANCE OFFICIAL: Evelyn Nygaard THIRD NOTICE xx FINAL NOTICE The following violations of the Housing Maintenance and Occupancy Ordinance were cited during a recent inspection of the above premises. You are hereby informed that these violations must be corrected on or before the CCMPLIANCE DATE indicated. Failure to correct or to make satisfactory arrangements to correct violations may result in suspension or revocation of a rental dwelling license, if applicable, and, in any case, may result in issuance of a citation which, upon conviction, is punishable by fine and /or imprisonment. Section 12 -1202 of the Ordinance provides for Right of Appeal, when it is alleged that a Compliance Order is based upon erroneous interpretation of this Ordinance. The Appeal must be submitted to the Inspection Department, in writing, specifying the grounds for Appeal, within five (5) business days after service of the order, and must be accompanied by a filing fee of $15.00 in cash or cashier's check. DESCRIPTION OF VIOLATIONS AND ORDINANCE SECTION December through May Maintain service of ice and snow removal for tenants. (12 -314) (See enclosed ordinance section). January 12, 1989 Properly dispose of trash and old furniture from yard. (12 -304, 305 April 4, 1989 . G / 9. Repair torn screens and bent screen frames. (12 -703) • P/I Form H -4 Herbert Zwirn R.R. 1 Box 76A North Branch, MN 55056 REGULAR CITY OF BROOKLYN CENTER, MN 55430 -2199 Department of Planning and Inspection (612) 561 -5440 HOUSING MAINTENANCE COMPLIANCE ORDER COMPLIANCE DATE: See Listing • P/I Form H -4 Herbert Zwirn R.R. 1 Box 76A CITY OF BROOKLYN CENTER, MN 55430 -2199 Department of Planning and Inspection (612) 561 -5440 - HOUSING MAINTENANCE COMPLIANCE ORDER November 2, 1988 December l-, 1988 DATE: COMPLIANCE DATE: TO: North Branch, MN 55056 COMPLIANCE OFFICIAL: Evelyn Nygaard DESCRIPTION OF VIOLATIONS AND ORDINANCE SECTION Certified /Regular LOCATION: 5500 Bryant Ave. N. FIRST NOTICE xx SECOND NOTICE THIRD NOTICE FINAL NOTICE The following violations of the Housing Maintenance and Occupancy Ordinance were cited during a recent inspection of the above premises. You are hereby informed that these violations must be corrected on or before the CCMPLIANCE DATE indicated. Failure to correct or to make satisfactory arrangements to correct violations may result in suspension or revocation of a rental dwelling license, if applicable, and, in any case, may result in issuance of a citation which, upon conviction, is punishable by fine and /or imprisonment. Section 12 -1202 of the Ordinance provides for Right of Appeal, when it is alleged that a Compliance Order is based upon erroneous interpretation of this Ordinance. The Appeal must be submitted to the Inspection Department, in writing, specifyin; the grounds for Appeal, within five (5) business days after service of the order, and must be accompanied by a filing fee of $15.00 in cash or cashier's check. 1. Repair torn screens and bent screen frames. (12- 703)- 2. Replace several broken windows in building. (12- 703) -- 3JCRemove broken glass and debris from yard. (12 -317) 5500 Bryant Ave. N. #.1 Replace - 3 b ken window - at - Tight --- front bedroom. (12-703) • DATE: October 3, 1988 TO: Herbert Zwirn LOCATION: R.R. 1 Box 76B North Branch, MN 55056 COMPLIANCE OFFICIAL: CERTIFIED /PLAIN CITY OF BROOKLYN CENTER, MN 55430 -2199 Department of Planning and Inspection (612) 561 -5440 HOUSING MAINTENANCE COMPLIANCE ORDER 5500 Bryant Avenue North #1 Evelyn Nygaard P/I Form H -4 Page 1 of 2 COMPLIANCE DATE: DESCRIPTION OF VIOLATIONS AND ORDINANCE SECTION Bath 1. Repair leaking tub faucet behind stem. (12 -405) 10 C 2. Clear clogged tub drain. (12 -405) (HC_._ 3. Provide adequate .window lock. (12 -703) .z 4. Replace broken mirror. (12- 402 -2) C __ 5. Replace /repair rusted door jamb. (12- 703) _ November 2, 1988 Kitchen Replace missing outlet cover behind refrigertor. (12 -504) 2. Clean up unsanitary refrigerator. (12- 402- 3)._._, Right Front Bedroom 1. Replace /repair broken storm window. (1 -703) 3 2. Replace missing window sash. (12- 703)C/( 3. Provide window lock. (12 -703) c-/C`. FIRST NOTICE xx SECOND NOTICE THIRD NOTICE FINAL NOTICE The following violations of the Housing Maintenance and Occupancy Ordinance were cited during a recent inspection of the above premises. You are hereby informed that these violations must be corrected on or before the CCMPLIANCE DATE indicated. Failure to correct or to make satisfactory arrangements to correct violations may result in suspension or revocation of a rental dwelling license, if applicable, and, in any case, may result in issuance of a citation which, upon conviction, is punishable by fine and /or imprisonment. Section 12 -1202 of the Ordinance provides for Right of Appeal, when it is alleged that a Compliance Order is based upon erroneous interpretation of this Ordinance. The Appeal must be submitted to the Inspection Department, in writing, specifying the grounds for Appeal, within five (5) business days after service of the order, and must be accompanied by a filing fee of $15.00 in cash or cashier's check. 1 . Rep Replace {J�' 1. la cracked switch plate by front door. 504 - 2. Secure loose heat register cover. (1 -709) 01 • • HOUSING MAINTENANCE COMPLIANCE ORDER DATE: August 24, 1988 COMPLIANCE DATE: September 23, 1988 TO: Herbert Zwirn cc: Tenant #3 LOCATION: R.R. 1 Box 76B North Branch, MN 55056 CITY OF BROOKLYN CENTER, MN 55430 -2199 Department of Planning and Inspection (612) 561 -5440 5500 Bryant Ave. N. # 3 COMPLIANCE OFFICIAL: Evelyn Nygaard THIRD NOTICE FINAL NOTICE The following violations of the Housing Maintenance and Occupancy Ordinance were cited during a recent inspection of the above premises. You are hereby informed that these violations must be corrected on or before the CCMPLIANCE DATE indicated. Failure to correct or to make satisfactory arrangements to correct violations may result in suspension or revocation of a rental dwelling license, if applicable, and, in any case, may result in issuance of a•citation which, upon conviction, is punishable by fine and /or imprisonment. Section 12 -1202 of the Ordinance provides for Right of Appeal, when it is alleged that a Compliance Order is based upon erroneous interpretation of this Ordinance. The Appeal must be submitted to the Inspection Department, in writing, specifyin; the grounds for Appeal, within five (5) business days after service of the order, and must be accompanied by a filing fee of $15.00 in cash or cashier's check. DESCRIPTION OF VIOLATIONS AND ORDINANCE SECTION 1. Repair bathtub drain. (12 -405) 2. Repair broken bathroom faucet. (12 -405) 3. Provide locks and keys for apartment unit door. (12 -703) 4. Test for gas leak in laundryroom. (12 -312) 5. Provide extermination for pests /bugs. (12 -308) xx FIRST NOTICE SECOND NOTICE MEMORANDUM: TO: 40 FROM: DATE: SUBJECT: COMPLIANCE ORDER DATED ,;(;\(, / 7c- 7 r /)? P/I Form No. 48 (Revised 8 -80) VIOLATION PROPERTY OWNER /OWNERS: t ` # wit i -�c 1 The following violations were cited during inspections of the above subject properties. ORDINANCE NO. r t 6,--/ �,� ,t.a. - -,' ,-. t ,�� o--u ` ` � J .1.,i,•'),._.; 4____,Q +4 , ,,,_. T 6,•••.-0---,— .---u-. 4.c , L'� �C. -�\.L. V ` � t `; G(. >L/� -_ l J L.0 - 9 1-x-1 ! �� "(/ LPL —1(-6-/ ^^ (( �_ �,�s l�-h Please issue a ci atio for failure to comply with the orders to: N .- 2 f 7-2__ fit, \ ), ,...___ � DATE: August 16, 1988 TO: Herbert Zwirn R.R. 1 Box 76B North Branch, MN 55056 COMPLIANCE OFFICIAL: Evelyn Nygaard THIS IS YOUR FINAL NOTICE. CITY OF BROOKLYN CENTER, MN 55430 -2199 Department of Planning and Inspection (612) 561 -5440 HOUSING MAINTENANCE COMPLIANCE ORDER LOCATION: 5500 Bryant Avenue North & Unit #1 COMPLIANCE DATE: WORK MUST BE COMPLETED WITHIN 24 HOURS OF RECEIPT cc: Tenant #1 cc: Kathleen Mulligan, HRA FIRST NOTICE SECOND NOTICE THIRD NOTICE FINAL NOTICE xx The following violations of the Housing Maintenance and Occupancy Ordinance were cited during a recent inspection of the above premises. You are hereby informed that these violations must be corrected on or before the CCMPLIANCE DATE indicated. Failure to correct or to make satisfactory arrangements to correct violations may result in suspension or revocation of a rental dwelling license, if applicable, and, in any case, may result in issuance of a citation which, upon conviction, is punishable by fine and /or imprisonment. Section 12 -1202 of the Ordinance provides for Right of Appeal, when it is alleged that a Compliance Order is based upon erroneous interpretation of this Ordinance. The Appeal must be submitted to the Inspection Department, in writing, specifying the grounds for Appeal, within five (5) business days after service of the order, and must be accompanied by a filing fee of $15.00 in cash or cashier's check. DESCRIPTION OF VIOLATIONS AND ORDINANCE SECTION ORK MUST BE COMPLETED WITHIN 24 HOURS OF RECEIPT! 5500 Bryant Avenue North #1 1. rovide window screens. (12 -703) Repair leaking tub faucet. (12 -405) 3. Repair leaking toilet. (12 -403) 4. Provide door to 3rd bedroom. (12 -302) A. GENERAL INFORMATION: Type Inspection: Type Housing: Tenant 1 City O City Phone # Date of Request B. CHECK LIST: Requested by: Row House or Town House Children under 77 Yes 1. LIVING ROOM 1.1 Living room present 1.2 Electricity 1.3 Electrical hazards 1.4 Security 1.5 Window condition 1.6 Ceiling condition 1.7 Wall condition 1.8 Floor condition 1.9 Lead paint 2. KITCHEN 2.1 Kitchen area present 2.2 Electricity 2.3 Electrical hazards 2.4 Security 2.5 Window condition 2.6 Ceiling condition 2.7 Wall condition 2.8 Floor condition 2.9 Lead paint 2.10 Stove /Range -Oven 2.11 Refrigerator 2.12 Sink 2.13 Food storage /prep. 3. BATHROOM 3.1 Bathroom present 3.2 Electricity 3.3 Electrical hazards 3.4 Security 3.5 Window condition 3.6 Ceiling condition 3.7 Wall condition 3.8 Floor condition 3.9 Lead paint 3.10 Flush toilet - Enclosed ✓ V V 4.8 in Unit 3.11 Wash basin t/ 3.12 Tub /Shower -in unit 3.13 Ventilation Size (BR) 1 3& 5 '1n tial -LIP Initial Mil Re -exam LIP Re -exam M/I Manufactured Home Single Family Duplex /2F parttRant Idg. Other 7 �24_VF/ 4. OTHER ROOMS ROOM CODES 1 = Bedroom N 2 = Dining Room D 3 . second uring Room U 4 . Entrance Pella Corridors z 3 . Additional Bathroom 8 e . Omer R. LL ? 4.1 Room code V 4.2 Electricity 4.3 Electrical hazards ✓I v INSPECTION FORM: SECTION 8 EXISTING HOUSING (Used In conjunction with HUD -OMB #063- R1684) Security P P e 4.4 4.5 Window condition 4.6 Ceiling condition 4.7 FF IY e Wall condition D FFP Floor condition 4.9 Lead paint 5. SECONDARY ROOMS 5.1 None (go to pt. 6) 5.2 Security 5.3 Electrical hazards 5.4 Other hazards vI 6. BUILDING EXTERIOR • 0 6.1 Foundation condition 1 f 6.2 Stairs /Rails /Porches ✓ 6.3 Roof /Gutters I V 6.4 Exterior Surfaces Iv l 6.5 Chimney I 11 I 6.6 Lead paint exterior syrfaces I (VI y 6.7 Tie downs N/A EXPLANATION OF "FAIL" RATING OR COMMENTS 1 . S f 5 / / . < 3 l a z, I 3 d Owner - 431 Addresse ��jj [ (2 / / 7& City fn �z YZ Zip yr SOSG Phone# Work # Lease Date 9 / //& - 9. 3 V V , C. SUMMARY DECISION ON UNIT: LOCATION ' P - PASS F - FAIL 1 - INCONCLUSIVE 7. HEATING /PLUMBING 7.1 Heating equipment 7.2 Adequacy and safety of heatino eouioment 7.3 Ventilation /cooling 7.4 Water heater (� 7.5 Water supply 7.6 Plumbing 7.7 Sewer connection 8. HEALTH AND SAFETY 8.1 Access to unit 8.2 Fire exits CONTROL # Rent $ JI LL ? 8.3 Infestation- Evidence 8.4 Garbage /Debris 8.5 Refuse disposal 8.6 Stairs /Halls- Common 8.7 Interior hazards 8.8 Elevators N/A 11,!" / 8.9 Air quality - Interior 8.10 Site & Neighborhood 8.11 Lead paint certification N /A. V / 8.12 Smoke Detectors t.)( I PASS INCONCLUSIVE FAIL 1 . .Q. . L t om_ Inspectio ate: , - .i_,7- -dam Pass Date: HRA INSPECTOR • • DATE: TO: P/I Form H -4 July 28, 1988 Herbert Zwirn R.R. 1 Box 76B North Branch, MN 55056 LOCATION: 5500 Bryant Ave. N. COMPLIANCE OFFICIAL: Evelyn Nygaard CITY OF BROOKLYN CENTER, MN 55430 -2199 Department of Planning and Inspection (612) 561 -5440 HOUSING MAINTENANCE COMPLIANCE ORDER COMPLIANCE DATE: cc: Tenant # #1 cc: Housing File August 12, 1988 FIRST NOTICE SECOND NOTICE THIRD NOTICE Xx FINAL NOTICE The following violations of the Housing Maintenance and Occupancy Ordinance were cited during a recent inspection of the above premises. You are hereby informed that these violations must be corrected on or before the CCMPLIANCE DATE indicated. Failure to correct or to make satisfactory arrangements to correct violations may result in suspension or revocation of a rental dwelling license, if applicable, and, in any case, may result in issuance of a citation which, upon conviction, is punishable by fine and /or imprisonment. Section 12 -1202 of the Ordinance provides for Right of Appeal, when it is alleged that a Compliance Order is based upon erroneous interpretation of this Ordinance. The Appeal must be submitted to the Inspection Department, in writing, specifyin; the grounds for Appeal, within five (5) business days after service of the order, and must be accompanied by a filing fee of $15.00 in cash or cashier's check. DESCRIPTION OF VIOLATIONS AND ORDINANCE SECTION 5500 Bryant Building Repair and paint rotted soffits. (12 -702) 5500 Bryant #1 1. Provide window screens. (12 -703) 2. Repair leaking tub faucet. (12- 405) - 3. Repair leaking toilet. (12 -403) 4. Provide door to 3rd bedroom. (12- 302)5 -?L THIS IS YOUR THIRD NOTICE. FAILURE TO MAKE CORRECTIONS WILL RESULT IN A CITATION. • ADDRESS • NAME OF BUSINESS TYPE OF OCCUPANCY PERSON IN AUTHORITY ❑ Fire Lanes Not Open ❑ Exit Doors Locked or Obstructed ❑ Exit Aisle Obstructed ❑ Aisles Not Open in Storage Areas ❑ Storage Area Not Clean or Clear of Rubbish Build -up ❑ No Clearance to Electrical Shut -off Panels ❑ Extension Cords over 6' ❑ Disposal of Rubbish & Ashes Not in Metal Container ❑ Extinguisher System in Canopy, If Any, Not Serviced and Sealed An inspection of the above mentioned facility revealed the following fire hazards. You are hereby requested to correct these conditions before . Thank you for your cooperation. REMARKS • White —Chief Shift Inspection Conducted By BROOKLYN CENTER FIRE DEPARTMENT FIRE PREVENTION BUREAU 561 -5440 Captain ❑ Hydrants are Obstructed ❑ Panic Hardware Not Operable ❑ Exits Not Properly Marked ❑ Stock Not Piled 18" Below Sprinklers ❑ Smoking in Store Restricted ❑ Sprinkler Valves Not open or Fire Department Connection Blocked ❑ Fire Doors to Heating Room Open ❑ No Screen on Top of Incinerator ❑ Kitchen Canopy & Filters Not Clean ❑ Fire Doors Not Closed ❑ Frayed Electrical Cords, Cords under Rugs, Etc. TITLE TEL. ❑ Aisles in Parking Lot Not Open and Passable ❑ Exit Door Closers Not Operable ❑ Flammable Liquids Improperly Stored ❑ Stock Pile Not Below Bottom of Ceiling Joists ❑ Fire Extinguishers Not Mounted or Serviced ❑ Standpipe & Hose Not Serviced & Accessable ❑ Over Fusing of Circuits ❑ Combustible Storage in Heating Room ❑ Inadequate Clearance of Combustibles & ❑ Heating Equipment ❑ Excessive Amount of Papers or Trash in the Area Pink —Bldg. Dept. Yellow— Inspector Date Goldenrod —Job Site • • ADORES? NAME OF BUSINESS TYPE OF OCCUPANCY -- - PERSON IN AUTHORITY An inspection of the above mentioned facility revealed the following fire hazards. You are hereby requested to correct these conditions before Thank you for your cooperation. REMARKS White—Chief Brooklyn Prtg. & Adv. Co. Inc. 16121 5614470 e BROOKLYN CENTER FIRE DEPARTMENT Inspection Conducted By C -- " L " • , Pink—Blding. Dept. FIRE PREVENTION BUREAU 561-5440 7 • .% 1 7. 1, TITLE 7 Yellow—Inspector Goldenrod—Job Site 2 • et, , TEL. „:. Date • MEMORANDUM TO: FROM: DATE: SUBJECT: On June 4, therefore, failure to 1205. Herbert A. Zwirn 5900 3rd St. N.E. Fridley, MN 55432 Please issue citation to: Ronald A. Warren, Director of Planning and Inspection Andrew J. Alberti, Building Official June 5, 1987 5500 Bryant Avenue North On March 17, 1987 a compliance order was issued to Herbert A. Zwirn for several deficiencies noted on inspections at 5500 Bryant Avenue North. At this time Mr. Zwirn was told to indicate the dates that he could comply for each item. He was to have had all the broken storm windows and screens repaired or replaced by June 1, 1987. On June 1, 1987 I conducted an inspection and noted no corrections had been made. 1987 the windows and screens still had not been repaired or replaced, this is a request to have the Police Department issue a citation for comply with a compliance order in violation of City Ordinance Section 12- ITEM DESCRIPTION: DEPT. APPROVAL: City Council Action Required CITY OF BROOKLYN CENTER Council Meeting Date /25/8 Agenda Item Number /zT -' REQUEST FOR COUNCIL CONSIDERATION it*********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 1990 IMPROVEMENT PROJECTS (DISCUSSION ITEM) *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * * * * * * * * **N*a *** * **** *OR ** * * *B * * * * *** * * * * ** * ** ** v * *„ * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached Yes Attached is a preliminary report covering major improvement projects for possible construction in 1990. It is recommended that this list be reviewed and discussed at the 9/25/89 Council meeting. Following that discussion, the City Council should indicate its tentative approval or disapproval of each project - or request that additional information be provided, if that is considered necessary. As noted, only tentative approval or disapproval is requested at this time. For those projects which receive tentative Council approval, City staff will begin preliminary studies, design and processing of the projects. Detailed feasibility reports would then be prepared and submitted to the Council, with recommendations for formal proceedings and formal approval by the City Council at a later date. CITY OF B ROOKLYN C ENTER TO: G. G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: September 20, 1989 RE: 1990 Improvement Projects - Preliminary Proposal Following is a preliminary listing of major improvement projects for possible construction in 1990. It is recommended that this list be reviewed and discussed with the City Council so that our Engineering Division staff may begin preliminary studies, design and processing of those projects which receive tentative approval of the City Council. 401 I. Municipal State Aid Street System Improvements A. System Description and Funding Considerations Under the "Municipal State Aid Street" program the City of Brooklyn Center receives an annual allotment of funds for improvement of the system of streets which the City Council has designated as "Municipal State Aid Streets," in accordance with rules and regulations established for this system. Brooklyn Center's MSA system includes the 21.3 miles of street which are shown as MSA streets on the attached map. (Note: This is the maximum miles of streets which Brooklyn Center may designate, based on the provision that a city may designate a maximum of 20% of the public streets which lie within the city, excluding federal, state and county highways and roads). Following is a summary of Brooklyn Center's MSA Construction Fund balance: Unallocated balance on 1/1/89 1989 Construction Allotment Subtotal Less: MSA Bond Payment (1989) Less: MSA projects placed under construction in 1989 Estimated balance, 12/31/89 = MOW '.9734 Ail Of PICA QTY = $1,431,518 740.768 $2,172,286 = $ 150,000 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 EMERGENCY - POLICE - FIRE 911 60,000 $1,962,286 • Page Two September 20, 1989 Under current MSA policies, cities are encouraged to utilize funds available, and a policy has been established to reduce future allotments to any city which allows its unallocated funds to accumulate to a total which exceeds twice the current year's construction allotment, unless that excess balance is encumbered before September 1 of the following year. Accordingly, Brooklyn Center's 1991 allotment will be affected by this policy unless a program of improvements are placed under contract before September 1, 1990. The financial impact of this "incentive" provision is as follows: Estimated balance, 1/1/90 = $1,962,000 Less MSA Bond Payment (1990) = 60,000 Allowable Balance = $1,480,000* Excess Balance = $ 422,000 Estimated loss of 1991 allotment if unencumbered balance is not reduced to 81.480.000 by 9/1/90 = $ 255,060 ** * Allowable balance = 2 times the 1990 construction allotment, (2 x $740,000) ** Estimated loss of 1991 allotment is based on the following formula: $1.962.000 (amount available 1/1/90) x 2 x $65) 1000 Accordingly, I recommend that the City Council approve an MSA system improvement program for 1990 which will expend at least $450,000 of the City's MSA funds. B. 5 -Year Plan for MSA Improvements On 2/13/89 the City Council adopted a resolution (copy attached) which provided for a 5 -year plan for improvements to the MSA system. Implementation of that plan as scheduled would have avoided the accumulation of any "excess balance" in our MSA fund. However, delays have occurred in the development of the proposed 69th Avenue improvement project. These delays have occurred during the process of complying to federal regulations regarding conversion of parklands (i.e. - a small portion of the Palmer Lake Basin) to street purposes, and state requirements for development of an Environmental Assessment Worksheet. Progress is being made in both of these areas, but it is becoming obvious that the City will not be able to proceed with right -of -way acquisition quickly enough to encumber MSA funds before September 1, 1990. • Page Three September 20, 1989 C. Recommended Adiustments to 5 -year Plan So as to avoid the potential reduction of the City's 1991 MSA allotment, I recommend that the following projects be considered for construction in 1990: 1. Overlay Freeway Boulevard from Shingle Creek Parkway to Humboldt Avenue. 2 Geometric improvements and overlay of 65th /66th Avenues from Humboldt Avenue to Camden Avenue. Note: Established MSA standards would require this street to be widened to provide 4 traffic lanes, based on its current and projected traffic counts. However, I believe that an optional design can be developed which will be more compatible with the neighborhood, yet provide adequate service to this area. To receive approval of such an optional design it will probably require the City to obtain approval of a variance request. Because such variance requests must be very well documented, I would recommend that the City employ Short - Elliott - Hendrickson (SEH) to assist us in preparing all traffic analyses, forecasts and geometric design which will be needed to support the City's variance request. Accordingly, if the Council gives tentative approval for this project, we will obtain a proposal from SEH to provide these support services, and present that proposal to the Council at its next meeting, so that the variance can (hopefully) be obtained in time to allow construction to occur in 1990. 3. Overlay of Humboldt Avenue from 65th to 69th Avenues. 4 Installation of a permanent traffic control signal system at the intersection of Shingle Creek Parkway and Freeway Boulevard. Note: This improvement was scheduled for 1989, but was postponed because of conflicts with the I94/694 improvements. 5 Upgrading of the traffic control signal system at Humboldt Avenue and Freeway Boulevard /65th Avenue. Note: It is recommended that this system be upgraded to better accommodate heavy left turn movements during rush hours. 6. Overlay of 57th Avenue North from Camden Avenue to Humboldt Avenue. In addition, I recommend that the City work with Hennepin County to initiate geometric improvements and the installation of a traffic control & signal system on Brooklyn Boulevard, either at 51st Avenue or at the south ramp terminal of the T.H. 100 /Brooklyn Boulevard interchange (with the addition of a connection to Lilac Drive). ill Page Four September 20, 1989 However, it is doubtful that this improvement can be implemented in 1990. Accordingly, if the Council agrees, we will prepare a resolution for Council approval, requesting Hennepin County to make this improvement, with the goal of accomplishing that improvement in 1991. Finally, SEH (the City's consulting engineer) and City staff will continue the process for development of the proposed 69th Avenue improvements. At this time it appears that the following schedule is realistic: - Completion of Federal 6(f) process and of the state EAW process January, 1990 - Public informational meetings conducted February- April, 1990 - Public hearing(s) conducted by City Council May -June, 1990 - Design alternate selected by City Council June -July, 1990 - Purchase of needed August, 1990 through rights -of -way December, 1991 - Construction Summer, 1992 II. Old T.H. 252 (West River Road) Improvement between 66th Avenue and 73rd Avenue North On August 28 the City Council conducted a public hearing on this project, then ordered its construction. As discussed at that meeting, three major decisions need to be made regarding this project; i.e.: o Should the overhead power /telephone /CATV lines be removed and placed underground? Note: A survey /questionnaire has been sent to all adjacent property owners, and the results are now being tabulated. o Should the reverse curve just north of 66th Avenue be redesigned? Note: S.E.H. (our consultant for this project is developing alternative plans for this portion of the project - for review with the City Council. • S Page Five September 20, 1989 o How much right -of -way acquisition (including easements) will be required? Note: S.E.H. is also developing recommendations for consideration by the City Council, so that the acquisition process can be started as soon as possible. We expect to submit a report covering all of these items to the Council for its consideration within the next month. Following resolution of these matters, we expect that plans and specifications can be completed by December or January, that bids could be received by February or March, and that construction can be completed during the summer of 1990. III. Public Utility Improvements A. Water Supply System Improvements Within the next several weeks staff will submit recommendations to the City Council for implementation of the Phase I improvements to the City's water supply system, as recommended by the Water System Study recently completed by Black & Veatch, our consulting engineers. Those improvements include installation of one additional well and installation of some distribution mains. B. Sanitary Sewer System Improvements Three of the City's sewage lift stations are old stations which have exceeded their life expectancy, are inefficient and are difficult to maintain. In addition, each of these 3 stations contain safety hazards which are strictly regulated by OSHA's recently- adopted "confined space entry" regulations. Based on all of these considerations, it is recommended that all 3 of these stations be replaced in 1990. In addition, it is recommended that Lift Station No. 2 located on Lyndale Avenue at 55th Avenue North be retrofitted to provide an odor - control system, a number of safety improvements to comply to current OSHA standards, and other design changes which will make it easier to operate and maintain this station. Respectfully submitted, Sy Knipp Director of Public Works BROOKLYN PP< _JL_s 1 RflJfl 1 .2.4 WE I N TOON NNW I 'NAN •6160 I: 61 V p u i „ AVIA • _J >- CC Lo*es: 01 6 7 If ROBBiNSOALE LEGEND CORPORATE LIMITS COUNTY 91A1C •I0 IIIONWAY MUNICIPAL STATE MO STREET MUNICIPAL COUNTY STATE AJO STREET_ _ _ COUNTY R0A0 TRUNK MIONWAY_ • IiL .., 24 nnrjlnn L MUNICIPAL STATE AID ; STREET SYSTEM BROOKLYN PARK - - 1LJLJ „ 'ANT LA 1 ' rvl 70 ! FRY MO 3 00 tim MINNEAPOLIS ,• AV N ;252 rf11 tir MUNICIPALITY OF BROOKLYN CENTER No1..00. III/ MINNESOTA DEPARTMENT OF TRANSPORTATION TECHNICAL SERVICF.S DIVISION morIPATION MTN IN( U.S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION SCALE 601 =7. 9 L: — .71 1988 66sTe DATA •666, 1 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION NO. 89 -27 RESOLUTION ESTABLISHING A 5 -YEAR PLAN FOR IMPROVEMENTS TO THE MUNICIPAL STATE AID STREET SYSTEM WHEREAS, it is estimated the City of Brooklyn Center, Minnesota, will receive Municipal State Aid Street construction funds in the amount of $732,060 in 1990 and then $679,030 per year for the succeeding four years for use in the construction of the City's designated Municipal State Aid Street System; and WHEREAS, the reduction in the estimated annual allotment is due to the expiration of a transfer of the State Motor Vehicle Excise Tax in 1990. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that the following schedule reflects the projected Municipal State Aid funds available for a Five Year Capital Improvements Program: Year 1989 Balance Available $2,172,286.36 1990 Estimated Allotment 732,060.00 Available for Construction 1991 Estimated Allotment 679,030.00 Available for Construction 1992 Estimated Allotment 679,030.00 Available for Construction 1993 Estimated Allotment 679,030.00 Available for Construction 1994 Estimated Allotment 679,030.00 Available for Construction Accumulated Funds Available $2,172,286.36 2,904,346.36 3,583,376.36 4,262,406,36 4,941,436.36 5,620,466.36 BE IT FURTHER RESOLVED, that the following Five Year Municipal State Aid Capital Improvement Program is hereby approved: • • • RESOLUTION NO. 89 -27 Year 1989 Location Estimated Cost Shingle Creek Parkway at Freeway Boulevard A. Turn Lanes B. Traffic Signal Shingle Creek Parkway at Brookdale Square A. Turn Lanes B. Traffic Signal $ 20,000 85,000 40,000 85.000 Total 1989 Improvements $230,000 1990 69th Avenue - Lee Avenue to Shingle Creek Parkway Right of Way Acquisition 2.100.000 Total 1990 Improvements $2,100,000 1991 69th Avenue - Lee Avenue to Shingle Creek Parkway Reconstruction Roadway 2,000.000 Total 1991 Improvements $2,000,000 1992 Freeway Boulevard and 65th /66th Avenue Shingle Creek Parkway to Camden Avenue A. Overlay Freeway Boulevard from Shingle Creek Parkway to Humboldt Avenue 170,000 B. Widen and overlay 65th /66th Avenue from Humboldt Avenue to Camden Avenue 690,000 Humboldt Avenue - 65th Avenue to 70th Avenue Overlay 300.000 Total 1992 Improvements $1,160,000 1994 Lilac Drive at Brooklyn Boulevard and TH 100 A. Geometric improvements from TH 100 Southwest 1000 feet B. Traffic Signals 360,000 85.000 Total 1994 Improvements $445,000 5 Year Total Cost - 1989 through 1994 $5,935,000 BE IT FURTHER RESOLVED that, to the extent that encumbrances for improvement projects exceed the accumulated funds available at that time, the City will consider providing funding for those improvements by (1) using advances from other available municipal funds (as allowed by section G -2 -i of 14 MCAR 1.5032); or (2) by issuing bonds payable from future Municipal State Aid street allotments. • • RESOLUTION N0. 89 -27 ATTEST: February 13, 1989 Date Clerk 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, Jerry Pedlar, and Todd Paulson; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION O F F I C E M E M O R A N D U M TO . Municipal Engineers November 7, 1988 FROM . Kenneth Straus 612 - 296 -1662 State Aid SUBJECT: Maintenance Requests Whenever a municipality desires to receive a maintenance allotment greater than the minimum, they must submit a written request not later than December 15th receding the annual allocation, and must agree in writing to file a detailed Annual Maintenance Expenditure Report at the End of the year. Municipalities that sold Bonds and need additional Maintenance Monies to satisfy interest payments must submit a request for additional Maintenance Monies by specifying a set amount or a percentage of the allocation. A_ municipality may request and receive up to 25% of the allocation for mainte- nance. An Expenditure Report Form Fig. A 5- 892.506 or similar form can be used to show Maintenance expenditures. Documented expenditures which do not cover the amount received will result in Maintenance Monies being transferred back into the city's construction fund. Certification of Mileage Please certify your mileage as of December 31, 1988, and return to your Dis- trict State Aid Engineer by January 15, 1989. Instruction on completing the form is in the State Aid Manual under 5- 892.685. On the reverse side of the form list all new designations or revocations and changes in segment length. Be certain that any changes made in the Needs Study update are reflected in your certification of mileage, and have also been shown on the status map. These reports must agree. You will note in some instances your certification of mileage has been changed to correspond with your needs segment listings. Please check that these revisions and total segment lengths equal actual mileage between the two centerlines (The status map has been sent under sepa- rate cover by the Mapping Section and should be sent back to them.) 5 Year Construction Program Submit a 5 year construction program which was approved by the City Council. This program shall include sufficient projects to utilize all existing and anticipated funds during the life of the program. This is a requirement per resolution and is valuable to the Unencumbered Construction Fund Subcommittee as well as to the City Engineers in making city councils more aware of State Aid Funding. Needs Reporting data and segment listing will follow at a later date. If further information is necessary, feel free to call me at 612- 296 -1662. CITY OF BROOKLYN CENTER Council Meeting Date 9 -25 -89 Agenda Item Number b REQUEST FOR COUNCIL CONSIDERATION *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** • ITEM DESCRIPTION: Additional Nuisance Ordinances DEPARTMENT APP Si - title Director of Planning and Inspection *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached *********************************************************** ** * * * * * * * * * * * * * * * **** ********** SUMMARY EXPLANATION: (supplemental sheets attached y ) On the September 25 City Council agenda is a discussion item regarding additional Nuisance Ordinances. Attached is a copy of a draft ordinance amending Chapter 19 which would attempt to regulate certain activity. This amendment goes back over a year ago when the City Council was considering Nuisance Ordinance amendments relating to the parking and storing of vehicles, equipment and material in residential areas. The last time the attached ordinance was reviewed by the City Council was on December 5, 1988 at which time the Council proceeded to adopt the ordinance regulating the parking and storage of commercial vehicles and equipment in residential areas. The City Council wanted to review further the other nuisance regulations before considering adopting them. It is these regulations that are before the City Council for discussion. First of all, Section 19 -103, Subdivision 13 of the proposed ordinance is intended to prohibit the parking and storage of any vehicles or equipment on any vacant property in the City regardless of its zoning designation. The proposed Subdivision 14, which is perhaps the most controversial, regulates where vehicles or equipment may be parked or stored in residential areas. The idea in Subdivision 14a is that all vehicles, including cars, authorized trucks, recreation vehicles, trailers, boats, etc . when parked or stored in front yards or yards abutting a public street, must be on an authorized driveway or a paved or graveled extension of an authorized parking or driveway area. These paved or graveled driveway and parking areas may not exceed 50% of that yard area. Vehicles, trailers, boats, etc. may be parked in other yard areas (side or rear yards) without being on paved or graveled surfaces and without being screened from view (Note: The draft ordinance does not specifically provide for parking and storage in the side and rear yards and should be changed to make clear that this can be done. The City Council previously did not want to require screening when parking these vehicles and equipment in side or rear yards). • Summary Explanation Page 2 September 25, 1989 Subdivision 14b of the proposed ordinance deals with the storage of materials, supplies, or authorized equipment in residential areas. It prohibits such storage in front yards, or yards abutting a public street, and requires screening by at least a 6' high opaque fence if these items are stored in any other yard areas. The proposed ordinance goes on in Subdivision 14c to require that any vehicle, equipment, etc. allowed to be parked or stored on occupied residential used property must be owned by the person who resides on that property. Subdivision 14d provides for some commonly accepted exceptions to the regulations. One suggestion that I would make is that the proposed ordinance should refer to "residentially used" property, rather than "residentially zoned" property so as to regulate all property being used for residential purposes and not legal nonconforming uses. For instance, residences along Brooklyn Boulevard which are being used as residences, but are in commercial districts, would be subject to these regulations while a legal nonconforming commercial use in a residential zoning district, such as Malmborg's Nursery and Garden Center, would not be affected by the regulations. It is recommended that the City Council thoroughly discuss these proposed nuisance regulations and give the staff direction as to how they wish to proceed with this proposal. • • DRAFT ORDINANCE AN ORDINANCE AMENDING CHAPTER CHAPTER 19 OF THE CITY ORDINANCES BY DECLARING CERTAIN ACTIONS AS PUBLIC NUSIANCES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 19 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: Section 19 -103. PUBLIC NUISANCES FURTHER DEFINED. It is hereby declared to be a public nuisance to permit, maintain, or harbor any of the following: 13. The outside parking and /or storage on vacant property of useable or unuseable vehicles, trailers, watercraft, snowmobiles, recreational vehicles, all- terrain vehicles, construction vehicles and equipment, or similar vehicles, materials, supplies, equipment, ice fish houses, skateboard ramps, play houses or other non-permanent structures except as may be permitted by the Zoning or Sign Ordinances. 14. The outside parking and /or storage on occupied residentially zoned property of useable or nonuseable vehicles, trailers, watercraft, snowmobiles, recreational vehicles, all terrain vehicles and similar vehicles, materials, supplies, equipment, ice fish houses, skateboard ramps, play houses or other non - permanent structures unless they comply with the followings a) Vehicles, trailers and watercraft which are parked or stored outside in the front -yard area, or a yard area abutting a public street, must be on an authorized driveway or a paved or graveled extension of an authorized parking or driveway area and in compliance with Section 19 -1301 through 1305 of the City Ordinances. Authorized driveways and paved or graveled extensions thereof may not exceed 50% of the front -yard area or a yard area abutting a public street unless approved by the City Council as part of a plan approval for an apartment complex pursuant to Section 35 -230 of the City Ordinances. b) Materials, supplies, equipment other than construction or farm equipment, may be stored or located in any yard other than a front yard or a yard abutting a public street provided they are screened from public view•by an opaque fence or wall at least six feet high or high enough to prevent these items from being seen from abutting property at ground level. c) All vehicles, watercraft and other articles allowed to be stored outside in an approved manner on occupied residentially zoned property must be owned by a person who resides on the property. (Persons who are away at school or in the military service for periods of time, but still claim the property as their legal residence shall be considered residents on the property d) The prohibitions of this section of the ordinance shall not apply to commonly accepted materials or equipment such as playground equipment, allowable accessory structures, flagpoles, air conditioner condensers, laundry drying equipment, arbors, trellises, properly stacked firewood and temporary storage of building materials for home improvement projects in process. • • • NORTH METRO MAYORS ASSOCIATION September 15, 1989 Memorandum To: From: Subject: Organized 1985 City Mayors City Managers /Administrators Joseph D. Strauss Suggested Principals For Minnesota Property Tax Reform A number of city managers from our organization have drafted the attached document entitled "Suggested Principals For Minnesota Property Tax Reform." It was suggested that this document be circulated among all the mayors and city managers /administrators of the North Metro Mayors Association for their consideration. Each individual mayor and city manager /administrator who agrees with this statement should sign the attached "support letter" and return same to my attention. The individual support letters will be packaged together and submitted to our legislative delegation and the Association of Municipal Managers (AMM) as a statement of support for a tax reform process based on the stated principals. Note, this is not a position that the North Metro Mayors Association is taking. Rather, we are assisting individuals to facilitate a communication process on this subject. 8525 Edinbrook Crossing, Suite 5, Brooklyn Park, Minnesota 55443 Telephone 612- 493 -5115 FAX 612- 424 -1174 I �G • • • SUGGESTED PRINCIPLES FOR MINNESOTA PROPERTY TAX REFORM THE MINNESOTA PROPERTY TAX SYSTEM: 1. Should be reformed through the establishment of policies and goals rather than through parochial considerations. 2. Should finance only those government services which are generally property related. 3. Should contain a mechanism that addresses the issue of imbalances in property tax base; such mechanism should be designed to induce fiscally responsible property taxing decisions, as contrasted to the present system. 4. Should be reformed to allow municipalities full discretion in making property taxing decisions and be held publicly accountable for such decisions through the elective process. 5. Should insure that the State accepts financial responsibility for State mandated costs. 6. Is unfair and nationally noncompetitive, particularly as it applies to nonresidential and nonagricultural properties. • CITY OF BROOKLYN CENTER Council Meeting Date Agenda item Number /2 q/ REQUEST FOR COUNCIL CONSIDERATION • * * * * * * * * * * * * * * * * * ** . .... * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: DISCUSSION ITEM - LIQUOR ORDINANCE AMENDMENTS * * * * * * * * * * * * * * * *1./..7a.. Mr/ .1. ... ******* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL Signatur * * * * * * * * * ** ames Lindsay, Chief of Po * * * ** MANAGER'S REVIEW / RECOMMENDATIO No comments to supplement this report * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** . Comments below /attached ******* * * * * * * * * * * * * * * * * * * * * *I.. . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached yes The City has received inquiries from hotels that wish to have a liquor license in order to serve liquor and hors d'oeuvres to their guests. These hotels only serve these items and a breakfast to their guests only. Originally, we were told by the state liquor control that we could not license these types of establishments. Recently in discussions with the state liquor control director, John Muers, he stated that we could license these establishments under certain conditions. Basically, licensing would require changing the liquor ordinance by making a special class "E" license for these types of establishments. We also need to modify the definition separating these hotels from the regularly licensed hotels allowing these to have less seating (thirty seats instead of 100), less serving times (two hours maximum and between 4:00 p.m. and 8:00 p.m. only), and giving us menu approval. One item not addressed in the license change is the fee for this license. The fees are normally addressed in a resolution. We would draft a resolution with the fee before the ordinance changes become effective. At this time we believe a fee of $2,500.00 would be appropriate. This would be the same amount currently being paid by restaurants with both a wine and beer license. Considering the limited menu and limited service times, we believe this fee is justified. RECOMMENDATION: We recommend the City Council approve the added amendments to the liquor ordinance and direct the staff to republish the ordinance. With these changes the public hearing on the ordinance would be October 23, 1989. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 19 , at p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 11 of the city ordinances. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the personnel coordinator at 561 -5440 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11 OF THE BROOKLYN CENTER ORDINANCES. THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 11 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Delete the line: [(For the purposes of this ordinance, people born on or before 9/1/67 are considered 21 years of age.)] as it appears in the following sections: Section 11 -107, subd 1; Section 11 -109, subd 3; Section 11 -112, subds 1, 2, 3, 4, 5, 6 and 8; Section 11 -204, subd 3; Section 11 -508, subd 1; Section 11- 510, subd 7; Section 11 -512, subds 2, 3, 4, 5, and 6; Section 11 -609, subd 1; Section 11-611, subd 7; Section 11 -613, subds 1, 2, 3, 4, and 5; Section 11 -709, subd 1; Section 11 -711, subd 7; and Section 11 -713, subds 1, 2, 3, 4, and 5. Section 11 -511. HOURS OF OPERATION. 2. Organizations who hold "on -sale club" licenses may obtain a special license to serve intoxicating liquor between the hours of 10 a.m. [and 12 midnight] on Sundays and 1 a.m. on Mondays in conjunction with the serving of food. They must show proof to the chief of police that food will be sold and that a minimum of 30 persons may be served at any one time. g ad Section 11 -612. HOURS OF OPERATION. No intoxicating liquor shall be sold nor consumed nor permitted to be consumed within the licensed premises after 1 a.m. on Sunday nor until 8 a.m. on Monday. No intoxicating liquor shall be sold nor consumed nor permitted to be consumed within a licensed premise between the hours of 1 a.m. and 8 a.m. on any weekday. No "on- sale" shall be made after 8 p.m. on December 24. On Sundays, wine may be sold without a special license under the authority of an "on -sale wine" license between the hours of 10 a.m. Sunday and [12 midnight] 1 a.m. Monday in conjunction with the serving of food. Section 11- 701. DEFINITION OF 'PERMS. 9. The term "hotel" means and includes any establishment having a resident proprietor or manager where, in consideration of payment therefor, food and lodging are regularly furnished to transients, which maintains for the use of its guests not less than 100 guest rooms with bedding and other usual, suitable, and necessary furnishings in each room, which is provided at the main entrance with a suitable lobby, desk, and office for the registration of its guests on the ground floor, which employs an adequate staff to provide suitable and usual service, and which maintains under the same management and control as the rest of the establishment and has, as an integral part thereof, a dining room with appropriate facilities for seating not less than 100 guests at one time, where the general public are, in consideration of payment therefor, served with meals at tables. In the case of an on -sale Class E license. the hotel shall have a dining room with appropriate facilities for seating not less than 30 guests at one time where guests are provided with food and beverages. 10. The term "restaurant" means any establishment under the control of a single proprietor or manager, having appropriate facilities to serve meals and for seating not less than 150 guests at one time, and where in consideration of payment therefor, meals are regularly served at tables to the general public, and which employs an adequate staff to provide the usual and suitable service to its guests, and a significant part of the business of which is the serving of foods for consumption on the premises. 11. The term "premises" as used in this ordinance, shall mean the inside of the building or the leased space inside a building as shown on the plan submitted to the chief of police with the original license. Outside areas, such as patios or parking lots, shall not be included unless specifically listed on the license or special permission in writing is obtained pursuant to Section 11 -702. paragraph 3h for a limited period of time under certain conditions. Section 11 -702. LICENSE REQUIRED. 2. "On -sale liquor" licenses shall be issued only to restaurants which are conducted in such a manner that a significant part of the revenue for a license year is the sale of foods for consumption on the premises, and to hotels conducted in such a manner that, of that part of the total revenue derived from the serving of goods and intoxicating liquors, a significant part thereof for the license year is derived from the serving of foods for consumption on the premises. The term "significant part" is defined under each license class. 3. The following are the types of "on -sale liquor" licenses which can be issued under this section. a. On -Sale Class A Liquor Licenses: 80 percent or more of the applicable revenue derived from the serving of foods for consumption on the premises; Class A licenses are available to all hotels and restaurants. b. On -Sale Class B Liquor Licenses: 50 percent through 79 percent of the applicable revenue derived from the serving of foods for consumption on the premises; Class B licenses are available to all hotels and restaurants. c. On -Sale Class C Liquor licenses: 40 percent through 49 percent of the applicable revenue derived from the serving of foods for consumption on the premises; Class C licenses are available only to hotels and to restaurants which derive a considerable part of their revenue from sources other than liquor and food. • • • d. On -Sale Class E Liquor License: this license is available only, to hotels which serve food and liquor in a dining room to guests. Applicants for Class E licenses must submit with their applications menus of food and nonalcoholic beverages which will be served with the liquor dispensed. The City Council will determine whether such food and beverages are adequate to protect the public interests. Changes in menu may not be . made without the prior approval of the Chief of Police. Liquor may be dispensed for no more than two hours a day and shall not be dispensed before 4:00 p.m. or after 8:00 p.m. The licensee may not the payment of consideration for liquor other than that which is paid as its regular charges for rooms. The area designated as the dining room shall be adequately separated from ether common areas of the hotel by physical barriers to control ingress and egress and to ensure security and compliance with the provisions of this Code. Class E licensees may serve liquor on Sunday subject to the provisions of this Code without a separate Sunday On- Sale Liquor License. i_. Special Provision: expansion of premises for special events: Special permission may be granted either by the City Council or in writing signed by both the chief of police and the . director of planning and inspection for a temporary expansion of the licensed premises for wedding receptions. parties. promotional activities or other special events. Special, permits may be issued only for specified areas of the same, lot. piece or parcel of land on which the premises lies or a, contiguous lot, piece or parcel of land. Application shall be made to the chief of police on a form provided by the City and all information requested by the chief of police shall be, submitted therewith. Permits may be granted for a period of no more than ten days and permits may not be granted for a total of more than forty days in any one license year. , In acting on an application, consideration shall be given to such factors as noise nature of entertainment to be provided., potential difficulties with law enforcement or security. proximity of residential or other sensitive land uses. effect on parking or other ?oniina or land use controls. and the nature of the event proposed. The permit may specify conditions . with which the licensee must comply. and the sale of liauor Pursuant to the permit shall be deemed a consent and agreement to the imposition of such conditions. Violations of any such conditions or any other provisions of law are . grounds for suspension or revocation of the permit and of the licensee's liquor license. Permits issued pursuant to this Paragraph may be suspended without prior notice by the chief of police upon determination that such suspension is necessary or expedient to protect the public health. safety or welfare. Section 11 -705. RENEWAL APPLICATIONS. Applications for renewal of an existing license shall be made at least 60 days prior to the date of expiration of the license. If, in the judgment of the city council, good and sufficient cause is shown by an applicant for his failure to file for a renewal within the time provided, the city council may, if the other provisions of this ordinance are complied with, grant the application. At the earliest practicable time after application is made for a renewal of an "on -sale liquor" license, and in any event prior to the time that the application is considered by the city council, the applicant shall file with the chief of police a statement prepared by a certified public accountant that shows the total gross sales, the total food sales for consumption on the premises. and the total food sales of the restaurant for the twelve month period immediately preceding the date for filing renewal applications. A foreign corporation shall file a current Certificate of Authority. Section 11-710. PLACES INELIGIBLE FOR LICENSE. 3. No "on -sale liquor" license shall be granted for a restaurant that does not have a dining room, open to the general public, with a total minimum floor area of 1,800 square feet and seating for 150 people; or except in the case of a. Class E license. for a hotel that does not have a dining area, open to the general public, with a total minimum floor area of 1,200 square feet and seating for 100 people. Section 11 -711.. CONDITIONS OF LICENSE. 16. A licensed restaurant shall be conducted in such a manner that a significant part of the business for a license year is the serving of foods for consumption on the premises., • • Section 11 -718. PROHIBITED ACTIVITIES. Subdivision 1. Prohibition. It is unlawful for any licensee. owner or manager of any establishment licensed under Sections 11 -701 through 11 -718 of this Code to cause, commit, permit or allow in the licensed premises any of the activities listed in this Section or any similar activities or to sell liquor in any premises from which any such activities may be viewed or heard. Subdivision 2, Prohibited Activities. Activities referred to in Subdivision 1 of this Section include the following: a. Nudity. sadomasochistic abuse or sexual conduct as those terms are defined in Section 19 -1700 of this Code. either actual or simulated. b. Mud wrestling. wet T -shirt contests. lingerie shows or displays. or strip -tease dancing. e. The display of any of the foregoing by any means including. but not limited to. books. printed material. magazines. movies. pictures., videos. plays, exhibitions recordi s. closed circuit television,, productions. or any other device or contrivance in any way which is capable of being used or adapted to arouse interest. or to affect, the human senses, whether through the medium of reading, observation. sound or any other means., Subdivision 3. Penalty, Violation of this Section is grounds for revocation of any license issued under Sections 11 -701 through 11 -718 of this Code. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of A'1"1'EST: Clerk Mayor • • Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) Licenses to be approved by the City Council on September 25, 1989: COMMERCIAL KENNEL A Dog's Best Friend Pet Center's Inc. ITINERANT FOOD ESTABLISHMENT Earle Brown Elementary School Korean Presbyterian Church MECHANICAL SYSTEMS Master Mechanical, Inc. RENTAL DWELLINGS Renewal: Keith Nordby Capital Properties Management Lillian Hollenbeck Clifford Lane /Dorothy Ernst George and EthelJean McMullen J. J. Barnett 410 SPECIAL FOOD HANDLING ESTABLISHMENT, Toys "R" Us GENERAL APPROVAL: 44).X. 2/ti Cuito D. K. Weeks, City Clerk 6830 Humboldt Ave. N. 1269 Brookdale Center 5900 Humboldt Ave. N. 6830 Quail Ave. N. 9864 James Circle 5960 Brooklyn Blvd. 6501 Brooklyn Blvd. 5406 Bryant Ave. N. 6927 June Ave. N. 2401 -03 54th Ave. N. 2922 68th Lane N. 5425 Xerxes Ave. N. Sanitarian 4 . 44 .-aert,etirc_ Sanitarian Sanitarian /3 --14/y,.. Jac f 1 4 Yt Building Official .4 -R. a . Director of Planning „1� and Inspection �+ ' • H-L02,2%rig______