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HomeMy WebLinkAbout1987 05-18 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER MAY 18, 1987 7 p.m. 1. Call to Order 2. Roll Call 3. Invocation 4. Open Forum 5. Approval of Consent Agenda - All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council member so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. 6. Continuation of Board of Equalization Meeting (7 p.m.) a. Neil C. & Susan M. Grindheim, 25- 19 -21 -31 -0090 b. Kevin Smith, 34- 119 -21 -11 -0076 7. Approval of Minutes: *a. May 4, 1987 - Regular Session b. May 11, 1987 - Board of Equalization 8. Performance Bond Release: *a. Westbrook Mall, 5717 Xerxes Avenue North 9. Resolutions: *a. Declaring a Public Nuisance and Ordering the Removal of Diseased Shade Trees (Order No. DST 05/18/87) *b. Authorizing the Mayor and City Manager to Enter into an Agreement with the Domestic Assault Intervention Project *c. Authorizing the City Manager to Enter into an Agreement with the Anoka County Fire Arms Training Range -This will allow the Police Department to use the Anoka County Range free of charge. *d. Appointing the City Manager and the Chief of Police to the Minnesota Police Recruitment System Board of Directors CITY COUNCIL AGENDA -2- May 19, 1987 10. Ordinance: (7:30 p.m.) a. An Ordinance Amending Chapter 34 of the City Ordinances Regarding Off- Premise Advertising Signs -This item was first read on April 20, 1987, published in the City's official newspaper on April 30, 1987 and is offered this evening for a second reading. 11. Public Hearing: (7:30 p.m.) a. Palmer Lake Trail System Improvements (Project No. 1987 -12) 12. Discussion Items: a. Organized Refuse Collection and Recycling Program 1. Resolution Directing Staff to Proceed with Informational Meetings with Refuse Collectors to Examine the Potential of Organized Refuse Collection in the City of Brooklyn Center b. Report on Feasibility of Broadcasting City Council and Commission Meetings on Cable Television C. Review of Advisory Commission's Recommendations on Their Enabling Resolutions and Bylaws 13. Temporary On -Sale Intoxicating Liquor License for St. Alphonsus Catholic Church *14. Licenses 15. Adjournment a- LeFevere Lefler Kennedy O'Brien & Drawz A Professional Association May 15, 1987 2000 First Bank Place West Minneapolis Minnesota 55402 Telephone (612) 333 -0543 Telecopier (612) 333 -0540 Peter M. KOole Clayton L. LeFevere City Assessor Herbert P. Lefler City of Brooklyn Center J. Dennis O'Brien 6301 Shingle Creek Parkway John E. Drawz Brooklyn Center, Minnesota 55430 David J. Kennedy John B. Dean Glenn E. Purdue Re: 1987 Board of Equalization Appeal Richard J. Schieffer Homestead Charles L. LeFevere Herbert P. Lefler III Neil C. and Susan M. Grindheim James J. Thomson, Jr. PID No. 25- 119 -21 -31 -0090 Thomas R. Galt Dayle Nolan Brian F. Rice Dear Mr. Koole : John G. Kressel Lorraine S. Clugg In your letter of May 12, 1987, you request our opinion es M. Strommen H. Batty on whether or not the above described real estate is P. Jordan entitled to homestead classification for the taxes which Kurt J. Erickson are payable in 1987. For purposes of this opinion, we William R. Skallerud Rodney D. Anderson understand that the property is a single family dwelling Corrine A. Heine owned in joint tenancy by Neil C. and Susan M. Grindheim; David D. Beaudoin that on the relevant assessment date in 1986, neither Mr. Paul E. Rasmussen Steven M. Tallen nor Mrs. Grindheim was living in the home; that the home is leased to Susan Halsch; that Susan Halsch is occupying the home; that Susan Halsch is a tenant of the owners, Neil and Susan Grindheim; that Susan Halsch occupies the home as her residence. Minn. Stat. §273.13, subd. 7, provides in part as fol- lows: All other real estate and class 2a property, except as provided by classes 1 and 3cc, which is used for the purposes of a homestead shall constitute class 3c, and shall be valued and assessed as follows: The first $64,000 of market value shall be valued and assessed at 18 percent; and the remaining market value shall be valued and assessed at 29 percent for taxes levied in 1985 and payable in 1986, and at 28 percent for taxes Peter M. Koole May 15, 1987 Page 2 levied in 1986 and payable in 1987 and thereafter. (emphasis supplied) . The statute provides additional guidance for determining what property is being "used for the purposes of a homestead ". Minn. Stat. §273.124, subd. 1, provides as follows: Residential real estate that is occupied and used for the purposes of a homestead by its owner, who must be a Minnesota resident, is a homestead. In order to determine whether or not the homestead classification is applicable, we must apply several rules as follows: 1. Homestead classification applies to the proper- ty and not to the person; 2. The real estate must be occupied by its owner; 3. The property must be used for the purposes of a homestead by its owner; 4. The owner must be a Minnesota resident. There appears to be no question that Mr. and Mrs. Grindheim are owners of the real estate. Although your letter contains no documentation, we assume that they are the record owners in joint tenancy under a Warranty Deed. It does not appear that Mr. and Mrs. Grindheim can meet the test of occupancy which is required by the statute. My understanding from your letter and from our conversa- tion is that Mr. and Mrs. Grindheim live outside the territorial limits of the United States, have lived outside the United States since at least January 13, 1986, and do not plan to return to the United States until the summer of 1988. Since the Grindheims have rented the house to Susan Halsch, we must conclude that Susan Halsch is the occupant both in fact and as a matter of law. The essence of renting property is the right to occupy the property to the exclusion of the landlord. There are several opinions of the Minnesota Attorney General which support this conclusion. Property which is Peter M. Koole May 15, 1987 Page 3 occupied as a home on the assessment date by someone other than the owner is not entitled to the homestead classification. See OAG 232 -D, Nov. 23, 1948; See also OAG 232 -D, Sept. 23, 1977. Even in cases where the owner is prevented from occupying the property by a tenant who is illegally holding over in the lease hold, the property is not entitled to the homestead classification. See OAG 232 -D, Nov. 23, 1945. In another illustration of this principal, where real estate is owned in joint tenancy by two parties, but is occupied by only one of the parties on the assessment date, the property is entitled to benefit by one -half of the homestead classification benefit. See OAG 232 -D, June 27, 1961. The subject property fails to meet the requirements for homestead classification in a second respect. The property must be used by the owner for purposes of a homestead. Several interpretations of the present use have been suggested to you. One is that the home is being maintained for the future occupancy of the owners, or being held ready for the occupancy of the owners. Neither of these characterizations satisfy the statute since neither actual use nor occupancy by the owners is contemplated. The test is not whether the arrangements by the owners are beneficial (protecting the home from burglary or vandalism); whether the arrangements are economically beneficial (renting versus house sitting); or whether the occupant has responsibility beyond mainte- nance or damages. The question is, rather, whether the owner is occupying the real estate and using it as a homestead. If we look upon Susan Halsch as a house sitter, the property is not being used by anyone as a homestead. If we look upon Susan Halsch as a tenant, the property is being used as a rental unit. If we look upon Susan Halsch as a person providing security from illegal elements, the property is not being used as a homestead. The question of whether or not Mr. and Mrs. Grindheim are residents of the State of Minnesota is not examined here since the property does not meet the twin tests of occupancy and use by the owner. Finally, we must recognize that every homeowner has the right to temporarily leave the homestead without losing the homestead classification. You indicate (without setting forth the facts of the case) that the Minnesota Department of Revenue will consider an absence (failure Peter M. Koole May 15, 1987 Page 4 to use and occupy) of up to one year to be temporary. Without going into the origin of this general rule or the kinds of absences which will qualify, it appears that the absence of the owners for a period of two and one -half years takes the case outside the definition of "tempo- rary" which has been applied by the Department of Reve- nue. It is clear from the facts of this case that an unfortu- nate inequity must necessarily result. Surely it is not the desire of the City of Brooklyn Center to add to the financial burden of those persons who make it their life's work to minister to the poor, the ill, and the hungry in the less fortunate parts of the world. We have the good fortune to live under the rule of law and, at times, the disagreeable responsibility of applying the rule of law even when we disagree with the result. Our responsibility to enforce the law is not lessened by a result which we may find repugnant to our sense of justice. We have no choice but to apply the law uniformly to all citizens who are similarly situated. In this case, it means that your decision to decline to classify the property of Mr. and Mrs. Grindheim as homestead property was the correct decision under the law. Sincerely, LeFEVERE, LEFLER, KENN DY, O'BRI N & RAWZ R and J. Schi er RJS /mc i ' G CITY OF 6301 SHINGLE CREEK PARKWAY BROOK BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 CENTER MEMORANDUM Date: May 18, 1987 To: Brooklyn Center Board of Equalization From: Peter M. Koole, City Assessor Subject: Addendum to Kevin P. Smith Appeal Vacant Lot - PID #34- 119 -21 -11 -0076 Mr. Smith, on May 18, provided us with an Engineer's Report done on May 28, 1986, by Twin City Testing Corporation. I have had Sy Knapp only very briefly review the data contained in the report_ I also consulted with Bo Spurrier regarding the engineering concepts involved with piling for construction over poor soil. The Engineer's Report recommends 30 -ton wood piles be driven 50 feet to support the residential structure. A similar depth of piles was necessary according to Bo at the new golf course clubhouse site. Bo indicated that a frame residence would require approximately 60% of the load capacity that was required at the clubhouse. Using 60 percent of the piling cost per square foot at the clubhouse ($12.00 X .60 = $7.20) times the ground coverage of a typical house and garage of 1700 square feet, we arrive at an estimated cost of ilin s alone of $12,240.00. Mr. Smith P g indicated the former owner of the lot estimated total costs to be $17,000.00. Recommendation: After consulting with Sy Knapp I feel a reasonable estimate from our valuation of $18,500.00 to cure the soil problem would be $15,000.00. I, therefore, recommend that the Board reduce the 1987 Estimated Market Value from $18,500.00 to $3,500.00. L __ 66 CITY OF 6301 SHINGLE CREEK PARKWAY BROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -544G ENTER MEMORANDUM Date May 15, 1987 _ To: Brooklyn Center Board - of Equalization From: Peter M."Koole, City Assessor "" d a Subject: Continued appeal - Kevin P.- Smith y Vacant Lot PID # 34- 119 -21 -11 -0076 At the Board of Equalization meeting on May 1987, Mr: Smith appeared to appeal the value placed on the vacant lot known as: Lot 5,.Block_3, Elsen's City View 2nd Addition. Mr. Smith indicated he would have an engineer's report and "soil borings by the next - day, May 12. We called Mr. Smith at the phone number he gave us on May 13, and May 14, - and left messages for him to contact us. As of this writing, we have not been contacted by Mr., Smith. RECOMMENDATION: In the absence of any evidence to support Mr. Smiths claim we recommend that the Board of Equalization affirm the assessor's 1987 Market Value of $18,500.00. 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Q�/ c, j'1s 1�llZ. 7�• C �� 9 )S /�o �. 1�� o .0,,by 1 � JL�?�j of ° '- �` ij' 7 s — - � aa -,26y — \i - / 3 S./ 9 . � 1 a, 3y fSi' P:, s 7s lla3 1' B j. 1 7 � 16 hl �S, ° 14 oo�L\ X11 °3t SF' . / ;S >� 7 sza�l (29 30 h 13 3 'oii• 1 0 7 ?? , 7 �•j �cl / .��nl �a 12 �.� 3ii�� 3C <,. �i /e\ �L 31 MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MAY 4, 1987 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 Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. 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, Public Works Coordinator Joe Oster, HRA Coordinator Brad Hoffman, Personnel Coordinator Geralyn Barone, ' and Administrative Aid Patti Page. INVOCATION The invocation was offered by Councilmember Hawes. OPEN FORUM Mayor Nyquist noted he had received a request from Steve Nelson, 6731 Scott Avenue North, to use the Open Forum session this evening. Mr. Nelson stated he was present this evening to discuss the situation at 6718 Scott Avenue North. He stated this home has been condemned and some of the utilities have been shut off. He briefly reviewed some of the problems at the residence and stated the concerns the and the other neighbors in the area had. He inquired if there was anything the Council could do to speed the process up and asked what the next step would be in this process. The City Manager stated staff is aware of some of the problems at the residence and noted other items of concern, which Mr. Nelson and other neighbors expressed, were being fully investigated. He stated there is a procedure which the Council has to follow for clean up of this home and noted the process can get quite lengthy if the owner does not cooperate. Councilmember Lhotka added the City does have certain powers within the City but noted the procedures must be followed. He stated the City Council cannot step into the middle of a problem and correct the situation. The City Manager ger stated he would 'contact Mr. Nelson by Thursday afternoon with an update regarding this problem. Mayor Nyquist inquired if there was anyone else present who wished to address the City Council. Gerald Christianson, 6852 Grimes Place North, came forward and stated he would like to address the problem he is having with the management of Victoria Townhomes. He noted that Victoria Townhomes are set up for HUD Housing (low income), and he believes the management company has not been handling the affairs of this development correctly for a number of years. He stated he is aware of a couple of cases where the management company kept the initial damage deposit plus additional charges for other cleaning items. He stated he is afraid to move out of the development because he cannot afford to Pay these additional charges. He noted he did have several other concerns which 5 -4 -87 -1- he felt should be discussed. The City Manager stated he would have someone in the Planning & Inspection Department contact Mr. Christianson by Wednesday to discuss Mr. Christianson's concerns. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested Any items removed from the Consent Agenda. Councilmember Hawes requested item l0k be removed from the Consent Agenda. Councilmember Lhotka requested item 6a be removed and Councilmember Theis requested item 10c be removed from the Consent Agenda. APPROVAL OF MINUTES - APRIL 20 1987 - REGULAR SESSION There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to approve the minutes of the April 20, 1987 City Council meeting. The motion passed unanimously. FINAL PLAT - ED TROMBLEY'S ADDITION There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to approve the final plat of Ed Trombley's addition, 61st Avenue at Colfax Avenue North.. The motion passed unanimously. PERFORMANCE BOND RELEASE - BOULEVARD PLAZA There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to release the performance bond for Boulevard Plaza, 7022 -7086 Brooklyn Boulevard. The motion passed unanimously. PERFORMANCE BOND REDUCTION - BROOKLYN CENTER BAPTIST CHURCH There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to reduce the performance bond from $25,000 to $10,000 for Brooklyn Center Baptist Church, 5840 Humboldt Avenue North. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 87 -91 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1985 -I (CIVIC CENTER CARPET REPLACEMENT IMPROVEMENT PROJECT NO. 1985 -16) The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. RESOLUTION NO. 87 -92 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF FOUR (4) POLICE PATROL SEDANS The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. 5 -4 -87 -2- RESOLUTION N0, 87 -93 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF ONE (1) COMPACT CARGO VAN The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. RESOLUTION NO. 87 -94 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO APPLY FOR A GRANT The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. RESOLUTION NO. 87 -95 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION TO AUTHORIZE A TEMPORARY POSITION OF ADMINISTRATIVE AID IN THE ENGINEERING DIVISION The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. LICENSES There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to approve the following list of licenses: BULK VENDOR LICENSE Curtis Products 3214 Dodds Ave. N. ' D & G Vending, Inc. 4313 NE Washington Street CIGARETTE LICENSE Theisen Vending Company 3804 Nicollet Ave. S. Brookdale Ford, Inc. 2550 County Road 10 FOOD ESTABLISHMENT LICENSE Brooklyn Center Babe Ruth Evergreen Park Brooklyn Center Babe Ruth Grandview Park Brooklyn Center Nat'l. Little League Lions Park Brooks Superette 6804 Humboldt Ave. N. Garden City School 3501 65th Ave. N. MECHANICAL SYSTEMS LICENSE Construction Mechanical Services 1307 Sylvan Street Egan & Sons Co. 7100 Medicine Lake Rd. Environ -Con, Inc. Box 1351 Furnace Care Inc. 8733 Humboldt Ave. N. Lakeview Heating & A/C 4342B Shady Oak Road Kleve Heating & A/C 13075 Pioneer Trail 5 -4 -87 -3- R & S Heating & A/C 21357 Hemlock Avenue T.G.S. Mechanical Inc. 50 Choctaw Circle Thermex Corporation 4850 Park Glen Road Thompson Air Inc. 5115 Hanson Court Fred Vogt & Co. 3260 Gorham Avenue NONPERISHABLE VENDING MACHINE LICENSE Theisen Vending Company 3804 Nicollet Ave. S. Brookdale Ford, Inc. 2550 County Road 10 RENTAL DWELLING LICENSE Initial: James Ferrara 6031 Brooklyn Boulevard SIGN HANGERS LICENSE Midway Sign Company, Inc. 444 North Prior Avenue SWIMMING POOL LICENSE Fun Services 3701 50th Avenue N. The motion passed unanimously. APPROVAL OF MINUTES - APRIL 6 1987 - REGULAR SESSION Councilmember Lhotka stated he was not present at this meeting and that is why he removed this item from the Consent Agenda. There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve the minutes of the April 6, 1987 City Council meeting. The motion passed. Councilmember Lhotka abstained from the vote. PRESENTATION OF AWARD TO CITY COUNCIL FROM MINNESOTA WATER SKI ASSOCIATION Mayor Nyquist recognized Hank Longo from the Minnesota Water Ski Association. Mr. Longo stated he was present this evening to ask the Council's permission to continue water ski training on upper Twin Lake. There was a general consensus among Councilmembers to allow water ski training on upper Twin Lake. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for Community Center Improvements, Project No. 1987 -05, Contract 1987 -C. The Director of Public Works noted the City. Council did approve pp the initial design concept for this J ro'ect which would include P reroofing of the Community Center and remodeling of the social hall and lobby. He briefly reviewed the project schedule and noted Al Mjorud was present this evening to answer any questions the Council may have. Councilmember Lhotka stated he was not present at the meeting in which the Council approved this project and inquired what the cost was of the roof design chosen. The Director of Public Works stated the design which the Council approved would cost approximately $210,000. Councilmember Lhotka stated he had discussed this item with the City Manager before the Council meeting and stated his preference for the lower cost proposal. He inquired what the difference was between the low and medium priced proposal. Mr. Mjorud of Carlson, Mjorud 5 -4 -87 -4- r Architecture, Ltd. (CMA) stated the main difference in the two proposals is the insulation system for the exterior roof. Councilmember Lhotka inquired where the moisture, which is rotting the roof deck, comes from. Mr. Mjorud stated there is a moisture vapor which in time rots away the roof decking. Councilmember Lhotka inquired if there would be any life extension on the roof decking if the medium priced proposal was installed versus the low priced proposal. Mr. Mjorud stated there is only a warranty on the newly installed materials. Councilmember Lhotka stated he still believes the roof decking would get the same type of protection from the lower priced proposal and the Council would be spending $35,000 less. Mr. Mjorud stated the low priced proposal is not recommended for installation over a swimming pool. A lengthy discussion then ensued regarding the two types of insulation proposals and whether either proposal would actually prolong the life of the roof decking. Councilmember Lhotka stated he still feels the City is throwing $35,000 away on something that will not matter in 20 to 30 years. He noted with either proposal the City would be gaining the same amount of time no matter how much money is spent. He added the present roof has lasted 15 years and even the low price proposal is an improvement over this period of time. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to reconsider the two proposals and to approve the low priced proposal. Mayor Nyquist noted the motion and second to reconsider must be made by a member of the Council who voted on the prevailing side. He noted Councilmember Lhotka was not present at the April 6, 1987 meeting, and Councilmember Theis voted against this issue. RESOLUTION NO. 87-96 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR COMMUNITY CENTER IMPROVEMENTS, PROJECT NO. 1987 -05, CONTRACT 1987 -C The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed with Councilmembers- Lhotka and Theis opposed. PUBLIC HEARING - PROPOSED PUBLIC UTILITY RATES FOR 1988 -1990 The Director of Public Works briefly reviewed the report which outlined the proposed utility rate increases for the years 1988 -1990. He went on to review the fees and the proposed increases for other items such as water meters, delinquent account charges, certification to taxes, and restoration of service. Councilmember Theis inquired if the 10% delinquent charge is a legal amount ` which the City can charge. The Director of Public Works stated he did not have the City Attorney check into this but other cities are using this type of fee. The City Manager stated he would have the City Attorney check into this matter. Councilmember Theis stated he was concerned with the 3 p.m. cutoff for water restoration and noted it seems to be fairly early in the day for most working people. He inquired if this $50 increase is simply a penalty or does the $50 help defray the cost of the employees wages. The City Manager stated the public 5 -4 -87 -5- ^'µ n i utility department works from 7 a.m. to 3:30 p.m., and this $50 increase pays the employees wages. The Director of Public Works noted this $50 increase is based on average overhead costs. Mayor Nyquist opened the meeting for the purpose of a public hearing on proposed public utility rates for 1988 -1990. An unidentified resident came forward and inquired if the City was investigating any ways in which to keep the water rates down. The City Manager stated staff has looked into that question and noted the City of Brooklyn Center employs the fewest number of public utility employees compared to most cities. He noted in most cities new customers are providing the revenues for the City, but in Brooklyn Center most of the residential and industrial areas are built up and there is no growth to provide these revenues. The resident inquired if the revenues from the public utility department were used for other purposes such as City employee's salaries. The City Manager stated the public utility revenues are used only for utility employees and this procedure is according to the City's Charter. Mayor Nyquist inquired if there was anyone else present who wished to speak at the public hearing. No one appeared to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to close the public hearing on proposed public utility rates for 1988 -1990. The motion passed unanimously. RESOLUTION NO. 87 -97 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PUBLIC UTILITY RATE SCHEDULES FOR THE USE AND CONNECTION TO THE SANITARY SEWER AND WATER SYSTEMS OF THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. CONTROL OF WILD GOOSE POPULATION IN CENTRAL PARK The Director of Public Works introduced Dr. Cooper of the University of Minnesota who is working on the wild goose population problem in the metro area. The Director of Public Works stated if there is a general consensus among Councilmembers to proceed with this program, a public meeting has tentatively been scheduled for May 21, 1987 at 7 p.m. Dr. Cooper briefly reviewed the type of programs used in the metro area to control the wild goose population. He noted Canadian geese are fairly new to the metro area. He stated when the Canadian geese were reintroduced to the metropolitan area, there was no indication they would grow in numbers and take over. He stated in the early 1970's there were approximately 600 Canadian geese present in the metropolitan area and at this time there are over 12,000 wild geese. Dr. Cooper stated there is very little known about the control of this situation, and there is no magic formula to control the increase in the population. He stated one of the first steps in decreasing the wild goose population is relocation of the young adult birds. He stated during the first year of the program all young adult geese would be taken from an area, and this 5 -4 -87 -6- would mean an approximate 50% reduction by the second year. He went on to explain the following steps and noted by the fourth year of the program the wild goose population could be reduced by as much as 95 %. Dr. Cooper stated one thing which must be decided is the desired number of geese wanted in a defined area. He stated the Council or staff would have to decide if they wanted no geese, 25 geese, etc. He stated the City of Minneapolis' goal is 75 geese for summer population. He noted one of the other concerns is the geese be handled humanely. He stated at this time the young adult geese are relocated to areas which have expressed a desire to have wild geese in the area. He noted eventually there will be no state or area which wants the geese and then long -term control will have to be maintained. Councilmember Scott inquired if the geese would be relocated as couples and families or separated. Dr. Cooper stated they try not to place adult couples or families together because an adult goose can find its way back to its original site, and if it is left with young ones, it will bring them back also. Councilmember Theis inquired as to the average life expectancy of a goose. Dr. Cooper stated it is approximately ten years in the metropolitan area. The Director of Public Works asked Dr. Cooper to address the issue of cost for this control to the City Council. Dr. Cooper stated the cost for this type of control is a fixed cost per site. He noted the price would be the same whether they catch 1 or 100 geese. He stated this average cost is $500 to $700 per site. He stated he would recommend setting up the program for Central Park for four years unless birds from other areas are contributing to the problem in Central Park. He noted other sites within the City could be left on a contingency basis unless these geese cause an aesthetic problem. Councilmember Lhotka inquired what the estimated population of wild geese is in Central Park. The Director of Public Works stated there were approximately 100 geese during the summer months and in the fall the numbers grew. Councilmember Lhotka inquired if there was a problem at Twin Lake. The Director of Public Works stated there does not appear to be a wild goose problem at Twin Lake. He noted the problem sites appear to be Central Park and Palmer Lake preserve. Dr. Cooper stated he would recommend removal of the young adults by the middle of June. The Director of Public Works inquired if a resolution were necessary for Dr. Cooper to proceed. Dr. Cooper stated no resolution would be necessary, but a public meeting should be scheduled to obtain citizen input. Councilmember Lhotka stated he feels now is the best time to begin this program before the golf course is complete and a problem occurs in that area. RECESS The Brooklyn Center City Council recessed at 8:55 p.m. and reconvened at 9 :12 p.m. DISCUSSION ITEMS LOCATION OF MAINTENANCE GARAGE AT CENTERBROOK GOLF COURSE The City Manager reviewed the proposed location of the maintenance garage at Centerbrook golf course and noted that originally the maintenance garage had been scheduled to be placed underneath the water tower. It was found the site 5 -4 -87 -7- was not a feasible location, and the maintenance garage was moved to its present proposed location. He stated a resident in the area has objected to the present location of the maintenance garage because it would be directly across from the windows in their home. The City Manager went on to review the two alternatives which have been proposed for the maintenance garage but noted the residents were not happy with either of these locations. Councilmember Lhotka inquired if there were any storage facilities on the Little League field. The City Manager stated there was a small storage building approximately the size of a single car garage. Councilmember Lhotka inquired if it would be possible to connect our maintenance garage with the Little League building. The City Manager stated the Little League building is being built on pilings, and this would be a very expensive way to install the maintenance garage. Councilmember Lhotka stated he believes one of the concerns of the resident is the hours of operation and the possible noise it will create. The City Manager stated the maintenance equipment that would be used for the golf course is not much noisier than the average car, and any actual maintenance to be done on the equipment would be handled at the municipal garage. Councilmember Theis inquired why the maintenance garage could not be placed under the water tower as originally proposed. The City Manager stated there were several health concerns and the possibility of weakening of the water tower if a fire were to occur. He stated it became apparent that placing the maintenance garage under the water tower was not a feasible plan. Councilmember Hawes inquired if there were any other location on the golf course where this building could be placed. The City Manager stated staff has reviewed the entire layout of the golf course and these are the only two alternatives left open to the City. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to approve the location of the maintenance garage for Centerbrook golf course according to the map for alternate site No. 3. The motion passed unanimously. PRIVATE KENNEL LICENSE - JAMES ZIMMER - 5729 BRYANT AVENUE NORTH The City Manager briefly reviewed the memorandum prepared by the Health Department regarding this application. Councilmember Lhotka asked if the applicant would respond to the Health Department's recommendation for a concrete pad for the dog run area. Mr. Zimmer stated he does plan to be moving within the next year, and he does not believe a concrete pad is necessary for this area. A brief discussion then ensued whether the Cit y required uired other q private kennel owners to install concrete pads and whether the ordinance actually states a concrete pad is necessary. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the private kennel license for James Zimmer, 5729. Bryant Avenue North, without the installation of a concrete pad for the dog run area. Councilmember Lhotka stated he would like to amend the motion to allow for the possibility the owner may still be living there in 18 months. He stated he thought the motion should reflect the point if the owner is still residing at 5 -4 -87 -8- 5729 Bryant Avenue North and if he does still have three dogs, he would then install the concrete pad. He noted also staff should review the requirements of the ordinance and the past licenses which have been issued. Councilmember Theis seconded the amendment to the original motion. The amended motion passed with Councilmembers Hawes and Scott opposed. RESOLUTIONS (CONTINUED) RESOLUTION NO. 87 -98 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED SHADE TREES (ORDER NO. DST05/04/87) The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. RESOLUTION NO. 87 -99 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION DECLARING MAY 19, 1987 AS MARY JANE GUSTAFSON DAY IN BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 87 -100 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION DECLARING MAY 15, 1987 THROUGH MAY 21, 1987 AS DRUG AWARENESS WEEK The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. The City Manager presented a Resolution Authorizing the Mayor and the City Manager of the City of Brooklyn Center to Execute an Easement Agreement on Behalf of the City of Brooklyn Center. He noted that this item pertains to an easement at Brookwood Estates, and this easement is necessary for purposes of ingress and egress for police and fire vehicles and for maintenance and repair Of utility lines. RESOLUTION N0. 87 -101 Member.Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND THE CITY MANAGER OF THE CITY OF BROOKLYN CENTER TO EXECUTE AN EASEMENT AGREEMENT ON BEHALF OF THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. The City Manager presented a Resolution Authorizing the Mayor and City Manager to Execute on Behalf of the City of Brooklyn Center a First Supplement to Declaration of Covenants, Conditions, Restrictions, and Maintenance Agreement 5 -4 -87 -9- for a Private Road. He noted this would establish a maintenance agreement for a private road at 7100 Brooklyn Boulevard. RESOLUTION NO. 87 -102 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND THE CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY OF BROOKLYN CENTER A FIRST SUPPLEMENT TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND MAINTENANCE AGREEMENT FOR A PRIVATE ROAD The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. The City Manager presented a Resolution Accepting Conveyance of Property (Outlot A, Brookdale Corporate Center). He noted this parcel of land is adjacent to I- 694 and is just north of Earle Brown Drive. RESOLUTION NO. 87 -103 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ACCEPTANCE OF CONVEYANCE The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. Councilmember Hawes stated he would like to ask a question about item 10L, a Resolution Authorizing a Temporary Position of Administrative Aid in the Engineering Division, which was approved on the consent agenda. He inquired where the funding for this position is coming from if no additional funding is necessary. The City Manager stated there are two vacant positions in that department at this time, and funds provided for these positions would be used for the new temporary position. ' DISCUSSION ITEMS (CONTINUED) PALMER LAKE TRAIL IMPROVEMENTS The Director of Public - Works reviewed the different segments of the proposed project and the estimated costs for each segment. He noted the approximate total cost for the recommended alignment of the trails is $51,760. He went on to review the funding for this proposed project and noted the Palmer Lake Basin Capital Project's Fund has a present balance of $22,815. Of this balance, he noted $5,908 is from unexpended LCMR funds which are available for construction of improvements in Palmer Lake Park if those improvements are completed during 1987. In addition, he stated the City's LAWCON Grant for Palmer Lake Park has an unencumbered balance of $5,399 which is also available for improvements in Palmer Lake Park if those improvements are completed during 1987. He stated if the project is approved for construction the additional funding, as needed, should be appropriated from the City's Capital Project Fund balance. Councilmember Scott inquired if segment 2, that area behind the homes on Oliver Avenue North, would be striped to define the areas for bikes and pedestrians. The Director of Public Works stated no plans for striping have been proposed. 5 -4 -87 -10- Councilmember Scott stated she is concerned with the liability the City may have if someone on a bicycle rounds a curve and hits a pedestrian. RESOLUTION NO. 87 -104 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1987 -12, PALMER LAKE TRAIL EAST, AND CALLING FOR A HEARING THEREON The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. SATELLITE AND DUMPSTER SCREENS FOR INSTALLATION IN PARK SYSTEM The Director of Public Works reviewed the list of sites which has been proposed to have satellite and dumpster screens constructed and the estimated construction costs for this development. He noted this screening would be similar to the screens which were constructed in 1984. Councilmember Lhotka inquired as to the cost of renting the satellite units each year. The City Manager stated he was not sure of the figure, but he would have staff collect that information for Councilmember Lhotka. RESOLUTION NO. 87 -105 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1987 -13 SATELLITE AND DUMP STER ENCLOSURE SCREENS WITHIN THE MUNICIPAL PARK SYSTEM, AND APPROVING PLANS AND SPECIFICATIONS - The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. ADDITIONAL TRAIL LIGHTING ALONG NORTHERLY PART OF TRAILWAY IN CENTRAL PARK` The City Manager explained during the original construction of Central Park the City had planned to install lights along trailways within Central Park. He noted because of objections from a resident living along Brooklyn Drive north of 63rd Avenue, no lights were installed along the north /south trailway which parallels Brooklyn Drive along the westerly border of Central Park. He stated over the last two years a number of requests have been submitted from residents requesting lights be installed in this area. He stated staff is proposing five lights be installed in the area at an estimated total cost of $8,700. The City Manager stated the Recreation Director has contacted all property owners in this area and requested their opinion as to whether lights should be installed at this point. The City Manager stated only positive comments were received regarding this proposal. RESOLUTION NO. 87 -106 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING INSTALLATION OF ADDITIONAL TRAIL LIGHTING ALONG NORTHERLY PART OF TRAILWAY IN CENTRAL PARK The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. 5 -4 -87 -11- EXTENDING ELECTRICAL SERVICE AND INSTALLING SCOREBOARD FOR CENTRAL PARK BASEBALL FIELD The City Manager stated the Director of Recreation has researched the cost of placing a scoreboard and electrical service in the baseball field in Central Park. He noted the estimated total cost of this project is $8,000. Councilmember Lhotka inquired if we have this type of board and electrical service at the softball fields in the City. The City Manager responded affirmatively. RESOLUTION NO. 87 -107 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION APPROVING INSTALLATION OF A SCOREBOARD FOR CENTRAL PARK BASEBALL FIELD The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. RECOMMENDATION FROM PARK & RECREATION COMMISSION The City Manager stated the Park & Recreation Commission has recommended the City Council include as a 1988 budget item funding for a consultant who would conduct a feasibility study on the undeveloped park land options at Twin Lake North peninsula, island, beach, and northern end, as well as the Kylawn preserve area. Councilmember Theis stated he would have no objections to considering this as a budget item, but he would not approve a budget appropriation at this time. The City Manager stated this item would be included in the proposed budget. LEGISLATIVE UPDATE The City Manager briefly reviewed some of the items covered in the Legislative Update magazine which he had included in the Council's agenda. He noted the legislature does not appear to be considering the needs of the local cities when making their decisions. He noted some of these items will be quite costly for the City. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott instructing the City Manager to send a letter to the City's legislators and representatives stating the City Council of the City of Brooklyn Center is in agreement with the League of Minnesota. Cities position. The motion passed unanimously. OTHER BUSINESS There was a motion by Councilmember Hawes and seconded by Councilmember Scott to appoint Scott Burnes, 7031 France Avenue North, to the Brooklyn Center Park & Recreation Commission. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:20 p.m. City Clerk Mayor 5 -4 -87 -12' -" 7b MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA Board of Equalization May 11, 1987 City Hall CALL TO ORDER The Brooklyn Center City Council met as the Board of Equalization and was called to order by Mayor Dean Nyquist at 7:05 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, and Bill Hawes. Mayor Nyquist noted Councilmember Theis was unable to attend this evening's meeting. Also present were City Manager Gerald Splinter, City Assessor Peter Koole, Property Appraiser Joe DaBruzzi, and Administrative Aid Patti Page. _PURPOSE OF BOARD OF EQUALIZATION The City Manager reviewed the purpose of the Board of Equalization meeting and pointed out the City Council was serving as the Board of Equalization to conduct a review of assessed valuation within the City, and to allow time for public inquiry regarding local assessments after the City Assessor makes his report. The City Manager introduced Peter Koole, City Assessor, who pointed out there are various steps an individual may take when seeking adjustments in their • valuations, and he explained the meeting tonight is the first step, after which the inquiries pass on to the County; and the County then passes it on to the State for their review. He noted if an individual prefers to bypass these steps he may go directly to tax court. He added the Board of Equalization reviews the City Assessor's work, and he explained the City appraisers are fully certified by the State of Minnesota. He stated the Assessor's responsibility is to treat the value of similar properties in similar ways with regard to valuations. He also noted the City Assessor's office has asked that people call his office prior to the Board of Equalization meeting to make an appointment with the staff to discuss the particular request, and also, if necessary, to register for an appearance at the Board of Equalization. He explained the people who pre - registered would be handled first at this evening's meeting. THE CITY ASSESSOR'S REPORT The City Assessor next reviewed the sales ratio studies. He explained the sales ratio study was a substantive part of what is done by the Assessing Department. He briefly reviewed the 1987 sales ratio study; noting the aggregate ratio is 92.7 %; the median ratio is 92.7 %; and the coefficient of dispersion is 4.9 %. He then briefly discussed the definition of a coefficient of dispersion. He stated the average sale price of a home in Brooklyn Center is $72,176, and the average market value is $66,919. He also explained the Assessing Department analyzes the sales by style, location, price, age, and neighborhood. He reviewed the valuations of several homes located in different parts of the City, including homes located on a lake or river, in proximity to a highway or freeway, commercial and multiple family units, and homes located near park land. 5 -11 -87 -1- PUBLIC INQUIRY REGARDING LOCAL ASSESSMENTS The City Manager explained three pre- registrations had been received for - this evening's meeting. Mayor Nyquist recognized Edward Noble, owner of 5117 Xerxes Avenue North. Mr. Noble explained there is vacant land attached to his property, and this parcel is landlocked property. He stated no access can be gained to this vacant parcel unless it is across his residential property. He stated he does not feel the market value for this vacant piece of property should have been increased to $1,700. He noted the property can never be developed and will always be attached to his lot. Councilmember Lhotka inquired what the property value was in 1986. The City Assessor stated his staff is looking up that information. He briefly reviewed the report which was submitted on this parcel of land and noted over the past year the appraiser has revalued all landlocked parcels. He stated the value of a vacant parcel is very difficult to prove in Brooklyn Center because there are not many vacant parcels, whether they be buildable or not buildable, left in Brooklyn Center. The City Assessor stated Mr. Noble's property was valued at $1,000 in 1986. He added this value dates as far back as 1979 and possibly longer. Mayor Nyquist inquired if the lot would meet the minimum requirements for a buildable lot. The City Assessor stated it would be just short of minimum requirements, but it would need its own access. He noted if the land did have its own access and were buildable it would be valued at $19,000. Councilmember Lhotka stated he would have no objections leaving the market value at $1,000. Mayor Nyquist inquired if the present lot and attached parcel were combined into one single parcel would the total market value change. The City Assessor responded negatively. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to reduce the 1987 market value for the property located west of 5117 Xerxes Avenue North, PID #10- 118 -21 -11 -0009, to $1,000. The motion passed unanimously. The City Assessor introduced the next appeal which was from Walt Filson, who was representing Mr. & Mrs. Neil Grindheim. Mr. Filson stated Mr. & Mrs. Grindheim are missionaries in Indonesia and they are presently renting their home during their absence. He noted the home is being rented for less than most apartments charge in the City. He added the rent barely covers the principal and interest for the house payment. He stated the Grindheim's are contesting the loss of their homestead status and noted the loss of this status is creating a hardship for them. Councilmember Scott inquired if there was a law regarding temporary absences and homestead status. The City Assessor stated there is no law regarding temporary absences, but the Attorney General has made a ruling that temporary absences of up to one year may still qualify a home for homestead status, as long as the home is not rented out. He noted it is quite clear the home is rented out, and he made his recommendation based upon the law and the Attorney General's opinion. He noted the County Attorney concurs with his recommendation. Mayor Nyquist inquired if it would be possible for the City Attorney to look into this matter more fully. Councilmember Lhotka stated at this point he would have to agree with the City Assessor's recommendation, but 5 -11 -87 -2- T . he would like to see the issue investigated more fully so the Council could possibly change the property back to homestead status. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to continue the homestead appeal for 801 Woodbine Lane, PID #25- 119 -21 -31 -0090, until the May 18, 1987, City Council meeting. The motion passed unanimously. The City Assessor stated the next appeal was from Dennis Leonard, 4207 Lakeside Avenue, Unit #325. He stated Mr. Leonard is not present at this evening's meeting and added he is recommending the market value be reduced to the 1986 level. The City Assessor stated the Board is being petitioned regarding 18 units which would be affected by the outcome of the Board's decision. He stated the 1987 value was estimated using a limited sampling of sales. He noted since the time of the valuing staff has been advised that one of the sales appears to be bogus and is in foreclosure at this time. With this information, he stated staff looked at more recent months for additional sales and did find two sales of this style unit which indicates staff has over valued the 18 units. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to concur with the City Assessor's recommendation reducing the values for the following PID numbers: 10- 118 -21 -32 -0082, 10- 118 -21 -32 -0083, 10- 118 -21 -32 -0095, 10- 118 -21 -32 -0096, 10- 118 -21 -32 -0111, 10- 118 -21 -32 -0112, 10- 118 -21 -32 -0122, 10- 118 -21 -32 -0123, 10- 118 -21 -32 -0136, 10- 118 -21 -32 -0137, 10- 118 -21 -32 -0152, 10 -118- 21 -32 -0153, 10- 118 -21 -32 -0163, 10- 118 -21 -32 -0164, 10- 118 -21 -32 -0177, 10- 118 -21- 32 -0178, 10- 118- 21 -32- 0193, and 10- 118 -21 -32 -0194. The motion passed unanimously. Councilmember Lhotka inquired why one owner out of 18 felt the value was too high. He also inquired if the values may be going too far back in the other direction. The Property Appraiser stated most models at the Beach have actually gone down in value in the past year and these 18 units will be slightly on the high side. The City Assessor stated three more appeals have been received for this evening's meeting, and he would like to review the next appeal. He stated the fourth appeal comes from Bruce Sanders, representing the owners of the property known as Northbrook Shopping Center. He stated Mr. Sanders wishes to appeal the 1987 valuation; however, due to time constraints Mr. Sanders is not able to appear in person or furnish any information for this evening's meeting. He stated Mr. Sanders wished to have his appeal read for the Board to protect his options for the future appeals process. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to accept Mr. Sanders appeal into the record and to affirm the Assessor's 1987 valuation for the following PID numbers: 02- 118 -21 -13 -0024, 02- 118 -21 -13 -0025, 02- 118 -21 -13 -0026, 02- 118 -21 -13 -0027, and 02- 118 -21 -13 -0028. The motion passed unanimously. The City Assessor introduced the next appeal which was from Kevin Smith. Mr. Smith stated he owns a vacant lot on 68th Avenue and has found this particular lot needs substantial soil correction work before it is buildable. ildabl He noted the present market value is $18,500, and he believes this value much too high. The 5 -11 -87 -3- 7 City Assessor stated the City will need evidence of the soil problems before any action can be taken. Mr. Smith stated he would have evidence by Tuesday, S May 12, 1987. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to continue the appeal of the market value on a lot located on 68th Avenue, PID #34- 119 -21 -11 -0076, until the May 18, 1987, City Council meeting. The motion passed unanimously. The City Assessor introduced the next appeal which was from Scott Regan, representing Osseo - Brooklyn Bus Company. The City Assessor stated he and Mr. Regan had spoken earlier in the day, and he had made a recommendation at that time to reduce the market value to $160,900 for the vacant property (Subrecord No. 2) connected to Mr. Regan's land. The City Assessor then briefly reviewed the present market value and the reduction in market value which he is recommending. He added no change is recommended for the bus garage, Subrecord No. 1. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to reduce the market value for the property at 4435 68th Avenue North, PID #34- 119 -21 -22 -0012. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to continue the Board of Equalization meeting to the May 18, 1987, City Council meeting_ The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to adjourn the Board of Equalization meeting. The motion passed unanimously. The Board of Equalization adjourned at 7:55 p.m. City Clerk Mayor 5 -11 -87 -4- i MEMORANDUM TO: Ronald A. Warren, Director of Planning and Inspection FROM: Clay Larson, Building Inspector DATE: May 14, 1987 SUBJECT: Performance Guarantee The following performance guarantee is recommended for release: 1. Westbrook Mall 5717 Xerxes Avenue North Planning Commission Application No. 85038 Amount of Guarantee - $25,000 (Certificate of Deposit) Obligor - Integrated Resources High Equity Partners, Series 85 This project,which was mainly moving the access to Brooklyn Boulevard,is now complete. All curb and gutter and asphalt has been installed and existing asphalt has been patched. The only landscaping was replacement of sod and that has now been done. I inspected the project with Dave Anderson of the Engineering Department;and we are satisfied with the work. I recommend total release of this guarantee subject to the City Engineer's acceptance of a sidewalk easement agreement. • Approved by .,o , Ronald A. Warren, Director of Planning and Inspection Cl i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED SHADE TREES (ORDER NO. DST05/18/87) WHEREAS, a Notice to Abate Nuisance and Diseased 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 diseased shade trees on the owners' property; and WHEREAS, the City can expedite-the removal of diseased shade trees by declaring diseased shade trees a public nuinance: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that: 1. The diseased shade trees at the following addresses are hereby declared to be a public nuisance. PROPERTY OWNER PROPERTY ADDRESS TREE NUMBER FRANCES P MICHNOWSKI 2107 ERICON DRIVE 10 CHIPPEWA PK INV GP 6507 CAMDEN AVE NO 11 LEE /ROSELIE PETERSON 5706 HUMBOLDT AVE NO 17 JAMES V ECKMAN 5624 HUMBOLDT AVE NO 18 ROBERT M MADICH 3218 64TH AVE NO 19 HARRY SLATER 5406 JAMES AVE NO 20 HERBERT A ZWIRN 5500 BRYANT AVE N 21 HERBERT A ZWIRN 5500 BRYANT 22 HERBERT A ZWIRN - 5500 BRYANT AVE NO 23 HERBERT A ZWIRN 5500 BRYANT AVE NO 24 HERBERT A ZWIRN 5500 BRYANT AVE NO 25 HERBERT A ZWIRN 5500 BRYANT AVE NO 26 HERBERT A ZWIRN 5500 BRYANT AVE NO 27 HERBERT A ZWIRN 5500 BRYANT AVE NO 28 HERBERT A ZWIRN 5500 BRYANT AVE NO 29 FRANCES MICHNOWSKI 2107 ERICON DRIVE 30 JOHN A LOGAN 5303 KNOX AVE NO 31 RAYMOND J MAROTTECK 5310 KNOX AVE NO 32 JERRY TRUMAN 5519 LYNDALE AVE NO 33 JERRY TRUMAN 5519 LYNDALE AVE NO 34 JERRY TRUMAN 5519 LYNDALE AVE NO 35 JERRY TRUMAN 5519 LYNDALE AVE NO 36 RAYMOND P SIGURDSON 5631 HILLSVIEW ROAD 37 D. JENSEN /J. PROELL 2009 BROOKVIEW DRIVE 38 E MORRIS /C PETERSON 5231 HOWE LANE 9 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 ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. qb Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE DOMESTIC ASSAULT INTERVENTION PROJECT BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the Mayor and City Manager are hereby authorized to enter into an agreement with the Domestic Assault Intervention Project for the general purpose of intervening in domestic assault cases by providing information and advocacy for victims of domestic assault and by advocating appropriate responses to assailants within the criminal justice and mental health systems. Date Mayor ATTEST Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Jim Lindsay, Chief of Police DATE: May 12, 1987 SUBJECT: Domestic Assault Intervention Project 1987 Contract Attached please find a copy of the 1987 contract from the Domestic Assault Intervention Project. The amounts listed in the contract are the same amounts approved for the project in the 1987 Budget. There was a delay in getting the contract to us as g Y g g it is drawn up by the Minnesota Program Development, Inc.; who is the home organization for our project and is based in Duluth. You will note that the contract calls for the half of the fee for 1987 to be paid in May. This amount has not been paid at this time and will be processed after the contract is signed. We feel the Domestic Assault Intervention Project has been a success in the City of Brooklyn Center. It helps relieve officers from the scene and helps the City Attorney's office in preparing the witness for court. I recommend that this contract be signed for 1987. AGREEMENT This is an agreement effective January _ nuary 1, 1982, between the city of Brooklyn Center, a municipal corporation of the State of Minnesota (hereinafter City) and the Minnesota Program Development, Inc., a duly organized non-profit corporation (hereinafter MPDI). WHEREAS, MPDI has organized a Domestic Assault Project within the city of Brooklyn Center for the eneral 9 purpose.. of intervening domestic assault cases by providing y g information _ and - advocacy for victims of domestic assault and by advocating appropriate responses to assailants within the criminial � _. justice and mental health systems; and WHEREAS, City, recognizing .its commitment to the exploration-and development of appropriate 'community actions in response to domestic violence, has pledged the sum of Eighteen Thousand Seven Hundred Fift � _ y and No /l 00 Dollars ($18,750) for 1987, to contract with MPDI for the services of MPDI in accordance with MPDI's Domestic Assault Intervention Project. NOW THEREFORE, in consideration of the mutual covenants and conditions too ns hereinafter contained, the parties hereto mutually agree as follows: 1. Term: MPDI shall render services to City in accordance with MPDI's Domestic Assault Intervention Project, for a period of one year, beginning 9 g Y 1987, and ending December 31, 1987. 2. Duties of MPDI: During the period specified in Section 1, MPDI shall provide City with the services of trained and qualified Project Staff who will work a minimum of 20 hours per week. MPDI, in conjunction with Project Staff, shall provide the following services: a. Administer and supervise implementation of MPDI's Domestic Assault Intervention Project in the City of Brooklyn Center. b. Recruit, train and supervise volunteers in accordance with MPDI's Domestic Assault Intervention Project and maintain a 24 -hour schedule of volunteers and /or Project Staff. C. Upon notification b Ci y police department, trained volunteers and /or Project Staff will follow domestic assault arrests with immediate visits to the homes of victims (within one hour of arrest). d. At the time of the visit to the home and throughout the arrest and court process, trained volunteers and /or Project Staff will 1 -2- provide domestic assault victims with information concerning emergency shelter, protective orders, legal services, and support /educational groups available to domestic assault victims. e. Trained volunteers and /or Project Staff will follow domestic assault arrests with visits to assailants in the.detention facility. Such visits will take place prior to the assailant's arraignment. City police department will allow trained volunteers and /or Project Staff into the detention facility visitors' area for this purpose. f. During the visit in the detention facility, assailants will be provided with information on the Domestic Assault Intervention Project and information about domestic assault service agencies and counseling. f g. In cases where arrests are not made, Project Staff will attempt to contact persons identified as victims with information as set forth in paragraph (d) above. City police department will provide access to information for this purpose. h. Maintain a twenty four hour telephone service. MPDI, through its twenty four hour telephone service shall contact the appropriate Project personnel and volunteers as soon as domestic assaults and /or arrests are called in by the Brooklyn Center Police Department. i. Provide weekly support /educational groups for victims. j. Develop and provide a training program to the Brooklyn Center Police Department on the Domestic Assault Intervention Project. k. Generally act as a support for City domestic assault victims and their children. i 1. Provide quarterly reports to City within 30 days after the end of each quarter addressed as follows: City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Mn. 55430 Attention: Chief James Lindsay m. The Coordinator of the Project shall meet with City staff periodically as the demands of the Domestic Assault Intervention Project require. All of the above duties shall be performed by MPDI in consultation with City Police Chief or his delegate. 3. Consideration: The total obligation of the City for all compensation and reimbursement to MPDI shall not exceed eighteen thousand seven hundred fifty dollars ($18,750). -3- 4. Terms of Payment: Consideration for all services performed by MPDI pursuant to this agreement shall be - paid by the City as follows: a. _ Reimbursement shall be made in three payments. b. Payments shall be made by the City promptly after MPDI's presentation of invoices for services provided. C. Invoices shall be submitted to the. City by MPDI in the form of the Domestic Assault Intervention Project Invoice, attached hereto and incorporated as Exhibit A. Invoices shall be due according to the following schedule: May 5, - 1987 $9,374 July 1, 1987 $4,688 October 1, 1987 $4,688 Said invoices shall be mailed to: ;. City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Mn. 55430 Attention: Chief James Lindsay 5. Cancellation: This agreement may be cancelled by the City or MPDI at any time, with or without cause, upon thirty (30) days written notice to the other party. In the event of such cancellation, MPDI shall be entitled G to payment determined on a pro rata basis for work or services performed up to the date of cancellation. 6. Liability: MPDI is acting as an independent contractor. Any Project Staff provided hereinunder, or other agents, or employees of MPDI shall not be employees of City, and MPDI agrees to be responsible for any and all workers' compensation, employee benefits, withholding, F.I.C.A., and taxes applicable to such persons. Nothing contained in this agreement shall render either party an agent of the other for any purpose, or either party liable for any debts, liabilities, or obligations of the other, whether now existing or incurred in the performance of this agreement, and neither party shall have the authority by virtue of this agreement to represent or bind the other in any manner whatsoever. 7. Insurance: MPDI hereby further agrees to carry and keep in force all applicable insurance including but not limited to liability insurance and workers' compensation insurance. Said insurance policies shall be reliable insurance companies licensed to do business in Minnesota. j -4- 8. Indemnification MPDI agrees to indemnify and keep indemnified and defend, hold and save City harmless from and against any and all actions or cause of action, claims, demands, loss, damage or expenses, including reasonable attorney's fees, which City shall or may at any time sustain, precipitate, or incur by reason of the conduct of MPDI or employees, agents or servants of MPDI acting within the scope of an in connection with the Domestic Assault Intervention Project. 9. Non- Assignability: This agreement is personal to the parties specified herein and may not be transferred or assigned by either party hereto. 10. Integration: This written agreement constitutes the entire understanding of and fully sets forth the rights and obligations of the parties hereto, and shall not be altered or modified except by an instrument in writing and signed by the Director of MPDI and City Manager. 11. Services to be rendered pursuant to this agreement shall be provided regardless of race, color, national origin, religion or sex. IN WITNESS WHEREOF, the parties have caused the execution of this agreement on their behalf by their duly authorized representatives. CITY OF BROOKLYN CENTER By Its Mayor By Its City Manger MINNESOTA PROGRAM DEVELOPMENT, INC. By • Its Director EXHIBIT 'p rt MINNESOTA PROGRAM DEVELOPMENT, INC. DOMESTIC ASSAULT INTERVENTION PROJECT _ INVOICE DATE Chief James Lindsay Brooklyn Center Police Department 6301 Shingle Creek Parkway Brooklyn Center, Nfn. 55430 Total amount contracted by the City of Brooklyn Center for services provided by the MPDI Domestic Assault Intervention Project for 1986: Amount received to date: Amount now due as per 1986 contract: Pay to the order of: Minnesota Program Development, Inc. Mail to: Minnesota Program Development, Inc. 206 West 4th St Duluth, Minnesota 55806 qC' Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE ANOKA COUNTY FIRE ARMS TRAINING RANGE WHEREAS, the Brooklyn Center Police Department has been permitted the use of the Anoka County Fire Arms Training Range; and WHEREAS, this use is being permitted at no charge to the City of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City Manager is hereby authorized to execute a Release of Liability /Hold Anoka County Harmless Agreement. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Jim Lindsay, Chief of Police DATE: May 4, 1987 SUBJECT: Liability Release for Anoka.County Range Hennepin County has closed their range located in Golden,Valley_. They are attempting to secure another range in a less densely populated area._ Anoka County has agreed to allow us to-use-their range - free of charge. They do require that the City sign a liability release form. The form has been reviewed by City Attorney, Charles LeFevere. He has made an addition to the form with the_.approval of Anoka County_ Attorney Tony_ Palumbo. The form and LeFevere's letter are both attached for your review. I recommend that the agreement be executed on behalf of the City. LeFevere Lef ler Kenned�- O'Brien & Drawz a Professional Association 2000 First Bank Place West Apri 22, 19 8 7 Minneapolis Minnesota 55402 Telephone (612) 333 -0543 Telecopier (612) 333 -0540 Mr. James Lindsay Clayton L. LeFevere Chief of Police Herbert P. Lefler 6301 Shingle Creek Parkway J. Dennis O'Brien Brooklyn Center MN 55430 John E. Drawz i David J. Kennedy Joseph E. Hamilton Re Firearms Range Release Form John B. Dean Glenn E. Purdue Richard J. Schieffer Dear Chief Lindsay: Charles L. LeFevere Herbert P. Lefler III James J. Thomson, Jr. You have asked that we review the RELEASE OF LIABILITY/ Thomas R. Galt AGREEMENT TO HOLD ANO:A COUNTY HARMLESS which Anoka Dayle Nolan County requires to be executed by the City prior to use Brian F. Rice b y p olice officers of the County Firearms Range. I have John G. Kressel Ja s M. Strommen amended the Agreement by adding a second sentence to H. Batty T P. Jordan p aragraph three as follows.: "Nothing herein shall be Kurt .Erickson deemed a waiver by either the undersigned governmental William R. Skallerud unit or Anoka County of limitations on municipal lia- Rodney D. Anderson bility provided by Minnesota Statutes 1986, Chapter 466." Corrine A. Heine David D. Beaudoin Paul E. Rasmussen I have discussed making this change with Mr. Tony Palumbo Steven M. Tallen of the Anoka County Attorney's Office. He had no objec- Mary F. Skala tion to the addition of such la Christopher J. Harristhal Timothy J. Pawlenty Rolf A. Sponheim With the change I have made in the form, I have no objections to the form of the agreement. If you have any questions, please feel free to give me a call. Very truly yours, Charles L. LeFevere CLL:rsr Enclosure cc:(w /Enclosure) Mr. Tony Palumbo RELEASE OF LIABILITY/ AGREEMENT TO HOLD ANOKA COUNTY HARMLESS The undersigned governmental unit understands that their personnel are using the Anoka County Firearms Training Range at their convenience at no cost to the governmental unit. The undersigned also understands that Anoka County is not providing supervision in any manner and that Anoka County only is allowing personnel of the undersigned to use the Firearms Training Range for firearms training purposes. In consideration for that use, the undersigned does g agree: 1. The undersigned specifically assumes any and all risk of accident and injury arising from the handling and /or discharge of firearms by their personnel or any other person or from injury by any other cause, while on the Anoka County Firearms Training Range property. Further, the undersigned agrees to release the County of Anoka, its servants, .agents, employees, or its elected officials from any liability for damages sustained as a result of the use by their personnel of the Firearms Training Range for firearm training purposes. 2. The undersigned specifically agrees to indemnify, save, defend and hold the County of Anoka, its employees, agents, servants or its elected officials, harmless from any and all damages which the undersigned may sustain as a result of injuries incurred, to their personnel or to any other person, while using firearms at the Anoka County Firearms Training Range. 3. The undersigned specifically understands that this RELEASE OF LIABILITY /AGREEMENT TO HOLD ANOKA COUNTY HARMLESS will remain on file with the Anoka County Sheriffs Office and will be considered valid for each time that personnel of the undersigned use the Anoka a County Firearms Training Range. Nothing herein shall be deemed a waiver by either the undersigned governmental unit or Anoka County Of limitations on municipal liability provided by Minnesota Statutes 1986, Chapter 466. NAME: (printed) Date: AUTHORIZED 1987. SIGNATURE: TITLE: ATTEST: Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPOINTING THE CITY MANAGER AND THE CHIEF OF POLICE TO THE MINNESOTA POLICE RECRUITMENT SYSTEM BOARD OF DIRECTORS BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that the City Manager is hereby appointed to serve as Director on the Minnesota Police Recruitment System Board of Directors. BE IT FURTHER RESOLVED that the Police Chief is hereby appointed to serve as Alternate Director on the Minnesota Police Recruitment System Board of Directors. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. MINNESOTA POLICE RECRUITMENT SYSTEM 813 TWELVE OAKS CENTER • WAYZATA, MINNESOTA 55391 - (15500 WAYZAYA BLVD.) PHONE (612) 475 -1771 April 23, 1987 Dear Mayor: I am writing with regard to your City's current representatives on the MPRS Board of Directors. Following are the persons (or - officials) whom your City Council last' appointed to this Board: Director - Gerald Silinter Alternate Director - James Lindsay In some cases persons who no longer are associated with a community continue to be listed -as that community's "official" representatives to the MPRS. For this reason we recommend either that representatives be appointed by position (e.g., the City Manager and the Police Chief) or that they be reviewed on an annual basis by the-City Council,.._ If your community wishes to change its representation on the MPRS Board of Directors, a resolution to that effect should be adopted by your City Council. A certified copy of this resolu- tion then should be sent to the MPRS offices at the above address. We also recommend that the person most likely to attend MPRS Board meetings be appointed as each community's Director. While either the Director or Alternate Director are eligible to vote at Board meetings, only a community's Director is eligible to serve on the MPRS Executive Committee. If you have any questions regarding the above matter, please feel free to contact me. Very truly yours, Larry homp n Mana k ment onsultant to the MPRS LT/ pp cc: City Administrator /0a.. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 1.8rh day of May 1987 at 7 : 30 p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to the Sign Ordinance regarding off - premise advertising signs. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE NO. AN ORDINANCE MENDING CHAPTER 34 OF THE CITY ORDINANCES REGARDING OFF- PREMISE ADVERTISING SIGNS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 34 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 34 -100. STATEMENT OF PURPOSE. The purpose of this ordinance is to protect and promote the public health, safety, and welfare within the City by the establishment of comprehensive standards, regulations, and procedures governing the erection, use or display of devices serving as visual communications media; to Promote and preserve aesthetics within the City; to provide for necessary visual communication; to preserve and promote a pleasant physical environment; to protect public and private property; and to encourage safety upon the streets and highways within the City of Brooklyn Center, by regulating the type, number, structure, size, location, height, lighting and the erection and maintenance of all outdoor signs and sign structures within said City. The City Council finds that off - premise advertising signs constitute traffic safety hazards and are unattractive. The provisions of this Chapter regulating off - premises advertising signs are consistent with other efforts within the City to enhance aesthetics and promote traffic safety, such as regulations pertaining to solid waste disposal , anti- littering, and traffic safety. Section 34 -110. DEFINITIONS. Billboard - [A sign located off of the premises where its subject establishment, product, service, or activity is located, manufactured, sold, offered, displayed, or conducted.] See Off - Premises Advertising Sign. Off- Premise Advertising Sign. - A sign that directs attention to a business, commodity, service, or entertainmen of exclusively related to the premises on which the sign is located or to which it is affixed. ' Section 34 -130. PROHIBITED SIGNS. 11. [Billboards, except as provided in Section 34 -140, Subdivisions 2c, 2f, 2h, 21, 2k, 21, (1) ; or billboards which may be approved in conjunction with an Administrative Permit as provided in Section 35- 800 of the City Ordinances; and certain rummage sale billboards as provided in Section 34 -140, Subdivision 2m of the City Ordinances.] Off- Premises Advertising Signs except as otherwise permitted by Section 3 4 -140 and Section 3 - 5__-_� 00 of the City Ordinances. ' ORDINANCE N0. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 19 Mayor ATTEST: Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted. and that ad4--quate fLindinq should be provided to complete the project. IIe added that he believes Central Park will be a focal point of the entire area. Councilmember Scott stated she agrees with Councilmember Hawes and added that matching funds were part of the bond issue. Councilmember. Theis stated that a great deal of plantings were included in the bond issue and that he would like to see the maximum use of the grant funds. Councilmember Lhotka stated that the price per tree has increased considerably, and that he is looking at the situation from the standpoint: of where the money should be best spent. RESOLUTION NO. 82 -162 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING CENTRAL PARK IMPROVEMENT PROJECT NO. 1982 -24, APPROVING PLANS A2 ?D SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1982 -L) 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, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: Gene Lhotka, whereupon said resolution was declared duly passed and adopted. F me e City Manager introduced a Resolution Establishing Palmer Lake. Basin Improve- nt Project No. 1982 -25, Approving Plans and Specifications, and Directing Advertisement for Bids (Contract 1982 -M) The City Manager stated that a meeting was held with residents of the Palmer Lake area who were concerned over the proposed trails along the southeast portion of the park. He proceeded to review the Palmer Lake Basin Improvement Project plans for Council members, including the alternate bids regarding the dredging of Palmer Lake. He pointed out that tree removal would be kept to a minimum under the project and he continued to review the trails, both existing and proposed. He noted • wood chip path is proposed along the north and west side of the wooded area and that • proposed alternate would be blacktop paths. The City Manager explained that the DNR has required detailed plans to be submitted to them before they approve any proposals for Palmer Lake Basin. He pointed out that many proposals in the plans this evening are subject to DNR approval. Discussion continued regarding the plans for the Palmer Lake Basin. Several residents of the Palmer Lake area neighborhood were present at the meeting including Mr. Kipton Narbo, 6937 Oliver; Dan Eliff, 6931 Oliver; Barry, Brian, and Lorraine Lofquist, 6925 Oliver; Alan and Nancy Helfinstine, 6907 Oliver; and Howard and Harriet Oien, 6919 Oliver. Mr. Howard Oien expressed a concern over the location of the trail in the secluded area behind their homes, along Oliver, and also expressed a concern over the possible molestation of small children and rapes that could occur if the trail were built. He also expressed a concern over fires in the area, and stated that he would rather see the trail connect to 69th and avoid the secluded area. He added that he is also concerned over the odor of the dredged spoils which would result from the dredging. 8 -23 -82 -5- A petition was presented to the City Council from residents in the area around Palmer Lake. The petition expressed opposition to the proposed t:rai1s in the Palmer Lake Basin area. Council discussion continued regarding the proposed Palmer Lake Basin Improvement Project, and Councilmember Hawes inquired whether an observation point could be dead -ended before the trail enters the area that the residents are concerned about. The City Manager pointed out that there would be limited visibility from this area. Council discussion continued regarding the Palmer Lake Basin Improvement Project. The City Manager pointed out that if the project is approved this evening in its present .form it will go out on bids. -Councilmember Lhotka commented that if the Council approves the project to go out on bids, the contract will have to be approved by the Council when the bids are returned. The City Manager stated that he would notify the residents of the area when the bids on the project are in. RESOLUTION NO. 82 -163 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PALMER LAKE BASIN IMPROVEMENT PROJECT NO. 1982 725 APPROVING PLANS AND SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1982 -M) 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 voted against the same: none, whereupon said resolution was declared duly passed and adopted. PUB _H XES _ EARING ON SPECIAL ASSESSMENTS F OR IMPROVEMENT PROJECT,NO. 1982 -02 (XER AV ENUE, 55TH AVENUE, 56 AVENUE RECO The City Manager pointed out that the contractor completed the project one month ahead of schedule. The Director of Public Works reviewed the project costs pointing out that the estimated cost was $415,050 and the adtual cost was $298,171.52. He proceeded to review the zones in the project and pointed out that notices'of the proposed assessments and of this hearing have been sent to the owners of all benefited properties, and that notice of the hearing has also been published in the official newspaper. He added that no written correspondence has been received with regard to the assessments. Mayor Nyquist opened the meeting for the purpose of a public hearing on Special Assessments for Improvement Project No. 1982-02. He inquired if there was anyone present who wished to speak at the public hearing. No one appeared to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to close the public hearing on special. Assessments for Improvement Project No. 1982 -02. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTION NO 82 -16 Member Gene Lhotka introduced the following resolution and moved its adoption: 8 -23 -82 -6- J w A owners in the area would think and suggested that it would be advisable if they were notified of the request. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to authorize the staff to notify neighboring property owners of the request by C.E.A.P., and to proceed with erecting the street sign as requested by C.E.A.P. if no objections were received from the adjoining property owners. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTIONS (CONTINUED The City Manager introduced a Resolution Accepting Bid an d Approving Contract 1982 -M (Palmer Lake Basin Site Improvements). The City Manager noted that the bids for,the project had been received and that certain portions of the project received objections on the part of the residents near the project area. He explained the base bid would include a wood chip path behind Oliver Lane and that Alternate No. 3 would make the path a bituminous path. The Director of Public Works presented the development plans to the Council and reviewed the alternatives, pointing out that Alternate No. l was a wood chip trail and Alternate No. 3 was a bituminous trail in the Palmer Lake area along and behind Oliver Lane. Mayor Nyquist recognized Mr. Howard Oien who stated that petition presented to. the City Council by the neighborhood requested a no path alternative. Mr. Oien stated that the plans presented this evening show that a path will be .built whether the neighborhood wants it or not. Mr. Kipton Narbo stated that the alternates presented to the Council this evening ir_�,-lude.a wood chip or bituminors path and that the neighborhood has asked for a no path alternative. He added that he believes fire is a problem in the area and that if the path is built people could be trapped by fire. He also stated that he believes molestations in the area could have occurred and may not have been reported to the Brooklyn Center Police.Department. The City Manager reviewed the location of the proposed trail in the Palmer Lake Basin area and explained that the wood chip trail would extend from West Palmer Park to East Palmer parka The Council continued its discussion regarding the proposed improvements. Mayor Nyquist commented that the City has not had problems with other portions of the trailway project constructed in the City. Councilmember Lhotka stated that perhaps a portion of the trail could be eliminated and that it,could be added at a later date if it was not objectionable. The City Manager recommended that the Council pass the resolution without Alternate No. 3 and then pass a separate resolution approving a change order which would eliminate the portion of the trail found objectionable by the neighborhood. RESOLUTION NO. 82 -202 Member Gene Lhotka introduced the following resolution and moved its adoption:. RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 1982 -M (PALMER LAKE BASIN SITE IMPROVEMENTS) 10- 25 -82. -5- IL ,The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. ` RESOLUTION NO. 82 -203 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 1982 -N (LIFT STATION NO. 3 REPLACEMENT) 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, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed.and adopted. RESOLUTION NO. 82 -204 Member Gene Lhotka introduced following resolution and moved its adoption: RESOLUTION PERTAINING TO CHANGE ORDER NO. 1 TO CONTRACT 1982 -N (LIFT STATION NO. 3 IMPROVEMENT PROJECT) The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. ORDINANCES AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES REGARDING GENERAL LICENSING REGULATIONS The City Manager explained the ordinance amendment would provide the fee schedule for licenses required by Chapter 1 of the City ordinances regarding animals, that the ordinance is recommended for a second reading this evening and a public hearing on the ordinance is scheduled for 7 :30 p.m. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 23 of the City Ordinances Regarding General Licensing Regulations. He inquired if there was anyone present who wished to speak at the public hearing. No one appeared to speak and he entertained_a motion to close the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to close the public hearing on An Ordinance Amending Chapter 23 of the City.Ordinances Regarding General Licensing Regulations. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis_ Voting against: none. The motion passed. ORDINANCE NO. 82 -17 Member Rich Theis introduced the following ordinance and moved its adoption:. 10 -25 -82 -6- I I t CITY 6301 SHINGLE CREEK PARKWAY OF =71 BROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 CENTER EMERGENCY - POLICE - FIRE 911 May 8, 1987 Dear Property Owner: The enclosed material regarding the completion of the edestrian P / bicycle trail system in the East Palmer Lake area was presented to the City Council at their May 4th meeting. You are invited to attend a hearing held by the City Council in the Council Room at City Hall on Monday, May 18th at 7:30 p.m. for the purpose of discussing the proposal. Should you have any questions please don't hesitate to call me at 561 -5440. However, your support or opposition to the proposal should be presented to the City Council at the hearing on May 18th. Sirely, SyTCnapp Director of Public Works SK: 'n 7 t' 1/ 5 CITY 6301 SHINGLE CREEK PARKWAY OF :KLYN OOBROO KLYN CENTER, MINNESOTA 55430 C � TELEPHONE 561 -5440 E T TER EMERGENCY - POLICE - FIRE 911 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: April 29, 1987 RE: Palmer Lake Trail Improvements Attached hereto is_a.map which shows pedestrian and bicycle trailwa s in the y y East Palmer Lake area. You will that there-is no connection between the existing trailways on 69th Avenue and the trailway system in the vicinity of East Palmer Lake Park. That connection was considered several years ago but was deleted from consideration at that time because of objections from property owners aiong.Oliver Avenue North, with the understanding that construction of the segment might again be considered at some future date. Since that time the number of people using the trailway systems in the Palmer Lake are has increased substantially, numerous requests have been received from residents for construction of this segment of the trailway system, the Park and. - Recreation Board has recommended that it be considered for construction in 1987, and the City of Brooklyn Park has initiated and nearly completes{ construction of its trailway system at the north end of Palmer Lake Park. Accordingly, we have attached, for consideration by the City Council, another map showing proposed construction. On this map we have shown the improvement of several segments of the trailway system as follows: Segment 1 includes the reconstruction of the existing trail in the area just north th of the 69th Avenue trail crossing. At the crossing the -_ grade would be raised to improve the crossing approach. The access to the City's snow storage site would also have to be rebuilt in order to make the grades for that facility be compatible with the trail crossing grade. In addition, Segment 1 includes the construction of a new bikeway trail approximately parallel to the existing trail on the north side of 69th Avenue (Segment 1A) so as to allow the pedestrian traffic and bicycle traffic to be separated in this area. Alternatively, the map also shows the possible bituminous paving of the existing woodchip trail which lies approximately halfway between 69th Avenue and Palmer Lake (Segment 1B). „ 74 5" va a m �„ April 29, 1987 Page 2 Segment 2 proposes the construction of the "missing link" of the trailway system between the 69th Avenue trailway and East Palmer Lake Park, with a connection to Oliver Avenue North at the south edge of East Palmer Lake Park. Segment 3 shows the construction of a trailway system across East Palmer Lake Park to connect to the existing trailway system north of East Palmer Lake Park. Segment 3A would be a new trailway constructed near and approximately parallel to the sidewalk which exists along the west side of Oliver Avenue North. Alternatively, Segment 3B shows the possible bituminous paving of the existing woodchip trail which follows along the westerly side of East Palmer Lake Park. Construction Procedures and Cost Estimates Nearly all of the proposed construction would occur in the areas of questionable subgrade material. Accordingly, it is proposed to utilize geotextile fabrics 12 feet wide to support the proposed trailways. The construction procedure would be to place the geotextile fabric directly over the existing vegetation which has been flattened and left in place, placing approximately 12 inches of granular subgrade materials, 4 inches of a Class 5 granular aggregate, and a bituminous surface which is 2 inches thick and 10 feet wide. In areas where the subgrade is acceptable the geotextile fabric will be deleted from the construction. Following are cost estimates for each of the individual segments which we have suggested for your consideration: Segment 1 69th Avenue North entrance modifications Construction Cost $ 7,170.00 Engineering, Overhead & Contingencies (25 %) 1. 790.00 $ 9,960.00 Segment IA Trail parallel with 69th Avenue North Construction Cost $10,000.00 Engineering, Overhead & Contingencies (25 %) 2.500.00 $12,500.00 April 29, 1987 Page 3 Segment 1B Bituminous surface of existing woodchip trail Construction Cost $14,200.00 Engineering, Overhead & Contingencies (25 %) _ 4.700.00 $18,900.00 Segment 2 Connection from south side of East Palmer Lake Park to trail Segment lA or Segment 1B Construction Cost $16,000.00 Engineering, Overhead & Contingencies (25 %) 5.300.00 $21,300.00 Segment 3A Connection along Oliver Avenue North from south end of park to existing bituminous trail at 71st Avenue North Construction Cost $ 6,000.00 Engineering, Overhead & Contingencies (25 %) 2.000.00 $ 8,000.00 Segment 3B Bituminous surface of existing woodchip trail , along westerly perimeter of ball fields Construction Cost $11,250.00 Engineering, Overhead & Contingencies (25 %) 3.750.00 $15,000.00 The staff recommended alignment consists of Segments 1, 1A, 2 and 3A. It is recommended to leave Segments 1B and 3B as woodchip nature trails. Estimated total costs are as follows: Segment 1 $ 9,960.00 Segment lA 12,500.00 Segment 2 21,300.00 Segment 3A 8.000.00 $51,760.00 April 29, 1987 Page 4 Alternate alignment Segment 1 $ 9,960.00 Segment lA 12,500.00 Segment 2 21,300.00 Segment 3B 15.000.00 $58,760.00 Alternate alignment Segment 1 $ 9,960.00 Segment 1B 18 900.00 Segment 2 21,300.00 Segment 3A 8.000.00 $58,160.00 Additional Considerations If the City Council wishes to consider proceeding with the proposed improvements, it is recommended that a hearing on the matter be scheduled for May 18th, and that staff be instructed to send individual notices to each of the 16 residents who live adjacent to Segment No. 2 notifying them of the hearing. The accounting for this ro'ect should P ,7 be completed in the Capital Projects Fund, Division 53 "Palmer Lake Basin ". This division presently has a balance of $22,815.00. (This balance includes $5,908.63 of unexpended LCMR funds which are available for construction of improvements in Palmer Lake Park if those r improvements are completed during 1987.) In addition, the City's LAWCON Grant for Palmer Lake Park has an unencumbered balance of $5,399.04 which also is available for improvements in Palmer Lake Park if those improvements are completed during 1987. If the project is approved for construction, the additional funding, as needed, should be appropriated from the City's Capital Project Fund Balance. Because of the proposed trailway system improvements lie within the Palmer Lake Flood Plain area, a permit for construction of those segments must be obtained from the Shingle Creek Watershed Management Commission. If directed to do so by the City Council, City staff will prepare and submit that application to the Watershed Commission. 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't� l ifi�} �r�, fb - n� E i i P... , 3 s�,t r � j .�;� i A ♦' T 7f 1 S ,e, i j i � + �� r * , ��i�,S, , . t � }1,�i y �:.,{1 ' � e � t , ,.�r �' i���.•.r vA •i YR• ` ;feC `" � �t.`� P • • • i � , _.. -a •+ �.� � t r e � �J tPYf .. �S ° � � � • .r' �- +tee r 4 CITY 6301 SHINGLE CREEK PARKWAY OF :BROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPH NE r O 561 -5440 C ENTER EMERGENCY - POLICE FIRE 911 PALMER LAKE TRAIL MAILING LIST Robert W. Wright 7001 Oliver Avenue North Kipton T. Narbo 6937 Oliver. Avenue North Daniel D. Elieff 6931 Oliver Avenue North Donald C. Lofquist 5925 Oliver Avenue North Howard A. Dien 6919 Oliver Avenue North Mary E. Vetter 6913 Oliver Avenue North Alan R & Nancy J. Helfinstine 6907 Oliver Avenue North .Phyllis A. Haroldson 2200 69th Avenue North John R. & Carla -Jo Fisher 2204 69th Avenue North Richard 0. Hall Michelle M. Coatsworth 2208 59th Avenue North M C loo. 87-11 + May 13 1987 FROM TF E` oFFICE of THE CITY XANAGER SUBJECT: organized Refuse and Collection and Recycling programs` To the'Honorable Mayor and City Council: Currently, the Cities of Brooklyn Canter, Brooklyn parr and Crystal are parties to a joint health service agreement. We have recently used this agreement to develop they rudiments of' a "recycling program" for the citizens of Brooklyn Center. The recycling canter locations are a;itart, but much more will have to be done to reach the required 164 recycling goal established by the county in its solid waste master plan. As s next step in this process, I would request the council pass the attached resolution, which has already been passed by Brooklyn Park and being considered by the City of Crystal. It will authorize the city managers of the three cities to enter into initial discussions with the licensed refuse haulers of the 'three communities with .a goal of developing a Joint powers operation, which will address the mandated changes in refuse collection, source separation, recycling, compost collection,,, and other matters related to the cities meeting their; requirements for reduced landfill dependency. Your passage of the attached resolution will be an indication of your interest in pursuing a joint program, but it will not commit you to that Program without further approvals. I believe it will be a' good step, initially at least, to thoroughly examine the potential of joint efforts in this area among cities and the various refuse haulers. Res ectfull at tied, Gerald G. splinter City Manager October 24, 1986 ORDINANCE NUMBER THIRTEEN SOLID WASTE SOURCE SEPARATION FOR HENNEPIN COUNTY An ordinance regulating the separation of recyclable materials from mixed municipal solid waste by generators, before collection of such materials within Hennepin County; defining the geographic area and the types of materials subject to designation; establishing procedures and principles to be followed by the various municipalities located in Hennepin County in order to reduce the volume of solid waste generated in the County as specified herein; in order to promote the health, welfare and safety of the public pursuant to Laws of Minnesota 1969, Chapter 847, and Minn. Stat. Section 473.801, et. seq. WHEREAS, the Metropolitan Council, by state statute, has established a source- separation goal of at least sixteen (16 %) percent for Hennepin County; and WHEREAS, in accordance with Minnesota Statutes, Hennepin County is required to establish source- separation goals for each city in Hennepin County; and WHEREAS, said sixteen (16 %) percent source- separation goal is hereby established for each city in Hennepin County; and WHEREAS, the County desires to provide financial incentives for cities to establish source - separate programs to meet their city's source- separation goals and contribute toward meeting County source - separation goals; and WHEREAS, the County desires to establish a further inducement to cities to develop source - separation programs which meet source - separation goals by adopting a County source - separation ordinance requiring the separation of mixed municipal waste by generators, before collection, of materials which can be readily separated for use A or re -use, and WHEREAS, the County desires to support local source- separation programs by establishing a facility or facilities to receive, store, process and /or prepare for sale, reuse, or otherwise dispose of recyclable materials. The Count Board of Hennepin Y p Count Minnesota does ordain: Y o ain. SECTION I DEFINITIONS The following words and phrases, when used in this ordinance, unless the context clearly indicates otherwise, shall have the meanings ascribed to them in this section. Subsection l "Aluminum Recyclables" shall be deemed to include all disposable containers fabricated primarily of aluminum and commonly used for soda, beer, or other beverages. Subsection 2 "Can Recyclables" shall be deemed to include all disposable containers fabricated primarily of metal or tin. Subsection 3 "Cities" means statutory and home rule charter cities and towns authorized to plan under sections 462.351 to 462.364. 1 Subsection 4 "Collection" means the aggregation of waste from the place at which it is generated and includes all activities up to the time when the waste is delivered to a "waste facility ". 0 Subsection 5 "Collector /(s)" means any person /(s) who owns, operates or leases vehicles for the purposes of collection and transportation of any type of mixed municipal solid waste, and /or recyclables. Subsection 6 "Compostible Material" means organic material consisting of grass clippings, leaves and other forms of organic yard waste. Subsection 7 "County Board" is defined as the Hennepin County Board of Commissioners and their authorized representatives. Subsection 8 "Department" means the Hennepin County Department of Environment and Energy. Subsection 9 "Facility" means any resource recovery facility or related Transfer Station or similar facility to which waste is required to be delivered. Subsection 10 "Garbage" means animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. Subsection 11 "Generation" means the act or process of producing waste (as defined in Minn. Stat. Sec. 115A.03, Subd. 11). Subsection 12 "Generator" means, any person who generates waste (as defined in Minn. Stat. Sec. 11:5A.03, Subd. 12). Subsection 13 "Glass Recyclables" shall be deemed to include jars, s, Lottles and containers which are transparent or translucent and primarily used for packaging and bottling of various matter. Subsection 14 "Hauler" means a collector or transporter of recyclable materials. Subsection 15 "Metropolitan Council" means the council established in Minn. Stat. Sec. 473. Subsection 16 "Mixed Municipal Solid Waste" means garbage, refuse and other solid waste from residential, commercial, industrial and community activities which is generated and collected in aggregate, but does not include auto hulks, street sweepings, ash, construction debris, mining waste, sludges, tree and agricultural wastes, tires and other materials collected, processed and disposed of as separate waste streams. Subsection 17 "Municipality" means any incorporated city within the boundaries of Hennepin County, Minnesota. Subsection 18 "Paper Recyclables" shall be deemed to include paper of the type commonly referred to as newsprint. Expressly excluded, however, are all magazines or similar periodicals. i 2 Subsection 19 "Person" means any human being, any municipality or other Public agency, any public or private corporation, any partnership, any firm, association, or other organization, any receiver, trustee, assignee, agent or other legal representative of any of the foregoing or any other legal entity. Subsection 20 "Political Subdivision" means any municipal corporation, governmental subdivision of the state, local government unit, or special district. Subsection 21 "Recyclable Materials" means all items of refuse designated by the Hennepin County Department of Environment and Energy to be authorized recycling program and which are intended for transportation, processing an processing and remanufacturing or reuse. Subsection 22 "Recycling" means the process of collecting and preparing recyclable materials and reusing the materials in their original form or using them in manufacturing processes. Subsection 23 "Source Separation" means the separation of recyclable materials from mixed municipal solid waste at the source of generation. Subsection 24 "Solid Waste" has the meaning given it in Minn. Stat. Section 116.06, Subdivision 10. Subsection 25 Recyclable Materials Processing Facility" means a facility established and used for the receiving, storage, preparing and /or processing of recyclable materials for sale or reuse. Subsection 26 "Waste Tire" means a pneumatic tire or solid tire for motor vehicles as defined in Minn. Stat. 169.01. and included in the Solid Waste Management Plan pursuant to Minn. Stat. 115A.46. SECTION II GENERAL, PROVISIONS Subsection 1 It shall be the responsib of each municipality to adopt an o rdinance or ordinances ie ating =to the separation of recyclables within the boundan es of the municipality, the purpose of said ordinance being to reduce the amount of solid waste generated within the municipalit by at least 16% gy ring calendar year 1990 which is an amount established by the Metropolitan Council and adopted a Hen Master Plan. nepin County Board as set forth in Hennepin County Solid Waste Subsection 2 The implementation and enforcement of said ord shall be the responsibility of 'each respective' municipality. If - a mu nicipal ity should faiq pTemen_t_a.:p 0_9ramTy Januaz nt a - � program fai t me which - o me et t 16% w as te reduction percentage dur g m alendar year 1990, as s for in Subsection 1, the provisions appearing in Section V of this Orc irianc sFi com in o e ecf Tfiis-b3inance sl aI> -n`ot - prohibit a - municipality municipalities or from entering into agreements relating to any facet Of source separation of recyclables. 3 SECTION III REPORTING REQUIREMENTS Subsection 1 Each municipality shall re port all information relating to waste g co ection an disposal wi thin its bound to the _Hennepin ._ - _ -a_ _ _ oyD e�artment O Environment and _ Energ Such information shall include but not be limited to; data on tonnage generated in the municipality, data on recyclable materials generated and collected within the municipality, and such additional information as is requested by the Department of Environment and Energy. Such information shall be provided on an annual basis by or on March lst of each year, or as otherwise directed by the Department of Environment and Energy. SECTION IV MUNICIPAL FAILURE TO MEET STANDARDS ESTABLISHED IN SECTION II If any municipa fails to establish or implement a source-separatio ordinance as provided in SECTION II, or fails to meet the percentage level of waste re3uction as esta�lisFie the County Board, the County Board may implement a_sourc s e e aiat of n pr _ p �_ �ram which includ source separation provisi as provided in section V, within the b of sa mu nicipality. If such a program Cis P_1emerited "it a e5 s _enforced upon all persons residing in said municipality. This ordinance shall be applicable to all municipalities, unincorporated ated area Po s and Ii , political subdivisions within the geographical boundaries of Hennepin County Minnesota. SECTION V SOURCE SEPARATION PROVISIONS The County Board may implement any of the provisions contained in this sect witFiin a u_n arses o a m unici it i sai munici paliV fai ls E6 'meet the requirements establ esi d in section II of th' o n ance. r A. PRE - COLLECTION AND COLLECTION Subsection 1 Pre - collection. A person who are owners, lessees, and occupants of any building, commercial or residential, within Hennepin County, which generates mixed municipal solid waste, sh separat from all solid waste the designated recyclable materials before disposal, removal or collection: a.) Paper recyclables, which shall be bundled separately and /or secured in such a manner as to prevent them from being blown or scattered, and shall be maintained in a dry condition free of any other substance and shall not be placed in plastic bags. b.) Aluminum rec yclables shall be clean of all contents and such recyclables shall not be placed in plastic bags. C.) Gl recyclable shall be clean of all contents. Caps, lids and all metal shall be removed prior to collection and such recyclables shall not be placed in plastic bags. 4 d.) C recyclable shall be clean of all contents. Can recyclables shall not be placed in plastic bags. All aluminum, glass and can recyclables shall be placed into containers and not mixed with other forms of solid waste or mixed municipal solid waste in a manner consistent with the rules, regulations and rocedures adopted Count B P p d by the County oard. Subsection 2 Container Requirements Containers shall be provided by all persons who are owners, lessees, or occupants of any building, commercial or residential, and shall be: a.) .,maintained in a clean and sanitary condition in accordance with all pertinent health statutes, ordinances, rules and regulations; b.) located in such a manner so as to prevent them from being overturned or obstructing pedestrian or motor vehicle traffic or being in violation of any statute, ordinance, rule or regulation; and c.) adequate and substantial enough to contain the recyclables therein. Such further specifications relating to containers may be adopted by the County Board. Subsection 3 Collection. The collection, removal and disposal of recyclables shall be supervised by the County Board, which shall have the power to establish the time, method and routes of service. Special times for large item pick -up may also be established. Collection provisions shall include but not be limited to the following: y a.) Notice of dates and times of collection will be published or otherwise made available to persons affected herein. • b.) The Department may establish drop -off or collection sites where any person may deposit recyclables at such times and locations as determined. c.) It shall be unlawful for any person other than employees of the Department, or authorized persons, collectors or. haulers to distribute, collect, remove or dispose of recyclable materials after said materials have been placed or deposited for collection. d.) Nothing in this Ordinance shall..abridge the right of any person to give or sell their recyclable materials to any recycling program lawfully operated for profit, non- profit or charitable purposes. 5 e.) Nothing in this Ordinance shall abridge the right of any authorized recycling program to lawfully operate within Hennepin County, subject to such other licenses or other regulations as may be required by law. f.) It shall be unlawful for a person to collect, remove or dispose of mixed municipal solid waste which consists of recyclables combined with other forms of mixed municipal solid waste. B. VIOLATION AND PENALTY Subsection 1 Misdemeanor. Any person who fails to comply with -the provisions of this ordinance may be charged with a violation not exceeding a misdemeanor and upon conviction shall be punished as provided by law. A separate offense shall be deemed committed upon each day during or on which a violation t on occur s or continues. Subsection 2 Remedies Cumulative No remedy set forth in this Ordinance for violation of this Ordinance is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Ordinance or now or hereafter existing law or in equity or by statute. No delay in the exercise of any remedy for any violation of this Ordinance shall later impair or waive any such right or power of the County. Subsection 3 Injunctive Relief. In the event of a violation or a threat of violation of this Ordinance, the County may institute appropriate actions or proceedings including application for injunctive relief, action to compel performance or other appropriate action to prevent, restrain, correct or abate such violations or , threatened violations. Subsection 4 Costs and Special Assessment. a). If a Hauler or any Person within said County collects or disposes of recyclables in violation of this Ordinance, the County may take the necessary steps to correct such violations and the costs thereof may be recovered in a civil action in any court of competent jurisdiction or, at the discretion of of the County Board, the costs may be certified to the County Auditor as a special tax against the real property owned by such hauler or person. b). If any municipality, unincorporated area, or political subdivision within the geographical boundaries of Hennepin County fails to meet the requirements established in Section II of this ordinance, the County Board, to the extent that it has assumed the responsibilities that the local unit has failed to assume pursuant to Section II, may seek reimbursement in any court of competent jurisdiction, for all costs, expenses and expenditures which the County has .incurred incident to the 6 adoption, implementation, administration and enforcement of a source- separation ordinance within the boundaries of a local unit. C. ENFORCEMENT Subsection 1 Warnings. The Department or any of its duly authorized representatives and collectors and haulers of recyclables, may issue a warning notice to any person observed not in compliance with any provision of this Ordinance. a.) The warning notice shall be on such form(s) as provided by the Department. b.) Forms shall be provided to collectors and haulers who may issue such warning notices by placing or attaching them to waste containers or on the remises where e the violation occurs. C.) A copy of any warning notice as issued by a collector or hauler shall be forthwith sent to the Department. Subsection 2 Collection Refusal. A collector or hauler may, upon issuance of a warning notice for noncompliance, not accept for collection the noncomplying waste materials. Subsection 3 Costs for Compliance. A collector or hauler may, upon issuance of a warning for noncompliance, undertake to render any noncomplying recyclables placed for collection to be in compliance and a reasonable fee for undertaking shall be allowed and reported to the Department. The Department may certify the fee as cost p s to the Count Auditor as a special tax ' Y to be assessed a • ainst the real mp g 1 property of the person in noncompliance. Subsection 4 Citations. The Department or any of its duly authorized representatives shall have the power to issue citations for violations of this Ordinance, but this shall not permit such representatives to physically arrest or take into custody any violator except on warrant duly issued. a.) Form of Citations: Citations shall contain at least the following: (1) The name and address of the person charged with the violation or the owner or person in charge of the _ premises at which the violation occurs. (2) The.date and place of the violation. (3) A short description of the violation followed by the section of this Ordinance violated. - (4) The date and place at which the person receiving the citation shall appear and a notice that if such person does not respond, a warrant may be issued for such person's arrest. 7 (5) The name of the person issuing the citation. (6) Such other information as the Court may specify. b) Issuance of Citations: Whenever any representative of the Department discovers any violation of this Ordinance, he may issue a citation to the person alleged to have com- mitted the violation and such citation shall be in the form specified in paragraph A) of this subsection. Such citation shall be made out in quadruplicate (4). One copy thereof shall be issued to the person alleged to have committed the violation; one copy shall be filed with the Department; two copies thereof shall be filed with the County Ordinance Violation Bureau [hereinafter referred to as Bureau]. c) Issuance: The citation shall be issued to the person charged with the violation, or in the case of a corporation or municipality, to any officer or agent, expressly or impliedly authorized to accept such issuance. d) Appearance: After the issuance of the citation and within such time as shall be fixed by court rule, the person charged with the violation shall report to the Violations Bureau. e) Complaint:_ If the person ch ,4rged with the violation does not appear at the Bureau within the time specified by court rule, the Bureau shall send him a notice directing him to respond to the citation within seven days of the date of the notice and if such person fails to respond, the Bureau shall cause a complaint to be signed and a warrant to be issued for the arrest of such person to compel his appearance in court. SECTION VI SEPARABILITY It is hereby declared to be the intention of the County Board that the several provisions of this ordinance are separable in accordance with the following: Subsection 1 If any court of competent jurisdiction shall adjudge any provision of this ordinance to be invalid, such judgment shall not affect any other provision of this ordinance not specifically included in said judgment. SECTION VII PROVISIONS ARE ACCUMULATIVE The provisions of this Ordinance are accumulative to all other laws, ordinances and regulations heretofore passed, or which may be passed hereafter, covering any subject matter in this Ordinance. 8 1 HENNEPIN COUN'T'Y SOLID WASTE MASTER PLAN DRAFT October 3, 1986 Department of Environment and Energy Hennepin County, Minnesota HENNEPIN COUNTY SOLID WASTE MASTER PLAN EXECUTIVE SUMMARY AND POLICIES EXECUTIVE SUMMARY This report is Hennepin County's plan for management of solid waste in the planning period between year 1985 and year 2000. T his plan is required by Minnesota Statutes. It was prepared with the extensive participation of an advisory comma tee, and was drafted to be consistent with the Metropolitan Council's "Solid Waste Management Development Guide/Policy Plan (March 14, lyti5) . This report sets forth existing solid waste facilities and estimates waste quantities in the county. It's estimated approximately 960,000 tons per year of solid waste is generated in Hennepin County, and this amount will increase to approximately 1,070,000 tons per year by year 2000. The county's daily solid waste generation ranges between a low of 1,900 tons per day in the winter months to 3,100 tons per day in the spring and fall when there are high volumes of waste leaves and grass. This report sets forth planned programs and facilities to re cle materials wh ich genera y are re _ c e anct to r` n those was epic re not recyclable. This plan also indicates up to of e waste will be handled by waste reduction programs. Up to 80 percent, or 770,000 tons per year of the county's waste will be processed in central processing facilities such as waste -to- energy plants. At these plants solid waste would be burned and its energy value recovered in the form of electric power and /or steam for heating buildings or for industrial processes. These facilities include a county - sponsored plant to be built by a qualified private corporation under contract with the county, and a facility proposed by a local company. The county - sponsored waste-to-energy facility (called the Greyhound plant) be iocatea at the si e of--the tormer Grey oun ius maintenance building near downtown Minneapolis, w ill burn 365,000 tons of solid waste per yea Electric power generated at this plant will be sold to an electric utility, and steam will be used for heating downtown Minneapolis buildings. Hennepin has signed a construction and operating agreement with a limited partnership, of which Blount Ener Corp. e gy p s the general partner. Bonds will be sold in 1986 to finance construction, which is scheduled to start in late 1986. Full operation is scheduled for 1989. Four transfer stations - in Blooming south Minneapolis, Brookhm Park and at a site in outhwest area of e county - will be built to provide convenient disposal points as part of the waste -to- energy system and to reduce traffic at the Greyhound plant. T he ec cou_nt� will adopt an ordinance directing that all wast - with several exceptions — b e delivered to the transfer stations or the G reyhound plant The Greyhound plant construction costs will be approximately $70 million (1985 dollars and transfer station cons costs wi ), t st 11 total approximately $20 to $25 million. I f 1 Another energy - recovery facility proposed to be built by the Reuter Company will handle another 146,000 tons per year of the county's waste. This facility is not sponsored by the county but is being developed and financed independently. Ash from all combustion facilities in the county will be landfilled until uses for this ash can be found. The county will be investigating other facilities and methods to handle additional volumes of waste generated in the county. These additional facilities are necessary to help meet the county's long -term goal of 100% landfill disposal abatement. .t v T report also specifies plans to recycle approximately 160,000 tons per year (16 percent) of waste generated in the count - the Metropolitan Council's c r ecycling goal or the coun Minnesota Statutes require the county to set s pecific recycling goals for each city o e tirst, second, and third class. At d U O the recommendation of the county's advisory committee, t county has set a uniform 16 percent recycling goal for all cities in the count g 9 . Y The main elements of the count 's re cling lan are a county funding program for 4 .ocal recyc ing programs, a county recycling or finance. Under the funding portion, each city is obligated establish a recycling rogram to meet or exceed the county's % recyc ing oa s an the county will fund 50% to 80% of ese ci y programs, depending on the level ot recycling achie 4. pay t. is Under the recycling ordinance element, each city is obliged to establish a cit recycling ordinance. In cities where the co ination of the city recyclin ordinance and a in program - preferably a curbside collection program - do n ot achieve city recycccling qoa s, a county recyclin4 ordinance will apply The county ordinance re quires residents to kee cans, lass and newspapers separate f rom other garbage for separate collection T he county will also continue its yard- waste - composting program. Commercial recycling will also be important; however, t county's initial focus will be on residential rgyclin2 and continuation and expansion of rd -waste co sting. Recycling pub] l ic education will a 'oint effort the count and cities. The following figure summarizes the county's daily waste generation, and the_ waste reduction, recycling, and waste -to- energy programs planned to utilize this waste. This figure also indicates additional facilities will be needed to handle seasonal surges in waste generation to minimize long -term use of sanitary landfills. The county is in the process of planning facilites for these seasonal waste volumes. r, HENNEPIN COUNTY SOLID WASTE UTILIZATION 3000 Y RECYCLING 2 75,000 7PY (87.) C 2000 ZO OTHER 3 Q (RESOURCE RECOVERY) 309,000 TPY (317.) ............................... ............................... .,............. ............................... W 200 TPD MATERIALS RECYCLING 75,000 TPY W W W 400 TPD REUTER-(RDF PELLETIZING) 146,000 TPY (157) Q 1000 T T T T T T T T T 7 T T T T T T + + + + il. '+ + + i. .+. . .f .f. . .} + + + + 1000 TPD GREYHOUND 365,000 TPY (387) + + (RESOURCE RECOVERY) + + + + + + + + + + + + + + + + + + + + + + + jj . + + + + + + + + + 0 ` I J F M A M J J A S 0 N 0 MONTH 1. BASED ON APPROX. 970,000 TPY WASTE GENERATION (1986) 2. RECYCLING PROJECTED AT 167-1/2 YAROWASTE + 1/2 MATERIALS RECYCLING. 3. OTHER RESOURCE RECOVERY FACILITIES CAN BE SUPPLIED A VARIABLE QUANTITY OF WASTE RANGING FROM ABOUT 350 TPD TO 1,000 TPD DEPENDING ON TIME OF YEAR. The plan contains strict policies regarding future landfill siting and operations, and favors expansion of existing landfills over start -up of a landfill at a new site. There are now many monitoring and reporting requirements by Minnesota Statutes and the Metropolitan Council, and this report indicates how the county will monitor programs and facilities. The overall goal of this plan is to end the use of sanitary landfills for unprocessed solid waste by 1990, and at the same time establish, with maximum private industry involvement, safe and effective landfill disposal alternatives. . i l a�� Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DIRECTING STAFF TO PROCEED WITH INFORMATIONAL MEETINGS WITH REFUSE COLLECTORS TO EXAMINE THE POTENTIAL OF ORGANIZED REFUSE COLLECTION IN THE CITY OF BROOKLYN CENTER WHEREAS, the City of Brooklyn Center currently has an open system of P y refuse collection, and WHEREAS, the Metropolitan Council Solid Waste Management Development Guide and Policy Plan points out the advantages of an organized collection system; and WHEREAS, increasing emphasis by State, Metropolitan Council, and County governments dictate a more active role in.the waste management area by local governments; and WHEREAS, the City desires to reach the recycling goals established by Hennepin County; and WHEREAS, an organized refuse collection system may provide a means to achieve P hieve those goals. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the staff participants of the JOINT HEALTH SERVICES AGREEMENT hold informational meetings with licensed refuse collectors to examine the feasibility of an organized refuse collection and keep the City Council advised concerning subsequent Council action required to achieve the mandated 16% recycling goal. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. lab MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Geralyn R. Barone, Personnel Coordinator DATE: May 14, 1987 SUBJECT: Broadcasting Public Meetings on Cable Television At its March 10, 1987, meeting, the Park and Recreation Commission recommended to the City Council that the commission's meetings be televised on cable television. On March 23, 1987, the City Council referred this recommendation to staff for further investigation. Following is a feasibility report on the City's ability to broadcast public meetings; it includes an analysis of equipment, environment, and staffing necessary for such broadcasts. Equipment The City owns two video cameras with tripods, a portable studio from which a broadcast is directed, and three headsets for use by two camera operators and a director. By connecting a cord from the existing microphone system in the Council Chambers to the portable studio, audio for the broadcast will be provided. Other equipment located in the video control room off the Council Chambers will allow for live broadcast of any meetings. A poll of other - communities which broadcast their council meetings indicates a feasible operation includes at least two cameras. Shakopee uses one camera mounted on a wall in the back of its council chambers; it is very difficult to determine who is speaking at any one time, so this option is not recommended. St. Louis Park uses three cameras, which allows for better coverage of members of the council, staff, and speakers at the podium. Future considerations for the City may be to add another camera; however, two cameras will suffice for a start -up operation. A nice touch to broadcasts of several cities is the use of a character generator. This piece of equipment allows the use of identifiers over the picture; for example, items of business could be typed on the screen as they are addressed, assisting the viewing audience in understanding the business being discussed. The City does not own a character generator for this purpose; the cost is approximately $2,000, and this is a one -time purchase. Initially, this is not needed, but it would be a positive enhancement to a broadcast. Another consideration, which is not necessary but which will improve the quality of a broadcast, is to install permanent platforms to elevate the position of the video cameras. Several communities set their camera tripods at floor level; whenever a member of the audience stands up or walks in or out of the room, there is some interruption in the broadcast. By installing platforms, this should not be a problem. The platforms could also be used for storage of cords, reducing the amount out on the is floor of the Council Chambers. Again, this consideration is not a requirement for broadcasting but rather an enhancement to it. Other equipment items._which should be budgeted for this operation are video cassette tapes, extension cords, funds for equipment repair and/or maintenance, and other miscellaneous supplies. This may be an annual cost of approximately $1,000. Environment I I, A major factor in. providing a viewable.. , broadcast is the availability of proper lighting. The lighting in the Council Chambers is inadequate at this time for - .obtaining a good video picture. There are two options; the first is to bring. in portable lights, and the second is to permanently upgrade the current system. If the Council recalls, short video taping of its meeting with portable lighting was done-in 1986; it appeared as though several members of the Council were distracted by the imposition of the bright lights. As a result, this is not seen As a viable option. K few years ago, staff investigated the possibility of permanently upgrading the lighting of the Council Chambers., -A proposal for the upgrade is on file in the engineering department. The approximate cost for such a project is $15,000. The decision on. what to do with the lighting will be a major deciding factor in the choice of whether or not to broadcast public meetings. Another consideration -is the prevalence of background noise in the Council Chambers. Although this should not be a major distraction to the audio portion of the broadcast, there is some concern that it may cause interference. An improvement to lower the background noise will be of some. cost, and it should be considered as part of this project. Also, the existing microphone system is adequate, but it, too, could be upgraded to enhance the overall production of a broadcast. Staffing Several cities broadcasting council meetings have personnel provided to them at no cost pursuant to their cable franchise agreements. Those cities which do not have such an agreement hire qualified personnel to operate the cameras and portable studio. The hourly wages paid by these cities range from $4.55 to $6.64. Only council meetings are broadcast because the cities are not in a financial position to tape commission meetings too. Grants reimbursing fifty percent of personnel expenses are available through Northwest Community Television. Crystal uses these grants to defer some of its staffing costs; these will also be available to Brooklyn Center, although there is no guarantee on the number of years of availability. -2- If the City were to broadcast all of its meetings (26 in a normal year with an average length of four and one -half hours of individual staff time) utilizing two camera operators and one director at the portable studio, at a maximum rate of $7 per hour, the annual cost, including Medicare, will be about $2,500. Half of this may be matched with a grant through Northwest Community Television. In addition, applicants could be recruited through the production club at Northwest Community Television or the audio - visual departments of local schools. Summary The City should consider broadcasting its public meetings, but there are some definite costs involved. One -time costs include upgrading the lighting in the Council Chambers, installing camera platforms, adding a third camera, purchasing a character generator, and upgrading the sound system in the Council Chambers by reducing the background noise and replacing the microphone system. Ongoing annual costs include supplies, repair and maintenance of equipment, and staffing expenses. If the Council wishes to proceed further, this could be included as a 1988 budget request during the formal budget process. -3- MEMORANDUM TO:. Gerald G. Splinter, City Manager FROM: Geralyn R. Barone, Personnel �f"' DATE: May 14, 1987 SUBJECT: Resolutions and Bylaws of Advisory Commissions In_March 1987, the City Council received resolutions updating, revising, and unifying the enabling resolutions and bylaws for the Housing,- Human Rights, and Park and Recreation Commissions. The Council also received and has addressed an _ordinance amendment and resolution regarding the Planning Commission. The Council' directed the Commissions to review and - make recommendations to it on the proposed changes. The commissions have completed - their reviews, and their recommendations are enumerated below..- -The recommendations apply to the proposed resolutions submitted to the Council in March. (All materials previously received by the Council are again attached. Below, bracketed material should be deleted, and underlined material should be added. Changes to asterisked items will affect all advisory commissions. The recommendations from each of the commissions are listed separately. The City Council should review these recommendations; once it has done so and the recommendations are accepted or rejected, resolutions incorporating any changes will be brought back to the Council for its final approval. Park and Recreation Commission Resolution A. Subdivision 4, (10) - change to read: Monitor and reflect attitudes and concerns of citizens relative to the park system, [and] recreation programs and conservation matters through informal contacts and [structured semi- annual meetings with Park Service Area Committees.] meetings of neighborhood advisory groups B. Subdivision 6, Chairperson, 2. - change to read: Appear or appoint a representative to appear, as necessary, before City advisory commissions and the City Council to present the viewpoint of the Commission in matters pertaining to the conservation park, and recreation function as it relates to business under consideration by said commissions or City Council. C. Subdivision 6, Chairperson, 4. - change to read: Provide liaison with other governmental and volunteer units on matters relating to the conservation park, and recreation function. D. Subdivision 11, delete the last four sections which are titled as follows: Park Service Area Committees Established Park Service Area Committee Chairperson Park Service Area Function Park Service Area Committee Meetings Bylaws *A. Article II. Meetings - change to read: The Commission shall hold regular [monthly] meetings. Special meetings may be called at any time by the Chairperson upon sufficient notification to all Commission members. *B. Article VII. General Provisions - change to read: No member of the Commission, except its Chairperson, or it committees shall be authorized to speak on behalf of the Commission publicly, unless the Commission has first considered and approved such statements. *C. Article VIII. Parliamentary Authority - change to read: Robert's Rules of Order Newly Revised shall be the governing authority for all meetings of the Commission and for its committees. *D. Article IX. Amendments - change to read: These bylaws may be amended by a [majority] four - fifths vote of the City Council. Housing Commission Resolution *A. Subdivision 6, Qualifications for Membership change to read: Members of the Commission shall be residents of the City of Brooklyn Center while serving on the Commission, shall have been a resident of said City for at least one year prior to their appointment, and shall represent a broad range of interest in the housing function; or, members of the Commission shall be employed in Brooklyn Center while serving on the Commission shall have been employed in said City for at least one Year prior to their appointment and shall represent a broad range of interest in the housing function *B. Subdivision 6, Representation Requirements - change to read: Commission members may be appointed on an at -large basis giving consideration to the geographic neighborhoods as described in Subdivision 11. Up to one third of Commission members may be nonresidents employed in Brooklyn Center and meeting the recruirements as outlined in Subdivision 6, Qualifications for Membership *C. Subdivision 6, Resignations - Removal from Office - Vacancies - change to read: Commissioners may resign voluntarily or may be removed from office by the Mayor with consent by majority ote of the City y Council. Three consecutive unexcused absences from duly called Commission meetings -.or unexcused absences from a majority of duly called Commission meetings within one calendar year shall constitute automatic resignation from office. The City staff liaison on the Commission shall inform the Mayor of such automatic resignations. Vacancies in the Commission shall be filled by Mayoral appointment with majority consent of the City Council. Bylaws *A. Article IV. Attendance - .change to read: Three consecutive unexcused absences from duly called Commission meetings or unexcused absences from a majority of duly called Commission meetings within one calendar year shall constitute automatic resignation from office. Human Rights Commission Resolution A. Subdivision 1. - Title - change to read: This organization shall be known as the Brooklyn Center Human Rights and Resources Commission. B. Subdivision 5._._ Composition - change to read: The Commission shall be composed of a Chairperson and [eight (8)] six (6) members, all of whom shall be appointed and serve as set forth in Subdivision 6. r 04 1 AA rg Constitution Park, which would include a dedication ceremony, band concert, fireworks, and installation of plaques on each of . the seven articles of the Constitution along the walk paths. Lakotas noted that money is budgeted for these activities from Earle Brown Days, Inc. He added that he went to the City Council recommending the name change, and the Council referred this to the Park and Recreation Commission for review and recommendation. Commissioner Peterson said the name of Constitution Park does not do anything for him, and Central Park does. The Director of Recreation pointed out that people are starting to know what Central Park is, especially since there is Sunday in Central Park, Entertainment in the Park, and so on. Lakotas noted that having a number of Central Parks in the area is confusing. The Director of Recreation agreed, but said he feels the Park is finally getting an identity as Central Park. Other suggestions he could make include doing something out front of City Hall or in the plaza area of Central Park, such as naming it Constitution Plaza. Chairman Sorenson said the idea of naming Constitution Plaza was a good one, and also suggested naming the golf course after the Constitution. Commissioner Krefting said he likes the idea of the plaques along the trailways. The Director of Recreation pointed out that there will be problems with vandalism if the plaques are installed along the trailways. He suggested that the plaques may be better off if they are put up in areas where they are watched, such as in front of City Hall or in the plaza in the park. Lakotas said he recognized there are some dangers, but the g , plaques would not be something that could be easily broken. The Director of Recreation noted that the City will be remodeling the Social Hall in the Community Center, and the City may want to rename the Social Hall as Constitution Hall and erect the plaques inside the hall. Lakotas said this may not be a bad idea and suggested that a sign could be installed outside the hall to designate it as Constitution Hall. There was general discussion about this idea, and Lakotas said he could bring this idea back to the Constitution Committee. There was a motion by Commissioner Peterson and seconded by Commissioner Manson to postpone further discussion on this request until the May 19, 1987 Park and Recreation Commission meeting. The motion passed. REVIEW OF PARK AND RECREATION COMMISSION ENABLING RESOLUTION AND BYLAWS Chairman Sorenson proceeded to review the resolution changing the current enabling resolutions for the Park and Recreation Commission. He noted the Conservation Commission would be eliminated, and the Park and Recreation Commission would assume some of the responsibilities of the defunct Commission. Under Section V, Subdivision 10 of the resolution, Chairman Sorenson 4 -21 -87 -2- A R Y pointed out that the Park Service Area Committees have not met for some time, and questioned the continued need for them. He suggested that the functions of these committees may be combined with the Planning Commission's Neighborhood Advisory. Groups. After some discussion, the Commission recommended changing Subdivision 10 to read "Monitor and reflect attitudes and concerns of citizens - relative to the park system, recreation programs, and conservation matters through informal contacts and meetings of Neighborhood Advisory Groups." There was discussion by the Commission regarding attendance at the Commission meetings, particularly the - attendance of Commissioner Propst who has not been at the last three meetings. The Commission requested the Recording Secretary to send a letter to;Commissioner Propst asking about his intentions for continued service on the Commission. The Recording Secretary said unexcused absences are noted when Commissioners do not call to say they will not be in attendance at a meeting. This will be conveyed to Commissioner Propst in the letter. Proceeding to review the resolution, Chairman Sorenson pointed out that in Section VII, Subdivisions 2 and 4, the conservation function is not included. This should be added to this section. Chairman Sorenson noted that there are some inconsistencies throughout the resolution on the use of "his" and "his /her ". To be consistent throughout, one or the other should be used. i Chairman Sorenson suggested the section on Commissioners serving without compensation should be discussed further, and it was decided that this would be a discussion item at the September Park and Recreation Commission meeting. The Commission recommended the portion of Subdivision 11 of the enabling resolution regarding the responsibilities of Park Service Area Committees be deleted. However, the definition of the Park Service Areas should remain in the resolution as these are necessary for determining the appointments to the Commission. There was a motion by Commissioner Manson and seconded by Commissioner Peterson to accept the changes just recommended by the Park and Recreation Commission, and to forward these recommendations on to the City Council. The motion passed. The Commission then proceeded to review the Commission bylaws. Chairman Sorenson suggested that in Article 2 regarding meetings, the word "monthly" be deleted. The Commission discussed Article VII regarding general provisions. Chairman Sorenson expressed concern that this section, as stated, puts a muzzle on the Commissions and especially the chairperson, and is in direct conflict with the 4 -21 -87 -3- ,{yjp •� �� a < duties of the chairperson as outlined in the enabling resolution. There was discussion on the effect of this statement, which has good and bad points. One ood point is that it maintains g P i control over the abuse of a commissioner's role. Commissioner Peterson said he feels this statement is too restrictive, and Councilmember Hawes suggested leaving a general statement in the bylaws, but loosening the current wording up a bit. Chairman Sorenson suggested an exclusion for the chairperson, and the Commission agreed with this statement. Under Article VIII, Chairman Sorenson recommended adding the statement "Newly Revised" after "Robert's Rules of Order ". Regarding Article IX, Chairman Sorenson suggested that the vote by the City Council to change the bylaws be made consistent with the past bylaws, which required more than a majority vote for approval of changes. The Commission agreed that the vote by the City Council should be a 4/5 vote, as opposed to a majority vote. There was a motion by Commissioner Manson and seconded by Commissioner Peterson to recommend to the City Council these changes to the bylaws as recommended by the Park and Recreation Commission. The motion passed. RECESS The Park and Recreation Commission recessed at 8:55 p.m. and reconvened at 9: 00 P .m. TELEVISING COMMISSION MEETINGS ON CABLE TV The Recording Secretary reviewed the City Council minutes from March 23, 1987, which noted staff was assigned to investigate the options available for televising the meetings. There was discussion on the status of the research of this issue. Chairman Sorenson pointed out that he would like to see the City Council liaison to each commission give a short comment or review on the activities of their last commission meeting at the City Council meetings. - The Recording Secretary said she would forward this suggestion on to the City Manager. YEAR 2000 ASSIGNMENTS The Recording Secretary reviewed her memorandum to the Commission dated April 21, 1987. There was a motion by Commissioner Manson and seconded b Commissioner mmissioner Peterson to recommend to the City Council to include as a 1988 budget request item funding for retaining a professional consultant to conduct a feasibility study of the undeveloped parkland areas at North Twin Lake, including the peninsula, island, beach, and northern end, as well as the Kylawn Preserve area. The motion passed. NORTH MISSISSIPPI REGIONAL PARK Councilmember Hawes said the City Council passed a resolution that approves everything east of L ndale Avenue z'Y g Y North as a bike 4 -21 -87 -4- MINUTES OF THE PROCEEDINGS OF THE HOUSING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION APRIL 14, 1987 CITY HALL CALL TO ORDER The Brooklyn Center Housing Commission met in regular session and was called to order by Vice- Chairperson Dolores Hastings at 7:35 p.m. ROLL CALL Vice - Chairperson Dolores Hastings, Commissioners Todd Paulson, Phil Cohen, Ron Turner. and Barb Jensen. Also present were Councilmember Theis and HRA Coordinator Brad Hoffman. Chairman Felger and Commissioner Haroldson were excused from this evening's meeting. APPROVAL OF MINUTES- FEBRUARY 17 1987 There was a.motion by Vice- Chairperson Hastings and seconded by Commissioner Cohen to approve the minutes of the February 17, 1987 Housing Commission meeting. The motion passed unanimously. HOUSING COMMISSION BYLAWS 0 Brad Hoffman introduced the next agenda item by reviewing proposed changes to existing bylaws of the Housing Commission. He noted the changes were made to make the operational bylaws of all the commissions, with the exception of the Planning Commission, the same. A lengthy discussion then ensued relative to absenteeism on the part of commission members. It was a unanimous consensus of the Housing Commission that the bylaws of the Housing Commission should reflect that any three consecutive absences or the failure to attend a majority of the scheduled meetings by a member would constitute an automatic resignation. It was agreed that individuals who are ill would also be terminated but would be allowed to reapply for the next opening on the commission. Commissioner Paulson felt that the mechanisms were currently present in the bylaws but were not being enforced. A discussion then ensued, and it was agreed that enforcement of the rovisio p ns being recommended for the bylaws would be enforced by the staff who would in turn inform the Mayor of the automatic resignations. There was a motion by Commissioner Jensen and seconded by Commissioner Cohen that the bylaws be amended to reflect that a member missing three consecutive meetings or a majority of the meetings within one year would constitute an automatic resignation. It was also the responsibility of the staff to inform the Mayor of such automatic resignations. The motion passed unanimously. 4 -14 -87 -1- Commission members then discussed the ability to bring non - residents into the commissions. Following a lengthy discussion, there was a motion by Commissioner Cohen and seconded by Commissioner Theis to allow up to one -third of the commission members to be non - residents; however, they had to be employed in Brooklyn Center for a minimum of one year prior to appointment. OTHER BUSINESS Brad Hoffman reviewed the Summary Statement of Trends, Issues and Goals to be discussed at the Year 2000 planning meeting on May 2 and indicated that the commission members were invited to attend. ADJOURNMENT There was a motion by Commissioner Paulson and seconded by Commissioner Cohen to adjourn � the meeting. he motion passed g P unanimously, and the Brooklyn Center Housing Commission adjourned at 8:45 p.m. Chairman 4 -14 -87 -2- I � MINUTES OF THE PROCEEDINGS OF THE HUMAN RIGHTS COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MAY 13, 1987 CITY HALL CALL TO ORDER The Brooklyn Center Human Rights Commission met in regular session and was called to order by Councilmember Lhotka at 7:39 p.m. ROLL CALL Commissioners Sullivan, McCumber, Eckman, Seburg, Wallerstedt, and Stoderl. Also present were Councilmember Lhotka and Recording Secretary Geralyn Barone. Chairman Kuhar was absent from this evening's meeting. Councilmember Lhotka announced he had received a letter of resignation from Commissioner Slu P ske. APPROVAL OF MINUTES - APRIL 8 1987 There was a motion by Commissioner Wallerstedt and seconded by Commissioner Eckman to approve the minutes of the April 8, 1987, meeting as submitted. The motion passed. REVIEW OF COMMISSION'S ENABLING RESOLUTION AND BYLAWS Councilmember Lhotka said in the 1960's human rights commissions were started during a time of racial disorder. The role of the Brooklyn Center y Human Rights Commission has changed considerably over the last several years, and many of its activities are no longer traditional human rights issues. Commissioner Wallerstedt pointed out in Subdivision IV of the enabling resolution the duties and responsibilities are still heavily related to human nights. If the Commission considers a name change, it may wish to look at changing the duties and responsibilities also. There was considerable discussion on whether or not to change the name of the organization. Several ideas include Human Resources Commission and Human Services Commission. Commissioner Sullivan reminded the members of the motion presented by Commissioner Slupske at the last meeting, which is still on the floor. The motion is to recommend a name change to something more closely defining what the Commission does. Upon the vote being taken on this motion, the motion passed. There was a motion by Commissioner Stoderl and seconded by Commissioner Sebur to recommend to the City g y that the Brooklyn Center Human Rights Commission name be changed to the Brooklyn Center Human Rights and Resources Commission. Commissioner Sullivan said he likes Human Services Commission better, and Commissioner Wallerstedt said he does not like resources because it smacks of personnel. Upon vote being taken on the foregoing motion, the motion passed. 5 -13 -87 -1- i i P The Commission'proceeded to discuss Subdivision V of the enabling resolution,- which addresses the number of members on the Commission. Councilmember Lhotka pointed out that enough people are needed to get things done, but also there have to be enough people to get a quorum at each meeting. There was discussion of reducing the number of the composition of the Human Rights Commission from eight members and a chairperson to six members and a chairperson. commissioner Stoderl pointed out that with a larger number, there is more turnover and it is confusing for new members. There was a motion by Commissioner Stoderl and seconded by Commissioner Sullivan to recommend to the City Council the membership of the Human Rights Commission be reduced from eight members and a chairperson to six members and a chairperson. The motion passed. There was discussion of whether or not to change some of the duties and responsibilities in the resolution, and Commissioner Stoderl suggested that this discussion be delayed until the fall Commission meeting when it can be further discussed. The Commission-agreed with this suggestion.: SINGLE PARENT FAMILIES The Commission reviewed the draft of the report to the City Council on single parent families and discussed whether or not the report should be lengthened. The consensus was that sufficient materials were included in the memorandum and additional information can be provided upon request. There was a motion by Commissioner Sullivan and seconded by Commissioner Seburg to accept the report on single parent families and forward it on to the City Council for their review. The motion passed. The Recording Secretary said this will appear on the June 8, 1987, agenda of the City Council meeting. NEXT COMMISSION MEETING The Commission agreed to tentatively set the next meeting for Wednesday, September 2, 1987, at 7:30 p.m. (The regularly scheduled Commission meeting would fall during the week of Labor Day; therefore, the Commission suggested scheduling the meeting one week earlier.) ADJOURNMENT There was a motion by Commissioner Seburg and seconded by Commissioner McCumber to adjourn the meeting. The motion passed. The Brooklyn Center Human Rights Commission adjourned at 8:38 p.m. Chairperson 5 -13 -87 -2- D fl AL CITY OF BROOKE COMMISSION BYLAWS Adopted , 1987 Pursuant to the following resolutions relating to and providing for the establishment, appointment, organization and responsibilities of the Brooklyn Center Housing, Human Rights, Park and Recreation, and Planning Commissions, the City Council does hereby adopt these bylaws and rules for the conduct of their affairs. Commission Resolutions Housing 73 -140, 75 -97, 77 -22, 87- Human Rights 68 -44, 69 -35, 71 -211, 74 -68, 87--_ Park and Recreation 73 -25, 77 -52, 87- Planning 87- and Ordinance 35 -201 Article I. Officers Section 1. Personnel The officers shall consist of a Chairperson and Vice- Chairperson. Section 2. Duties The Chairperson shall preside at all meetings and shall appoint, Ad Hoc Committee members and Ad Hoc Committee Chairpersons. The Vice- Chairperson shall be appointed annually by the Chairperson and shall perform such duties as may be assigned by the Chairperson, and shall assume the Chair in the absence of the Chairperson. Article II. Meetings The Commission shall hold regular monthly meetings. Special meetings may be called at any time by the Chairperson upon sufficient notification to all Commission members. Article III. Ouorum A quorum shall consist of a majority of the members of the Commission. Article IV. Attendance Three consecutive unexcused absences from duly called Commission meetings shall constitute automatic resignation from office. 0 0 0 Article V. Minutes Minutes of each regular meeting, in writing, shall be provided to each Commission member prior to the commencement of the- succeeding.-regular meeting. Article VI. Ad Hoc Committees Section 1. Structure The Commission may create - Ad Hoc Committees - - to investigate those areas where problems relative to the Commission's purpose are recognized. Section 2 Membership Each Ad Hoc Committee shall consist of at least two Commission members. Section 3. Duties of Ad Hoc Committee''Charperson Each Ad Hoc Committee shall have a Chairperson, ­­,who shall provide regular interim reports on the progress of the Ad Hoc Committee. A final report to the Commission must be submitted. Article VII. General Provisions No° member of the Commission or its Committees shall be authorized to speak on behalf of the Commission publicly, unless the Commission has first considered and = approved such statements. _ Article VIII. Parliamentary Authority Robert's Rules of Order shall be the governing` authority for all meetings of the Commission and for its committees. Article IX. Amendments = These bylaws may be amended by a majority vote of the City Council. • Q D y Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING RESOLUTION NO. 73 -140 WHICH CREATED THE BROOKLYN CENTER HOUSING COMMISSION AND DEFINED ITS DUTIES AND RESPONSIBILITIES; AMENDING RESOLUTION NO. 75 -97 WHICH AMENDED RESOLUTION NO. 73 -140; AND AMENDING RESOLUTION NO. 77 -22 WHICH FURTHER DEFINED DUTIES AND RESPONSIBILITIES OF THE BROOKLYN CENTER HOUSING COMMISSION WHEREAS, the Brooklyn Center City Council approved Resolution No. 73 -140 establishing a Brooklyn Center Housing Commission and defining its duties and responsibilities on August 20, 1973; and WHEREAS, Resolution No. 75 -97 amended Resolution No. 73 -140 allowing the Housing Commission to serve as a review and advisory board for the Board of Appeals related to the Housing Maintenance and Occupancy Ordinance; and WHEREAS, Resolution No. 77 -22 superseded Resolution No. 73 -140 and Resolution No. 75 -97 and further defined duties and responsibilities of the P Brooklyn Center Housing. Commission, and WHEREAS, in an effort to review the City Council advisory commissions' enabling resolutions, as recommended in the Year 2000 Report, certain amendments to the Brooklyn Center Housing Commission resolution are desired. NOW, THEREFORE, BE IT RESOLVED by the Brooklyn Center City Council that Resolution No 77 -22 be amended as follows: I. Change Subdivision 4, (10) to read: Develop and recommend a rehabilitation program as needed for existing housing in Brooklyn Center, especially for major maintenance and energy modernization projects. II. Add Subdivision 4, (15) to read: Assist the Planning Commission in reviewing and discussing a redevelopment policy for the City of Brooklyn Center, er and make recommendations � to the City Council with regard to redevelopment in the City. III. Change Subdivision 5 to read: The Commission shall be composed of a chairperson and eight members, all of whom shall be appointed and serve as set forth in Subdivision 6. t Plu D RESOLUTION NO. IV. Change Subdivision 6 to read: Chairperson The Chairperson shall be appointed by the Mayor with majority consent of the City Council. The Chairperson may removed by the Mayor with majority consent of the Council. The Chairperson shall - assure . _ fulfillment of the following responsibilities in addition to those otherwise described herein:_ 1. Preside over meetings of the Commission; 2. Appear or appoint a representative to appear,,- necessary, before City advisory commissions and the Council to present the viewpoint. of the Commission in matters pertaining to housing, as it relates to business under consideration by said _:. commissions or City Council.,; 3,.... Review. all official .minutes.- of the City - .Council and other advisory commissions for the purpose of informing the Housing Commission of matters relevant to housing; _4. Provide liaison with other governmental_ and voluntary organizations on matters relevant to housing. - Vice Chairperson A Vice Chairperson shall .be _. appointed annually by the from the members of the Commission. The Vice Chairperson shall perform such duties as may be assigned by the Chairperson and shall .assume the responsibilities of the chair in the absence of the chairperson. Members' Term of Office Members of the Commission shall be appointed by the Mayor with majority - -consent of the Council.. The terms of office shall be staggered three -year terms, except that any person appointed to fill _a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. Upon expiration of his term of office, a member shall continue to serve until his successor is appointed and shall have qualified. Terms of office for members of the Commission shall_ expire on December 31 of respective calendar years. In the event an appointed Commissioner suffers from an extended illness, disability, or other activity preventing proper fulfillment of duties, responsibilities, rules and regulations of the Commission, the - Commissioner may be temporarily replaced during the temporary leave by an interim Commissioner appointed by the Mayor with majority consent of the City Council. t o0 0 RESOLUTION NO. Qualifications for Membership r hiw MemLers of the Commission shall be residents of the City of Brooklyn Center while serving on the Commission, shall have been a resident of said City for at least one year prior to their appointment, and shall represent a broad range of interest in the housing function. Representation Requirements Commission members may be appointed on an at -large basis giving consideration to the geographic neighborhoods as described in Subdivision 11. Conflict of Interest No Commissioner shall take part in the consideration of any matter wherein he /she is the applicant, petitioner, or appellant, nor in the consideration of any application, petition, or appeal wherein his /her interest might reasonably be expected to affect his /her impartiality. Initial Appointment The Commission under this resolution shall become effective September 1, 1973 and shall consist of three members appointed for a term through December, 1974, three members appointed for a term through December, 1975, and three members appointed for a term through December, 1976. Resignations - Removal from Office - Vacancies Commissioners may resign voluntarily or may be removed from office by the Mayor with consent by majority vote of the City Council. Three consecutive unexcused absences from duly called Commission meetings shall constitute automatic resignation from g office. Vacancies in the Commission shall be filled by Mayoral appointment with majority consent of the City Council. Compensation: Commissioners shall serve without compensation. V. Change Subdivision 8 to read: The initial meeting of the Commission shall be convened at the call of the Chairperson during October, 1973. Thereafter, regular meetings shall be held with date and time to be determined by the Commission. Special meetings may be called by the Chairperson. VI. Change Subdivision 9 to read: The City Manager shall assign one member of the administrative staff to serve as staff to the Commission. The staff member assigned shall perform such clerical and research duties on behalf of the Commission as may be assigned by the Chairperson or the City Manager. Q D RESOLUTION NO. 0 P OP VII. Change Subdivision 10 to read: The Mayor or his Councilperson- appointee shall serve,-,as an ex officio member of the Commission, privileged to speak on any: matter but without a vote,-.,-and shall provide a liaison between the Commission and the City Council. Date Mayor ATTEST: Clerk The motion for the-adoption of the foregoing resolution was duly seconded by member, , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: - whereupon said resolution was declared duly passed and adopted. n u RESOLUTION NO. 73 -1D 40 D p RESOLUTION NO. 75 -97 RESOLUTION NO. 77 -22 RESOLUTION NO. 87-_ RESOLUTION ESTABLISHING A BROOKLYN CENTER HOUSING COMMISSION AND DEFINING DUTIES AND RESPONSIBILITIES THEREFOR WHEREAS, the housing situation in Brooklyn Center has reached a point in its development which requires a concentrated effort in the development of housing standards to protect the quality of life in the community; and WHEREAS, Brooklyn Center shows the beginning of some housing deterioration and it is a common fact that deterioration can quickly reach a point where repair is no longer feasible and deterioration will then spread to the entire neighborhood causing blight, and WHEREAS, for a housing program to be successful, it must involve citizen participation to tailor the program to the citizens of Brooklyn Center; and WHEREAS, the City of Brooklyn Center being a progressive community, must commit itself to the maintenance of quality housing for its citizens. NOW, THEREFORE, BE IT RESOLVED by the Brooklyn Center City Council that there is hereby established within the City of Brooklyn Center an advisory Housing Commission as follows: Subdivision 1. TITLE: This organization shall be known as the Brooklyn Center Housing Y g Subdivision 2. SCOPE. The scope of activity of this Commission shall consist of advising the City Council and other Brooklyn Center advisory commissions regarding matters relevant to housing. Subdivision 3. PURPOSE: The general purpose of this Commission shall be to afford citizen input in the development of a housing program to supplement the activities of the City Council. Subdivision 4. DUTIES AND RESPONSIBILITIES: In fulfillment of its purpose, the duties and responsibilities of the Commission shall be to: (1) Advise, investigate and review relevant matters for the City Council. (2) Develop an overall plan for housing in line with the comprehensive plan for Brooklyn Center and the needs of the metropolitan area. V D will D (3) Serve as a forum for the citizens o Brooklyn Center to voice their opinions regarding housing matters. (4) Work closely with the Planning Commission and all other_pommissions on matters regarding housing.:: (5) Work with the neighborhood advisory committees of the Planning Commission to understand the housing needs of each area of Brooklyn Center. (6) Develop and recommend standards for occupancy and maintenance - - housing for the community. (7) Study the feasibility of establishing -an occupancy permit program, in conjunction with a housing maintenance code in Brooklyn Center. (8) Investigate new and innovative concepts in housing for the community. (9)- Develop and recommend programs which , wil - provide quality housing for low and moderate income citizens. (10) Develop and recommend a rehabilitation program as needed for_ existing housing in Brooklyn Center, especially for major maintenance and energy modernization projects. (11) Understand the financial resources available to the citizens in Brooklyn Center as it relates to housing. (12) Investigate all housing programs in terms of life safety. J13) Provide education seminars for the citizens of Brooklyn Center in matters of housing. (14) Serve as the initial review and advisory body for the Board of Appeals regarding contested compliance orders pursuant to the - Housing Maintenance and Occupancy Ordinance, Sections 12- 1202 and 12 -1203. (15) Assist the Planning Commission in reviewing and discussing a redevelopment policy for the City of Brooklyn Center, and make recommendations to the City Council with regard to redevelopment in the City. Subdivision 5. COMPOSITION: The Commission shall be composed of a chairperson and eight (8) members, all of whom shall be appointed and serve as set forth in Subdivision 6. D D p Subdivision 6. MEMBERS METHOD OF SELEC ON- RM OFFICE - REMOVAL: Chairperson The Chairperson shall be appointed by the Mayor with majority consent of the City Council. The Chairperson may be removed by the Mayor with majority consent of the Council. The Chairperson shall assure fulfillment of the following responsibilities in addition to those otherwise described herein: (1) Preside over meetings of the Commission; (2) Appear or appoint a representative to appear, as necessary, before City advisory commissions and the City Council to present the viewpoint of the Commission in matters pertaining to housing, as it relates to business under consideration by said commissions or City Council (3) Review all official minutes of the City Council and other advisory commissions for the purpose of informing the Housing Commission of matters relevant to housing; (4) Provide liaison with other governmental and voluntary organizations on matters relevant to housing. Vice Chairperson A Vice Chairperson shall be appointed annually by the Chairperson from the members of the Commission. The Vice Chairperson shall perform such duties as may be assigned by the Chairperson and shall assume the responsibilities of the chair in the absence of the Chairperson. Members' Term of Office Members of the Commission shall be appointed by the Mayor with majority consent of the Council. The terms of office shall be staggered three -year terms, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. Upon expiration of his term of office, a member shall continue to serve until his successor is appointed and shall have qualified. Terms of office for members of the Commission shall expire on December 31 of respective calendar years. In the event an appointed Commissioner suffers from an extended illness, disability, or other activity preventing proper fulfillment of duties, responsibilities, rules and regulations of the Commission, the Commissioner may be temporarily replaced during the temporary leave by an interim Commissioner appointed by the Mayor with majority consent of the City Council. rt 0 0� U Qualifications for Me ers 1 V)e s o e Commission shall be residents of the City of Brooklyn Center while serving on the Commission, shall have been a resident of said City for at least one year prior - their appointment, and shall represent a broad range of interest in the housing function. Representation Requirements Commission members may be appointed on an at -large basis after giving consideration to the geographic neighborhoods as described in Subdivision 11. _ Conflict of Interest No Commissioner shall take part in the. consideration of any matter wherein he/she -.is the applicant, petitioner, or appellant, nor in the consideration of any application, p.etition,7or appeal wherein his /her interest might reasonably be :expected to affect his /her impartiality. Initial Appointment The Commission under this resolution shall become effective September 1, 1973 and shall consist of three members" appointed for a term through December, 1974, three members appointed for a term through December, 1975, and three members appointed for a term through December, 1976. Resignations- Removal from Office- Vacancies Commissioners may resign voluntarily or may be removed from office by the Mayor with consent by majority vote of the City Council. Three consecutive unexcused absences from duly called Commission - meetings shall constitute automatic resignation -.from office. Vacancies in the Commission shall be filled by Mayoral appointment with majority consent of the City Council. Compensation Commissioners shall serve without compensation. Subdivision 7. RULES AND PROCEDURES: The Commission shall adopt such rules and procedures not inconsistent with these provisions as may be necessary for the proper execution and conduct of business. Subdivision 8. MEETINGS: The initial meeting of the Commission shall be convened at the call of the Chairperson during October, 1973. Thereafter, regular meetings shall be held with date and time to be determined by the Commission. Special meetings may be called by the Chairperson. Subdivision 9. STAFF: The City Manager shall assign one member of the administrative staff to serve as staff to the Commission. The staff member assigned shall perform such clerical and research duties on behalf of the Commission as may be assigned by the Chairperson or the City Manager. D D D Subdivision 10. EX OFFICIO MEMBERS: The Mayor or his Councilperson- appointee shall serve as an ex officio member of the Commission, privileged to speak on any matter but without a vote, and shall provide a liaison between the Commission and the City Council. Subdivision 11. NEIGHBORHOODS: Neighborhoods Described Southeast Neighborhood: The Southeast neighborhood shall be bordered on the south by the south city limits; on the east by the Mississippi River; on the north by FAI -94; and on the west by Shingle Creek. Northeast Neighborhood: The Northeast neighborhood shall be bordered on the south by FAI -94 ; on the east by the Mississippi River; on the north by the north city limits; and on the west by Shingle Creek. Northwest Neighborhood: The Northwest neighborhood shall be bordered on the south by FAI -94; on the east by Shingle Creek; -on the north by the north city limits; and on the west by the west city limits. Central Neighborhood: The Central neighborhood shall be bordered on the south by County Road 10; on the east by Shingle Creek; on the north by FAI -94; and on the west by Brooklyn Boulevard. West Central Neighborhood: The West Central neighborhood shall be bordered on the south by County Road 10; on the east by Brooklyn Boulevard; on the north by FAI -94; and on the west by the west city limits. Southwest Neighborhood: The Southwest neighborhood ` shall be bordered on the south by the south city . limits; on the east by Shingle Creek; on the north by County Road 10; and on the west by the west city limits. Neighborhood Advisory Committees: Commissioners shall be assigned by the Chairperson as liaison to neighborhood advisory committees of the Planning Commission. It will then be a responsibility of each neighborhood advisory committee of the Planning Commission to review housing matters and present the neighborhood attitudes and opinions on general and specific housing programs directly affecting that neighborhood. _ (a1Y1�1'�'SY i - -�" IOU A I1M IMIN 17 t� �r—•"7 � • � � u � — �: F ,w .Mxa • ue exL � Y i • .S JL_ -ate—_ •. 1M I�C�yl�t C � - - 'If'° i Lj. � E3 • � � .w ,_, �� Q r y �, a ©� ; I a 3- Au lu led. ! * • _ � — - F ]C7■ i 1, Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION NO. 73_140 RESOLUTION ESTABLISHING A BROOKLYN CENTER HOUSING COMMISSION AND DEFINING DUTIES AND RESPONSIBILITIES THEREFOR WHEREAS, the housing situation in Brooklyn Center has reached a point in its development which requires a concentrated effort in the development of housing standards to protect the quality of life in the community; and WHEREAS, Brooklyn Center shows the beginning of some housing deterioration and it is a common fact that deterioration can quickly reach a point where repair is no longer feasible and deterioration will then spread to the entire neighborhood causing blight; and WHEREAS, for a housing program to be successful, it must involve citizen participation to tailor the program to the citizens of Brooklyn Center; and WHEREAS, the City of Brooklyn Center being a progressive community, must commit itself to the maintenance of quality housing for its citizens: NOW, THEREFORE, BE IT RESOLVED by the Brooklyn Center City Council that there is hereby established within the City of Brooklyn Center an advisory Housing Commission as follows: Subdivision 1. TITLE: This organization shall be known as the Brooklyn Center Housing Commission. Subdivision 2. SCOPE: The scope of activity of this Commission shall consist of advising the City Council and other Brooklyn Center advisory commissions regarding matters relevant to housing. Subdivision 3. PURPOSE: The general purpose of this Commission shall be to afford citizen input in the development of a housing program to supplement the activities of the City Council. Subdivision 4. DUTIES AND RESPONSIBILITIES: In fulfillment of its purpose, the duties and responsibilities of the Commission shall be to: (1) Advise, investigate, and review relevant matters for the City Council. (2) Develop an overall plan for housing in line with the comprehensive plan for Brooklyn Center and the needs of the metropolitan area. i Resolution No. 73 -140 (3) Serve as a forum for the citizens of Brooklyn Center to voice their opinions regarding housing matters. (4) Work closely with the Planning Commission and all other commissions on matters regarding housing. (5) Work with the neighborhood advisory committees of the Planning Commission to understand the housing needs of each area of Brooklyn Center. (6) Develop and recommend standards for occupancy and maintenance of housing for the community. (7) Study the feasibility of establishing an occupancy permit program in conjunction with a housing maintenance code in Brooklyn Center. (8) Investigate new and innovative concepts in housing for the community. (9) Develop and recommend programs which will provide quality housing for low and moderate income citizens. (10) Develop and recommend a rehabilitation program as needed for existing housing in Brooklyn Center. (11) Understand the financial resources available to the citizens in Brooklyn Center as it relates to housing. (12) Investigate all housing programs in terms of life safety. (13) Provide education seminars for the citizens of Brooklyn Center in matters of housing. Subdivision 5. COMPOSITION: The Commission shall be composed of a chairman and eight members. Subdivision 6. MEMBERS METHOD OF SELECTION - TERM OF OFFICE - REMOVAL: Chairman The Chairman shall be appointed by the Mayor with majority consent of the City Council. The Chairman may be removed by the Mayor with majority consent of the Council. The Chairman shall assure fulfillment of the following respon- sibilities in addition to those otherwise described herein: Resolution No. -140 (1) Preside over meetings of the Commission; (2) Appear or appoint a representative to appear before the City Council and City advisory commissions to present the viewpoint of the Commission in matters pertaining to housing; (3) Review all official minutes of the City Council and other advisory commissions for the purpose of informing the Housing Commission of matters relevant to housing; (4) Provide liaison with other governmental and voluntary organizations on matters relevant to housing; Vice Chairman: A Vice Chairman shall be selected annually by the Chairman from the members of the Commission. The Vice Chairman shall perform such duties as may be assigned by the Chairman and shall assume the responsibilities of the chair in the absence of the Chairman. Members' Term of Office: Members of the Commission shall be appointed by the Mayor with majority consent of the Council for staggered three -year terms, except that any person appointed to fill a vacancy occurring prior to the .expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. Upon expiration of his term of office, a member shall continue to serve until his successor is appointed and shall have qualified. Residency Requirements: The Commission members shall reside in geographic neighborhoods as described in Subdivision 11. One member of the Commission shall be appointed from each of the six neighborhoods and the Chairman and two members - chosen at large, provided there shall be no more than two members residing in the same neighborhood. Qualifications for Membership: Members of the Commission shall be residents of the City of Brooklyn Center while serving on the Commission and shall represent a broad range of interest in the housing function. r Resolution No. -140 Initial Appointment: The Commission under this resolution shall become effective September 1, 1973 and shall consist of three members appointed for a term through December 1974, three members appointed for a term through December 1975, and three members appointed for a term through December 1976. Resignations - Removal from Office - Vacancies: - Commissioners may resign. voluntarily or may be removed from office by the Mayor with consent by majority vote of the City Council. Three consecutive unexcused absences from duly ' called Commission meetings shall constitute automatic resignation from office. Vacancies in the Commission shall be filled by Mayoral appoint- ment with majority consent of the City Council. Compensation Commissioners shall serve without compensation. Subdivision 7. RULES AND PROCEDURES: The Commission shall adopt such rules and procedures not inconsistent with these provisions 'as may be necessary for the proper execution and conduct of business. Subdivision 8. MEETINGS: The initial meeting of the Commission shall be convened at the call of the Chairman during October 1973. Thereafter, regular meetings shall be held with date and time to be determined by the Commission. Special meetings may be called by the Chairman. Subdivision 9 STAFF: The City Manager shall assign one member of the administrative staff to serve as staff to the Commission. The staff member assigned shall perform such clerical and research duties on behalf of the Commission as may be assigned by the Chairman. Subdivision 10'. EX OFFICIO MEMBERS: The Mayor or his Council- man-appointee shall serve as an ex officio member of the Commission privileged to speak on any matter but without a vote, and shall provide a liaison between the Commission and the City Council. Subdivision 11. NEIGHBORHOODS: Neighborhoods Described Southeast Neighborhood: The Southeast neighborhood shall be bordered on the south by the south city limits; on the east by the Mississippi River; on the north by FAI -94; and on the west by Shingle Creek. r l Resolution No. 73 -140 Northeast Neighborhood: The Northeast neighborhood shall be bordered on the south b FAI -94• on the east b the Mississippi Y Y PP River; on the north by the north city limits; and on the west by Shingle Creek. Northwest Neighborhood: The Northwest neighborhood shall be bordered on the south by FAI -94; on the east by Shingle Creek; on the north by the north city limits; and on the west by the west city limits. Central Neighborhood: The Central neighborhood shall be bordered on the south by County Road 10; on the east by Shingle Creek; on the north by FAI -94; and on the west by Brooklyn Boulevard. West Central Neighborhood: The West Central neighborhood shall be bordered on the south by County Road 10; on the east by Brooklyn Boulevard; on the north by FAI -94; and on the west by the west city limits. Southwest Neighborhood: The w g e South est neighborhood shall be bordered on the south by the south city limits; on the east by Shingle Creek; on the north by County Road 10; and on the west by the west city limits. Neighborhood Advisory Committees: Each Commissioner representing a neighborhood shall automatically be a member of the neighborhood advisory committee of the Planning Commission. It will then be a responsibility of each neighborhood advisory committee of the Planning Commission to review housing matters and present the neighborhood attitudes and opinions on general and specific housing programs directly affecting that neighborhood. August 20, 1973 Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler , and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, john Leary, Bill Fignar, and Tony Kuefler; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. t c Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION NO. 75 -97 RESOLUTION AMENDING RESOLUTION NO. 73 -140 WHICH ESTABLISHED THE BROOKLYN CENTER HOUSING COMMISSION AND DEFINED THE DUTIES AND RESPONSIBILITIES THEREFOR WHEREAS, the Brooklyn Center City Council adopted Resolution No. 73 -140 establishing a Brooklyn Center Housing Commission and defining its duties and responsibilities on August 20, 1973; and WHEREAS, the Brooklyn Center City Council at its March 24 -, 1975 regular session Council meeting, adopted a Housing Maintenance and Occupancy Ordinance, Chapter 12 of the City Ordinances; and WHEREAS Sections 12 -1202 and 12 -1203 of said ordinance contain provisions for a person to appeaLa compliance order to the City Council sitting as a Board of Appeals; and - WHEREAS, it is the intention of the City Council to charge the Housing Commission with the duty and responsibility of being an advisory review body for appeals to contested compliance orders relating to said ordinance: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to amend Resolution No. 73 -140 in the following manner: Change subdivision 4, Duties and Responsibilities, to include: (14) - Serve as the initial review and advisory body for the Board .of Appeals regarding contested compliance orders pursuant to the Housing Maintenance and Occupancy Ordinance, Sections 12 -1202 and 12 -1203. May 19. 1975 Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Robert Jensen , and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar and Robert Jensen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Tony Kuefler introduced - the following resolution and moved its adoption: RESOLUTION NO. 77 -22 RESOLUTION ESTABLISHING A BROOKLYN CENTER HOUSING COMMISSION AND DEFINING DUTIES AND RESPONSIBILITIES THEREFOR WHEREAS, the housing situation in Brooklyn Center has reached a point in its development which requires a concentrated effort in the development of housing standards 'to protect the quality of life in the community; and . u � . 0 . . s WHEREAS, Brooklyn Center shows the beginning of some housing deterioration and it is a common fact that deterioration can quickly reach a point where repair is no longer feasible and deterioration will then spread to the entire neighborhood causing.blight; and WHEREAS, for a housing program - to be successful; it must involve citizen participation 'to tailor the program to the citizens of Brooklyn Center; and WHEREAS, the City of Brooklyn Center being a progressive community, must commit itself - to - the maintenance of quality housing for its citizens: NOW, THEREFORE, BE IT RESOLVED by the Brooklyn Center City Council that there is hereby established within the City of Brooklyn Center an advisory Housing Commission as follows: Subdivision 1. TITLE: This organii4ation ,shall be known as the Brooklyn Center Housing Commission. Subdivision 2. SCOPE: The scope of activity of - this Commission shall consist of advising - the City Council and other Brooklyn Center advisory commissions regarding matters relevant to housing. Subdivision 3. PURPOSE: The neral purpose of this Commission g P P shall be - to afford citizen input in the development of a housing program to supplement the activities of the City Council. Subdivision 4. DUTIES AND RESPONSIBILITIES: In fulfillment of its purpose, the duties and responsibilities of the Commission shall be - to: (1) Advise; investigate and review relevant matters for the City Council. r RESOLUTION NO. -22 (2) Develop an overall plan for housing in line with - the comprehensive plan for Brooklyn Center and the needs of 'the metropolitan area. (3) Serve as a forum for the citizens of- Brooklyn Center to voice 'their opinions regarding housing matters . (4) Work closely with the Planning Commission and all other commissions on matters regarding housing. (5) Work with - the neighborhood advisory committees of 'the Planning Commission to understand the housing needs of each area of Brooklyn Center. . (6) . Develop and recommend standards for occupancy and maintenance of housing for the community. (7) Study - the feasibility of establishing an occupancy permit program in conjunction with a housing maintenance code in Brooklyn Center. (8) Investigate new and innovative concepts in housing for the community. (9) Develop and recommend programs which will provide quality housing for low and moderate income citizens. (10) Develop and recommend a rehabilitation program as needed for existing housing in Brooklyn Center. (l 1) Understand - the financial resources available - to - the citizens in Brooklyn Center as it relates - to housing. (12) Investigate all housing programs in terms of life safety. (13) Provide education seminars for - the citizens of Brooklyn Center in matters of housing. (14) Serve as the initial review and advisory body for the Board of Appeals regarding contested compliance orders pursuant - to - the Housing Maintenance and Occupancy Ordinance, Sections 12 -1202 and 12- 1203. 4 RESOLUTION NO. 77 -22 Subdivision 5. COMPOSITION: The Commission shall be composed i of a chairman and eight members. Subdivision 6. MEMBERS METHOD OF SELECTION - TERM OF OFFICE - REMOVAL: Chairman: The Chairman shall be appointed by the Mayor with majority consent of the City Council. The Chairman may be removed by the Mayor with majority consent of the Council. The Chairman shall a -ssure fulfillment of -the following responsibilities in addition to those otherwise described herein: (1) Preside over meetings of the Commission; (Z) A ear or• appoint* a representative to appear before the it pp pA A ppe e e City Council and City advisory commissions to present the view- . point of the Commission in matters pertaining to housing; (3) Review all official minutes of the City Council and other advisory commissions for the purpose of informing the Housing Commission of matters relevant to housing; (4) Provide liaison with other governmental and voluntary organi- zations on matters relevant to housing. Vice Chairman A Vice Chairman shall be..selected annually by the Chairman from the members of the Commission. The Vice Chairman° shall perform such duties as may be assigned by the Chairman and shall assume the responsibilities of the chair in the absence of the Chairman. Members' Term oft Office: Members of the Commission shall be appointed by the Mayor with majority consent of the Council for staggered three -year terms, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. Upon expiration of his term of office, a member shall con- tinue to serve until his successor is appointed and shall have qualified. Residency. Requirements: Commission members shall be Brooklyn Center residents and may be appointed on an at large basis after giving g g g con - sideration to the geographic neighborhoods as described in Subdivision 11 . f Qualifications for Membership: Members of the Commission shall be residents of the City of Brooklyn Center while serving on the Commission lie and shall represent a broad range of interest in the housing function. s RESOLUTION NO._ 7.7 -22 Initial Appointment: The Commission under this resolution shall become effective September 1, 1973 and shall consist of three members appointed for a term through December, 1974, three members appointed for a term through December, 1975, and three members appointed for a term through December, 1 976. Resignations - Removal from Office - Vacancies: Commissioners may resign voluntarily or may be removed from office by the Mayor with consent by majority vote of the City Council. Three consecutive unexcused ekbsences •from duly called Commission meetings shall con- stitute automatic resignation from office. Vacancies in the Commission shall be filled by Mayoral appointment with majority consent of the City Council. dompensatlon: ; Commissioners shall serve without compensation. Subdivision 7 RULES AND PROCEDURES: The Commission shall adopt such rules and procedures not inconsistent with these provisions as may be necessary for the proper execution and conduct of business. Subdivision 8. MEETINGS:_ The initial .meeting of the Commission shall be convened at the call of the Chairman during October, 1973. I � I Thereafter, regular meetings shall be held with date and time to be f determined by the Commission. Special meetings may be called by the Chairman. Subdivision 9. . STAFF: The City' Manager`shall assign one member of the administrative staff to serve as staff to the Commission. The staff member assigned shall perform such clerical and research duties g on behalf of the Commission as may be assigned by the Chairman. Subdivision 10. EX OFFICIO MEMBERS: The Mayor or his Councilman- . appointee shall serve as an ex officio member of the Commission privileged to speak on any matter but without a vote-, and shall provide a liaison between ee the Commission and the City Council. Subdivision 11. NEIGHBORHOODS: Neighborhoods Described: Southeast Neighborhood: The Southeast neighborhood shall be bordered on the south by the south city limits; on the east by the Mississippi j River; on the north by FAI -94; and on the west by Shingle Creek. RESOLUTION NO. 77 -22 Northeast Neighborhood: The Northeast neighborhood shall be bordered on the south by FAI -94; on the east by the Mississippi River; on the north by the north.city limits; and on the west by Shingle Creek. Northwest Neighborhood: The Northwest neighborhood shall be bordered on the south by FAI -94; on the east by Shingle Creek; on the north by the north city limits; and on the west by the west city limits. Central Neighborhood: The Central neighborhood shall be bordered on the south by °County 'Road 10; on'the °east by Shingle Creek; on the north by FAI -94; and on the west by Brooklyn Boulevard. West Central Neighborhood: The West Central neighborhood shall be bordered ort the south by County Road 10; on the east by Brooklyn ° Boulevard;'ori the north by FAI -94; and on the west by the west city limits. Southwest Neighborhood: The Southwest neighborhood shall be bordered on the south by the south city limits; on the east by Shingle Creek; on the north by County Road 10; and on the west by the west city limits. Neighborhood Advisory Committees: Commissioners shall be assigned by the chairman as liaison to neighborhood advisory committees of the Planning Commission. It will then be a responsibility of each neighbor - hood advisory committee of the Planning Commission to review housing matters and present the neighborhood attitudes and opinions on general and, specific housing programs directly affecting that neighborhood.. BE IT FURTHER RESOLVED that this resolution supersedes Resolution No. 73 -140 adopted August 20, 1973 and Resolution No. 75 -97 adopted May 19, 1975. January 24, 1977 Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar , and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 4 BYLAWS Of The BROOKLYN CENTER HOUSING COMMISSION Pursuant to Resolution No. 77 -22, adopted by the City Council of the - City of Brooklyn Center on January 24, 1977 relating to and providing for the establishment, appointment, organization and responsibilities of the Brooklyn Center Housing Commission, the said Commission does hereby adopt the following bylaws and rules for the conduct of its affairs. Article I. Officers Section 1. Personnel The officers shall consist of a. Chairman and Vice - Chairman. Section 2. Duties The Chairman shall preside at. all meetings g and shall appoint Ad Hoc Committee members and Ad Hoc Committee Chairmen. The Vice- Chairman shall be appointed annually by the Chairman and shall perform such duties as may be assigned by the Chairman, and shall assume the Chair in the absence of the Chairman. I _ Article II. Meetings The Commission shall hold regular monthly meetings. Special meetings maybe called at any time by the Chairman upon sufficient notification to all Commission members. Article III., Quorum A quorum shall consist of a majority of the members of the Commission. Article IV. _ Attendance Three consecutive absences by a Commission member shall initiate discussion as to the member's status on the Commission. The Commission may direct the Chairman to investigate absences. Three consecutive unexcused absences by 'a Commission member shall constitute automatic resignation from office. -1 - a Article V. Minute s Minutes of each meeting shall be provided to each Commission member prior to the commencement of the succeeding meeting. Article VI. Ad Hoc Committees Section 1. Structure The Commission may create Ad Hoc Committees to investigate housing concerns. Section 2. Membership Each Ad Hoc Committee shall consist of at least two Commission members. Section 3. Ad Hoc Committee Chairmen Each Ad Hoc Committee shall have a Chairman. The Ad Hoc Committee Chairman shall provide regular interim reports on the progress of the Ad Hoc Committee. A final report to the Commission must be submitted. Article VII. Neighborhood Advisory Committees Each Housing Commissioner representing a neighborhood as outlined in Resolution No. 77 -22 shall automatically be a member of the Neighborhood Advisory Committee of the Planning Commission. It is the responsibility of each Neighborhood Advisory Committee of the Planning Commission to review housing matters and present the neighborhood attitudes and opinions on general and specific housing programs directly affecting that neighborhood. Article VIII. General Provisions No member of the Housing Commission or its Committees shall be authorized to speak on behalf of the Commission publicly, unless the Commission has first considered and approved such statements. Article IX. Parlimentary Authority Robert's Rules of Order shall be the governing authority for all meetings of the Commission and for its Committees. -2- Article X. Amendments These bylaws may be amended by a 2/3 vote of the Commission provided the proposed amendments are presented to the Commission members ten days in advance. These bylaws shall be reviewed on an annual basis by the Housing Commission. Proposed: November 7, 1973 Adopted: December 4, 1973 Amended: September 9, 1975 Amended: September. 13, 1977 -3- D D Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING RESOLUTION NO. 68 -44 WHICH CREATED THE BROOKLYN CENTER HUMAN RIGHTS COMMISSION, AND DEFINED ITS DUTIES AND RESPONSIBILITIES; AMENDING RESOLUTION NO. 71 -211 WHICH ESTABLISHED THE COMMISSION'S COMPOSITION; AND AMENDING RESOLUTION NO. 74 -68 WHICH FURTHER DEFINED DUTIES, RESPONSIBILITIES, COMPOSITION, METHOD OF SELECTION, TERM OF OFFICE AND REMOVAL FROM THE COMMISSION WHEREAS, the Brooklyn Center City Council approved Resolution No. 68 -44 creating a Brooklyn Center Human Rights Commission and defining its duties and responsibilities on February 19, 1968; and WHEREAS, Resolution No. 69 -35 adjusted the Human Rights Commission terms of office; and WHEREAS, Resolution No. 71 -211 amended Resolution No. 68 -44 by establishing the Commission's composition on March 1, 1971; and WHEREAS, Resolution No. 74 -68 amended Resolutions No. 68 -44, No. 69 -35 and No. 71 -211 by further defining duties and responsibilities, composition of the Commission, method of selection, term of office, and removal from the Commission; and WHEREAS, in an effort to review the City Council advisory commissions' enabling resolutions, as recommended in the Year 2000 Report, certain amendments to the Brooklyn Center Human Rights Commission's g resolutions are desired. NOW, THEREFORE, BE IT RESOLVED by the Brooklyn Center City Council that Resolution No. 68 -44, Resolution No. 69 -35, Resolution No. 71 -211, and Resolution No. 74 -68 be amended as follows: I. Renumber Subdivision 2 to Subdivision 3. II. Add new Subdivision 2 to read: Subdivision 2. SCOPE: The scope of activity of this Commission shall consist of advising the City Council and other Brooklyn Center advisory commissions regarding matters relevant to human rights, needs and services. III. Renumber Subdivision 3 to Subdivision 4. D D RESOLUTION NO. IV. In new Subdivision 4, add: (5) Advise and assist in the determination of human service needs in -the community. V. Renumber Subdivision 4 to Subdivision 5, VI. In new Subdivision 5, change to read: The Commission shall be composed of a Chairperson and eight (8) members, all of whom shall be appointed and serve as set forth in Subdivision 6. VII. Renumber Subdivision 5 t Subdivision - .6. VIII. In new Subdivision 6, change to ready MEMBERS' METHOD OF SELECTION -TERM OF OFFICE- REMOVAL: Chairperson The Chairperson shall be appointed by the Mayor with majority "consent of the City Council. The Chairperson � may be rP removed b the .Ma or with th ma'orit Y Y majority consent of the Council. The Chairperson shall assure fulfillment of the following responsibilities in addition to those otherwise described herein:..... • 1. Preside over meetings of the Commission; 2. Appear or appoint a representative to appear, as necessary, - before City advisory commissions and the City Council to present the viewpoint of the _ Commission in matters relevant ' hts and to human rights needs ' g , as. it relates to business under consideration by said commissions or City Council; 3. Review all official minutes of -the City Council and other advisory commissions for the purpose of informing the Human Rights Commission of matters relevant to human rights and needs; 4. Provide liaison with other governmental and voluntary organizations on matters relevant to human rights and needs. Vice Chairperson A Vice Chairperson shall be appointed annually by the Chairperson from the members Of the Commission. The Vice Chairperson shall perform such duties as may be assigned by the Chairperson and shall assume the responsibilities of the chair in the absence of the Chairperson. D d 0 RESOLUTION NO. D Members' Term of Office Members of the Commission shall be appointed by the Mayor with majority consent of the Council. The terms of office shall be staggered three -year terms, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. Upon expiration of his term of office, a member shall continue to serve until his successor is appointed and shall have qualified. Terms of office for members of the Commission shall expire on December 31 of respective calendar years. In the event an appointed Commissioner suffers from an extended illness, disability, or other activity preventing proper fulfillment of duties, responsibilities, rules P , and regulations of the Commission, the Commissioner may be temporarily y p rarily replaced during the temporary leave by an interim Commissioner appointed by the Mayor with majority consent of the City Council. Qualification for Membership Members of the Commission shall be residents of the City of Brooklyn Center while serving on the Commission, shall have been a resident of said City for at least one year prior to their appointment, and shall represent a broad range of interest in the human rights and services function. Representation Requirements Due regard shall be given by the Mayor in appointing Commission members with geographical distribution within the City, and the representative nature of the Commission in terms of sex, religion, ethnic, racial, age, handicapped, employment and employer groups. Conflict of Interest No Commissioner shall take part in the consideration of any matter wherein he /she is the applicant, petitioner, or appellant, nor in the consideration of any application, petition, or appeal wherein his /her interest might reasonably be expected to affect his /her impartiality. Resicrnations- Removal from Office - vacancies Commissioners may resign voluntarily Y g rely or may be removed from office by the Mayor with consent by majority vote of the City Council. Three consecutive unexcused absences from duly called Commission meetings shall constitute automatic resignation from office. Vacancies in the Commission shall be filled by Mayoral appointment with majority consent of the City Council. D U D RESOLUTION NO. Compensation Commissioners shall serve without compensation. IX. Renumber Subdivision 6 to Subdivision :7. X. In new Subdivision 7, change to read: The Commission shall adopt such rules and- procedures not - inconsistent with these provisions as may be necessary for the proper execution and conduct of business. XI. Renumber Subdivision 7 to Subdivision 8. XII. In new Subdivision 8, change to read: The initial meeting of the Commission shall :be convened at the call of the Chairperson within thirty (30) days after appointment by the Council.. Thereafter, regular meetings. shall be held with date and_. time to be determined by the Chairperson. XIII. Renumber Subdivision 8 to Subdivision 9..__ XIV. In new Subdivision 9, change'to read: STAFF: The -City Manager shall assign one member of the administrative staff to serve as staff to the Commission. The staff member assigned shall perform such clerical and research duties on behalf of the Commission as may be assigned by the Chairperson or the City Manager. _. XV. Renumber Subdivision 9 to Subdivision 10. XVI. In new Subdivision 10, change to read: EX OFFICIO MEMBERS: The Mayor or his Councilperson- appointee shall serve as an ex officio member of the Commission, privileged to speak on any matter, but without a vote, and shall provide a liaison between the Commission and the City Council. D D D 0 RESOLUTION NO. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. a D U0 VD RESOLUTION NO. 68 -44 RESOLUTION NO. 69 -35 RESOLUTION NO. 71 -211 RESOLUTION NO. 74 -68 RESOLUTION NO. 87-_ RESOLUTION CREATING THE BROOKLYN CENTER HUMAN RIGHTS COMMISSION AND DEFINING ITS DUTIES AND RESPONSIBILITIES WHEREAS, the City of Brooklyn Center has experienced a period of extensive growth and development, and it is anticipated that such growth will continue for an indeterminate period; and WHEREAS, such growth and development necessitates intensified communication and protection of just and equitable rights among all residents of the community to promote harmonious relationships among people of all races, religion, ethnic groups, social- economic status, ages, gender, physical, mental and emotional disabilities and diverse life styles; and WHEREAS, the Legislature of the State of Minnesota has enacted Chapter 363, Minnesota State Act Against Discrimination which provides for. and permits the delegation of certain responsibilities under the Act to local human rights commissions; and WHEREAS, broad citizen participation in the affairs of the community is actively sought and promoted by the City Council on the premise that such participation promotes a better community. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the public policy of said City shall be to fulfill its responsibility in assuring for all citizens equal opportunity in housing, employment, public accommodations, public services and education, and to work consistent) to further rove improve P the human relations climate of the City of Brooklyn Center. BE IT FURTHER RESOLVED that there is hereby established within the City of Brooklyn Center a Human Rights Commission as follows: Subdivision 1. TITLE: This organization shall be known as the Brooklyn Center Human Rights Commission. Subdivision 2. SCOPE: The scope of activity of this Commission shall consist of advising the City Council and other Brooklyn Center advisory commissions regarding matters relevant to human rights, needs and services. Subdivision 3. PURPOSE: The purpose of the Commission is to promote understanding and equal opportunity in employment, housing, public accommodations, public services and education, and full participation in the affairs of this community by assisting the State Q Q Department of Human Rights in implementing the Minnesota State Act Against Discrimination and by advising the City Council on long range programs to further improve community relations in the City of Brooklyn Center. Subdivision 4. DUTIES AND RESPONSIBILITIES: In fulfillment of its purpose, the duties and responsibilities of the Commission shall be to: (1) Advise the City Council on human relations and civil rights issues and recommend the adoption of such specific policies or actions as are needed to provide for equal opportunity in the community. (2) Advise in the development of a Human Relations Program for the City of Brooklyn Center to give increased effectiveness and direction to the work of all individuals and agencies addressing themselves to planning, policy making and educational programs in the area of civil and human rights. (3) Enlist the cooperation of organizations, individuals and other advisory bodies in the community in an active program directed to promote understanding and equal opportunity and eliminate discrimination and inequities. (4) Advise in the development of a formal and informal educational program to assist in the implementation in the Minnesota State Act Against Discrimination and provide for the Commission's assumption of leadership in recognizing and resolving civil and human problem areas in the community. (5) Advise and assist in the determination of human service needs in the community. Subdivision 5. COMPOSITION: The Commission shall be composed of a Chairperson and eight (8) members, all of whom shall be appointed and serve as set forth in Subdivision 6. Subdivision 6. MEMBERS METHOD OF SELECTION -TERM OF OFFICE - REMOVAL: Chai erson: The Chairperson shall be appointed by the Mayor with majority consent of the City Council. The Chairperson may be removed by the Mayor with majority consent of the Council. The Chairperson shall assure fulfillment of the following responsibilities in addition to those otherwise described herein: D D D 1. Preside over meetings of the Commission; 2. Appear or appoint a representative to appear, as necessary, before City advisory commissions and the City Council to present the viewpoint of the Commission in matters relevant to human rights and needs, as it relates to business under by said commissions or City Council; 3. Review all official minutes of the City Council and other advisory commissions for the purpose of informing the Human Rights Commission of matters relevant to human rights and needs; 4. Provide liaison with - other governmental and voluntary organizations on matters relevant- to human rights and needs Vice Chairperson A Vice Chairperson shall be appointed annually by the Chairperson from. the members of the Commission. The Vice Chairperson shall perform such duties as may be assigned by the Chairperson and shall assume the responsibilities of the chair in the absence of the Chairperson. Members' Term of Office Members of the Commission shall be appointed by the Mayor with majority consent of the Council. The terms of office shall be staggered three- year terms, except that any person appointed to fill. a vacancy occurring prior to the expiration of the term for which his predecessor was :appointed shall be appointed only for the remainder of such term. Upon expiration of his term of office, a member shall continue to serve until his successor is appointed and. shall have qualified. Terms of office for of the Commission shall expire on December 31 of respective calendar . ears. Y In the event an appointed Commissioner suffers from an extended illness, disability, or other activity preventing proper fulfillment of duties, responsibilities, rules and regulations of the Commission, the Commissioner may be temporarily replaced during the temporary leave by an interim Commissioner appointed by the Mayor with majority consent of the City Council. Qualifications for Membership Members of the Commission shall be residents of the City of Brooklyn Center while serving n the Commission, fission shall have been e b n a resident of said City for at least one year prior to their appointment, and shall represent a broad range of interest in the human rights and services function. o0 0 1 Representation Requiremen s : Due regard shall be given by the Mayor in appointing Commission members with geographical distribution within the City, and the representative nature of the Commission in terms of sex, religion, ethnic, racial, age, handicapped, employment and employer groups. Conflict of Interest No Commissioner shall take part in the consideration of any matter wherein he /she is the applicant, petitioner, or appellant, nor in the consideration of any application, petition, or appeal wherein his /her interest might reasonably be expected to affect his /her impartiality. Resictnations- Removal from Office- Vacancies Commissioners may resign voluntarily or may be removed from office by the Mayor with consent by majority vote of the City Council. Three consecutive unexcused absences from duly called Commission meetings shall constitute automatic resignation from office. Vacancies in the Commission shall be filled by Mayoral appointment with majority consent of the City Council. Compensation Commissioners shall serve without compensation. Subdivision 7. RULES AND PROCEDURES: The Commission • shall adopt such rules and procedures not inconsistent with these provisions as may be necessary for the proper execution and conduct of business. Subdivision 8. MEETINGS: The initial meeting of the Commission shall be convened at the call of the Chairperson within thirty (30) days after appointment by the Council. Thereafter, regular meetings shall be held with date and time to be determined by the Commission. Special meetings may be called by the Chairperson. Subdivision 9. STAFF: The City Manager shall assign one member of the administrative staff to serve as staff to the Commission. The staff member assigned shall perform such clerical and research duties on behalf of the Commission as may be assigned by the chairperson or the City Manager. Subdivision 10. EX OFFICIO MEMBERS: The Mayor or his Councilperson- appointee shall serve as an ex officio member of the Commission, privileged to speak on any matter but without a vote, and shall provide a liaison between the Commission and the City Council. Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 68 -44 RESOLUTION CREATING A BROOKLYN CENTER HUMAN RIGHTS COMMISSION, AND DEFINING DUTIES AND RESPONSIBILITIES THEREFORE WHEREAS, the City of Brooklyn Center has experienced a period of extensive growth and development, and it is anticipated that such growth will continue for an indeterminate period; and WHEREAS, such growth and development necessitates intensified communication among neighbors of the community to promote harmonious relationships among people o le of all races religions g P P eligions and ethnic groups; and WHEREAS, the Legislature of the State of Minnesota has enacted Chapter 363, Minnesota State Act Against Discrimination which provides for and permits the delegation of certain responsibilities under the act to local human rights commissions; and WHEREAS, broad citizen participation in the affairs of the community is actively sought and promoted by the City Council on the premise that such participation promotes a better community: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the ublic policy P p y of said City shall be to fulfill its responsibility in assuring for all citizens equal opportunity in housing, employ- ment, public accommodations, public services and education, and to work consistently to further improve. the human relations climate of the City of Brooklyn Center. BE IT FURTHER RESOLVED that there is hereby established within the City of Brooklyn Center a Human Rights Commission as follows: Subdivision 1. TITLE: This organization shall be known as the Brooklyn Center Human Rights Commission. Subdivision Z. PURPOSE: The purpose of the Commission is to promote understanding and equal opportunity in employment, housing, public accommodations, public services and education and full participation in the affairs of this community by assisting the State Department of Human Rights in implementing the Minnesota State Act Against Discrimination and by advising the City Council on long range e s programs to further improve community relations in the City of Brooklyn Center. Subdivision 3. DUTIES AND RESPONSIBILITIES: In fulfillment of its purpose, the duties and responsibilities of the Commission shall be to: Resolution No. 68 -44 (1) Advise the City Council on human relations and civil rights issues and recommend the adoption of such specific policies or actions as are needed to provide for equal opportunity in the community. (2) Formulate a human relations program for the City of Brooklyn Center to give increased effectiveness and direction to the work of all individuals and agencies addressing themselves to planning, policy making and educational programming in the area of civil and human rights. (3) Enlist the cooperation of organizations and individuals in the community .in an active program directed to promote understanding and equal opportunity and eliminate discrimination and inequalities. (4) Draft a memorandum of agreement with the State Department of Human Rights, for approval by the City Council, for the purpose of determining regulatory and enforcement procedures. (5) Develop in cooperation with the State Department of Human Rights such programs of formal and informal education as will assist in the implementation of the Minnesota State Act Against Discrimination and provide for the Commission's assumption of leadership in recognizing and resolving civil and human rights problem areas in the community. Subdivision 4. COMPOSITION: The Commission shall be comprised of a Chairman and fourteen members, all of whom shall be appointed and serve as set forth in Subdivision 5. Subdivision 5. METHOD OF SELECTION - TERM OF OFFICE - REMOVAL: Chairman The Chairman shall be appointed by the Mayor with majority consent of the Council, and shall serve three year terms. The Chairman may be removed upon recommendation of the Mayor with approval by a majority vote of the Council. Members: Initial appointment of Members shall be made by members of the Council, who shall each appoint three, and by the Mayor, who shall appoint two, with due regard being given by the appointing official to fitness for the efficient dispatch of the functions, powers and duties vested in and imposed upon the Commission, their geographical distribution within the City, and the representative nature of the Commission in terms of sex, religious, ethnic, racial, employment and employer groups. Members of the Commission shall be appointed for terms of three (3) years, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. Upon the expiration of his term of office a member shall continue to serve until his successor is appointed and shall have qualified. The first Commission shall consist of five members appointed for a term of three years, five members for a term of two years, and five members for a term of one year. Members of ` Resolution No. 68 -44 the Commission shall serve without compensation and may resign voluntarily or be removed from office upon approval by a majority vote of the Council. Vacancies of the Commission shall be filled by the Mayor upon approval by a majority vote of the Council. Qualification for Membership: Members of the Commission shall be at least 18 years of age, shall be a resident of the City of Brooklyn Center while serving on the Commission, and shall have been a resident of said City for at least one year prior to their appointment. Subdivision 6. VICE- CHAIRMAN: The Chairman shall, within thirty days following the initial meeting of the Commission, appoint a Vice - Chairman who shall hold said position at the pleasure of the Chairman. The Vice - Chairman shall perform such duties as may be assigned by the Chairman, and shall assume the chair in the absence of the Chairman. Subdivision 7. RULES AND PROCEDURES: The Commission shall adopt such rules and procedures not inconsistent with these provisions as may be necessary for the proper execution and conduct of business, provided that in the absence of special rules, the provisions of Robert's Rules of Order shall apply. Subdivision 8. MEETINGS: The initial meeting of the Commission shall be convened at the call of the Chairman within thirty (30) days after appointment by the Council. Thereafter, regular meetings shall be held with date and time to be determined by the Commission. Special meetings may be called by the Chairman. Subdivision 9. SECRETARY: The City Manager shall assign one member of the administrative staff to serve as Secretary to the Commission. The Secretary shall perform such clerical duties on behalf of the Board as may be assigned by the Chairman. Subdivision 10. OFFICIO MEMBERS: The Mayor or his Councilman- appointee shall serve as an ex- officio member of the Commission, privileged to speak on any question but without a vote, and shall provide liaison between the Commission and the Council. `��...� February 19, 1968 � Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Howard Heck , and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, john Leary, Earl Rydberg, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 69 -35 RESOLUTION ADJUSTING HUMAN RIGHTS COMMISSION TERMS OF OFFICE WHEREAS, the Brooklyn Center City Council enacted Resolution No. 68 -44 on February 19, 1968 for the purpose of establishing a community Human Rights Commission; and. WHEREAS, said resolution, among other things, provides for a method of selecting memberstn the commission and defines the term of office of the members, and WHEREAS, the terms of office of the members expire in the month of March each year; and WHEREAS, the City Manager has recommended that the terms of office be adjusted to expire on December 31 of each calendar year NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota to declare that the terms of office of the members of the Brooklyn Center Human Rights Commission shall expire on December 31 of respective calendar years, otherwise subject to.the provisions of Subdivision 5 of Resolution No. 68 -44. January 13, 1969 Date 4—M ayor- ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member John Leary and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard; and the following voted against'the same: none, -- whereupon said resolution was declared duly passed and adopted. 0 Y Member john Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -211 RESOLUTION AMENDING COUNCIL RESOLUTION NO. 68 -44 WHEREAS, Council Resolution No. 68 -44 establishes the Brooklyn Center Human Rights Commission comprised of a chairman and fourteen members appointed by the Mayor and the Council; and WHEREAS, the Commission's current active membership is comprised of eleven appointees; and _ WHEREAS, REA it is the unanimous opinion of the Commission that an advisory comprised of a chairman and ten members can be more viable and effective in examining issues and in advising the Council: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Council Resolution No. 68 -44 be amended to read a s follows: Subdivision 4. COMPOSITION: The Commission shall be comprised of a Chairman and ten members, all of whom shall be appointed and serve as set forth in Subdivision 5. November 1, 1971 Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Theodore Willard, and upon vote being taken thereon, the following voted in favor thereof: john Leary_, Vernon} Ausen., I-To rd HecRd, and the following voted against the same: none, Theodore i ard; whereupon said resolution was declared duly passed and adopted. Member Maurice Britts introduced the following resolution and moved its adoption: RESOLUTION NO. 74 -68 RESOLUTION AMENDING RESOLUTION NO. 68 -44 WHICH CREATED THE BROOKLYN CENTER HUMAN RIGHTS COMMISSION,- -AND - DEFINES ITS DUTIES AND RESPONSIBILITIES AND ALSO AMENDING RESOLUTION NO. 71 -211 WHICH ESTABLISHED THE COMMISSION'S COMPOSITION WHEREAS, the Brooklyn Center City Council approved Resolution No. 68 -44 creating a Brooklyn Center Human Rights Commission and defining its duties and responsibilities on February 19, 1968; and WHEREAS, Resolution No. 71 -211 amended Resolution No. 68 -44 by establishing the Commission's composition on March 1, 1971; and WHEREAS, the Human Rights Commission has reviewed the resolu- tions; and WHEREAS, the Commission in a report_ to the City Council has recommended certain changes in the resolutions which will update the resolutions in terms of the Commission's duties, composition, method of selection, term of office and removal: NOW, THEREFORE, BE IT RESOLVED by the Brooklyn Center City Council that Resolution No. 68 -44 and Resolution No. 71 -211 be amended as follows: I. Change the second WHEREAS to read: WHEREAS, such growth and development necessitates intensified communication and protection of just and equitable rights among all residents of the community to promote harmonious relationships among people of all races, religion, ethnic groups, social - economic status, ages, gender, physical, mental and emotional disabilities and deverse life styles. II. Change Subdivision 3, (2) to read: Advise in the development of a Human Relations Pro - gram for the City of Brooklyn Center to give increased effectiveness and direction to the work of all indivi- duals and agencies addressing themselves to planning, policy making and educational programs in the area of civil and human rights. Resolution No. 74 -68 III. Change Subdivision 3, (3) to read: Enlist the cooperation of organizations, individuals and other advisory bodies in the community in an active program directed to promote understanding and equal opportunity and eliminate discrimination and inequities. IV. Eliminate Subdivision 3, (4). V. Change Subdivision 3, (5) to read: (4). Advise in the development of a formal and informal educational program to assist in the implementation in the Minnesota State Act Against Discrimination and provide for the Commission's assumption of leadership in recognizing and resolving civil and human problem areas in the community. VI. Change Subdivision 4, COMPOSITION to read: The Commission shall be comprised of a chairman or chairwoman and eight (8) members, all of whom shall be appointed and serve as set forth in Subdivision 5. VII. Change Subdivision 5, METHOD OF SELECTION - TERM OF OFFICE - REMOVAL to read: Chairman or Chairwoman The Chairman or Chairwoman shall be appointed by the Mayor with the majority consent of the City Council. The Chairman or Chair- woman may be removed by the Mayor with majority con- sent of the Council. The Chairman or Chairwoman shall assure fulfillment of the following respon- sibilities in addition to those otherwise described herein: 1. Preside over all meetings of the Commission. 2. Appear or appoint a representative to appear before the City Council and city advisory commissions to present the viewpoint of the Commission in matters relevant to human rights. 3. Review all official minutes of the City Council and other advisory commissions for the purpose of informing the Human Rights Commission of matters relevant to human rights. Resolution No. 4 - 68 4. Provide liaison with other governmental and voluntary organizations on matters relevant to human rights. Members Members of the Commission shall serve for terms of three (3 ) years, except that any person appointed to fill a vacancy occurring prior to the expiration of the term of which his predecessor was appointed, shall be appointed only for the remainder of such.term. Upon the expiration of his term of office, a member shall continue to serve until his successor is appointed and shall have qualified. Terms of office for members of the Commission shall expire on December 31 of respective calendar years. _Due regard shall be given by the Mayor in appointing members to fitness for the efficient dispatch of the functions, powers and duties vested in and imposed upon the Commission, with geographical distribution within the City, and the representative nature of the Commission in terms of sex, religion, ethnic, racial, age, employment and - employer groups. Compensation Commissioners shall serve without compensation. Vice- Chairman or Vice- Chairwoman The Chairman or Chairwoman shall, within thirty days following the initial meeting of the Commission, appoint a Vice- Chairman or Vice - Chairwoman who shall hold said position at the pleasure of the Chairman or Chair- woman. The Vice - Chairman or Vice - Chairwoman shall perform such duties as may be assigned by the Chairman or Chairwoman, shall assume the chair in the absence of the Chairman or Chairwoman. Qualification for Membership Members of the Commission shall be residents of Brooklyn Center, while serving on the Commission and shall have been a resident of said City for at least one year prior to their appointment. Resignations - Removal from Office - Vacancies Commissioners may resign voluntarily or be re- moved from office by the Mayor with the consent by majority vote by the City Council. Three consecutive unexcused absences from duly called Resolution No. 74 -68 Commission meetings shall constitute automatic resignation from office. Vacancies in the Com- mission shall be filled by mayorial appointment with majority consent of the City Council. VIII. Eliminate Subdivision 6. April 22, 1974 Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar , and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Bill Fignar, Tony Kuefler and Robert Jensen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. BY-LAWS of the BROOKLYN CENTER HUMAN RIGHTS COMMISSION Ado _ pted March 6, 1972 Pursuant to Resolution No. 68 -44, adopted by the City Council of the City of Brooklyn Center on February 19, 1968, as amended by Council Resolution No. 71 -211 adopted November 1, 1971, relating to and providing for the establish - ment, appointment, organization and responsibilities of the Brooklyn Center Human Rights Commission, the said Commission does hereby adopt the following by -laws and rules for the conduct of its affairs. Article I Officers _ Section 1. Personnel The officers shall consist of a Chairman and Vice - Chairman. Section 2. Duties The Chairman shall preside at all meetings and shall appoint committees and committee chairmen. The Vice - Chairman shall perform such duties as may be assigned by the Chairman, and shall assume the Chair in the absence of the Chairman. Article II. Meetings The Commission shall hold regular public meetings. Special meetings may be called at any time by the Chairman upon sufficient notification to all Commission members. Article III. Quorum A quorum shall consist of a majority of the members of the Commission. Article IV. Attendance Absence on the part of a Commission member from three consecutive regular meetings shall constitute grounds for the Commission Chairman to recommend to the Mayor the ra of said member. Article V. Minutes . Minutes of each regular meeting shall be provided to each Commission member in writing prior to the commencement of the succeeding regular meeting. -1- Article VI. Committees Section 1. Structure The Commission may create standing and ad hoc committees to investigate those areas where prob- lems relative to human rights are recognized. The Chairman and Vice - Chairman of the Commission shall serve as ex- officio members of the committees. Section 2. _Membership Each committee shall consist of at least two Commissioners and one citizen -at -large appointed by the Commission Chairman. Section 3. Duties of Committee Chairmen a. Each Chairman shall appoint a secretary from the Committee membership. The secretary shall record and maintain minutes of Committee meetings. These minutes shall be submitted to the Commission Chairman. b. Each Chairman shall schedule regular Committee meetings. Article VII. General Provisions as No member of the Human Rights Commission or its Committees shall be authorized to speak on behalf of the Commission publicly, unless the Commission has first considered and approved such statements. b. The Chairman may appoint a member of the Commission to act as Public Information Coordinator. All press releases must be approved by the Commission Chairman or by the Public Information Coordinator. Article VIII. Parliamentary Authority Robert's Rules of Order shall be the governing authority for all meetings of the Commission and for its Committees. Article ]X. Amendments These by -laws may be amended by a two- thirds vote of the Commission provided that ten days advance notice in writing has been given all Commission members. i -2- D D D Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING RESOLUTION NO. 73 -25 WHICH CONTINUED THE BROOKLYN CENTER PARK AND - RECREATION COMMISSION AND REDEFINED ITS DUTIES AND RESPONSIBILITIES, AND AMENDING RESOLUTION NO. 77 -52 WHICH REDEFINED THE APPOINTMENTS OF PARK SERVICE AREA COMMITTEE MEMBERS WHEREAS, the Brooklyn Center City Council approved Resolution No. 73 -25 continuing a Brooklyn Center Park and Recreation Commission and redefining fining duties and responsibilities therefor; and WHEREAS, Resolution No. 77 -52 amended Resolution No. 73 -25 by redefining the appointments of Park Service Area Committee members; and WHEREAS, in an effort to review the City Council advisory commissions'- enabling resolutions, as recommended in the Year 2000 Report, certain amendments to the Brooklyn Center Park and Recreation Commission's resolutions are desired. NOW THEREFORE, BE IT RESOLVED by the Brooklyn Center City Council that Resolution No. 73 -25 and Resolution No. 77 -52 be amended as follows: I. Change Subdivision 2 to read: The scope of activity of this Commission shall consist of advising the City Council and other Brooklyn Center advisory commissions regarding matters relevant to the conservation, park and recreation functions. II. Change Subdivision 3 to read: The general purpose of this Commission is to monitor and reflect the attitudes and concerns of the citizens of Brooklyn Center relative to the conservation of environmental resources in the City of Brooklyn Center and to the park system and recreation programs, and to advise the City Council of citizen attitudes and policy matters relevant to the conservation, park and recreation functions in Brooklyn Center. ,III. Eliminate Subdivision 4, (10). IV. Renumber Subdivision 4, (11) to Subdivision 4, (10). LO A RESOLUTION NO. 0 V. Change Subdivision 4 to read: DUTIES AND RESPONSIBILITIES: In fulfillment of its purpose, the duties and responsibilities of the Commission shall be to: (1) Develop, recommend, and, upon adoption by the City Council, monitor the execution of a comprehensive plan for the park, recreation, and conservation function in the City of Brooklyn Center. (2) Annually report to the City Council regarding achievements toward fulfillment of such comprehensive plan and recommend amendments to the plan as may be warranted. (3) Frequently visit the City parks, and Recreation Center and wildlife areas, and keep informed of current recreation programs in order to continually review and evaluate park system development, recreation programming, and cultural activities. • (4) Develop and recommend methods to stimulate positive public interest in the park and recreation functions. (5) Develop and recommend feasible methods of discouraging vandalism and destruction of park facilities. (6) Serve as a forum for the citizens of Brooklyn Center to voice their opinions regarding the conservation, park and recreation functions. (7) Promote coordination with the school districts serving Brooklyn Center, encouraging the interchangeable use of city and school district facilities and programs to the best interests of citizens. (8) Encourage dissemination of information to, and coordination with, Brooklyn Center organizations interested in the conservation, park and recreation function such as garden clubs, athletic groups, youth groups, civic organizations, and the like. (9) Encourage coordination with other communities and agencies to the extent appropriate in matters pertinent to the park and recreation function and . the conservation of environmental resources. Q p RESOLUTION NO. (10) Monitor and reflect attitudes and concerns of citizens relative to the park system and recreation programs and conservation matters through informal contacts and structured semi- annual meetings with Park Service Area Committees. VI. Change Subdivision 5 to read: The Commission shall be composed of a chairperson and six members, all of whom shall be appointed and serve as set forth in Subdivision 6. VII. Change Subdivision 6 to read: Chairperson The Chairperson shall be appointed annually by the Mayor with majority consent of the City Council. The Chairperson may be removed by the Mayor with majority consent of the Council. The Chairperson shall assure fulfillment of the following responsibilities in addition to those - otherwise described herein: 1. Preside over meetings of the Commission; 2. Appear or appoint a representative to appear, as necessary, before City advisory commissions and the City Council to present the viewpoint of the Commission in matters pertaining to the park and recreation function as it relates to business under consideration by said commissions or City Council. 3. Review all official minutes of the City Council and other advisory commissions for the purpose of informing the Park and Recreation Commission of matters relevant to the park and recreation function; 4. Provide liaison with other governmental and volunteer units on matters relating to the park and recreation function. vice Chairperson A Vice Chairperson shall be appointed annually by the Chairperson from the members of the Commission. The Vice Chairperson shall perform such duties as may be assigned by the Chairperson and shall assume the responsibilities of the chair in the absence of the Chairperson. Members' Term of Office Members of the Commission shall be appointed by the Mayor with majority consent of the Council. The terms of office shall be staggered three -year terms, except that any person appointed to RESOLUTION NO. MPM fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. Upon expiration of his term of office, a member shall continue to serve until his successor is appointed and shall have qualified. Terms of office for members of the Commission -shall expire on December 31 of respective calendar years. In the event an appointed Commissioner suffers from an extended illness, disability, or other activity preventing proper fulfillment of duties, responsibilities, rules and regulations of the Commission, the Commissioner may be temporarily replaced during the temporary leave by an interim Commissioner appointed by the Mayor with majority consent of the City Council. Qualifications for Membership Members of the Commission shall be. residents of the City of Brooklyn Center while serving on the Commission, shall have been a resident of said City for at least one year prior to their appointment, and shall represent a broad range of interest in the conservation, park and recreation functions. Representation Requirements Commission members shall reside in Park Service Areas described in Subdivision 11 as follows: one member from each Park Service Area and two members -at- large, provided there shall be no more than two commissioners residing in the same Park Service Area. Conflict of Interest No Commissioner shall take part in the consideration of any matter wherein he /she is the applicant, petitioner, or appellant, nor in the consideration of any application, petition, or appeal wherein his /her interest might reasonably be expected to affect his /her impartiality. Initial Appointment The Commission under this resolution shall become effective March 12, 1973, and shall consist of three members appointed for a term through 1975, two members appointed for a term through 1974, and two members appointed for a term through 1973. Resignations- Removal from Office - Vacancies Commissioners may resign voluntarily or may be removed from office by the Mayor with consent by majority vote of the City Council. Three consecutive unexcused absences from duly called Commission meetings shall D D p RESOLUTION NO. 0.. U M constitute automatic resignation from office. Vacancies in the Commission shall be filled by Mayoral appointment with majority consent of the City Council. Compensation Commissioners shall serve without compensation. VIII. Change Subdivision 8 to read: The initial meeting of the Commission shall be convened at the .call of the Chairperson during April 1973. Thereafter, regular meetings shall be held with date and time to be determined by the Commission. Special meetings may be called by the Chairperson. IX. Change Subdivision 9 to read: The City Manager shall assign one member of the administrative staff to serve as staff to the Commission. The staff member assigned shall perform such clerical and research duties on behalf of the Commission as may be assigned by the Chairperson or City.Manager. X. Change Subdivision 10 to read: The Mayor or his Councilperson- appointee shall serve as an ex officio member of the Commission, privileged -to speak on. any matter but without a -vote, -and shall provide a liaison between the Commission and City Council. XI. Amend Subdivision 11 to read: Park Service Area Committee Chairperson The Chairperson of each Park Service Area Committee shall be the Park and Recreation Commissioner appointed from the respective Park Service.Area. Park Service Area Committee Meetings Park Service Area Committees shall meet twice each year in April and October if needed. A report of the activities of each such meeting shall be presented by each Commissioner- Chairperson at the next subsequent Park and Recreation Commission meeting after April and October. XII. Eliminate Subdivision 12. r D D 0 [Vj RESOLUTION NO. Date Mayor ATTEST: 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. D o MP RESOLUTION NO. 73- RESOLUTION NO. 77 -52 RESOLUTION NO. 87 -_ RESOLUTION CONTINUING A BROOKLYN CENTER PARK AND RECREATION COMMISSION AND REDEFINING DUTIES AND ___ .. RESPONSIBILITIES THEREFOR WHEREAS, the City of Brooklyn Center is promoting the development of a quality park system and recreation program consistent the financial capability of the community; and WHEREAS, provisions for an advisory Park and Recreation Commission were established in Chapter 13 of the municipal ordinances in 1966 prior to adoption of a City Charter; and WHEREAS, the City Charter provides for the establishment Of commissions to advise the City Council with respect to policy formulation for municipal functions and activities; and WHEREAS, as a consequence of certain Charter provisions and the increasing complexity of the park and recreation function it is desirable to restructure the Park and Recreation Commission and its mission; and WHEREAS, it is acknowledged that the significance of the park and recreation function is such that it must be effectively and currently responsive to the citizenry; and WHEREAS, in pursuit of such goals the City Council recognizes the need to redefine and clarify the duties and responsibilities to be assigned a Park and Recreation Commission: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that there is hereby re- established within the City of Brooklyn Center an advisory Park and Recreation Commission as follows: Subdivision 1. TITLE: This organization shall be known as the Brooklyn Center Park and Recreation Commission. Subdivision 2. SCOPE: The scope of activity of this Commission shall consist of advising the City Council and other Brooklyn Center advisory commissions regarding matters relevant to the conservation, park and recreation functions. Subdivision 3. PURPOSE: The general purpose of this Commission is to monitor and reflect the attitudes and concerns of the citizens of Brooklyn Center relative to the conservation of environmental resources in the City of Brooklyn Center and to the park system and recreation Programs, and to advise the City Council of citizen attitudes and policy matters relevant to the conservation, park and recreations function in Brooklyn Center. w D D V S Subdivision 4. DUT S P C B TI Mn fulfillment of its purpose, the duties and responsibilities of the Commission shall be to: (1) Develop, recommend, and, upon adoption by the City Council, monitor the execution of a comprehensive plan for the park, recreation, and conservation function in the City of Brooklyn Center. (2) Annually report to the City Council regarding achievements toward fulfillment of such comprehensive plan and recommend amendments to the plan as may be warranted. (3) Frequently visit the City parks and Recreation Center and wildlife areas, and keep informed of current recreation programs in order to continually review and evaluate park system development and recreation programming, and cultural activities. (4) Develop and recommend methods to stimulate positive public interest in the conservation, park and recreation functions. (5) Develop and recommend feasible methods of discouraging vandalism and destruction of park facilities. (6) Serve as a forum for the citizens of Brooklyn Center to voice their opinions regarding the conservation, park and recreation functions. (7) Promote coordination with the school districts serving Brooklyn Center, encouraging the interchangeable use of city and school district facilities and programs to the best interests of citizens. (8) Encourage dissemination of information to, and coordination with, Brooklyn Center organizations interested in the conservation, park and, recreation function such as garden clubs, athletic groups, youth groups, civic organizations, and the like. (9) Encourage coordination with other communities and agencies to the extent appropriate in matters pertinent to the park and recreation function and the conservation of environmental resources. D D (10) Monitor and reflect attitudes and concerns of citizens relative to the park system and recreation programs and conservation matters through informal contacts and structured semi- annual meetings with Park Service Area Committees. Subdivision 5. COMPOSITION: The Commission shall be composed of a chairperson and six members, all of whom shall be appointed and serve as set forth in Subdivision 6. Subdivision n 6. MEMBERS METHOD OF SELECTION - TERM - OF OFFICE- REMOVAL: Chairperson The Chairperson shall be appointed annually by the Mayor with majority consent of the City Council. The Chairperson may be removed by the Mayor with majority consent of the Council. The .Chairperson shall assure . fulfillment of the following responsibilities in addition to those otherwise described herein: (1) Preside over meetings of the Commission; (2) Appear or appoint a representative to appear, as necessary, before City advisory commissions and the City Council to present the viewpoint of the Commission in matters pertaining to the park and recreation function as it relates to business under consideration by said commissions or City Council; (3) Review all official minutes of the City Council and other advisory commissions for the purpose of informing the-Park and Recreation Commission of matters relevant to the park and recreation function; (4) Provide liaison with other governmental and volunteer units on matters relating to the park and recreation function. Vice Chairperson A Vice Chairperson shall be appointed annually by the Chairperson from the members of the Commission. The Vice Chairperson shall perform such duties as may be assigned by the Chairperson and shall assume the responsibilities of the chair in the absence of the Chairperson. Members' Term of Office Members of the Commission shall be appointed by the Mayor with majority consent of the Council. The terms of office shall be staggered three- hree- year terms, except that an person appointed to fill Y P PP 1 a vacancy occurring prior to the expiration of the term for P S Phal which his predecessor R -1 d a Pointe only for the remainder of such term. Upon expiration of his term of office, a member shall continue to serve until his successor is appointed and shall have qualified. Terms of office for members of the Commission shall expire on December 31 of respective calendar years. In the event an appointed Commissioner suffers from an extended illness, disability, or other activity preventing proper - fulfillment of duties, responsibilities, rules and regulations of the Commission, the Commissioner may be temporarily replaced during the temporary leave by an interim Commissioner appointed by the Mayor with majority consent of the City Council. Qualifications for Membership Members of the Commission shall be residents of the City of Brooklyn Center while serving on the Commission, shall have been a resident of said City for at least one year prior to their appointment, and shall represent a broad range of interest in the conservation, park and recreation functions. Representation Requirements Commission members shall reside in Park Service Areas described in Subdivision 11 as follows: one member from each Park Service Area and two members -at- large, provided there shall be no more - than two commissioners residing in the same Park Service Area. Conflict of Interest No Commissioner shall take part in the consideration of any matter wherein he /she is the applicant, petitioner, or appellant, nor in the consideration of any application, petition, or appeal wherein his /her interest might reasonably be expected to affect his /her impartiality. Initial Appointment The Commission under this resolution shall become effective March 12, 1973, and shall consist of three members appointed for a term through 1975, two members appointed for a term through 1974, and two members appointed for a term through 1973. Resignations- Removal from Office - Vacancies Commissioners may resign voluntarily or may be removed from office b the Mayor y y with consent by majority vote of the City Council. Three consecutive unexcused absences from duly called Commission meetings shall constitute automatic resignation from office. Vacancies in the Commission shall be filled by Mayoral appointment with majority consent of the City Council. Compensation D D 0 Commissioners s a ery w 2E compensation. Subdivision 7. RULES AND PROCEDURES: The Commission shall adopt such rules and procedures not inconsistent with these provisions as may be necessary for the proper execution and conduct of business. Subdivision 8. MEETINGS: The initial meeting -of - the Commission shall be convened at the call of the Chairperson during April 1973. Thereafter, regular meetings shall be held with date and time to be determined by the Commission. Special meetings: may.:: be called by the Chairperson. Subdivision 9. STAFF. The City Manager shall assign one member of the administrative staff to serve as staff -to the Commission. The staff member assigned shall perform such clerical and research duties on behalf of the Commission as may be assigned by the Chairperson or.the City Manager. Subdivision 10. EX. OFFICIO MEMBERS: The Mayor or his Councilperson- appointee shall serve as an ex officio member of the Commission, privileged to speak on any matter but without a vote, and shall provide a liaison between the Commission and the City Council. Subdivision 11. PARR SERVICE AREA: Park Service Areas Described Park Service Area 1 - bounded on the east by the Mississippi River, on the south by 53rd Avenue, on the west by Shingle Creek Parkway to County Road 10 and thence by Shingle Creek, on the north.by FAI -94. Park Service Area 2 - bounded on the east by the ' Mississippi River, on the south by FAI -94, on the west by Shingle Creek Parkway and the west line of Section 26, on the north by the north city limits. Park Service Area 3 - bounded on the east by the west line. of Section 26 and Shingle Creek Parkway, on the south by FAI -94, on the west by the west city limits, on the north by the north city limits. Park Service Area 4 - bounded on the east by Shingle Creek Parkway, on the south by County Road 10, on the west by the west city limits, on the north by FAI -94. Park Service Area 5 - bounded on the east by Shingle Creek, on the south by the south city limits, on the west by the west city limits, on the north by County Road 10. 1 Park Service Area Committees Established: Each Park Service Area shall be represented by a committee of five citizens residing within a respective service area, the members to be appointed by the Mayor with the advice and majority consent of the City Council to serve an indefinite term. Committee members may resign voluntarily or may be removed from their respective committee by the Mayor. Three consecutive unexcused absences from duly called Committee meetings shall constitute an automatic resignation. Park Service Area Committee Chairperson The Chairperson of each Park Service Area Committee shall be the Park and Recreation Commissioner appointed from the respective Park Service Area. Park Service Area Function It shall be the function of Park Service Area Committees to represent and reflect the neighborhood attitudes and opinions regarding the park and recreation function in general and specifically regarding the park and recreation function as it directly impacts within the respective Park Service Area. Park Service Area Committee Meetings Park Service Area Committees shall meet twice each year in April and October if needed. A report of the activities of each such meetings shall be presented by each Commissioner- Chairperson at the next subsequent Park and Recreation • Commission meeting after April and October. i Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION NO. 73 -25 RESOLUTION CONTINUING A BROOKLYN CENTER PARK AND RECREATION COMMISSION AND REDEFINING DUTIES AND RESPONSIBILITIES THEREFOR WHEREAS, the City of Brooklyn Center is promoting the development of a quality park system and recreation program consistent with the financial capability of the community; and WHEREAS, provisions for an advisory Park and Recreation Commission were established in Chapter 13 of the municipal ordinances in 1966 prior to adoption of a City Charter; and WHEREAS,, the City Charter provides for the establishment of commissions to advise the City Council with respect to policy formulation for municipal functions and activities; and WHEREAS, as a consequence of certain Charter provisions and the increasing complexity of the park and recreation function it is desirable to restructure the Park and Recreation Commission and its mission; and WHEREAS, it is acknowledged that the significance of the park and recreation function is such that it must be effectively and currently responsive to the citizenry; and WHEREAS, in pursuit of such goals the City Council recognizes the need to redefine and clarify the duties and responsibilities to be assigned a Park and Recreation Commission: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that there is hereby re- established within the City of Brooklyn Center an advisory Park and Recreation Commission as follows: Subdivision 1. TITLE: This organization shall be known as the Brooklyn Center Park and Recreation Commission. Subdivision 2. SCOPE: The scope of activity of this Commission shall consist of advising the City Council and other Brooklyn Center advisory commissions regarding matters relevant to the park and recreation function. Subdivision 3. PURPOSE: The general purpose of this Commission is to monitor and reflect the attitudes and concerns of the citizens of Brooklyn Center relative to the park system and recreation programs, and to advise the City Council of citizen attitudes and policy matters relevant to the park and recreation function in Brooklyn Cent er. Resolution No. 73 -25 Subdivision 4. DUTIES AND RESPONSIBILITIES: In fulfillment of its purpose, the duties and responsibilities of the Commission shall be to: (1) Develop, recommend, and, upon adoption by the City Council, monitor the execution of a comprehensive plan for the park and recreation function in the City of Brooklyn Center. (2) Annually report to the City Council regarding achievements toward fulfillment of such comprehensive plan and recommend amendments to the plan as maybe warranted. (3) Frequently visit the City parks and Recreation Center and keep informed of current recreation programs in order to continually review and evaluate park system development and recreation programming. (4) Develop and recommend methods to stimulate positive public interest in the park and recreation function. (5) Develop and recommend feasible methods of discouraging vandalism and destruction of park facilities. (6) Serve as a forum for the citizens of Brooklyn Center to voice their opinions regarding the park and recreation function. (7) Promote coordination with the school districts serving Brooklyn Center, encouraging the interchangeable use of city and school district facilities and programs to the best interests of citizens. (8) Encourage dissemination of information to, and coordination with, Brooklyn Center organizations interested in the park and recreation function such as garden clubs, athletic groups, youth groups, civic organizations, and the like. (9) Encourage coordination with other communities and agencies to the extent appropriate in matters pertinent to the park and recreation function. .(10) Coordinatewith the Brooklyn Center Conservation Commission regarding the conservation and naturalist aspects of parks. (11) Monitor and reflect attitudes and concerns of citizens relative to the park system and recreation programs through informal contacts and structured semi - annual meetings with park service area committees. Subdivision 5. COMPOSITION: The Commission shall be composed of a chairman and six members, all of whom shall be appointed and serve as set forth in Subdivision 6. Resolution No. 73 -25 Subdivision 6. MEMBERS METHOD OF SELECTION - TERM OF OFFICE - REMOVAL: Chairman The Chairman shall be appointed annually by the Mayor with majority consent of the Council. The Chairman may be removed by the Mayor with majority consent of the Council. The Chairman shall assure fulfillment of the following responsibilities in addition to those otherwise described herein:. (1) Preside over meetings of the Commission; (2) Appear or appoint a representative to appear, as necessary, before City advisory commissions and the City Council to present the viewpoint of the Commission on matter pertaining to the park and recreation function as it relates to business under consideration by said commissions or City Council; (3) Review all City Council, Planning Commission and other advisory commission minutes and inform the Park and Recreation Commission of matters therein relevant to the park and recreation function; (4) Provide liaison with other governmental and volunteer units in matters relating to the park and recreation function for the purpose of obtaining and providing timely information. Vice Chairman A Vice Chairman shall be appointed annually by the Chairman. The Vice Chairman shall perform such duties as may be assigned by the Chairman and shall assume the responsibilities of the chair in the absence of the Chairman. Members' Termof Office Members of the Commission shall be appointed by the Mayor with majority consent of the Council for terms of three years, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. Upon expiration of his term of office, a member shall continue to serve until his successor is appointed and shall have qualified. Representation Requirements Commission members shall reside in Park Service Areas described in Subdivision 11 as follows: one member from each Park Service Area and two members -at- large, provided there shall be no more than two commissioners residing in the same Park Service Area. Y Resolution No. 73 -25 Qualifications for Membership Members of the Commission shall be residents of the City of Brooklyn Center while serving on the Commission and shall represent a broad range of interest in the park and recreation function. Initial Appointment The Commission under this resolution shall become effective March 12, 1973, and shall consist of three members appointed for a term through 1975, two members appointed for a term through 1974, and two members appointed for a term through 1973. Resignations - Removal from Office - Vacancies: Commissioners may resign voluntarily or may be removed from office by the Mayor with consent by majority vote of the City Council. Three consecutive unexcused absences from duly called Commission meetings shall constitute automatic resignation from office. Vacancies in the Commission shall be filled by mayoral appointment with majority consent of the City Council. Compensation Commission ers shall serve without compensation. Subdivision 7. RULES AND PROCEDURES: The Commission shall adopt such rules and procedures not inconsistent with these provisions as may be necessary for the proper rY p p execution and conduct of business. Subdivision 8. MEETINGS: The initial meeting f the e Commission shall be convened at the call of the Chairman during April 1973. Thereafter regular meetings shall be held with date and time to be determined by the Commission. Special meetings may be called by the Chairman. Subdivision 9. STAFF: The City Manager shall assign one member of the administrative staff to serve as staff to the Commission. The staff member assigned shall perform such ministerial duties on behalf of the Commission as may be assigned by the Chairman. Subdivision 10. EX OFFICIO MEMBERS: The Mayor or his Councilman- . appointee shall serve as an ex officio member of the Commission rivile ed p g to speak on any matter but without a vote, and shall provide a liaison between the Commission and the City Council. Subdivision 11. PARK SERVICE AREAS: Park Service Areas Described: Park Service Area 1 - bounded on the east by the Mississippi River, on the south by 53rd Avenue, on the west by Shingle Creek Parkway to Count Road 10 and thence b Shingle le Cre Y g Creek, on the north by FAI -94. Park Service Area 2 - bounded on the east by the Mississippi River, on the south by FAI -94 , on the west by Shingle Creek Parkway and the west line of Section 26, on the north by the north city limits. • Resolution No. 73 -25 Park Service Area 3 - bounded on the east by the west line of section 26 and Shingle Creek Parkway, on the south by FAI -94, on the west by the west city limits, on the north by the north city limits. - Park Service Area 4 - bounded on the east by Shingle Creek Parkway, on the south by County Road 10, on the west by the west city limits, on the north by FAI -94. Park Service Area 5 - bounded on the east by Shingle Creek, on the south - by the south city limits, on the west by the west city limits, on the north by County Road 10. Park Service Area Committees Established Each Park Service Area shall be represented by a committee of five citizens appointed annually by the Mayor, with the advice and majority consent of the Council, from within a respective service area. Park Service Area Committee Chairman: The chairman of each Park Service Area Committee shall be the Park and Recreation Commissioner appointed from the respective Park Service Area. Park Service Area Function It shall be the function of Park Service Area Committees to represent and reflect the neighborhood attitudes and opinions regarding the park and recreation function in general and specifically regarding the park and recreation function as it directly impacts within the respective Park Service Area. Park Service Area Committee Meetings- Park Service Area Committees shall meet at least twice each year in April and October. A report of the activities of each such meetings shall' be presented by each Commissioner- Chairman at the next subsequent Park and Recreation Commission meeting I after April and October. Subdivision 12. EFFECTIVE DATE: This resolution shall become effective upon the effective date of the repeal of Sections 13 -101, 13 -102, and 13 -103 of the City Ordinances. February 5, 1973 Date Mayor AT t l erk The motion for the adoption of the foregoing resolution was duly seconded by member John Leary, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Maurice Britts, Tony Kuefler, and Bill Fignar; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. t Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION NO. 77 -52 RESOLUTION AMENDING RESOLUTION NO. 73 -25 WHICH CONTINUED A BROOKLYN CENTER PARK AND RECREATION COMMISSION AND REDEFINED THE DUTIES AND RESPON- SIBILITIES THEREFOR WHEREAS, the Brooklyn Center City Council adopted Resolution No. 73 -25 continuing a Brooklyn Center Park and Recreation Commission and redefinin g its duties and responsibilities on February 5, 1973; and WHEREAS, Subdivision 11 of that resolution, relating to Park Service Areas, calls for the annual appointment of Park Service Area Committee members by the Mayor with the advice and majority consent of the Council; and WHEREAS, the City Council deems it unnecessary that Park Service Area Committee appointments be on an annual basis. :II OW THEREFORE, BE IT RESOLVED by the .City Council of the City of Brooklyn Center to amend Resolution No. 73 -25 such that the Park Service Area Committee representation provisions, Subdivision 11 , provides as follows: _ Park Service Area Committees Established: Each Park Service Area shall be represented by a committee of five citizens residing within a respective service area the members to b ' e appointed by the Mayor with the advice and majority consent of the City Council to serve an indefinite term. Committee members may resign voluntarily or may be removed from their respective committee by the Mayor. Three consecutive unexcused absences from duly called Committee meetings shall constitute an automatic resignation. — March 28, 1977 Date Mayor 'l ATTEST • - Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. f � .5a R L) I a F. 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(--, � Ii lip- BY -LAWS Of The BROOKLYN CENTER AND RECREATION C014MISSION Proposed: July 17, 1973 Adopted: August 21, 1973 Pursuant to Resolution No. 73 -25, adopted by the City Council of the City of Brooklyn Center on February 5, 1973 relating to and providing for the re- establishment, appointment, organization and responsibilities of the Brooklyn Center Park and Recreation Commis- . sion the s �• said commission does hereby adopt the following by -laws and rules for the conduct of its affairs. Article I. Officers Section 1. Personnel The officers shall consist of a Chairman and Vice- Chairman. Section 2. Duties The Chairman shall preside at all meetings and shall appoint Ad Hoc - Committee members and Ad Hoc Committee Chairmen. f The Vice - Chairman shall perform such duties as may be assigned by the Chairman, and shall assume the Chair in she absence of the Chair- man. Article II. Meetings The Commission shall hold regular monthly meetings. Special - o P ial meetings may be called at any time by the Chain nan upon sufficient notification to all Commission members. Article III. Quorum A quorum shall consist of a majority of the members of the Commission. -1- Article IV. Attendance Three consecutive unexcused absences by a Commission member shall constitute automatic resignation from office. Two consecutive absences by a Commission member shall initiate discussion as to the member's status on the Commission. The Commission may direct the Chairman to investigate absences. - Article V. Mi nutes Minutes of each regular meeting shall be provided to each Commission member prior to the commencement of the succeeding regular meeting. Article VI. Ad Hoc Committees Section 1. Structure The Commission may create Ad hoc Committees to investigate Park and Recreation concerns. Section 2 Membership Each Ad Hoc Committee shall consist of at least two Commission members. - Section 3. Ad Hoc Committee Chairm Each Ad Hoc Committee sh ll.have Chairman. The Ad Hoc Committee Chairman shall provide regular interum reports on the progress of the Ad Hoc Committee. A final report to the Commission must be submitted. Article VII. Park Service Area Committees Section 1. Park Service Area Committees Established Each Park Service Area as outlined in Resolution No. 73 -25 shall be represented by a Committee of five citizens appointed annually by the Mayor, with the advise and majority consent of the Council, from within a respective Service Area. -2- Section 2. Park Service Area Committee Chairmen Each Park Service Area Committee Chairman shall be the Park and Re-creation Commission member appointed from the respective Park Service Area. Section 3. Park Service Area Function It shall be the function_ of the Park Service Area Committee to represent and reflect the neighborhood attitudes and opinions regarding the Park and Recreation function in general and specifically regarding the Park and Recreation function as it directly impacts within the respective Park Service Area. Section 4. Meetings The Park Service Area Committees shall meet at least twice each year in April and October A report of the activities of each such meeting shall be presented by each Committee Chairman at the next subsequent Park and Recreation Commission meeting after April and October. Section 5. Rules and Procedures Each Park Service Area Committee shall adopt such rules and prc_edures not incor_sis`ent with the provisions of the Park and Recrea - tion Commission by -laws or Resolution No. 73 -25 as may be necessary for the proper effects and conduct of business. The Park Service Area Committees Chairmen shall be the only official spokesman for the respective Park Service Area to the Commission. Article VIII. General Provisions No member of the Park and Recreation Commission or its Committees shall be authorized to speak on behalf of the Commission publicly, unless the Commission has first considered and approved such statements. -3- > Article IX. Parlimentary A Robert's Rsles of order shall he the governing authority for all meetings of the Commission and for its Committees. Article Y. Amendments These by -laws may be amended by a 2/3 vote of the Commission provided the - roposed amendments are presented to the Commission members ten days.in advance. -4- L MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Jim Lindsay, Chief of Police DATE: May 12, 1987 SUBJECT: Application by St. Alphonsus Church for Temporary On -Sale Intoxicating Liquor License State Law and City Ordinance now allow for a temporary on -sale intoxicating liquor license to be held by any club, or charitable, religious or other nonprofit organization in existence for at least three years. The license must be in connection with a social event within the City sponsored by the licensee. The license may authorize the on -sale of intoxicating liquor for not more than three consecutive days. The license must first be approved by the City Council and then by the Commissioner of Public Safety. At this time, we have received an application for a temporary on- sale intoxicating liquor license from St. Alphonsus Church. They would like to hold this license in connection with their annual Fun Fair, July 24, 25, and 26. They intend to sell only beer and wine coolers and will not be serving any other liquor or mixed drinks. The Fun Fair Committee has also made arrangements with me to hire off -duty officers to check identification as well as the patrolling that is provided on an annual basis. They have also purchased a $1,000,000.00 liquor liability insurance policy from Arthur J. Gallagher and Co. for this event. In recent years we have had tremendous cooperation with the Church when it comes to the 'annual Fun Fair. We do not anticipate this will cause any additional problems. Therefore, I recommend issuance of this license. 14 Licenses to be approved by the City Council on May 18, 1987: * AMUSEMENT DEVICE - VENDOR Carousel International Corp. P.O. Box 307 Theisen Vending Co. 3804 Nicollet Avenue N. of of Police ,4k BULK VENDING LICENSE - T. J Peterson Vending 1731 Nokia Way Sanitarian FOOD ESTABLISHMENT LICENSE Bosa Donuts 1912 57th Avenue N. Brooklyn Center American Little League Iten Field `41 Lutheran Church of the Triune God 5827 Humboldt Avenue N. T cq Ny ma Sanitarian 4" ITINERANT FOOD ESTABLISHMENT LICENSE Brooklyn Center Parks & Recreation 6301 Shingle Creek Pkwy. Northwest Hockey Association Evergreen Park tJ_ Sanitarian MECHANICAL SYSTEMS LICENSE Binder & Sons, Inc. 120 East Butler Avenue Construction Mechanical Services 1307 Sylvan Street Louis Degidio, Inc. 6501 Cedar Avenue S. OR ealistic Heating & Cooling, Inc. 9077 Van Buren Street NE ouse Mechanical, Inc. 11348 K -Tel Drive Build ng Official RENTAL DWELLING LICENSE Initial: Deep Root Investments 6908, 12 Unity Avenue N. Ron Gray 4318 66th Avenue N. Renewal: Norman Chazin Brookdale Manor Apartments Norman Chazin Four Courts Apartments Logan North Properties The Lilacs Norman Chazin North Lyn Apartments Norman Chazin Northbrook Terrace Apartments Norman Chazin 6037 Brooklyn Boulevard Norbert and Dolores Volbert 4207 Lakeside Avenue N. #122 Jerry Fischer 4700, 04 Lakeview Avenue N. Logan North Properties 5820 Logan Avenue N. Robert C. Slind 5312 Morgan Avenue N. J. J. Barnett 2934 68th Lane Lawrence R. Florian 857 -861 70th Avenue N. Robert W. Rode 869 70th Avenue N. S. Richard Silverness 873 -877 70th Avenue N. James R. Hokanson 881 -885 70th Avenue N. Director of Planning 41.c and Inspection SIGN HANGERS LICENSE Attracta Signs, Inc. 6417 Penn Avenue S. Signcrafter's Outdoor Display, Inc. 7775 Main Street NE Buildixig Official SWIMMING POOL LICENSE Beach Condominiums 4201 Lakeside Avenue N. � Brooklyn Center Community Center 6301 Shingle Creek Pkwy. Sanitarian �Y ` GENERAL APPROVAL: D. K. Weeks, City Clerk