HomeMy WebLinkAbout1987 06-22 CCP Regular Session CITY COUNCIL AGENDA
CITY OF BROOKLYN CENTER
JUNE 22, 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. Approval of Minutes:
a. June 8, 1987 - Regular Session
7. Mayoral Appointment:
*a. Human Rights Commission
8. Performance Bond Reductions:
*a. Brookdale Corporate Center II, 6200 Shingle Creek
Parkway
*b. Brookview Plaza, 5951 Earle Brown Drive
9. Performance Bond Release:
*a. 4315 70th Avenue North
10. RLS Approval:
*a. Mainstreet, 2501 County Road 10
11. Resolutions:
*a. Accepting Work Performed under Contract 1986 -N
(Humboldt Sidewalk, 69th Avenue to 71st Avenue and 72nd
Avenue to Woodbine Lane)
b. Establishing Water Main Improvement Project No. 1987 -16
(Paul Drive Water Main), Accepting Quotations and
Approving Contracts Therefor
*c. Accepting Bids and Awarding Contract for Park
Improvement Project No. 1987 -13 (Satellite /Dumpster
Enclosures) Contract 1987 -H
CITY COUNCIL AGENDA -2- June 22, 1987
*d. Amending the 1987 General Fund Budget
- Approving appropriation for the Bicentennial
Constitution Fireworks
*e. Authorizing Execution of an Agreement between
Metropolitan Clinic of Counseling, Inc. and the City of
Brooklyn Center for an Employee Assistance Program
12. Planning Commission Item: (7:30 p.m.)
a. Planning Commission Application No. 87009 submitted by
Independent School District No. 279 requesting special
use permit approval to operate a child care center for
school children from Orchard Lane and Garden City
schools at the Cross of Glory Church at 5929 Brooklyn
Boulevard.
-This item was recommended for approval by the Planning
Commission at its June 11, 1987, meeting.
13. Consideration to Deny the Renewal of the Rental Dwelling
License for 4010 65th Avenue North (8 p.m.)
14. An Ordinance Amending Chapter 17 of the City Ordinances
Regarding Personnel
-This item amends sections of the personnel ordinance
related to vacation leave, sick leave, and leaves of
absence, and is offered this evening for a first reading.
15. Discussion Items:
a. Storage of Vehicles and Refuse
b. Advisory Commission Resolutions and Bylaws
1. 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
2. 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
CITY COUNCIL AGENDA -3- June 22, 1987
3. Resolution Amending Resolution No. 73 -25 which
Continued the Brooklyn Center Park & Recreation
Commission and Redefined Its Duties and
Responsibilities, and Amending Resolution No. 77 -52
which Redefined the Appointments of Park Service
Area Committee Members
4. Resolution Amending Resolution No. 87 -87 which
Defines Duties and Responsibilities of the Brooklyn
Center Planning Commission
5. Resolution Dissolving the Brooklyn Center
Conservation Commission
6. Adoption of Advisory Commission Bylaws
C. Establishment of Traffic Safety Appeals Committee
16. Licenses
17. Adjournment
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
JUNE 8, 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 7:05 p.m.
ROLL CALL
Mayor Dean Nyquist, Councilmembers 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, HRA Coordinator Brad Hoffman, Personnel
Coordinator Geralyn Barone, and Administrative Aid Patti Page.
Mayor Nyquist noted that Councilmember Lhotka was ill and would be absent from
this evening's meeting.
INVOCATION
The invocation was offered by Councilmember Scott.
OPEN FORUM
Mayor Nyquist noted the Council had not received any requests to use the Open
Forum session this evening. He inquired if there was anyone present in the
audience who wished to address the Council. There being none, he continued with
the regular agenda items.
CONSENT AGENDA
Mayor Nyquist inquired if any Councilmembers requested any items removed from
the Consent Agenda. Councilmember Hawes requested that item 8b be removed from
the Consent Agenda.
APPROVAL OF MINUTES - MAY 18 1987 - REGULAR SESSION
There was a motion by Councilmember Scott and seconded by Councilmember Hawes to
approve the minutes of the May 18, 1987, City Council meeting. The motion
passed unanimously.
APPROVAL OF MINUTES - MAY 18 1987 - BOARD OF EQUALIZATION
There was a motion by Councilmember Scott and seconded by Councilmember Hawes to
approve the minutes of the May 18, 1987, Board of Equalization meeting. The
motion passed unanimously.
RESOLUTIONS
RESOLUTION NO. 87 -113
Member Celia Scott introduced the following resolution and moved its adoption:
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RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1986 -0 (EARLE BROWN FARM TAX
INCREMENT DISTRICT STREETSCAPE, PHASE II)
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Hawes, and the motion passed unanimously.
RESOLUTION NO. 87 -114
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1985 -J (CIVIC CENTER PAINTING
PROJECT)
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Hawes, and the motion passed unanimously.
RESOLUTION NO. 87 -115
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1987 -17 (EMERGENCY REPAIRS TO
WELL NO. 8), ACCEPTING QUOTATION, AND APPROVING CONTRACT THEREFOR
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Hawes, and the motion passed unanimously.
RESOLUTION NO. 87 -116
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION ESTABLISHING SEALCOATING IMPROVEMENT PROJECT NO. 1987 -09, ACCEPTING
REPORT, APPROVING SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR BIDS, CONTRACT
1987 -G
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Hawes, and the motion passed unanimously.
RESOLUTION NO. 87 -117
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED
SHADE TREES (ORDER NO. DST 06/08/87)
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Hawes, and the motion passed unanimously.
RESOLUTION NO. 87 -118
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING REQUEST FOR PUBLIC HEARING FOR PROPOSED FINANCING PROGRAM
FOR A MULTIFAMILY HOUSING DEVELOPMENT
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Hawes, and the motion passed unanimously.
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1
7
RESOLUTION N0, 87 -119
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION AMENDING THE 1987 GENERAL FUND BUDGET TO PROVIDE FOR WAGE AND SALARY
ADJUSTMENTS
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Hawes, and the motion passed unanimously.
I
LICENSES
There was a motion by Councilmember Scott and seconded b Councilmember Hawes es to
approve the following list of licenses:
AMUSEMENT DEVICE - OPERATOR
Brookdale East Cinema 5801 John Martin Drive
Brooklyn Center Community Center 6301 Shingle Creek Pkwy.
Earle Brown Bowl 6445 James Circle
Ground Round, Inc. 2545 County Road 10
Lynbrook Bowl 6357 N. Lilac Drive
Ramada Hotel 2200 Freeway Boulevard
Snyder Brothers Drug 1296 Brookdale Center
T. Wright's 5800 Shingle Creek Pkwy.
AMUSEMENT DEVICE - VENDOR
Advance Carter Company 850 Decatur Avenue
B & K Music & Sales 133 Spring Valley Circle
FOOD ESTABLISHMENT LICENSE
American Food Management P.O. Box 160
Northwestern Bell 5910 Shingle Creek Pkwy.
Carmel Corn 1333 Brookdale Center
T. J. Cinnamons Bakery Brookdale Center
Taco Bell 5532 Brooklyn Boulevard
ITINERANT FOOD ESTABLISHMENT LICENSE
Blue Bell Ice Cream Inc. 3218 Snellin g Avenue
Brooklyn Center Lioness Club 5500 Emerson Avenue N.
Brooklyn Center Parks & Rec. Dept. 6301 Shingle Creek Pkwy.
Earle Brown Days Committee 5351 4th Street North
Betsy Medley /Bill Klein 1762 Canyon Lane
Olson Popcorn Co. 3340 Brownlow Avenue
MECHANICAL SYSTEMS LICENSE
Check Refrigeration, Inc. 8830 7th Avenue N.
Ganley's Heating and A/C 2401 80th Avenue N.
Hovde Heating 2222 Edgewood Avenue S.
Maple Grove Heating and A/C 8870 Zealand Avenue N.
Marsh Heating and A/C 6248 Lakeland Avenue N.
Metro Brothers Heating and A/C 2710 Salem Avenue S.
Olson Sheet Metal Works 831 East Hennepin Ave.
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PERISHABLE VENDING MACHINE LICENSE
Twin City Vending Co., Inc. 1065 East Highway 36
Highland Superstore 5951 Earle Brown Drive
SIGN HANGERS LICENSE
Arrow Sign Company 18607 Highway 65 NE
Serigraphics Sign Systems 7321 Washington Ave. S.
The motion passed.
BROOKLYN CENTER BICENTENNIAL CONSTITUTION COMMITTEE
Mayor Nyquist recognized Fred Albright, a member of the Brooklyn Center
Bicentennial Constitution Committee. Mr. Albright stated he was present this
evening to request the City Council to approve an appropriation to finance the
fireworks which are being planned for the September 17, 1987, Bicentennial
Constitution celebration. Mayor N Yq Y
uist stated he felt since the City Council
established this committee the City should take some financial responsibility
Y
for it. Councilmember Theis inquired what has been spent on fireworks in the
past. The City Manager stated in the past approximately $4,000 to $5,000 has
been spent for each display. Councilmember Scott stated she agrees with the
mayor's statement that the City does have an obligation to help finance this
committee. Councilmember Theis stated he also agrees but he was wondering what
the level of funding for this display would be as compared to funding for Earle
Brown Days. He added Earle Brown Days takes place each year, and this event is
only once every 200 years.
There was a motion by Councilmember Scott and seconded by Councilmember Theis
directing staff to prepare a Resolution Providing for a $4,500 Contingency
Appropriation for the Brooklyn Center Bicentennial Constitution Committee
Fireworks Display. The motion passed.
RESOLUTIONS (CONTINUED)
The City Manager presented a Resolution Accepting Work Performed under Contract
1986 -P (Public Utility Systems for Earle Brown Commons). Councilmember Hawes
inquired if the planned quantities for materials are given by the City. The
City Manager responded affirmatively. The Director of Public Works noted staff
tried to obtain construction plans from the owner, but these plans were not
available. He noted Planning & Inspection did have a set of plans, however, the
manhole was not shown on this particular set of plans. He stated if staff had
been aware of this condition the additional materials would have been planned
for.
RESOLUTION NO. 87 -120
Member Bill Hawes introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1986 -P (PUBLIC UTILITY
SYSTEMS FOR EARLE BROWN COMMONS)
The motion for the adoption of the foregoing resolution was duly seconded by
member Rich Theis, and the motion passed unanimously.
6 -8 -87 -4-
DISCUSSION ITEMS
HUMAN RIGHTS COMMISSION REPORT ON YEAR 2000 ISSUE NO 1 ON SINGLE PARENT
HOUSEHOLDS
The City Manager stated the Human Rights Commission has been reviewing this
issue for the past year and one -half. The Personnel Coordinator stated at this
point the Human Rights Commission is looking for further direction from the
Council if the Council wishes the commission to proceed with this issue.
Councilmember Scott stated, and Mayor Nyquist agreed, that the commission has
done an excellent job of researching this issue and completing the report, and
they hope the other commissions will do as thorough a job. The City Manager
stated he would like to suggest that the City Council wait to give further
direction to the Human Rights Commission until the Council has received the
reports from the other commissions.
RECOMMENDATION FROM PARK & RECREATION COMMISSION TO RENAME THE SOCIAL HALL AS
CONSTITUTION HALL
The City Manager stated originally the Bicentennial Constitution Committee had
requested that Central Park be renamed Constitution Park, and the Council had
referred this item to the Park & Recreation Commission. The Park & Recreation
Commission reviewed this item and was somewhat reluctant to change the name of
Central Park, and a suggestion was made to rename the social hall as
Constitution Hall in conjunction with the remodeling of that area. He noted the
reaction of the Bicentennial Committee was favorable for this idea.
Councilmember Theis inquired what type of display the committee has planned for
the social hall /constitution hall. The City Manager stated there would be
framed prints of the Constitution and other documents. Fred Albright, member of
the Constitution Committee, stated the committee would try to make the display
as significant as possible, but the committee must know what area will be
renamed before definite plans can be made.
There was a motion by Councilmember Hawes and seconded by Councilmember Scott to
accept the Park & Recreation Commission recommendation to rename the social hall
as constitution hall. The motion passed.
PLANNING COMMISSION ITEM
PLANNING COMMISSION APPLICATION NO. 87007 SUBMITTED BY SHINGLE CREEK LAND
COMPANY REQUESTING LANDSCAPE PLAN APPROVAL FOR THE SHINGLE CREEK BUSINESS
CENTER, CENTRAL PARKING LOT LOCATED NEAR 66TH AND SHINGLE CREEK PARKWAY
The City Manager noted this item was recommended for approval by the Planning
Commission at its May 21, 1987, meeting. The Director of Planning & Inspection
referred the Mayor and City Council to page one of the May 21, 1987, Planning
Commission minutes and the informational sheet attached with those minutes. He
stated in September, 1986, the City Council approved a landscape plan for this
area, and the applicant is now submitting an amended, scaled down version. The
Director of Planning & Inspection went on to review the amended landscape plan
and noted it is not part of the proof -of- parking area and it would remain a
permanently landscaped area. He stated the Planning Commission recommended
approval of this application subject to one condition which he reviewed for the
Council. The Director of Planning & Inspection stated a public hearing is not
required for this evening, however, a representative of the applicant is
present.
6 -8 -87 -5-
Mayor Nyquist noted the Director of Planning & Inspection had mentioned an
unlighted walkway in the landscape area and wondered if that would cause a
problem. The Director of Planning & Inspection stated he had mentioned the
unlighted walkway because in the previous plan there had been lighting along the
walkway. He stated he does not feel a lighted walkway is necessary because of
the lacement of lights P for the parking lot. Councilmember Scott '
! € inquired if
there would be any seating or trash receptacles in the area. The Director of
Planning & Inspection stated he believed there would be four benches scattered
in the landscape area. Mike Mallon, representing Shingle Creek Land Company,
stated there would be trash receptacles on both ends of the landscape area. The
City Manager stated if the Council wished they could add a second condition
stating the parking lot lighting should shed light into the landscape area and
the walkway.
There was a general consensus that the second condition should be added.
There was a motion by Councilmember Scott and seconded by Councilmember Theis to
approve Planning Commission Application No. 87007 subject to the following
conditions:
1. The performance agreement and financial guarantee being held to assure
completion of the central parking lot shall not be released in its
entirety until all landscaping, consistent with this approved plan,
has been installed and has proved to be viable.
2. The lighting plan for the central parking lot shall be so designed as
to shed light into the landscaped area separating the two portions of
the lot.
The motion passed.
RECESS
The Brooklyn Center City Council recessed at 7:45 p.m. and reconvened at 8 :01
p.m.
RESOLUTIONS (CONTINUED)
The City Manager presented a Resolution Approving Supplemental Agreement to
Contract 1987 -E, Brookdale 16 Inch Water Main Improvement Project No. 1987 -03.
The Director of Public Works briefly reviewed the memorandum submitted for this
resolution and noted the project will be completed earlier than if the
contractor had waited to place the order with the original supplier. He stated
staff is recommending approval of payment for the additional cost.
Councilmember Theis requested the Director of Public Works to briefly explain
the bid irregularity which initiated the delay. The Director of Public Works
stated the second low bidder on the project questioned the City's ability to
waive the irregularity in the low bidders proposal, and this resulted in a
restraining order which delayed the project. He went on to briefly explain the
irregularity in the low bidders proposal and noted the courts have ruled the
City has the authority to waive this type of irregularity. Councilmember Theis
inquired if there were any cost savings to other projects for the golf course by
deleting the 30 day delay for this pipe. The Director of Public Works stated
6 -8 -87 -6-
the City could have been responsible for paying other contractors for their
overrun on the project.
Councilmember Theis stated he feels the contractor is partly to blame for the
delay. He added he does not believe the City should approve 100% reimbursement
for this additional expense. He stated he believes 50% reimbursement would be
more appropriate.
RESOLUTION NO. 87 -121
Member Bill Hawes introduced the following resolution and moved its adoption:
RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT TO CONTRACT 1987 -E BROOKDALE 16 INCH
WATER MAIN IMPROVEMENT PROJECT NO. 1987 -03
The motion for the adoption of the foregoing resolution was duly seconded by
member Celia Scott, and the motion passed with Councilmember Theis opposed.
The City Manager presented a Resolution Accepting Bids and Awarding Contracts
for Community Center Improvement Project No. 1987 -05 Contract 198 - C.
P 7
J
Councilmember Theis inquired why the bid for the reroofing Q y o fang was higher than the
original estimated cost. The Director of Public Works stated the replacement of
the insulation for the roof was much more involved than originally believed, and
incidental items such as lighting and heating had been overlooked in the
original estimate.
RESOLUTION NO. 87 -122
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACTS FOR COMMUNITY CENTER
IMPROVEMENT PROJECT NO. 1987 -05, CONTRACT 1987 -C
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 Expressing Recognition of and
Appreciation reciation for the Dedicate Public P d Service of Tom Slu P s
ke.
RESOLUTION NO. 87 -123
Member Rich Theis introduced the following resolution and moved its adoption:
RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC
SERVICE OF TOM SLUPSKE
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 Recognizing the Distinguished Public
Service of Jack Irving, City Manager, City of Crystal.
RESOLUTION NO. 87 -124
Member Bilk Hawes introduced the following resolution and moved its adoption:
6 -8 -87 -7-
RESOLUTION RECOGNIZING THE DISTINGUISHED PUBLIC SERVICE OF JACK IRVING, CITY
MANAGER, CITY OF CRYSTAL
The motion for the adoption of the foregoing resolution was duly seconded by
member Rich Theis, and the motion passed unanimously.
DISCUSSION ITEMS (CONTINUED)
TRAIL SYSTEM IMPROVEMENTS IN EAST PALMER LAKE PARK
The Director of Public Works briefly reviewed the memorandum prepared for this
item and noted staff did investigate the possibility of moving segment 2 to the
westerly edge of the wooded area behind the homes on Oliver Avenue. He stated
that soil conditions in this area are such that staff would not recommend
constructing a trail in this area. He went on to review segment 3 and noted
that soil conditions behind the baseball field fence are substantially better
than staff previously assumed. He stated it appears the soil correction which
was done in conjunction with construction of the athletic fields was extended
far enough out to support a bituminous trail outside of the outfield fence.
Councilmember Theis inquired how staff came to this conclusion. The Director of
Public Works stated that three or four test holes were bored in the area to
determine the existing soil conditions.
RESOLUTION NO. 87 -125
Member Rich Theis introduced the following resolution and moved its adoption:
RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR EAST PALMER LAKE
TRAIL IMPROVEMENT PROJECT NO. 1987 -12
The motion for the adoption of the foregoing resolution was duly econded b
y y
member Celia Scott, and the motion passed unanimously.
CONTROL OF WILD GOOSE POPULATION
The City Manager stated a public hearing was held on May 21, 1987, for any
interested residents, concerning the wild goose population. He noted that only
two people were present at the hearing and that no negative comments have been
received regarding the proposed control procedures. He stated he recommends the
Council pass a motion to authorize the proposed program. Councilmember Hawes
inquired what areas the control program would be implemented in. The City
Manager stated the control program would be started at Central Park and Palmer
Lake Basin. He noted
that a program may be started at Twin Lake next year, but
this would need to be coordinated with the City of Crystal.
There was a motion by Councilmember Theis and seconded by Councilmember Hawes to
authorize staff to direct Dr. Cooper to proceed with the control of the wild
goose population program. The motion passed.
REVIEW OF CABLE TV BROADCASTS
The City Manager stated staff had video tapes from the cities of Shakopee,
Crystal, Plymouth, and St. Louis Park for review this evening. The Council
proceeded to review a small portion of each tape, and it was noted that some
cities are'•much more sophisticated in their taping procedures than other cities.
Councilmember Scott inquired if it is possible for anyone to find out how many
6 -8 -87 -8-
s'
people watch these meetings. The City Manager stated at this time there are no
figures available. Mayor Nyquist stated he was not impressed with any of the
tapes because there seems to be so much background noise from papers and other
people. Councilmember Theis stated he would like to see ongoing costs as well
as ini tial costs included in the report for cost estimates.
REVIEW OF ADVISORY COMMISSION'S RECOMMENDATIONS ON THEIR ENABLING RESOLUTIONS
AND BYLAWS
The Personnel Coordinator stated that the advisory commissions have reviewed the
proposed resolutions and bylaws and noted there are recommendations for two
major changes and some small uniformity changes.
She went on to briefly review the recommendations from the Park & Recreation
Commission regarding its bylaws and noted the major change for the bylaws came
in Article VII, general provisions. She noted this change would allow the
chairperson to speak on behalf of the commission publicly with or without the
commission's approval of such statements. Councilmember Theis stated he is not
in favor of giving any of the commission chairpersons authority to speak on
behalf of the commissions unless the statement is approved by the commission
itself.
The Personnel Coordinator went on to review the recommendations made by the
Housing Commission and the Human Rights Commission. She stated the Council
should accept or reject any or all recommendations and pass a motion directing
staff to bring back the revised resolutions for consideration at a later date.
Councilmember Theis stated he was not in favor of allowing a chairperson to
speak on behalf of the commission unless the commission has first considered and
approved such statements. He added he is also opposed to allowing nonresidents
membership on the Housing Commission or any other advisory commission for the
City.
Councilmember Scott and Councilmember Hawes stated they agreed with
Councilmember Theis' opposition to the chairperson issue and the nonresident
issue for the commissions.
There was a motion by Councilmember Theis and seconded by Councilmember Hawes
directing staff to revise the resolutions, deleting the items noted in the
Council's discussion, and to bring these resolutions back at a later date. The
motion passed.
PARK & RECREATION COMMISSION RECOMMENDATION TO INVESTIGATE SOLUTIONS TO PROBLEM
AT LIONS PARK LITTLE LEAGUE FIELD
The City Manager stated staff recommends monitoring the situation throughout the
Little League season, and if there appears to be a problem an appropriate
pp p budget
recommendation can be made after review.
ADJOURNMENT
There was a motion by Councilmember Scott and seconded by Councilmember Hawes to
adjourn the meeting. The motion passed. The Brooklyn Center City Council
adjourned at 9:08 p.m.
City Clerk Mayor
6 -8 -87 -9-
APPLICATI
FOR Pi' TO TI!", ER OOI ?L YN CEi� ?TER HUMA PJGHTS COF idtiLS
Name �Le_?�cc.�� \�, t� �� .. Age � �r
Address �? j
i �C. Telephone�
Occupation �tC?��c)�.1 r`C�` Years Iived in Brooklyn Center 2
I have read the Human Rights Coniraission Enabling Resolution (Resolu,lcn No.
68 -44, 69 --35, 71 -211 and 74 -68), which defines the.piirpose, authority and
responsibility of the Brooklyn Center Human Rights Commission.
Yes ---__ No Comments
I understand the importance of regular Commission meeting attendance and
participation, and feel. I have the tirne available to be an active Participant.
Yes No Comments
Additional i ionai c
omm_nts-on my interest, experience, background, ideas, etc.
C�1�v e a Q' o
Signature Date
Submit to: Mayor Dean Nyquist
City of Brooklyn Center
6301 Shingle Creek Par►cway
Brooklyn Center, MN .55430
MEMORANDUM
TO: Ronald A. Warren, Director of Planning and Inspection
FROM: Clay Larson, Building Inspector
SUBJECT: Performance Guarantee
DATE: June 17,1987
The following performance guarantee is recommended for reduction:
1. Brookdale Corporate Center Phase II
6200 Shingle Creek Parkway
Planning Commission Application No. 81012
Amount of Guarantee - $40,000
Obligor - Ryan Construction Company
Site improvements for this project have been completed for a year. All
paving, curb, gutter, and sidewalk are in good shape. Most plantings
are live and installed in accordance with the approved site plan. I
inspected the site with Bruce Christopherson of Ryan Construction. They
will complete the following items:
1. Replace one dead Maple
. 2. Replace 3 dead Ash
3. Patch broken curb on west side of parking lot.
4. Install 44" sidewalk at Fire Department siamese connection.
5. Prepare an agreement with the City to close the south entrance
to the parking lot in accordance with City Council conditions
of approval.
I recommend reduction of the bond to $10,000 when the agreement is
accepted by the City with complete release of the bond in fall of 1988.
(Note: The entire west side of the property which abuts Shingle Creek Parkway
is affected by turn -lane construction and both corners on Summit Drive are
affected by city - scape construction. These are City projects and will be
complete in fall of 1987).
Approve--by �,_�_�_���
Rona d A. Warren, Director of Planning and Inspection
CL
MEMORANDUM
TO: Ronald A. Warren, Director of Planning and Inspection
FROM: Gary Shallcross, Planner
SUBJECT: Performance Guarantees
DATE: June 17, 1987
The following performance guarantees are recommended for release or reduction as
specified.
1• 4315 70th Avenue North
Planning Commission Aplication No. 8101+
Amount of Guarantee - $500.00
Obligor - Glover Properties
Work on this site is essentially complete. Also, Glover Properties no longer
owns the building. Recommend total release.
2. Brookview Plaza
5951 Earle Brown Drive
Planning Commission Application No. 86008
Amount of Guarantee - $110,000
Obligor - Shingle Creek Plaza II Partners
Landscaping, paving, curb and gutter and skimmer are complete according to
plan. Some corrections remain as far as utilities are concerned and an as-
built utility survey must be submitted. Recommend reduction from $110,000 to
$10,000.
Approved _ y
Ronald A. Warren, Director of Planning and Inspection
CITY 6301 SHINGLE CREEK PARKWAY
OF
BROOKLYN CENTER, MINNESOTA 55430
BROOKLYN
TELEPHONE 561 -5440
C ENTER EMERGENCY - POLICE - FIRE
911
To: Sy Knapp
From: H.R Spurrier
Date: June 18, 1987
Re: Mainstreet Final RLS
Federated Department Stores, Inc., developer of above referenced RLS has applied
to the City Council for approval of the final RLS. The land is located west of
Brookdale shopping center on the site now occupied by the Plitt Theater building .
and the Dayton Garden Center.
Conditions adopted for the preliminary RLS by the City Council at its January
15, 1987 meeting are as follows:
1. The final RLS is subject to review to approval by the City Engineer.
2. The final RLS is subject to the provisions of Chapter 15 of the City
Ordinances.
3. The applicant shall execute an easement for storm detention areas
consistent with drainage and utility plan approval by the Shingle
Creek Watershed management commission prior to release of the final
RLS for filing.
4. The applicant shall update the following easements as necessary prior
to final RLS approval:
a. A non exclusive easement granting the Ground Round site (Tract
A, RLS 1430) parking rights to 71 stalls on the new Mainstreet
site in accordance with City Ordinance requirements.
b. Ingress and egress easements over the perimeter road portion of
the propose tract A to both Mainstreet site and the Ground Round
site.
C. Ingress and egress easements over the proposed Tract B to the
Ground Round site.
d. Relocation of the Northwestern Bell easement.
e. City water main proposed through the site
5. The applicant shall provide topographic and utility information for
the proposed Tract A including the size and location of the existing
Shingle Creek culvert prior to Final RLS approval.
rocs ui -uveiu an
June 18, 1987
Page 2
Of the conditions listed above, No. 1, 2, and 4e have been met. Accordingly, we
recommend approval of the final plat subject to the following conditions:
1. Receipt of title opinion from the City Attorney confirming the
appropriate parties responsible for signing the plat.
2. The applicant shall execute an easement for storm detention areas
consistent with drainage and utility plan approval by the Shingle
.Creek Watershed management commission prior to release of the final
RLS for filing.
3. The applicant shall update the following easements as necessary prior
to final RLS approval:
a. A non exclusive easement granting the Ground Round site (Tract
A, RLS 1430) parking rights to 71 stalls on the new Mainstreet
site in accordance with City Ordinance requirements.
b. Ingress and egress easements over the perimeter road portion of
the propose tract A to both Mainstreet site and the Ground Round
site.
C. Ingress and egress easements over the proposed Tract B to the
Ground Round site.
d. Relocation of the Northwestern Bell easement.
4. The applicant shall provide topographic and utility information for
the proposed Tract A including the size and location of the existing
Shingle Creek culvert prior to Final RLS approval.
5. The owner shall enter into an agreement for maintenance and inspection
of utility and storm drainage systems prior to release of the RLS for
filing.
6. The owner shall pay all City Attorney's fees incurred in review of the
final RLS prior to release of the RLS for filing.
Respectfully submitted, Appr % ed for submittal,
h
S na
Y PP
City Engineer Director of Public Works
HRS :jn
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Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1986 -N
(HUMBOLDT SIDEWALK, 69TH AVENUE TO 71ST AVENUE AND 72ND
AVENUE TO WOODBINE LANE
WHEREAS, pursuant to written Contract 1986 -N signed with the City of
Brooklyn Center, Minnesota, Alexander Construction Company, Inc. has
satisfactorily completed the following improvement in accordance with said
contract:
HUMBOLDT AVENUE SIDEWALK IMPROVEMENT PROJECT NO. 1986 -06
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of
Brooklyn Center, Minnesota, that:
1. The work completed under said contract is accepted and approved
according to the following schedule:
As Approved Final Amount
Original Contract $ 21,429.75 $ 22,424.85
2. The value of work performed is more than the original contract
is amount by $995.10 due to a general underestimation of planned
quantities.
3. It is hereby directed that final payment be made on said contract,
taking the Contractor's receipt in full. The total amount to be
paid for said improvement under said contract shall be $22,424.85.
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member , and upon vote being taken thereon, the following
voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
CITY 6301 SHINGLE CREEK PARKWAY
OF
B ROOKLYN BROOKLYN CENTER, MINNESOTA 55430
TELEPHONE 561 -5440
C ENTER EMERGENCY- POLICE - FIRE
911
TO: Sy Knapp, Director of Public Works
FROM: H.R. Spurrier, City Engineer
DATE: June 18, 1987
RE: Humboldt Sidewalk - 69th Avenue to 71st Avenue and
72nd Avenue to Woodbine Lane
Improvement Project No. 1986 -06
Contract 1986 -N
Attached is a resolution accepting work performed under Contract 1986 -N, the
Humboldt sidewalk described above.
The final amount of the work is $22,424.85. That exceeds the amount approved by
$995.10. The overrun was due to additional earthwork in the vicinity of the
entrances at Brookdale Towers Apartments. The additional earthwork was ordered
because of the poor appearance of the original design.
It is recommended that the City Council adopt the attached resolution.
Respectfully submitted, Appro ed for submittal,
H.R. Cu i"er'-IL/V Sy app
City Engineer Di ctor of Public Works
HRS rr
1
IM An.UURU CfY = r
/lb
Member introduced the following resolution and moved
its adoption:
RESOLUTION NO.
RESOLUTION ESTABLISHING WATERMAIN IMPROVEMENT PROJECT NO.
1987 -16 (PAUL DRIVE WATERMAIN), ACCEPTING QUOTATIONS AND
APPROVING CONTRACTS THEREFORE
WHEREAS, the City Engineer has reported to the City Council that it is
necessary and in the best interests of the City of Brooklyn Center, Minnesota to
install a watermain on Paul Drive; and
WHEREAS, the City Engineer has proposed plans and specifications for
the installation of such watermain; and
WHEREAS, pursuant to an advertisement for bids, a proposal has been
received for such improvement under Schedule A of the specifications. The
submitted proposal being as follows:
Bidder Bid Amount
Davies Water Equipment Co. $4,934.63
AND, WHEREAS, pursuant to an advertisement for bids, proposals have
also been received for such improvement under Schedule B o
f the specifications.
P i
P
. The submitted proposals as follows:
Bidder Bid Amount
Volk Sewer & Water $10,378.70
Glendale Contracting $10,622.50
Old Is Gold Construction $11,485.00
Ro -So Contracting $17,630.00
B & D Underground $18,227.50
WHEREAS, the restoration of the street shall be completed by City
forces at an estimated cost of $4,500:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of
Brooklyn Center, Minnesota, that:
1. The following project is hereby established:
PAUL DRIVE WATERMAIN PROJECT NO. 1987 -16
2. Accounting for Project No. 1987 -16 will be done in the Public
Utilities fund
3. The proposal of Davies Water Equipment Company of Brooklyn Center,
Minnesota in the amount of $4,934.63 is the lowest responsible
proposal received and the only proposal received and the City
Manager is hereby authorized and directed to enter into a contract
with said firm in that amount.
RESOLUTION N0,
4. The proposal of Volk Sewer & Water, Inc. of Brooklyn Park,
Minnesota in the amount of $10,378.70 is the lowest responsible
proposal received and the City Manager is hereby authorized and
directed to enter into a contract with said firm in that amount.
5. The City Clerk is hereby authorized and directed to return
forthwith to all bidders the deposit made with their proposal,
except that deposit of the successful bidder and the next lowest
bidder shall be retained until the contract has been signed.
BE IT FURTHER RESOLVED that:
1. The estimated cost of the Improvement Project No. 1987 -16 is hereby
established according to the following schedule.
Contract As Bid
Schedule A $4,934.63
Schedule B $10,378.70
Restoration $4,500.00
Technical Services (9%) $1,783.00
Administrative (1 %) $198.00
Legal (1 %) $198.00
TOTAL EXPENSES $21,992.33
2. The estimated cost will be financed in the Public Utilities Fund.
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member , and upon vote being taken thereon, the following
voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
CITY 6301 SHINGLE CREEK PARKWAY
OF
B ROOKLYN BROOKLYN CENTER, MINNESOTA 55430
TELEPHONE 561 -5440
EMERGENCY - POLICE - FIRE
C ENTER
911
To: Sy Knapp, Director of Public Works
From: H.R. Spurrier, City Engineer
Date: June 18, 1987
Re: Water Quality Improvements
Water Replacement Paul Drive
Improvement Project No. 1987 -16
The "Study of Water Quality in the Water System" prepared by SERCO Laboratories
recommended that the dead -end water main on Paul Drive, west of Scott Avenue, be
eliminated.
The dead -end needed to be looped to another point in the system or needed to
be a part of an existing loop. Since Paul Drive is a cul -de -sac, it was more cost
effective to make the watermain in Paul Drive a part of an existing loop.
In becoming a part of an existing loop it was necessary to oversize the line
from an existing 4 inch to 6 inch. Oversizing had the secondary benefit of
eliminating a segment of unlined pipe in this area.
The estimated cost of material and labor required to install the watermain are
summarized below. Detailed estimates are attached.
Materials Installation Restoration Total
Contract $7,820.00 $13,810.00 $4,500.00 $26,130.00
Technical Services 9% 700.00 1,244.00 400.00 2,344.00
Administration 1% 80.00 138.00 0 218.00
Legal 1% 80.00 138.00 0 218.00
$8,680.00 $15,330.00 $4,900.00 $28,910.00
This project is a relatively small project. In order to make the project more
attractive to bidders we have taken two elements out of the work, namely,
materials and restoration. These elements amount to approximately half the
total work. They are the more undesirable elements in a contract. By having
the city responsible for these elements, we are more likely to have competitive
prices on the installation contract.
"' roae uta,Mteu,� arr = �+
June 18, 1987
Page 2
On June 18, 1987, bids were received for materials and installation. As
anticipated we received competitive bids for the materials and installation. A
tabulation is contained in the attached resolution.
We have checked references of the low bidders and determined that they meet the
specified qualifications. The bids are reasonable and so it is recommended that
City Council approve the attached resolution.
Re pectfully submitted, Approved for submittal,
r
i
Spur, er SY P
City Engineer Director of Public Works
HRS.'n
BID TABULATION
CONTRACT 1987 -I (SCHEDULE A)
PROJECT NO. 1987 -16 Engineer's
Estimate
Item
# Contract Item Unit Quantity Unit Price Amount
- - -- ---------------------- - - - - -- - - -- -- - - - - -- ---- - - - - -- ----- - - - - --
1 6 DIP CLASS 52 L F 436 8.00 3488.00
2 8" GATE VALVE EACH 1 550.00 550.00
3 6 GATE VALVE EACH 2 400.00 800.00
4 PIPE FITTINGS LPB 950 1.00 950.00
5 HYDRANT EACH 1 950.00 950.00
6 SERVICE CONNECTIONS EACH 5 50.00 250.00
7 6 PVC SANITARY SERVICE WITH L F 20 6.00 120.00
ADAPTER TO VCP ----- - - - - --
7108.00
10% CONTINGENCY 712.00
TOTAL MATERIALS 7820.00
TECHNICAL SERVICES 9% 700.00
ADMINISTRATION 1% 80.00
LEGAL 1% 80.00
----- - - - - --
TOTAL $8,680.00
BID TABULATION
CONTRACT 1987 -I SCHEDULE B
PROJECT NO 1987 -16 Engineer's
Estimate
Item
# Contract Item Unit Quantity Unit Price Amount
- - -- ---------------------- - - - - -- - - -- -- - - - - -- ---- - - - - -- ---- - - - - --
1 MOBILIZATION L S 1 1000.00 1000.00
2 6 DIP CLASS 52 (INSTALL) L F 436 7.50 3270.00
3 SALVAGE 4 GATE VALVE & HYDR EACH 1 300.00 300.00
4 CUT IN 8 VALVES ON EXISTING EACH 1 500.00 500.00
CIP (INSTALL)
5 6 GATE VALVE (INSTALL) EACH 2 300.00 600.00
6 PIPE FIT CL 52 (INSTALL) LPB 925 0.50 462.50
7 CONNECT TO EXISTING 8 CIP EACH 1 300.00 300.00
TEE
8 HYDRANT (INSTALL) EACH 1 350.00 350.00
9 SERVICE CONNECTION (INSTALL) EACH 5 200.00 1000.00
10 COPPER SERVICE PIPE (F & I) L F 150 12.00 1800.00
11 4 PVC (SDR3034) SANITARY L F 20 10.00 200.00
SERVICE /W ADAPTERS (INSTALL)
12 SAWCUT BITUMINOUS & CONCRETE L F 250 3.00 750.00
(ALL DEPTHS)
13 REMOVE BIT & CONCT (ALL DEPT) S Y 450 4.50 2025.00
TOTAL BID CONTRACT 1987 -I (SCHEDULE B) $12,557.50
10% CONTIGENCY 1,252.50
TOTAL INSTALLATION 13,810.00
TECHNICAL SERVICES 9% 1,244.00
ADMINISTRATION 1% 138.00
LEGAL 1% 138.00
TOTAL $15,330.00
Member introduced the following resolution and moved
its adoption:
RESOLUTION N0.
RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR PARK
IMPROVEMENT PROJECT NO. 1987 -13 (SATELLITE /DUMPSTER
ENCLOSURES) CONTRACT 1987 -H
WHEREAS, pursuant to an advertisement for bids for Improvement Project
No. 1987 -13, bids were received, opened, and tabulated by the City Clerk and
Engineer, on the 18th day of June, 1987. Said bids were as follows:
Bidder Bid Amount
ODLAND CONSTRUCTION $ 57,995.00
VEIT CONSTRUCTION 67,940.00
CROWLEY COMPANY 113,625.00
WHEREAS it appears that Od
land Construction of Stillwater, PP 11 ter, Minnesota,
is the lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of
Brooklyn Center, Minnesota:
1. The Mayor and City Manager are hereby authorized and directed to
enter into the attached contract, in the amount of $57,995.00 with
Odland Construction of Stillwater, Minnesota in the name of the
City of Brooklyn Center, for Improvement Project No. 1987 -13
according to the plans and specifications therefor approved by the
City Council and on file in the office of the City Clerk.
2. The City Clerk is hereby authorized and directed to return
forthwith to all bidders the deposits made with their bids, except
that the deposit of the successful bidder and the next lowest
bidder shall be retained until a contract has been signed.
BE IT FURTHER RESOLVED that:
1. The estimated cost of Improvement Project No. 1987 -13 is hereby
amended according to the following schedule:
As Approved As Bid
Contract $ 70,500 $ 57,995
Engineering, Overhead,
and Contingencies (25 %) 17,625
Technical Services (9%) 5,200
Administration (1%) 580
Legal (1 %) 580
$ 88,125 $ 64,355
RESOLUTION NO.
2. The estimated costs to be financed in the Capital Projects Fund as
follows:
Division 48 = $ 9,554
Division 82 = 54,801
$64,355
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.
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION AMENDING THE 1987 GENERAL FUND BUDGET
WHEREAS, Section 7.09 of the City Charter of the City of Brooklyn
Center does provide for a contingency appropriation as a part of the General
Fund Budget, and further provides that the contingency appropriation may be
transferred to any other appropriation by the City Council; and
WHEREAS, the Brooklyn Center Constitution Committee, in commemoration
of the two - hundredth anniversary of the Constitution of the United States, will
lead the City in a celebration of that event on September 17, 1987; and
WHEREAS, as a part of that celebration, the Community Center Social
Hall will be renamed Constitution Hall; and
WHEREAS, the Committee has requested that the City provide fire -works
in Central Park on the night of the dedication; and
WHEREAS, the City Council deems that it is fitting and proper to
celebrate the anniversary of the Constitution in this manner.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center to amend the 1987 General Fund Budget as follows:
Increase the Appropriations for the following line items:
General Recreation Program Entertainment in the Parks (01 -4310- 348 -65)
$4,500
Decrease the Appropriations for the following line items:
Unallocated Departmental Expense Contingency (01- 4995 - 000 -80) $4,500
Date Mayor
ATTEST:
r
Jerk
The motion for the adoption of the foregoing resolution was duly seconded by
member , and upon vote being taken thereon, the following
voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Member introduced the following
resolution and moved its adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT
BETWEEN METROPOLITAN CLINIC OF COUNSELING, INC. AND THE
CITY OF BROOKLYN CENTER FOR AN EMPLOYEE ASSISTANCE
PROGRAM
BE IT RESOLVED by the City Council of the City of
Brooklyn Center that:
1. The Mayor and City Manager are hereby authorized to
execute an agreement with Metropolitan Clinic of
Counseling, Inc. to provide an Employee Assistance
Program for permanent full -time City employees and
their dependents and household members.
2. The cost of the Employee Assistance Program shall
not exceed $2,016 for the 1987 -1988 contract
period.
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly
seconded by member , and upon vote being taken
thereon, the following voted in favor thereof:
and the following -voted against the same:
whereupon said resolution was declared duly passed and adopted.
MEMORANDUM
TO: Gerald G. Splinter, City Manager
FROM: Geralyn R. Barone, Personnel Coordinatorpy
DATE: June 18, 1987
SUBJECT: Employee Assistance Program
In 1977, the Brooklyn Center City Council adopted a "Statement of Policy for the
Employee Assistance Program." The policy (attached) established a program in
Brooklyn Center and defines the purpose of the program.
The policy established a procedure whereby employees experiencing chemical,
financial, marital, or other problems which may affect job performance could
voluntarily seek professional diagnostic and referral services. When possible,
employee benefits, such as sick leave and hospitalization, can be used for
treatment or counseling. All contact with the diagnostic and referral service
is confidential.
One other option available under the program is a supervisory referral, in
contrast to the self referral, under which the employee voluntarily uses the
service; under a supervisory referral, a supervisor may refer an employee to the
diagnostic and referral service if job performance is affected.
The City Council selected the Metropolitan Clinic of Counseling, Inc. to provide
diagnostic and referral services under the City's program. The service is
provided through an annual contract paid by the City and there is no direct
charge to employees. If an employee is referred to some form of treatment and
the employee chooses to participate in the recommended treatment, such cost is
assumed by the employee or his or her medical insurance coverage.
COST OF PROGRAM
The Metropolitan Clinic of Counseling, Inc. offers a fee schedule to public
sector employers which is based on a utilization rate of the program. Private
sector employers are charged a flat rate. Essentially, the cost of a program
with a utilization rate increases as usage increases. The past cost of the
program and the utilization rates are shown in the following table:
CONTRACT PERIOD COST TO CITY UTILIZATION RATE
1977 -1978 $119 (City information not
received a available
90% reim-
bursement
from State
of MN)
1978 -1979 $605 (50% information not
reimburse- available
meat from
State)
-2-
CONTRACT PERIOD COST TO CITY UTILIZATION RATE
1979 -1980 $1,020.00 4.3%
1980 -1981 $1,476.00 7.3%
1982 -1983 $ 854.00 less than 1%
1983 -1984 $1,457.50 4.8%
1984 -1985 $1,166.25 3.2%
1985 -1986 $1,250.00 3.2%
1986 -1987 $ 937.50 1.6%
The fee schedule for the 1987 -1988 period will increase over the 1986 -1987
period by less than 7 percent and is as follows:
Base retainer fee $8.00 x 126 = $1,008.00
(0 - 3% utilization)
UTILIZATION FEE
3.01 - 4% usage $10.67 /employee = $ 1,344.42
4.01 - 5% usage $13.33 /employee = $ 1,679.58
5.01 - 6% usage $16.00 /employee = $ 2,016.00
6.00% or more = Maximum Fee $16.00 /employee = $ 2,016.00
Maximum cost of the program will not exceed $2,016.00.
HOW THE PROGRAM WORKS
The services to employees provided by the Employee Assistance Program include an
assessment of the problem and its severity, the development of an individualized
treatment plan, assistance in obtaining appropriate and effective treatment, and
follow up to review the treatment results. If the employee and the employee
assistance counselor decide that further professional treatment is advisable,
the cost of future treatment will be the responsibility of the employee or his
or her insurance provider.
A confidential summary report of the 1986 -1987 contract period is attached to
this memorandum.
Other services offered by this Employee Assistance Program are a series of
seminars which can be offered to employees at no charge to the City. Current
seminar topics include stress management, physical fitness, building healthy
relationships, and nutrition basics.
RECOMMENDATION
During the 1982 -1983 contract period the program was used by only one employee.
As a result, the City Council requested that the utilization of the program be
monitored for the 1983 -1984 contract period. The utilization had increased
substantially for the 1983 -1984 contract period, and the level of use has been
maintained since then. Therefore, the staff is recommending renewal of the
Employee Assistance Program through Metropolitan Clinic of Counseling, Inc.
STATEMENT OF AGREEMENT
BETWEEN
METROPOLITAN CLINIC OF COUNSELING, INC.
AND
CITY OF BROOKLYN CENTER
This agreement is for the period July 1, 1987 to June 30, 1988. In
this agreement the term EMPLOYER refers to City of Brooklyn Center and
MCC refers to Metropolitan Clinic of Counseling, Inc.
1. SERVICES. Metropolitan Clinic of Counseling (MCC), has agreed to
provide diagnostic services (problem assessment and initial counseling)
and referral services (motivational counseling, referral to competent
care and follow -up) to all employees of the EMPLOYER, to the employee's
dependents and household members.
2. SERVICE AVAILABILITY. Diagnostic and referral services will be
available from any of the Metropolitan Clinic of Counseling's seven
office locations in the Minneapolis -St. Paul metropolitan area and two
days a week in Northfield. Emergency and after -hours calls will be
responded to by a professional staff member on a 24 -hour daily basis.
3. ADDITIONAL SERVICES. MCC agrees to periodically provide to the
EMPLOYER brochures aimed at maintaining employee awareness. MCC agrees
to periodically provide to the EMPLOYER a statistical report regarding
utilization of the services.
4. EMPLOYER RESPONSIBILITIES. To assure adequate acceptability and
utilization of these diagnostic and referral services, the EMPLOYER
agrees to participate in program exposure and employee education of the
services available. Mailings to employees shall be the expense of the
EMPLOYER. The EMPLOYER agrees to provide a list of names of employees
covered under this program. The EMPLOYER agrees to provide MCC with a
copy of its current hospitalization and health insurance policies which
are relevant.
5. FEE. The base retainer fee for the agreement period is $1,008.00. The
base retainer fee is based upon the per employee rate of $8.00++ for
126 employees. The base retainer fee will cover all diagnostic and
referral services up to a 3.00% annual utilization.
The utilization fee will be billed for each one percent or portion
thereof increase in the utilization above that covered in the base
retainer fee, in accordance with the following retainer schedule:
Base Retainer Fee: 8.00 /employee = $1,008.00
(3.00% usage)
3.01 - 4.00% 10.67 /employee = $1,344.42
4.01 - 5.00% 13.33 /employee = $1,679.58
5.01 - 6.00% 16.00 /employee = $2,016.00
6.00% or more = Maximum Fee 16.00 /employee = $2,016.00
Submission of an invoice for the utilization fee will be made, at MCC's
discretion, when it is ascertained that the annual utilization will be
within any of the listed utilization categories or at the conclusion of
the contract period.
Invoices are due and payable within (30) days of invoice date. Past
due accounts are subject to 1 1/2% per month service charge, which is
Is 1 er ann
k?�L i��
METROPOLITAN CLINr OF COUNSELING, INC. DATE
CITY OF BROOKLYN CENTER DATE
Statement of Policy
Employee Assistance Program
City of Brooklyn Center -
The City of Brooklyn Center recognizes. that a wide range of problems, not
directly associated with an employee's job responsibilities, can affect job
performance. In most cases, the employee will overcome such personal
problems independently and the employee's job performance will not be
affected.
In other cases, usual supervisory assistance or discipline will serve to
motivate or guide the employee to solve his or her problems and the employee'.s
job performance will return'to an acceptable level. In some instances, neither
the efforts and resources of the employee nor the guidance by the supervisor
has the desired effect of resolving the employee's problems. In such cases,
unsatisfactory job performance may persist over a period of time, either on a
constant or intermittent basis.
The City of Brooklyn Center believes it is in the best interest of the employee
the employee's family and the City to provide an employee service which deals
with such persistent problems. Beginning June 15, 1977 it is - the policy of the
City of Brooklyn Center to handle such employee problems within the following
framework;
1. The City of Brooklyn Center is concerned with the health and '
well -being of its employees but it has no desire to interfere
with employees' private lives. The administration will be
concerned with an employee's personal problems only when job
performance is adversely affected or when problems reflect dis-
credit on the City.
2. This policy applies to all regular full -time employees of the
• City of Brooklyn Center regardless of their job title or
responsibilities.
- 3. The program is available to families and dependents of
employees as well as the employees themselves since it
Is recognized that problems at home can have an adverse
effect on an employee's ability to function while at work.
• 4. If employees or their dependents. realize that they have
personal problems that may benefit from the assistance
provided by the Employee Assistance Program, they are
encouraged to seek assistance on their own and will be
supported in efforts to do so.
S. Participation in the program will not jeopardize an employee's
Job security, promotional opportunities, .!or reputation..
Page 2
St Aement of Policy
Employee Assistance Program
6. All records and discussions of personal problems will be
handled in a confidential manner as are other medical records.
Records will be kept by the diagnostic and referral agency and
will not become part of the employee's personnel file.
7. Past experience shows that a significant portion of the problems
encountered in such programs are related to problems involving
the use of alcohol and /or other drugs. It will be a policy of the
City of Brooklyn Center that chemical dependency is generally
recognized as a treatable illriess and assuming the cooperation of
the employee in treatment, will be dealt with as such.
8. When performance problems are not corrected with normal super-
visory attention, employees may be referred to assistance to M
determine if personal problems are causing unsatisfactory per -
formance. If performance problems are corrected, no further
action will be taken_. If performance problems persist, the
employee will be subject to normal corrective procedures.
9. In cases where it is necessary, employees may be granted sick
leave, vacation or unpaid leave of absence for time for treatment
or rehabilitation on the same basis as it is granted for health or
disability problems.
10: Employee compliance with the program is strictly voluntary. If
an employee is referred to the Employee Assistance Program in
lieu of other corrective or disciplinary measures and chooses
not to participate in the Employee Assistance Program, then
normal corrective measures will apply. Refusal to participate
cannot be used as evidence to evaluate job performance.
11. There is no charge for the diagnostic and referral services,
however, if costs are incurred for rehabilitation services that are
not covered by insurance or other benefits, that cost will be the
responsibility of the employee.
12. The program is not designed to provide ongoing treatment or
counseling, but rather to provide early identification, motivation,
and referral to appropriate care - giving resources in order to
facilitate the resolution of any serious personal problems the
employee might have.
13. This policy does not alter or replace existing administrative
Policy or contractual agreements, but serves as an adjunct to
assist in their utilization.
METROPOLITAN CLINIC OF COUNSELING EMPLOYEE ASSISTANCE PROGRAM
FEATURES
• Program
Assessment, referral, and short -term counseling for employees and family
members. No predetermined limit on the number of counseling session per
client.
Training of supervisors (2 hour sessions), orientation of employees (20
minute sessions), and annual update sessions tailored to the needs of
your company.
Quarterly awareness /education brochures and posters plus additional
promotional tools such as phone stickers and wallet cards.
Seminars on topics of wellness, including: stress management, nutrition,
fitness, and communications.
Consultation with supervisors and management when employees are having
performance problems and when strategies and policies related to
employee assistance need definition, refinement, and /or implementation.
Monthly tally reports and a detailed annual report which summarizes all
aspects of program utilization.
A single low, fixed fee which covers all services.
Ten years of employee assistance program experience. Presently
contracted by 85 employers, with a total employee population of over
33.500 members. The vast majority of these companies have utilized our
services for at least five years.
Staff
A clinical staff of more than g0 mental health and chemical dependency
counselors, psychologists and psychiatrists. A crisis team accessible
24 hours per day.
All EAP Counselors have a minimum of a Master's Degree, and an extensive
background of counseling experience.
• Locations
Seven Twin Cities locations with daytime, evening and Saturday hours.
Located in: St. Louis Park, Blaine, Coon Rapids, Brooklyn Center,
Burnsville, Downtown St. Paul, and Downtown Minneapolis. Outstate
clinics in St. Cloud and Northfield.
A statewide and national toll -free 800 number for clients outside the
Twin Cities. Assessment and referral services for clients in distant
locations through an extensive network of affiliated providers.
-over-
METROPOLITAN CLINIC OF COUNSELING EMPLOYEE ASSISTANCE PROGRAM
BENEFITS
• To Employees and their Families
The most obvious barriers to addressing personal problems are eliminated
by providing help which is convenient, free and confidential.
Professional services, extensive training, wellness seminars and
frequent program reminders help keep personal problems from becoming job
performance problems.
• To Supervisors and Management
Through formal training and informal consultation, supervisors gain a
clear understanding of the mechanics of the referral process. They
learn the consequences of ignoring employee performance problems or of
attempting to be counselors themselves, and adopt instead proven and
effective supervisory intervention techniques.
• To Company Coordinators
Because our program is comprehensive and self sustaining, th
P g, e
responsibilities and efforts of the company coordinator are minimal. We
fully accept our responsibility to manage this program, and know that
the company coordinator needs complete trust in our ability to do so.
Because we thoroughly document program utilization and provide detailed
monthly utilization reports, the company coordinator is able to see the
actual results of all the training, consultation and promotional
activities. In short, we provide both the programs and the tools to
measure the effectiveness of these programs. If at any time our reports
indicate that we need to provide greater program visibility or other
additional services, we are always ready and willing to do so.
• To the Company
Every company invests substantial time and money in its employees. By
maintaining and promoting an effective employee assistance program, a
company significantly increases its potential for retaining valued
employees. Investments are protected, re- hiring costs are averted.
Our program helps keep smaller problems from becoming larger problems
and does so in a very affordable manner. Affordable not only due to a
low, fixed cost per person, per year, but also because MCC utilizes a
cost - sensitive HMO concept to all assessment, counseling and referral
services. We are committed to providing the most cost effective and
expedient response to personal problems, and are able to do so without
sacrificing quality.
Finally, when employees know that the company cares enough to provide
this kind of help, morale and productivity improve.
-over-
Metropolitan Clinic of Counseling, Inc.
Suite 325N
Court International
2550 University Ave. W.
St. Paul, MN 55114
(612) 641 -0578
Employee Assistance Program 7N,llzn)
�r-
MontIlly Progress Report for
City of Brooklyn Center
Through May 31, 1987
Number of Referred by Self Drug /Alcohol
Month Clients Employees Dependents Supervisor Referral Related
Jul 86 0 0 0 0 0 0
Aug 86 0 0 0 0 0 0
Sep 86 0 0 0 0 0 0
Oct 86 0 0 0 0 0 0
Nov 86 1 1 0 0 1 0
Dee 86 0 0 0 0 0 0
Jan 87 0 0 0 0 0 0
Feb 87 0 0 0 0 0 0
Mar 87 0 0 0 0 0 0
Apr 87 1 1 0 0 1 0
May 87 0 0 0 0 0 I
Year —to —Date 2 2 0 0 2: 0
r
Please call me if you have any questions.
Account manager
This report is based on information as it is presented by the clienrs initial telephone call to our office. It is possible that this information will change
during the assessment process. The most complete and accurate data will be recorded on our detailed statistical report, prepared at the end of your
contract year.
,
•
October 31, 1986
Ms. Geralyn Barone
Personnel Coordinator
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
Dear Geralyn:
For the past two years our EAP rate has been between $7.50 and $15.00
(depending on utilization). In order to maintain our present
standards, and to adequately fund future program enhancements, it is
now necessary to increase that rate to between $8.00 and $16.00 (an
increase of less than 7 %). This change will take effect at the time of
your 1987 -88 renewal, and has no impact on your 1986 -87 contract.
This new rate will be broken down as follows: up to 3.0% utilization =
$8.0 0/employee, between 3.01% and 4.0% utilization = 10.67 /employee,
between 4.01 and 5.0% utilization = $13.34, over 5.0% utilization =
$16.00 /employee.
Over the past two years Metropolitan Clinic of Counseling has
incorporated numerous enhancements in the service delivery, training
and promotional components of our Employee Assistance Program. In
preparing our recent seminar "Getting the Most Out of Your Employee
Assistance Program ", we realized just how far we have come since we
offered our first EAP in 1976.
When budgeting for the 1987 -88 contract year, please note that this
rate increase can be substantially offset by taking advantage of the 5%
discount that is offered when a full year's payment is received at the
beginning of the contract term.
We hope you will agree that this is a nominal increase. We intend to
continue providing services at this rate for the forseeable future.
Sincerely,
R. Lee Mauk
Director, Employee Assistance Programs
SUITE 400 1401 W. 76TH STREET MINNEAPOLIS, MN 55423 (612) 866 -6337
MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF
HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
JUNE 11, 1987
CITY HALL
CALL TO ORDER
The Planning Commission met in regular session and was called to order by Chairman
George Lucht at .
2 m
g 7 3 p
ROLL CALL
Chairman George Lucht, Commissioners Wallace Bernards, Lowell Ainas, and Ann
Wallerstedt. Also present were Director of Planning and Inspecton Ronald Warren
and Mary Lou Larsen, Recording Secretary. Chairman Lucht noted that Commissioners
Carl Sandstrom and Molly Malecki were unable to attend this evening's meeting and
were excused, and that Commissioner Mike Nelson would be late.
APPROVAL OF MINUTES - May 21, 1987
Motion by Commissioner Ainas seconded by Commissioner Bernards to approve the
minutes of the May 21, 1987 Planning Commission meeting as submitted. Voting in
favor: Chairman Lucht, Commissioners Bernards, and Ainas. Voting against:
none. Not voting: Commissioner Wallerstedt, as she was not in attendance at that
meeting. The motion passed.
APPLICATION NO. 87009 (Independent School District No. 279)
Following the Chairman's explanation, it was noted the applicant was not present and
the Commission should move on to the discussion item.
DISCUSSION ITEM
a) Regulations Concerning Nursing Homes
g g g
The Secretary reviewed a memo from Sanitarian Tom Heenan regarding repealing the
Nursing Home Ordinance because Minnesota Statutes 144.653 makes the State Health
Department the exclusive State agency for the regulation of nursing homes. He
stated that the Santarian's office does license and inspect the food service in
nursing homes. The Sanitarian also recommends that landscaping should be included
in the conditions for the special use permit.
The Secretary stated that Brooklyn Center has only one nursing home which has been
licensed under City Ordinances in the past. The City is not, however, pursuing
licensing for 1987. The Secretary suggested an amendment to Chapter 23 of the City
Ordinances regarding nursing homes.
Commissioner Nelson arrived at 7:45 p.m.
Further discussion ensued regarding nursing homes. Density requirements were
reviewed by the Secretary and it was noted a minimum of 1 acre of land is required for
every 50 beds. Also, there should be adequate open space provided on the site.
The Secretary asked for direction from the Commission as to how to proceed with the
sanitarian's request. Chairman Lucht asked where this would be defined in Chapter
35. Commissioner Wallerstedt asked for clarification for the definition of
6 -11 -87 -1-
�Y
4
boarding care site. The Secretary stated that boarding care is generally a group
home facility. Group homes are also required to be licensed by the State. He
explained that group homes are regulated by the City under the Housing Maintenance
and Occupancy Ordinance.
Commissioner Bernards inquired what problem prompted the Sanitarian's memo. The
Secretary stated that the City was pursuing the licensing of the nursing home under
City Ordinances when the Sanitarian advised that State Statutes preempted the City
licensing provisions and recommended repeal of the ordinance.
Commissioner Ainas stated nursing homes should be regulated in the Zoning Ordinance
and agreed that repealing the ordinance would satisfy the Sanitarian's request, but
legislation would be a better way to address nursing homes.
It was the consensus of the Commission to direct staff to draft an ordinance
amendment incorporating density and open space provisions for nursing homes under
the Zoning Ordinance.
APPLICATION NO. 87009 (Independent School District No. 279)
Following the discussion item, the Secretary introduced the first item of business,
a request for special use permit approval to operate a child care program for ages K
through 4th grade during early morning and late afternoon hours at the Cross of Glory
Church, 5929 Brooklyn Boulevard. The Secretary reviewed the staff report (see
Planning Commission Information Sheet for Application No. 87009 attached). It was
noted by the Secretary that Condition No. 5 should read the applicant not,the
church, shall obtain a food establishment license prior to the issuance of the
special use permit.
A memo from the Building Inspector regarding his recommendations was also reviewed.
The Secretary stated that a public hearing is required and notices have been sent to
surrounding property owners. He also noted that the applicant was present to
answer any questions.
The Secretary explained that the children will be bussed from church to school and
returned from school to the church.
Commissioner Bernards asked if this would be for morning kindergarten, afternoon
kindergarten, or both. The Secretary responded it would be for morning only.
Commissioner Bernards asked if the day care center would be in operation on
nonschool days.
Chairman Lucht then called on the applicant to speak. Mr. Lee Skavanger,
representing Independent School District No. 279, stated the child care center
would be operated on nonschool days as well, and that during the summer months the
program would be run out of the schools. He explained that they have 6 sites that
have child care programs; three are in churches in Maple Grove and the other three
are in District schools. Prinicipals from Garden City and Orchard Lane Schools
requested this child care program. Mr. Skavanger stated there will be a number of
activities provided: use of a computer, field trips on nonschool days (one each
week) and open structure. With more and more working parents there is a need for
good child care. Supervisors of this child care center are well qualified. He
noted they may not be using the kitchen at Cross of Glory Church to provide meals for
the children. Toasters and packaged foods may be used. The Secretary stated the
decision of whether or not a food establishment license is needed would be left up to
the City's Sanitarian.
6 -11 -87 -2-
y :
Mr. Skavanger stated there could be 30 to 45 children at one time in the day care
center. The staff would consist of 1 to 12 employees, depending on the enrollment.
Commissioner Bernards asked if all activities would be inside the church. Mr.
Skavanger stated they may use the parking lot (in back of the school) for playground
activities as the children do need to be out -of -doors for play. Commissioner
Bernards agreed.
PUBLIC HEARING
Chairman Lucht then opened the meeting for a public hearing and asked if anyone
present wished to speak regarding the application.
William Clinton, of 5956 Admiral Lane, stated he was concerned about the traffic in
the neighborhood resulting from parents dropping off and picking up the children.
When there have been other activities at the church people park in the street instead
of the church parking lot and have blocked his driveway so that he cannot get his car
out. Another concern would be the possibility of the children running through the
neighborhood. Mrs. Lorraine Clinton explained she also is concerned with traffic
and inquired if they could have a "resident parking only" sign posted. She stated
people coming to the church should use the parking lot instead of the street. The
Secretary stated that it is very difficult to enforce resident only parking on City
streets and that the City has not used this type of signing in the past.
Commissioner Bernards asked Mr. Skavanger to communicate with parents in educating
their children to respect property in the neighborhood around the church, and
suggested that the parents of children in the program be advised of neighbor's
concerns regarding parking on the street.
Commissioner Wallerstedt stated the Clintons should be able to approach the
applicant with future problems. Mr. Skavanger asked Mr. and Mrs. Clinton for their
address and telephone number so he could communicate with them in the future
regarding any concerns they may have.
The Secretary stated that there appears to be ample on -site parking available in the
church parking lot for activities conducted at the church. He noted that the
problem really is that people want to park as close as possible to the building. In
some cases it is more convenient for people to park on the streets, such as Admiral
Lane and Ewing Avenue, than to park in the far extremes of the church parking lot.
Signs indicating "no parking during church services" are posted in some areas.
However, the only effective, enforceable method is to prohibit parking totally on
these streets, which also becomes an inconvenience for the neighbors. He added
that he did not believe the child care program would necessarily aggrevate the
problem, but that the applicant should be responsible for responding to these
concerns by pointing out the problems to the users of the program and seeing to it
that it does not become a problem in the future.
CLOSE PUBLIC HEARING
Motion by Commissioner Nelson seconded by Commissioner Ainas to close the public
hearing. Voting in favor: Chairman Lucht, Commissioners Bernards, Ainas,
Nelson, and Wallerstedt. Voting against: none. The motion passed.
ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 87009 (Independent School District
No. 279)
Motion by Commissioner Nelson seconded by Commissioner Ainas to recommend approval
of Application No. 87009 subject to the following conditions:
6 -11 -87 _3_
1. The standards for a special use permit are deemed to be met on the
basis of the following:
a) the proposed child care operation will enhance the general
public welfare by providing needed child care services in a
safe location.
b) the proposed child care center should have no detrimental
effect on adjacent properties.
c) traffic entering and exiting the site are expected to travel
predominately via Brooklyn Boulevard rather than local
neighborhood streets.
2. The permit is issued to the applicant as operator of the facility
and is nontransferable.
3• The permit is subject to all applicable codes, ordinances and
regulations and any violation thereof shall be grounds for
revocation.
4. The operation is limited to the main floor of the church building
for reasons of exiting and fire safety.
5. The applicant shall obtain a food establishment license as
determined by the Sanitarian prior to the issuance of the special
use permit.
6. The applicant shall comply with all code requirements pertaining
to exiting, etc. in the Building Inspector's memo of June 9, 1987
prior to issuance of the special use permit.
Voting in favor: Chairman Lucht, Commissioners Bernards, Ainas, Nelson, and
Wallerstedt. Voting against: none. The motion passed.
A discussion ensued regarding upcoming business items for the July 16 Planning
Commission meeting.
ADJOURNMENT
Motion by Commissioner Ainas seconded by Commissioner Nelson to adjourn the meeting
of the Planning Commission. Voting in favor: Chairman Lucht, Commissioners
Bernards, Ainas, Nelson, and Wallerstedt. Voting against: none. The motion
passed. The Planning Commission adjourned at 8:28 p.m.
Chairman
6 -11 -87 -4-
Planning Commission Information Sheet
Application No. 87009
Applicant: Independent School District No. 279
Location: 5929 Brooklyn Boulevard
Request: Special Use Permit
The applicant requests special use permit approval to operate a child care program
for ages K through 4th grade during early morning and late afternoon hours at the
Cross of Glory Church, 5929 Brooklyn Boulevard. The property in question is zoned
RI and is bounded by Admiral Lane on the north, by Brooklyn Boulevard on the east, by
a three - storey office building, a residence, and 58 1 /2th Avenue North on the south,
and by Ewing Avenue North and two residences on the west. Child care uses have
traditionally been allowed in churches by special use permit. Special use permits
are subject to the standards contained in Section 35 -220 subsection 2 (attached) .
There is presently an approved nursery school in operation at the church.
The applicant has submitted a narrative describing the proposed activity at the
Cross of Glory Church. The narrative calls the operation Kidstop and explains that
it would be for school age children attending Garden City and Orchard Lane
elementary schools. The narrative explains that the child care center would
operate before and after school hours. Kindergartners attending morning
kindergarten would be brought back to the Church at about noon where they would stay
for the rest of the day. During the summer, the program would be held at one or both
of the elementary schools. The narrative points out that the program would operate
Monday through Friday during the regular school year, plus non - school days. The
narrative concludes by stating that the church site is oriented toward indoor
activities, including reading, arts and crafts, tapes, computer education and
indoor games, etc. The program is educational in content, not simply a babysitting
service. Estimated enrollment is approximately 40 children.
Regarding the Standards for Special Use Permits, staff would point out that the site
is well suited to educational activities, being an institutional R1 use. The
proposed use should enhance the general public welfare by providing child care
services to working families. No detriment to neighboring properties should
result from the proposed child care use. Traffic to and from the church is expected
to enter and exit the site primarily from an arterial street, Brooklyn Boulevard,
rather than from the abutting residential streets since all children should be
coming from the north. The special use standards, therefore, appear to be met in
this case.
The City's chief concern is with the location in the building of the proposed child
care operation. The applicant originally proposed to use a 6,000 sq. ft. room
within the basement of the church. However, the change in occupancy of this space
to an educational use opens the space up to a requirement to retrofit the room to meet
building code requirements. These requirements include providing fire sprinklers
and at least one exit immediately to the exterior. This would involve significant
expenditure for the church. An alternate location on the main floor has also been
inspected and is suitable with only minor modifications. Staff recommend that the
operation locate only on the main floor.
In addition to building code concerns, the proposed operation will be required to
obtain a food establishment license from the City in order to serve meals to the
children at the church. The church's existing kitchen should meet the requirements
for the license.
6 -11 -1987 -1-
Application No. 87009 continued
In light of the above, staff recommend approval of the proposed special use permit, •
subject to at least the following conditions:
1. The standards fora special use permit are deemed to be met on the
basis of the following:
a) the proposed child care operation will enhance the general
public welfare by providing needed child care services in a
safe location.
b) the proposed child care center should have no detrimental
effect on adjacent properties.
c) Traffic entering and exiting the site are expected to travel
predominantly via Brooklyn Boulevard rather than local
neighborhood streets.
2. The permit is issued to the applicant as operator of the facility
and is nontransferable.
3. The permit is subject to all applicable codes, ordinances and
regulations and any violation thereof shall be grounds for
revocation.
4. The operation is limited to the main floor of the church building
for reasons of exiting and fire safety.
5. The church shall obtain a food establishment license prior to
issuance of the special use permit.
6. The applicant shall comply with all code requirements pertaining
to exiting, etc. in the Building Inspector's memo of June 9, 1987
prior to issuance of the special use permit.
6 -11 -87 -2-
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WANGST
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MEMORANDUM
TO: Gerald G. Splinter, City Manager
FROM: Ronald A. Warren, Director of Planning and Inspection It�c•��
DATE: June 18, 1987
SUBJECT: Recommendation to Deny the Renewal of the Rental Dwelling License for
4010 65th Avenue North (Joe R. Hamm)
On the June 22, 1987 City Council agenda is consideration of my recommendation that a
license requested by Joe R. Hamm to operate the rental dwelling at 4010 65th Avenue
North not be renewed. The basis for this recommendation is noncompliance with
Section 12 -905 of the Housing Maintenance and Occupancy Ordinance.
Section 12 -905 (copy attached) regarding conformance to laws states: "No operating
license shall be issued or renewed unless the rental dwelling and its premises
conform to the ordinances of Brooklyn Center and the laws of the State of Minnesota.
On November 22, 1982 the City Council approved Planning Commission Application No.
82044 which was a request by Joe Hamm for site and building plan approval of a
three -unit residential building at 4010 65th Avenue North (a copy of that
application form signed by Mr. Hamm is attached). A preliminary plat (Application
No. 82041) proposing to create an approximate 11,400 sq. ft. lot on which the three-
unit building would be built was also approved on the same date. Final approval of
this subdivision was subsequently granted by the City Council and the final plat
filed with the County.
Mr. Hamm was very much aware that his subdivision , g q given the requirements of the
Zoning rdinance for
6 s . ft.
g 3 , 00 q of land area per dwelling unit, would only allow
three dwelling units on his site. The approved plan he submitted called for three
two- bedroom dwelling units, two units on the upper level, and one unit on the lower
level. A recreation room and storage, laundry and utility room would also be
located on the lower level.
A building permit to construct a three -plex was issued on January 17, 1983 and a
final inspection was made on September 29, 1983 (see copy of attached property card
for 4010 65th Avenue North). In October of 1983, the Building Inspector became
concerned while reviewing the building for the initial rental dwelling license,
that the recreation room could be easily converted into an efficiency, or fourth,
dwelling unit contrary to the approved plan. A certified letter was sent to Mr.
Hamm on October 19, 1983 (copy attached) to clarify the point that three dwelling
units were the maximum permissible under City Ordinances and to seek assurances that
he was aware of this limitation.
Mr. Hamm took exception to the letter in a phone conversation I had with him on
October 24, 1983 but did acknowledge to me that he was aware of the fact that three
units was the maximum allowed by ordinance (see my memo to file dated October 24,
1983) • Mr. Hamm was not certain whether he would respond in writing to my request
for a written acknowledgement of this fact.
The initial rental dwelling license request was then put on the City Council agenda
of November 21, 1983 with a written explanation as to the staff's concerns.
Following discussion of the matter, the City Council authorized the issuance of the
initial rental dwelling license for a three -unit building to Mr. Hamm. Attached
are copies of the City Council's November 21, 1983 minutes and my November 17, 1983
memo relating to this matter.
The rental license was renewed in June 1985 following an inspection of the premises.
In the fall of 1985 the question of occupancy of the recreation room as a dwelling
unit again came up. The Building Inspector reviewed the situation, but was unable
to get into the recreation room during two inspections conducted on October 31, 1985
and November 12, 1985 (see copies of inspection reports No. 88663 and No. 85197).
The first inspection report indicates that the recreation room appeared to be
occupied as a dwelling unit and the second report shows that a discussion with one of
the tenants living in the building indicated that four units were being occupied.
The Inspector, in a phone conversation, was told by Mr. Hamm that the entire lower
level was being rented out to one tenant and that he considered the lower level to be
only a single dwelling unit. No further action was taken until a rental license
renewal inspection was done in April, 1987. The Building Inspector again raised
the question about the discrepancy between three or four dwelling units and, in a
memo dated April 22, 1987 reported his belief that four dwelling units were being
occupied because of four separate doorbells; four mailboxes at the front door with
four different names; and the fact that the reverse telephone directory listed four
units with four different telephone numbers. The Building Official did additional
followup and on May 6, 1987 had a discussion with a tenant living at 4010 65th Avenue
North who confirmed that four separate dwelling units were being used (see
Inspection Report No. 90396 attached).
Both the Housing Maintenance and Occupancy Ordinance (Chapter 12) and the Zoning
Ordinance (Chapter 35) define a dwelling unit as: "a single residential
accommodation which is arranged, designed, used or intended for use exclusively as
living quarters for one family; must include complete permanently installed kitchen
facilities." The Building Officiall believes that the supposed recreation room is
being used as a dwelling unit making four dwelling units at 4010 65th Avenue North,
contrary to the maximum of three dwelling units allowed by the Zoning Ordinance and
the licensing for this building.
Section 23 -001 through 23 -013 of the City Ordinances are the general licensing
ul
ations o f th e City regulations (attached). Section 23 -002 sets forth the application
)
Y tached
l
scat
ion fora license be
submitted
that an application - requires t
procedure. Section 23-003 req P
to the appropriate municipal officer for review and comment and assurance that
ordinance requirements have been complied with. In addition, this section
requires the municipal officer when recommending disapproval of the license request
to furnish the City Council in writing the reasons for the disapproval.
Section 23 -006 states: "that the City Council may suspend or revoke any license
issued pursuant to the ordinance if the Council finds that any of the following
ever occur; provided, however, that the licensee shall be given notice of the
proposed revocation or suspension and be provided an opportunity to appear before
the Council and be heard:
1. That the licensee has knowingly made false statements in or regarding his
application.
2. That the licensee or his agents have violated or failed to comply with
ordinance provisions, statutes, or legal directives pertaining to the
regulation of activities authorized by the license.
3. That the licensee has failed to correct or remove, within a reasonable
period, ordinance violations after receipt of notice to do so.
4. That the continued effectiveness of the license constitutes a substantial
threat to the public peace, health, safety or welfare.
It is my opinion that all of the above standards have been violated by Mr. Hamm in
regards to his rental dwelling license. He has knowingly made false statements
regarding his license application as evidenced by his signed application for
license renewal of a rental dwelling containing three dwelling units while he is
operating four dwelling units (copy attached).
He has failed to comply with ordinance provisions of the Zoning Ordinance, limiting
the use of the property to three dwelling units, even after being advised of this
limitation via certified letter dated October 19, 1983.
He has also failed to correct this violation even after warnings in 1983 and again in
1985, following contact by the Building Official.
I believe also, that the continuance of this violation does constitute a substantial
threat to the public peace, health, safety or welfare because to renew the license in
violation of the Zoning Ordinance restrictions is a matter of a violation of the
City's zoning authority which is designed to regulate the peace, health, safety and
public welfare of the community.
It is my recommendation that the City Council not renew the Rental Dwelling License
for 4010 65th Avenue North; that the licensee be notified of this and advised,
pursuant to Section 12 -910 (copy attached) that he may not rent or rerent any vacant
or hereafter vacated rental dwelling units until such time as a valid operating
license has been restored by the City Council; that the staff be directed to enforce
the previous provision and pursue with the City Attorney the possible prosecution of
misdemeanor violation of the City Ordinances relating to the unauthorized use of
4010 65th Avenue North as a four dwelling residential building.
Pursuant to Section 23 -006 of the City Ordinances, Nir. Hamm has been advised of the
City Council's consideration of this matter through a certified letter sent to him
on June 15, 1987 (copy attached).
Section 12 -904. RESIDENT AGENT REQUIRED. No operating license shall be
issued or renewed for a nonresident owner of rental dwelling units (one who does not
reside in any of the following Minnesota counties: Hennepin, Ramsey, Anoka,
Carver, Dakota, Scott, or Washington) unless such owner designates in writing to the
Compliance Official the name of his resident agent (one who does reside in any of the
fallowing Minnesota counties: Hennepin, Ramsey, Anoka, Carver, Dakota, Scott, or
Washington) � is responsible for maintenance and upkeep and who is legally
constituted and empowered to receive service of notice of violation of the
Provisions of the City Ordinances, to receive orders and to institute remedial
action to effect such orders and to accept all service or process pursuant to law.
The Compliance Official shall be notified in writing of any change of resident
agent..
Section. 12 -905. CONFORMANCE TO LAWS. No operating license shall be
issued or renewed unless the rental dwelling and its premises conform to the
ordinances of '."ooklyn Center and the laws of the State of Minnesota.
Stan 12 -'906. INSPECTION CONDITION. No operating license shall be
issued or renewed unless the owner of rental units agrees in his application pp o t
Permit inspe-otions ,pursuant to Section 12 -1001.
Section 32 - 997. POSTING OF LICENSE. Every licensee of a multiple
dwelling shall cause to be conspicuously posted in the main entry way or other
ennsgie-uous lccation therein the current license for the respective multiple
dwelling.
Section 12 -9+08. LICENSE NOT TRANSFERABLE. No operating license shall be
transferable to another person or to another rental dwelling. Every person holding
an operating .license shall give notice in writing to the Compliance Official within
five business days after having legally transferred or otherwise disposed of the
legal control of any licensed rental dwelling. Such notice shall include the name
and address of the person succeeding to the ownership or control of such rental
dwelling or dwellings.
Section 1212 -909. OCCUPANCY REGISTER REQUIRED. Every owner of a licensed
r eat.al dwelling containing three or more dwelling units shall keep, or cause to be
inept, a current register of occupancy for each dwelling unit which provides the
fo1lowing information:
1. welling unit address;
2. :dumber of bedrooms in dwelling unit;
3. tames of adult occupants and number of adults and children (under 18
Years of age) currently occupying the dwelling units;
4. Dates renters occupied and vacated dwelling units;
5. A chronological list of complaints and requests for repair by dwelling
unit occupants, which complaints and requests are related to the
provisions of this ordinance; and
5. A similar chronological list of all corrections made in response to
such requests and complaints.
i:! (Y t,i
Application No._ 82044
Please .Print Clearly or 1yL
Street Location of Property 4010 -65th A North
Legal Description of Property Lot 1, B 1, Hamms Addition
Owner Joe H
Address 7408 Florida Avenue North Phone No. 560 - 3603/535 - 29`
Applicant Same
Address Phone No.
Type of Request: _ Rezoning Subdivision Approval
Variance 1 -4 - Site & Bldg. Plan Approval
Special Use Permit Other:
Description of Request: To b uil d — d ential structure.
The applicant requests prcCeSSing of this application and agrees to pay to the City of
Brooklyn Center, within fifteen 15, days after mailing or delivery of the billing state-
ment, the actual costs incurred by the City for Engineering, Planning and Legal expenses
reasonably and necessarily required by the City for the processing of the application.
Such costs shall be in addition? to the application fee described herein. Withdrawal of
the application siral not re;ieve the applicant of 'Pre obi7gati. n u pay Cos Ls incurred
prior to withdrawal.
Fee $ 100.00 j Applicant'_ Sisnature
Receipt No. 59693 Date: �� -
PLANNING CUMIMISSiON REMMIINIDATION�
Dates of P.C. Corsider•ation: 1� - eZ
P.pprvved Denied this day of _ 193 subject to the
following conditions:
Chai
CITY COUNCIL ACTION
Dates of Council Consideration:
A;.proved� Denied this day of 19 with the following
amenament:
— Clerk
Ul Form No. 18 (over please)
DATE DATE
v PERMIT PERMITEE /WORK PERMITTED ISSUED FINALED
a
20455 DanMor, Inc. Construct 3 -flex 1 -17 -83 f -O-z�
a, 10972 June Plbg. New Plbg. System & 2 -18 -83 y - 7
Gas Piping
W 7348 Mik -Lyn Elec. New Elec. Systems 3 -3 -83 /0'/'3
U 11273 June Plbg. & Htg. Install Heating 3 -11 -83
7378 Mik -Lyn Elec. Additional Fee 4 -4 -83
15741 June Plbg. Water & Sewer 4- 21- 83 - fs3
1532 June Plbg. Water Meter 9 -2 -83 9
U.
83 -108 BML Builders, Inc. Certificate of Occupancy 9 -29 -83 --
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CITY OF BROOKLYN CENTER, MN. MASTER PROPERTY CARD P/I Form 30
A
MEMORANDUM
TO: Gerald G. Splinter, City Manager
FROM: Ronald A. Warren, Director of Planning and Inspecti n
DATE: November 17, 1983
SUBJECT: Rental Dwelling License for 4010 65th Avenue North
Among the list of licenses recommended for City Council approval on November 21,
1983 is a rental dwelling license for Joe Hamm to operate a three -unit apartment
complex at 4010 65th Avenue North.
Although the rental license application submitted for this complex was for a three -
unit building, concerns were brought to my attention by the Building Inspectors
that an intended recreation room was easily convertible to an efficiency or fourth
dwelling unit and that this could be done without the knowledge of the City. This
was due to some subtle, but allo�. to the rec room and storage, laundry
and utility room located on the lower level. Also, one inspector had been told by
a tenant that there were plans to rent the recreation room out in the future.
I felt it was important to seek clarification and confirmation from the owner that
under the existing circumstances such a conversion t:ould not be allowed. Thus, a
certified letter was sent to Mr. Hamm on October 19, 1983 explaining the situation
and requesting written confirmation that he understands that a three -unit dwelling
is the maximum permitted by City Ordinances under current circumstances (copy at-
tached).
Mr. Hamm took
exception to the letter and we discussed the matter in a phone con -
versation on October 24, 1983. During that phone conversation, Mr. Hamm stated
to me that he understood three dwelling units was the maximum allowed, but that
he did not know whether he would respond in writing to my request. Attached is a
copy of an October 24, 1983 memo to the file regarding that phone conversation.
To date the compliance orders and site improvements have been accomplished and the
rental dwelling license is recommended for approval. Although written confirmation
has .not been submitted, I feel the verbal acknowledgement given me on October 24
is sufficient. Mr. Hamm is well a,vare of the ccncerns and has been advised of
the consequences of using the recreation room as a fourth dwelling unit or in a
manner inconsistent with City Ordinances.
Please forward this memo and the attachments to the City Council so they are
aware of the situation when they consider this license request.
mlg
MEMORANDUM
TO: File
40 ROM: Ronald A. Warren, Director of Planning and Inspection '?1
.
DATE: October 24, 1983
SUBJECT: 4010 65th Avenue North
I had a telephone conversation today with Joe Hamm who was upset at receiving my
October 19, 1983 letter to him regarding the apartment complex at 4010 65th Avenue
North. He said he "doesn't have to take that kind of abuse" and he wasn't sure if
he would respond to the letter as requested.
I responded that I didn't see anything abusive about the letter, nor was the letter
intended to be abusive. Rather, the letter was sent for the purpose of clarifying
any possible confusion that might exist regarding the maximum number of units allowed
at that apartment complex and to also request that he acknowledge this fact in writing.
I explained to him that there had been changes to the building which make the rec room
easily convertible into a dwelling unit and that one might believe that the unit is
intended to be used as a dwelling unit. I also explained that one of the inspectors
had been told by a tenant that there were plans to rent the rec room out in the future.
Although this was only "hearsay ", I felt it was necessary to send the letter and
request the written acknowledgement so there would be no confusion regarding the
number of units that could be rented or what would have to be done to allow a fourth
unit.
amm stated that he was aware of three unit limit and noted that the rec room would
of be a desirable rental unit. He also stated that he thought he might use the
rec room for his business, perhaps to have meetings with his salesmen. I informed
him that to use the rec room for his business was also not permitted by the Zoning
Ordinance and should not be contemplated.
I asked Hamm if he intended to comply with the request for a written confirmation.
He said he did riot know, that he would contact his lawyer and again, that he does
not have to take this abuse.
We also discussed briefly the compliance order from the Building Inspector and the
status report of site improvements that were also included with the October 19
letter. I explained that the requirement for screening the parking lot was a con-
dition of site plan approval and must be complied with. He mistakenly thought he
had to plant trees 3' apart to screen the lot. *I told him that honeysuckle is a
shrub, not a tree, and to plant them more than 3' apart would not provide the
parking lot screening required. I also told him that he could plant 8 junipers at
various locations rather than the small alpine currants, the compact pfitzers and
techny arborvitae listed on the plan. The number of trees rather the specie was
what we were concerned about.
Finally, I advised Hamm to contact Andy Alberti, Building Inspector, about questions
he had about parking lot and sidewalk illumination that were listed on the com-
pliance order.
cc: Rental License File
File No. 82044
CITY
OF 6301 SHINGLE CREEK PARKWAY
4 r'
r�4 BROOKLYN CENTER, MINNESOTA 55430
y L w U -i Ali
TELEPHONE 561 -5440
_ j :' >�
E
f - 7.17, -) EMERGENCY— POLICE —FIRE
V � s,..� .�> � 911
October 19, 1983
Mr. Joe Hamm
7408 Florida Avenue North
Brooklyn Park, MN 55428
Re: Apartment Complex at 4010 65th Avenue North
Dear Mir. Hamm:
As you no doubt are aware, the City Council on November 22, 1982 approved Planning
Commission Application No. 82044 which was your request for site and building plan
approval of a th uni apartment complex at 4010 65th Avenue North. A subdivision
of land proposed under Planning Commission Application No. 82041 was given prelimi-
ar Y PP Y Y a pproval b the Ci Council on the same date. That subdivision created a lot
41110 65th Avenue North approximately 11 4U f in ar and subsequently
� 0 sq. t. area was
given final approval by the City Council and filed with the County.
You had been informed at that time, and you were very much aware, that the land
area realized with that subdivision would allow three residential dwelling units on
the property based on the density requirements of the City's Zoning Ordinance. Thus
your proposal, and the plans that were approved by the City Council, called for
three two- bedroom units, two units on the upper level and one unit on the lower
level. 'A recreation room and storage, laundry and utility room all with a common
entrance from the hallway was also to be located on the lower level.
On January 17, 1983 the Building Official issued Building Permit No. 20455 for the
purpose of constructing the three unit apartment complex. The floor plan was
changed somewhat at that time to e separate the recreation room from the storage,
9
laundry and utility room area each then having separate access from the hallway.
The Building Inspector, following his inspection of the property for a rental
dwelling license, has brought to my attention his concern that various subtle
changes have been made to the floor plan which make the recreation room readily con-
vertible into an efficiency or fourth dwellino unit. The utility, storage and
laundry area have been made substantially smaller while the remaining area has been
made to adjoin with the recreation room. These changes and the fact that this area
now has access to an installed bathroom facility and the unit is capable of being
locked from the inside leads one to believe that this area has been arranged,
O esigned and is intended for dwelling purposes. The only things lacking are a
tove and refrigerator.
Mr. Joe Hamm
Page 2
October 19, 1983
ins art of the process f rental licensing, i i
p p cess o a cons ng, I feel it s necessary to again clarify
the following points so that no confusion will exist noti or in the future:
1. The City Council has approved a three unit apartment complex at 4010
65th Avenue North containing three 2 bedroom dwelling units, a
recreation room and a utility, laundry and storage area.
2. The property at 4010 65th Avenue North contains enough land area to
accommodate no more than three dwelling units under the density re-
quirements of the Zoning Ordinance.
3. The amount of on -site parking provided for this building is the
minimum required for a three unit dwelling.
4. That under the present circumstances the recreation room shall not
be used as a dwelling unit or rooming unit either permanently or
temporarily and must remain as a recreation room for use by the
tenants.
5. Any attempt to utilize the recreation room as a dwelling unit or
rooming unit, or in a manner not consistent with City Ordinances,
will be responded to with a citation for a violation of City
Ordinances and prosecuted by the City Attorney.
6. Also, any violation along the lines mentioned above could result
in the revocation of the rental dwelling license that must be
granted to operate this rental dwelling.
If you desire to convert the recreation room space into a dwelling unit you will
need to attach to this property, through platting or registered land survey, ap-
proximately 3,000 sq. ft. of additional land, provide two additional on -site parking
spaces and meet applicable code requirements for a dwelling unit. Such conversion
will require Planning Commission review and City Council approval prior to this
conversion being accomplished.
I feel it is imperative, to process further your rental license application, that
you submit to the City a written acknowledgement confirming your understanding of
the above and that three dwelling units is the maximum authorized under the City
Ordinances at this time. Upon receipt of this acknowledgement your license will be
forwarded to the City Council for their consideration.
Enclosed are compliance orders from the Building Inspector relating to certain
matters that need correcting and also a status report relating to uncompleted site
improvements for which the City is holding a $5,000 performance bond. These
matters should be addressed in accordance with the compliance dates indicated.
0
a
'Mr. Joe Hamm
Page 3
October 19, 1983
If you have questions or comments, or care to discuss this matter further, please
contact me.
Z S *-n rely,
Ronald A. Warren
Director of Planning and Inspection
RAW:mlg
cc: Gerald G. Splinter, City Manager
Patti Page, Licensing Clerk
Rental Dwelling License File
Planning Co ^mission Application File ho. 82044
Enclosures
U11Y Oi BROULYN C1.1I011,- iS 5013001U9
Department of Planning arid Inspection
(612) 561 -5440
HOUSING MAINTENANCE ECKPLIANCE O RDER
OA jk Oc tober 19, 19 83 CO11PLIAkCE DP,TE:._____ November 3, 1
TO: Joe Hamm
7408 Florida Avenue North
Brooklyn Park, MN 55428
-OCATION: 4010 65th Avenue North
COMPLIANCE OFFICIAL: An dre . , J. Alber
The fol1o•, violations of the Ho usin Ma intenance a O O were
cited during a recent inspection of the above prei;;i ses . You are hereby - iVi 7 or1red
that these violations must be corrected on or before the CU- 1PLIANCE DATE indicated.
The premises will be reinspected.
Failure to correct or to make satisfactory arrangements to correct violations may
result ins suspension or revocation of a rental dwelling license, if applicable,
and, in any case, may result in 1SSUdnCC' of a citation which, upon conviction, is
punishable by fine and /or imprisonment.
Section 12- -12.02 of the Ordinance provides for Right of Appeal, when it is alleged
that a Compliance Order is based upon erroneous interpretation of phis Ordinance.
40 he Appeal must he submitted to the Inspection Department, in writing, specifying
he grounds for Appeal, within five (5) business days after service of the order,
and must be accompanied by a filing fee of $25.00 in cash or cashier's check.
FIRST NOTICE
DESCRIPTIO OF VIOLATIONS AND ORDINANCE SECTION
1. Provide exterior illumination of parking lot and sidewalk. 12 -315
2. Erect screening enclosure for rubbish dumpster. 35 -410
3. Provide automatic closer on front entrance door. 12 -703
4. Provide vacuum breaker on water supply for boiler. 12 -601
5. Provicd vacuum breaker on all outside sill cocks. 12 -401
6. Provide indoor security lighting of hallways, corridors to operate automatically
for evening and daytime hours. 12- 504(5)
P/1 Form H -4
Ut III {l 11{U 11I1ti ♦ii r• • - - v I •U.I J.r -
CITY OF BROOKLYN CENTER, HI 55430
STATUS OF REQUIRED IMPROVEMENTS NOTICE
Joe Hamm, Hamm Realty
6301 Zane Avenue North
Brooklyn Park, NN 55429 Date: October 4, 1933
Site Location: 4010 -65th Ave. No.
Amount of Performance Guarantee: $5 ,000.00
Application No. 82044 Approval Date: November 22, 1982
The City holds a Site Performance Agreement and Financial Guarantee for
required improvements at the above site, which has been recently inspected as
to compliance with approved plans, conditions of approval, and applicable
ordinance requirements.
The following improvements must be completed or corrected before release
of the financial guarantee can be made. Please notify this office, in unit ing_,
when the work is finished so another inspection can be arranged.
Please direct questions to this office. (G12) 561 -5440.
DESCRIPTION OF REMAINING IMPROVEMENTS OR CORRECTIONS:
rdscap No landscaping has been installed behind the building. The plan calls
for four (4) Small Alpine Currents, two (2) Compact Pfitzers and two (2) Techny
Arborvitae. Also, a condition of plan approval was the installation of landscape
screening along the east side of the parking lot. We recommend that that land-
scape screening consist of honeysuckle shrubs planted three feet (3') apart along
the east property line.
Other Improvements Trash container must be screened by an opaque screening device.
These improvements should be completed by November 22, 1983, the completion
date for the project. If not completed by then, the plantings should be _
installed in the Spring. The bond for this project will be held until all
plantings have survived one winter.
Sincerely yours,
T
Gary Shallcross
Planning Assistant
cc: F i l e #82044
P/I Form No. 31
Commission. Voting in favor: mayor Nyquist, Councilmembers Lhotka, Scott,
Hawes, and Theis. Voting against: none. The motion passed unanimously.
NOITINTOXICATING LIQUOR LICENSE FOR PIZZA PALACE, 5001 DRFW AVFiVUE NORTH
The City Manager noted that the staff is recommending approval of the
nonintoxicating liquor license for the Pizza Palace.
There was a motion by Councilmember Theis and seconded by Councilmember Hawes to
approve the nonintoxicating liquor license for the Pizza Palace, 5001 Drew Avenue
North. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and
Theis. Voting against: none. The motion passed unanimously.
LICENSES
Councilmember Lhotka stated that he requested the licenses removed from the Consent
Agenda to discuss the rental license for Mr. Joe Hamm. Councilmember Lhotka
referred to the Director of .Planning & Inspection's memorandum regarding the
telephone conversation between the Planning Director and Mr. Hamm on October 19,
1983, and inquired whether he thought Mr. F:amm would comply with request for written
acknowledgment confirming Mr. Hamm Is understanding that the site and building plan
approved by the City Council for 4010 65th Avenue North was for a three unit
apartment complex only. In response to Councilmember Lhotka's inquiry, the
Director of Planning & Inspection stated that he does not think that Mr. Hamm will
acknowledge this fact in writing as requested. Councilmember Lhotka then
expressed a concern that no response was received from DIr. Hamm regarding this
acknowledgement. There was a general consensus among Councilmembers of
displeasure at the actions of Mr. Hamm and also with regard to his actions during the
telephone conversation he had with the Planning Director on October 19, 1983.
The City Manager recommended to the City Council that they pass the rental dwelling
license for Mr. Hamm, but enter into the official record of the Council meeting the
Council's acknowledgement of the communication between Mr. Hamm and Mr. Warren, and
the Council's displeasure at Mr. Hamm Is failure to acknowledge in writing that his
subdivision would allow only three residential dwelling units.
AMUSEP DEVICE — OPERATOR
Pizza Palace — 5001 Drew Ave. N.
AMUSEMENT DEVICE — VM?DOR
Northern Coin Machine 1481 Marshall Ave.
CHRISTMAS TREE SALES LOT
Twin Cities Youth for Christ 5701 Xerxes Ave. N.
FOOD ESTABLISHMENT LICENSE
Canteen Corp. of PIN 6300 Penn Ave_ . S.
Medtronics 6860 Shingle Cr. Pkwy.
ITITERANT FOOD ESTABLIS=7 LICENSE I
B.C. Youth Football 6400 Brooklyn Blvd.
11 -21 -83 -14-
Y- VCHA'TTCAL SYSTE-r-2S LICENSE
lob *d' LF6e Tt `-te tal 6659 Vicksburg in.
Maple Grove Heating p Air Cond. 240 Central Ave.
1 ONIP,TOXICATING LIQUOR LICENSE
Pizza palace 5001 Drew Ave. N.
NONPF.RISF.ABLE VENDING MACHINE LICENSE
Coca Cola F,ottling Midwest 1189 Eagan Ind. Rd.
Mentor Corp. 2700 Freeway Blvd.
RENTAL D'v,=ING LICENSE -
nitial:
Anna May Turnacliff 6507 Ewing Ave. N.
Karen Duenow 6824 Ewing Ave. N.
Norbert 8: Dolores Volbert 4207 Lakeside Ave. #122
Patrick 8- Susan Mooney 4735 Lakeview Ave. N.
Alec & Farbara Parkin 7200 Perry Court E.
Tim & Teresa Uzzell 5104 E. Twin Ik. Blvd.
William Pucel 6908 -12 Unity AVe. N.
T. W. Thorbus 4300 63rd Ave. N.
Joe Hamm 4010 65th Ave. N.
Renewal:
Peter & Lillian Ulmaniec 5906 Colfax Ave. N.
Gerald D. Abraham 5125 Ewing Ave. N.
Clifford Lane & Dorothy Ernst 6927 June Ave. N.
J. G. Strand 5329 Penn Ave. N.
Carin Lee Rudolph 5318 Queen Ave. N.
Gene & Anna Gullord 5337, 39 Queen Ave. N.
Harold & Howard Swanson 7240 W. River Road
William Kirby 5006 Zenith Ave. N.
Thomas & Bill Howe 3112 49th Ave. N.
David Larson 1313 57th Ave. N.
J. J. Barnett 2910, 14, 18, 22 68th In.
Janice Van DenBerg 4406 71st Ave. N.
SIGN HANGARS LICENSE
Macey Sign Co. 4111 Central Avenue
There was a motion by Councilmember Ihotka and seconded by Councilmember Theis to
approve the licenses, including the rental dwelling license for Mr. Joe Hamm for
4010 65th Avenue North, and to direct the City staff to send a copy of the minutes to
Mr. F.amm acknowledging the Council's displeasure at Mr. Hamm's failure to provide
the requested acknowledgement, and also regarding his actions during the telephone
conversation held between himself and Mr. Warren on October 19, 1983. Voting in
11 -21 -93 -15-
favor: Mayor Nyquist, Councilmembers ihotka, Scott, Hawes, and Theis. Voting
against: none. The motion passed unanimously.
ADJOURNT=
There was a motion by Councilmember I,hotka and seconded by Councilmember Theis to
adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Ihotka,
Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously.
The Brooklyn Center City Council adjourned at 10:15 p.m.
Clerk / Mayor
11 -21 -83 -16-
PLANNING AND INSPECTION DEPT. — CITY OF BROOKLYN CENTER V 88663
INSPECTION REQUEST RECORD
Address: ' �L. _ C V ' f y /L� Date:
Request By: _ C�, ! Time:
J
❑ Owner ❑ Contractor ❑ Other Taken By:
DESCRIPTION OF REQUEST AND INSPECTION
j Housing COT'_��„�
❑ Building ❑Footing
❑ Environmental � n
❑ Plumbing ❑ Framing ❑ Water Meter �1�'���a�rcrr��c ✓1
❑ Electrical ❑ Rough- In ❑ Water Line
❑ Mechanical ❑ Routine ❑ Sanitary Sewer Other
❑ Sign F7 Correction ❑Storm Sewer ❑ FINAL
0Residential ❑ Commercial ❑ Industrial El Public Permit No
( Inspector's Remarks: _ ��z- �.. -e��. --rr -e .���.r.�..�, .. � ...v�t-u - -� G� - - '- �lz,.;, -., -
l
Date /Time Completed s_o V T,T _Inspector
P/I Form No. 17
PLANNING AND INSPECTION DEPT. — CITY OF BROOKLYN CENTER V 85197
INSPECTION REQUEST RECORD
I
Address: /C� ,��t�t_
Date:
Request By: Time:
❑ Owner ❑ Contractor ❑ Other Taken By:
Housing
DESCRIPTION OF REQUEST AND INSPECTION NOTES:
❑ Building ❑ Footing ❑Environmental
❑ Plumbing ❑ Framing ❑ Water Meter
❑ Electrical ❑ Rough-In ❑ Water Line
❑ Mechanical ❑ Routine ❑ Sanitary Sewer Other
❑ Sign ❑ Correction [] Storm Sewer ❑ FINAL
r esidential ❑ Commercial ❑ Industrial El Public Permit No.
Inspectors 9emarks:
Date /Time Completed _Inspector
P/I Form No. 17
To Ron Warren
From Clay Larson
Re 4010 65th Avenue North
Date 4 -22 -87
On April 22, 1987 an inspection of the referenced premises
was made for purposes of rental license renewal. This is noted on
the license as being a 3 unit building. The following items are
noted.
1. The building has 4 separate door bells at the front door.
2. The building has 4 mail boxes at the front door. Names .
are as follows:
No # - Marge pendlimas
#2 - D. O'Hara
#3 Bette Nelson, Don 'Meyer
No # -- Zemba
3. Reverse telephone directory lists 4 units with different
telephone numbers. See attached.
65AVN 65AVN 65AVN
MINNEAPOLIS (Brooklyn Center) (Brooklyn Park) (Brooklyn Park)
5124 Roell Richard R ------- ------------------ 537 -5078 250 Koller H--------------- •--- -••--• 537 -5456 55428
' AREA CODE 612 5130 lee Art L------ ------- ------------ - ----- 533-9461 251 Rosenberg Lee D - - - - -- -- 533-0467 6305 Wile Randy L •---- ----- ----•- ---- -- ---- 535 -0t
PAGE NUMBER 1252 5200 Rattei Gene E--------- -- ------ -- -- • -- - -- 533-0002 254 Joslyn Timothy -- •- ------- -•- 536 -0900 6308 Testa J & J ------- •- •- •- -- --- -- -- ---- - -- - - -- 533 -7:
Coo ➢rgnU986NW8 5206 Kukas Marlin L ------- -•------ - -•- -- 537-0856 255 Loos F M•--- •-- • - - - - -- 537-1493 6309 Thorne C A ------------- -- --- •- -- --- - - - - -- 535.77.
g 5207 Rogers Willis D•-- •--- •-- - - - - -- 533.5879 257 Jacobson James G - - -- 533 -8317 6700 Boeshans Ludwig H-------------- - - - - -- 537.5,
MAY 10,1986 g Will Roger' 5 Pool Service ••-------- 533-5879 261 Illies Linda---- •------- • - - - -- S35 -9443 6701 Beltz Vernard G -------------------------- 533.1:
5212 Johnson Leonard Paul-- •-- - - - - -- 533-7907 263 Evenson John H - -• -- 536 -8961 6708 Greenwood James W -- ••••----- - - - - -- 537.8[
5213 O'Donnell D--------- ----------- - - - - -- 535 -8400 265 Fleischhacker Wayne H• - -• 533-8642 6709 Fowler Pam & Gary ---- •••------ • - - - - -- 533.1:
5218 Zumwinkle Kenneth & Violet - - - - -- 533.9467 6121 Nettles Regina- •---- ------ 533-5464 6716 Ostergaard Lyle E ---------------- 533.8E
5219 Erickson Mark & Jane ---------------- 536.1433 6121 6717 Warren James S --- - -------------------- 535 -9
5224 Sorenson Raymond-- •- ••--- -• - -•- 533 -8087 102 Emineth Dan & Vickie - - -- 537-8004 6800 Prax Benedict------------------- - - - - -- 537 -ot
65 AV N 5225 Umolac George F Jr----- ----- - - - - -- 533-2649 104 Felix Robert - 536.1125 6gol Perusse Ted J----------- - - - - -- 533-6'
5230 Brown Travis R--------- ----- - - - - - -- 533-1165 201 Nettles Kerry - - -• -- -•• 533 -5464 6808 Halter Ross --------------------------------- 533 -SE
(Brooklyn Center) S300 Schlauderaff Charles ---------------- 535.2526 202 Hua Hoang - - -- S36-1000 6809 Olson Steven --- --------- - -------------- 536 -0=
3 Welke K - -- - - -• 533-1451 5306 Herdine Sheldon D•-- --------- - - - - -- 537.6962 203 McCarter Ramona P -• - -- 537- 1215 6816 Secor Virginia M ------ •----------- - - - - -- 533 -5r.
4 Lamson M t S35 -5099 5307 Simon Arnold P----------------- - - - --- 533.7235 204 Massan Mary Jo •----- ----•- 537 - 9288 6819 Stiras Kenneth H Jr-------------- - - - - -- 537.5:
5 Velasco Anita - - -- 537.7910 5313 Barnett Harvey & Jewell------- - - - - -- 533 -5061 302 Unterburger Jeff & Roxanne -- S37 -8243 6900 Paul James P ------------------------------ 537 -D;
6RutledgeCharles -- -535 -8373 (Brooklyn Park) 303 Masog Robert--------- S36-1340 6901 Berg Dale C ----- ----- •- •----------- - - - - -- 537.4;
304 Gyswyt Marcel - 535 -9444 6908 Wilkening Jeff ------ -------------------- 537.5'
101 Yarco William R- - 535 -3781 55429 306 Ballard Mieko• - - - -•- 533-6597 6916 Wyly Grayson F --------- •------- •-- - - - - -- 533 -62
104 Garvey Leo C - -- 535 -7940 5600 Osseo Public Schls 306 Wyman B -- Phyllis.- 535 -5239 6924 Pomerleau Lawrence Or Ph 533.3=
105 Lahti L E - - - - -- 533.0547 Independent Dist No 279- 6125 7100 Jarmon Billy W- •- ••------------ - - - - -- 536.55
106KenKnight Charles -••• 536 -1181 Elementary Schools- 101 Olson Terrance - -•- 535-4025
201 Goff M J - -- -- 533-0177 7101 Loucks Tom--- •------- •- •- •------ • - - - -- - 533.9,
202 Weiss David- -- 536-0560 8 Fair Oaks Elementary School 533-2246 103 Olson L - - -•- • -• 535 -5790 McDowell Richard ---------------------- 533 -95
203 Robins Rich 533 -9370 6 S801 B-Craft Fund Raising Products -•- 537 -3000 106 Velasco Amber M - -- - - 533 -6007 7104 Siedsma Tom L --------------------------- 535.07
204 HagemarmPeter- 533 -6958 B 5825 KMR Industries------------- - - - - -- 537.2242 205 Olson David- - 536 -8635 7108 Parker Willard E----------- •- ••- - -_ - -- 535.47
206 MacCoy M 535 -0355 8 Quality Paper Tubes & Cores • -•• -- 537.4667 206 Johns Paul & Patricia - 535-5574 7109 Mayfield Steven D -------- •------ - - -- -- 533.1'
3910 B Test Technology Inc S37-6666 301 Thomas YG -- 535-4214 Rustad Danny ----------------------------- S33.17
2 Lundquist R L - -- 535 -9196 V F Plastics- 304 Mason J - - -- 537 -2813
g Office-------------- - -• -•- 537.0807 , 305MollenhoffLynda 536.0984 7121 Dud rerRobert J------------------ - - - --- 537.29
4 Ge Joe Betty 533 -6315 6000 Tuomi Peter ---------- •- - - - - -- 535 -6296 6200 Ciecmierowski Craig 533 -4052 7201 Dudrey Russell P ------- •- •-------- - - - - -- 533 -1F
3911 Thornton ce 537 -5273 6000 Cook Dawn -- 537.5872
7205 Mites Phillip D--------- •- •------ --- - - -- 535.19
3911 102 Sundquist Harry S- • - - - -•• •• -• 537 -5026 Corcoran Carte 537 -5872 7209 Peppersack A
a & Barbara ----- - s F --------------------- - -- 533-17
537.57
1 Neude Teresa D & Jacqueline J - 535 -8530 1D4 Fladebo R E-- - -•• -- •- • - -- -- 536 -9815 Krogen Al - --- 535 -2984 7209 McLevis Jae 2 Smetana Wayne A ------- •------- - - -- 533.1`
2 Mulvaney M 535 535 -3196 -1353 105 Suby Peter M & Christine ------ - --- 535.2557 Leervig G M - -- 533-3168 721• - - -- 537.7[
3 Mulvany James 106 Steffen T •------- •----- - - - - -- 536-5985 Schumacher Julie - 537.5410 7213 McLevis Duane ---------------------- 533.95
4 Eckel K 536 -8117 7300 Haney John D------ -- •----- ••-- - - - - -- S35.1
5 Grong Geoff -- 533 -9720 108 Peterson Gary L-- •---- - - - - -- 533-6940 Valentini Lisa -- 535.7736 7301 Westlund Sheldon Mr ----------------- 535.26
6 Grams Steve L 536 -8206 111 Huhta Ernest Jr -- -- - - - - -- 537-2287 6200 7304 Olson Scott & Kristi -------- •---- - -• - -- 53s.r
101 Moncada Humberto 537 -3498 113 Peterson Tilferd A---- - - - - -- 533-5941 101 Avis Loyd -•- 533.9345 7305 Beamish Edward & C ------------- 535.5[
102 Jergenson J M - 537 -0983 114 Seavey Todd J ---- -•• -•- 535 -6296 102 Anderson James R & Kathleen- 535-9390 7308 Biddick W Jane •----------- •----- - - - - -- 537 -46
103 Charboneau Dianna - 533 -5307 115 Gentz D - •• - - - -•- - ••-- • - - - -•• 535.2329 103 Baxter James & Diane 537.8200 7309 Gordon Duane ------------------ ---- - - -- 537•Sa
104 Coulter A L 533 -3134 116 Mohammadzadah Hadi •--- -••••- 535-3975 104 Novak Trudy- •- 537-5872 7316 Nelson Timothy R ----------------------- 53S -4a
105 Kumma E- 533-9235 117 Bauers Donald J•• -••- -- •- -•• - -• 537 -3882 105 Pedlar 5 537-2638 7317 Thorsen M C--------- •-- •--------- -• - - -- 535.24
106 Hamilton Robert & Christine -- 535 -8431 119 Swanson Donna M -- •-- •• -• - -• 536 -8631 106 Rogers Timothy John 535-8893 7320 Glasgow G---------- •- •---- •--------- -• - - -- 537 -1!
201 Morales -del Castillo Luis G- 537 -4695 201 Brousseau Roger- - - - - -- 535 -8192 107 Groothius Duane & Debbie- 533.0790 7321 Johnson l. ----- •--- •-- •--------------- -• - - -- 536.96
202 Guentzel Brian D 537 -5273 202 McKibben Dave B•--- - - - - -- 536 -1332 109 Folz Carrie - 533 -9605 57
Teetz•- - - - -- 3 -1t
203 Ehrman Lloyd 535 -7145 205 Kosloski Robert C- - - - - -- 535-1929 111 Harlow N D 7324 el Pamela •----------- •- ••
537-0732 Teetz la J- •••- •--- •------- "-•--- 53 -11
204 Ness N J & L A 533-7923 206 Spindler Joseph J - - • - - -• -• 535.3841 113 Lewis C- 7509 Hilary - 533-4052 7516 Varner Robert L- •-- •------------- - - - - -- 537.05
205 Eidem E C ---- -- 535 -7467 207 Nemec Larry---------- •-- - - - -•- 537 -1575 114 Guimont Barry - 533.6092 7517 Filipczak Frank W ---------------------- 533•C
206 Bailey J - 535 -4125 208 Lawson Scott -- •------ - - - - -- 533 -9188 115 Truong Vinh 533-8403 7600 Schaber Kenneth E•-- •-------- - - - - -- 537.21
4001 Wendt William 533-6000 209 Hungerford Beth------- - - - - -- 537 -6171 116 Ram Prith vi 536 9764 7601 Johnson Warren E----------- - - - - -- -- 537.01
4006 210 Casella Anne - - -- - -- S35 -1309 118 Leervig Jon L - -• 533-3168 Delbert H ------ •---- •----- - - - - -- 537•u
1 Jenson Delores 533 -2598 213 McKinney Dennis J• - • -- 536.8633 201 Fisher Sherri 7608 Haase 533-1373 7609 H George E-------------- - - - - -- 537.54
2 Frey Della H 537 -8979 214 Hookom Brian &Holly- • - - - - -- 537 - 202 ders on K L John 537 -3240 7616 Benjegerdes A G------------------ - - - - -- S35•n
3 Schwartz Paul H 533 9343 215 Kent Terry J • - - - -- - - -- 537 -3998 3998 203 Anderson 537-7726 7617 Sharp Terry-------------------- - - - - -- -- 536-"
4 Rusch Julius C 2221 535 -9076 2 i Mel h Tim F & Beth & Beth J -• -•- -• 53 20 5 Bach ter Ken - neth 535-2631 537 -5410 7700 Meyer Richard- •----- •-- •-------- - - - - -- 533.7!
223 Hon
Hutton Tim Raymond A 536.0387 206 De oz De Boz Ken e Leon - 533 -7644
4007 Baldy Lawrence - 537 -1865 Hutton --- - - - - -- 535 5 -1457 -2788 205 7701 Katnis Keith & Leanne --------------- S37•54
---- - -•• --
4010 6010 Anderson Thomas Dwayne- - - - - -- 533 -4731 207 Katchmark John- 533.7362 B 7708 Frazier Bruce J & Associates
1 Palo Brenda 535 -8854 P•-------- - - - -•- 537 -6894 209 Kulikowski Stephen M 535 -2984 Inc adjstrs ---------------- •- •-- - - - - -- 53S-16
1 Zemba R Arnold 537 -6299 Johnson J -- - - • - - - -- 535-1285 210 Fern Walter A 535-3111 Paynter Jack R Inc -- ---- --------- - - - --- 537.1
20'HaraO. 533 -2474 - g Sarasohn & vi Inc --------- 535.1,
3 Zenner glaze H 536 -8209 Polk P A- - - -•- 537 -1609 214 Johnson Russell J 537-8977 7709 gaardson David J --------- - - - - -- - 5771:
4012 Friedl Arnold J 533 -3150 Willow Orlin - -- 533 -1228 215 Halloran Mary 535-7736 7716 Karius Larry Wm••------ • - - - - -- S35.15
4013 EmblomJaclnta 533-3853 g Wi11ow8rookApartments- -533 -1883 218 Dixon Jeff 535 -4826 7717 Rohe Jon S•- -• -• -- -- S37•M
4018 Williams William RJr 533 - 3085 6810 -- 6201 Kragness Karen 533 5222 7800 Niemann Edwin ................ S13•P
4023 Braun Matthew 121 535-5851 Albrecht ec - -- S35 -1861 6201
8 2SorgJ Villa- -- 533 -1883 103 Jo Kaivola e 53 7801 E Donal ------ - -• - -- S37-0 4024 BremsethAlvinJ • 537 -7118
' 1225orgJ• -• 533 -4907 103 Jones es Michael 533 -4084 3 -4084 7808 Ellwood Donald J--- ••----- - - ---- --5371
Buss 124 Peterson
4100 B Robert----- 533 -9957 -- 533-1288 104 Baxter G 536 -0210 7809 Cross Thomas EIII - ••••---- - - - - -° Su u
f Angie----- • -• - --
4106 Bartos Willard J 533 -9883 125 Olson Gary ---- • -• -• -• ••-- - - - - -- 537 -5120 204 Youngberg D------ 537 -3965 7816 Smith David A-- •---- - - - - -- --•-- - A7 n
4107 Germundsen Orville L 537 -6471 126 Huss J A -- ••------- •- ••- •- -••• -- 537.1609 206 Kragness Cindy - -• 533 -5222 7817 Gobel G Dean - -•-•- ••---- -- ---- -
4112 Evensen Leroy D- 535-7330 7908 Nesiund Charles J - -- - --- S 33•0
j 4200 Green LeRoy C - 537.3539 128 Palmer Ronald &Susan-- .• - - - -•- 53 -8015 301 Sa se G Mark &Cindy 537.7388 7909 Nitzkorski Bernard • - - - -- -- S"
4201 Tamblyn William K 533 -8170 129 Neubauer Karen - -• -•• - -- 535.9095 303 Ha 7916 Arneson Marlow 6 - - -• - - -- S75'21
4206 Quinn James 537 -5131 130 Mouetti Dan--- •---- • - - - - -- 535.9278 305 Janis G 533 -7949 s T L 535 -0280 7917 on Terry---- -•• - -- - -- --' �
4212 Weber Mark & Diane 536 -0322 131 Lemma Robert & Denys--- - -•••- 535 -1023 306 Fairbanks Duane 537 -7123 7000 McMahon Sam E - -•- 5354-
-----
132Moffet Scott ------ • -•• - -- 535-1978 6217 Funder Paul 536 -5952 537.1`
4218 Burns Sheldon 1-- 537 -0789 133 Billiet Kevin A---------- - - - - -- 533-1220 6217 8001 Gruidl William J •- •-- •-- •. su•
4300 Lindstrom Gordon L 533-9696 .............
Christopherson Alan & Rebecca - 536 -8729 104 Biengbouasy B ounxou 535.0178 8008 Stich Richard T- •-- - - - -•• S37-0
4306 Bastyr K M 535 -7091 135 Maciei J S -- - ••-- - - - - -- 533.0601 105 Zirbes Stacey 535.5438 8009 Deering Gary L --- •- •---- -• - - -n
4312 Danner Shelley 533 -7351 137 Edgar Sonya - - • - - - -- 536.1195 106 Bandei Brad - 536 -8586 8016 Hourscht 5 L--•-•-------•---
4312 138 Bones Tammy--- •--- . - -• -- 535.0508 201 Evans Brenda 533 -5096 8017 Humble Clayton L - - --
MAIN Halvorsen Kenneth V Jr 533 -4682 139 Paddock Kurt - •---- •• -• - - -- 535.7918 202 Gow Bryon & Lisa - - 536-1094 8100 Kangas D R--- •••--- - ---
----•- - - - y
4318 Vincent Gerald & Corinne- S33 -7453 218 Walz Russell - -- - •---- •- ••• - -- 537 -6610 203 Lindstrom Brad & Lynn - -- 533 -4769 8101 Lutmer Bruce & Ruth -• - -- S"-&
4400 Sherohman Joseph & Lynn - 536 -0661 220PelietierAlfredJ- •- •-- - - - - -- 533.8495 2048arnesPeggy- 536 -5952 8108 LaTourneauJohn &Marge -
--- S33-0 4402 Hinschber9er Riley E 533-1740 224 Bursey K- - - 533 -5084 205 Henderson P - 533-2284 8109 Haley Dave &Pat---- ----- - - ---- SP40
4406 White Douglas - 537 -1404 225 Nelson D --- - - - - -- - • - - - -• 533 -6061 206 Thompson Jeanne l - 533.2528 8116 Kohnen Wayne A ---- - - -•-- SO-41L
4412 Filipiak D A 535 -5218 226 Merritt Jeffry Scott ----- ••-- -••• -- 536 -8975 303 Campbell Patrick 536-9586 8200 Arthur Richard A---- ------ SSr =
4418 Palmquist David A- 533 -5966 227 Hegstad Robert ------------- - - - - -- 535-8745 304 Gasser A 535.0586 8201 Dunngan Richard D- sv*
4500 Chapman Catherine Rev -- 535 -3763 229 Lauer M M---------------- - - -••• 536 -0864 305 McConnell Doug- - 536 -9909 8208 Dobson Frank--- - - - - -- --- -" - SDI
4506 Unruh LeRoy D- - 535- 1277 230 Howard Steven -- ----- -------------- 533-0886 6232 Jenniges Monica 537 -7293 8209 Kaercher JoAnne --------- --- VD-0
4507 Johnsrud G 537 - 2931 231 Melling M J ------ •••-- - - - - -- 533 -9725 Murray Michael- 535-6098 Tuckner Jack G - --• --- ----
4512 SarimMMasood--- 533-1318 233 Fritz Dale• - - - ---------------- 536-0361 Norlien Robert ---- 537 -8721 (Maple. Grove)
4518 Kvasnicka Gary W---- 535.6835 234 Nyland Julie---- •- •- - - - - -- 533-4731 8 Smith Michael W -• 535-7293 533 -9529 55369
4600 Rasmussen Arden J- -- 537 -4090 235 Dalrymple G •--------- •- •---- -••• -- 535.1285 Westlund Todd Robert 535-7989 S>o
4606 Covyeow Loren -- 533 -9574 9835 BijochRonald ----- ---- --- - s ya
237 Hofner D ---- •- •-- •
4612 Mortenson Donald K • -- 533 - 7654 236 Osborne Steven - Becky ••- - - - - -- 535 -1898 6232
- •----- - -•••- 537 -6894 B 101 Smith Michael W Agency-- 535.7293 9850 Goldstein Jeff -- Starla
4618 Norby S J -- 533 -0693
238 Miller Tom Mr & Mrs •••---- •• -•• - -- 533 -9443 102 Hattenberger Brian 8 Jill 9863 Hus Thomas y►a�
4706 Peterson Richard P -- 533 -6365 241 Simpson Troy & Lisa ---- --- •• - ---- 533 -1283 104 MagedanzJ -- 536 -1337 9870 Hus Thomas A ---- "-�
S"
4712 BesemanTimothy - -535- 1043 6020 Lindenfelser Lisa --------- -- ------- 535-9443 106 Conley Tom- 535 -2341 9889 Lundquist Steven - %V41, 4916 Hamre Gerald R- -- 533 - 7961 6020 107 Helstrom Gregg & Gwen - -- 535 -4448 9896 Schmidt Renate M-° --'� j r
4907 Tingo Charles 5 533 -4939 142 Byron Brett & Cheryl - •------ • - - - -- 535 -1512 108 Jagodzinski J & T- - - -• -- 536- 8435 9910 Gathman G L - -- LP
4912 Johnson Elmore V •• - 533 -7802 143 Harley B •-- •--------- - - -• -- 537 -4650 110 Schluender K J• - - - -- 535-7286 9920 Hirdler Bernard A- - -' ` Sp >
4918 Moorhead Jack C -- - -- 533.8029 146 Hagford Tom E •---------- • - - -•• 537-0116 111 Schweizer Greg - -- 533-7400 9930 Rood Douglas E--- _ ST'S
5000 Glob See Kent aiBev - 538422 Ward Fred W -- t►•
SD 1
g 5001 Global Seed l Grain Cleaners - -- 535 -5 - 147 Nelson Dan•-- •------- •---- -• - -•- 536 -8152 112 Kautz Dan -- 533-5477 9941 8155 148 Ward Jamie----- •- ••- - - -• -- 537.1716 114 Black T L ••--- - - --•- 535-3774 9965 Musel Steven---- - "' "`::___ i
Steenso Wetter A - -- 537 -6668 VanArman Steven 149 Johnson S M ------ •- - - - - -- -- •- •--- • - - - -- 536 -0169 115 Gable Jeff - -- . -- 537 -8721 11815 -- - _ _ W
5006 Beahen J ohn -•• -• -- 537 -2578 150 Smith J im& Diane -- -- ---------- - - - - -- 537 -6295 116 Strait George- -• - - -- -- -537.4440 11823 HauschildDan- %,& ty
5007 Otremba Donald- - 537-3331 1S2 Barnes Jodi------------------ ----•- 535-9291 117 Schwieters Michael L - - -- 535-6096 11837 Grantz Richard ° - - - - "' -
5012 Austin Elroy- •• 533-7897 153 Olson Michael J---- •------ •------- -• - - -- 536 -8184 202 Stefonick Stephanie - -- -- 536.5972 11861 Panega Andrew
5013 Chapman K A-- - - - - -- 533 -5126 154 Johnson P J ----------------- .......... 533 -8910 203 Bokinskie C -- • -• - -• - - --------- 533-7632 11889 Tuma Ted -- -
5100 Revier Charles G- . -- S33 -3681 155 Krueger Lila ------ - -------- ------------- 533 -7977 204 Schut Tamara - - -• -• -•- 537 -7293 Tuma Ted.
5101 Hasti George A -- -- 533 -8429 157 Fautsch Mike & Karen -------- -• - - -- 533-3451 205 Lisson T - -- -- -- - - -- 533 -6605
5101 159 Dubansky Robert ----------------------- 536 -0602 207 Bliss Todd - -- - 535 -8935 N 65 Pl.
BASEMENT Hasti W & C - - - -- 535 -3671 161 Johnston Mary Kay ---- - - -• -- 536 -0687 208 Koehler Arlene -•- 535-3146 5536 9tl►;
5106 Wiehle Gregory D- -. 533-0015 16S Oehrlein Terry - •-.- --------- -- ---- 533.7018 209 Scherer Greg -- _ _ 535.1321 R- --
5307 Madera Frank & Lorraine-- 535 -5675 242 Lidber D •-- •------- •------- - - -••- 533 -1668 212 Hyser M•- 537 -2399 11261 Swanson Paul
5112 Noehi Vincent M 533 -8079 245 Skiefstad Mark ••••- ------------------- 536 -0118 213 Leners J 537.8036 11278 Schrepter Willy s
5113 Olson Edward F- - 533-7807 246 Bertelsen Mike & Dialetta ........... 537.4493 214 McDonald K G - 535-8611 11300 Creviston Thomas L-
5118 Kowitz Fredk W -- 533.7425 247 McRae Thomas F---------- -• -••- 533 -29% 215 Friedman Randy J - 535.7989 11322 Rivard Keith - -
5119 Seraphim Michael H--- S35-4862 249 Waxberg Rick------- - - -••• -•• 537 -7758 217 Gottsman Gregory 537 -3269 11325 Vad,s Dave 9 Linda
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a3 9 , - Ptia Signed --
",INTC❑ IN : 3 -
III
PLANNING AND INSPECTION DEPT. -CITY OF BROOKLYN CENTER N? 90396
INSPECTION REQUEST RECORD
Address: Inspec. Date:
Inspec. Time:
Request By t < Taken By:
❑ Owner ❑ Contractor ❑ Tenant Date:
Time:
DESCRIPTION OF REQUEST AND INSPECTION NOTES:
Housing ❑ Section 8
❑ Building ❑ Footing ❑ Rental Lic.
❑ Plumbing ❑ Framing ❑ Water Meter
❑ Electrical ❑ Rough -In ❑ Water Line
• Mechani al ❑ Routine ❑ Sanitary Sewer Other
• Sign ❑ Correction ❑ Storm Sewer ❑ FINAL
IT'Residential ❑ Commercial ❑ Industrial ❑ Public Permit No. -
Inspector's Remarks:
f
Date /Time Complet' d _ Inspector
P/1 Form No. 17
12-201
2. Building - any structure erected for the support, shelter, or enclosure
of persons, animals, chattels, or movable property of any kind.
3. Compliance Official - the City Manager and his designated agents
authorized to administer and enforce this ordinance.
4. Dwelling - a building, or portion thereof, designed or used
predominantly for residential occupancy of a continued nature,
including 1- family dwellings, 2- family dwellings, and multiple family
dwellings; but not including hotels and motels.
5. Dwelling unit - a single residential accommodation which is arranged,
designed, used or, if vacant, intended for use exclusively as a
domicile for one family. Where a private garage is structurally
attached, it shall be considered as part of the building in which the
dwelling unit is located.
6. Family - any of the following definitions shall apply:
-A person or persons related by blood, marriage, or adoption, together
with his or their domestic servants or gratuitous guests, maintaining a
common household in a dwelling unit;
-Group or foster care of not more than six (6) wards or clients by an
authorized person or persons, related by blood, marriage, or adoption,
together with his or their domestic servants or gratuitous guests, all
maintaining a common household in a dwelling unit approved and
certified by the appropriate public agency;
-A group of not more than five (5) persons not related by blood,
marriage or adoption maintaining a common household in a dwelling unit.
7. Flush water closet - a toilet, with a bowl and trap made in one piece,
which is connected to the City water and sewer system or other approved
water supply and sewer system.
8. Garbage - putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
9. Habitable building - any building or part thereof that meets minimum
standards for use as a home or place of abode by one or more persons.
10. Habitable room - a room or enclosed floor space used or intended to be
used for living, sleeping, cooking, or eating purposes, excluding
bathrooms, water closet compartments, laundries, furnace rooms,
unfinished basements, (those without required ventilation, required
electric outlets and required exit facilities), pantries, utility
rooms of less than 50 square feet of floor space, foyers, communicating
corridors, stairways, closets, storage spaces, and workshops, hobby
and recreation areas in parts of the structure below ground level or in
attics.
35 -900
Condominium Single Family Attached Dwelling Units - Two or more dwelling
units horizontally attached in a linear or cluster arrangement, with the individual
dwelling units separated from each other by a wall or walls extending from
foundation to roof, and with each dwelling unit located upon a separate platted lot.
Characteristic features of such a development include individual ownership of
dwelling units, and common (nonpublic) ownership of open areas, site amenities, and
recreation facilities. A condominium single family attached dwelling unit
development includes at least one large common area of open space for aesthetic or
recreational purposes.
Convenience -Food Restaurant - An establishment whose principal business is
the sale of foods, frozen desserts, or beverages to the customer in a ready - to-eat
state for consumption either within the premises or for carry -out with consumption
either on or off the premises, and whose design or principal method of operation
includes both of the following characteristics:
1. Foods, frozen desserts, or beverages are usually served in edible
containers or in paper, plastic, or other disposable containers.
2. The customer is not served food at his /her table by an employee but
receives it at a counter, window, or similar facility for carrying to
another location on or off the premises for consumption.
Drive -in Establishment - A commercial enterprise that customarily offers
goods, services or entertainment to clientele within automobiles (example:
automobile service stations, drive -in restaurants, outdoor theaters, and car
washes, but not "drive-in" cleaners where the customer must leave his automobile to
pick up or deliver goods).
Drop -in child care center - A facility licensed by the Minnesota Department
of Public Welfare to provide child care on an irregular basis for periods not to
exceed five (5) consecutive hours in a given 24 hour period. Such centers are
intended to provide babysitting service for parents who wish to shop and /or pursue
leisure activities and do not provide regular care of children while parents travel
to a place of work.
Dwelling - A building, or portion thereof, designed or used predominantly
for residential occupancy of a continued nature, including one - family dwellings,
two - family dwellings, and multiple family dwellings, including earth - sheltered
homes and manufactured homes; but not including hotels, motels, commercial boarding
or rooming houses, tourist homes and recreational vehicles, such as travel
trailers, camping trailers, pick -up campers, motor coaches, motor homes and buses.
Dwelling Unit - A single residential accommodation which is arranged,
designed, used or intended for use exclusively as living quarters for one family;
must include complete permanently installed kitchen facilities. Where a private
garage is structurally attached, it shall be considered as part of the building in
which the dwelling unit is located.
Dwelling, One Family - A residential building containing one dwelling unit.
Dwelling, Two Family (duplex) - A residential building containing two
dwelling units.
Dwelling, Multiple Family (apartment and flat) - A residential building or
portion thereof containing three or more dwelling units.
Efficiency Units - A dwelling unit with one primary room which doubles as a
living room (in its ordinary sense) and a bedroom and may, in addition, serve for
other residential uses.
CHAPTER 23 - GENERAL LICENSING REGULATIONS
Section 23 -001. APPLICABILITY. The provisions of these sections shall
apply to the application for any issuance and revocation of licenses in the City
except as may otherwise be specifically provided in the ordinances pertaining to
particular licenses.
Section 23 -002. APPLICATION FOR LICHISES. Application for licenses
shall be made in writing to the Clerk for presentation to the Council. Such
applications shall specify the following:
a. Name and residence of the applicant(s) and if a corporation, the
registered office thereof.
b. The name and address of the location or place of business or activity
for which the license is requested, or in the case of occupational
licenses, the location from which the applicant operates.
c. Such additional information or documents as the ordinance or
administrative regulations may require from the applicant.
Section 23 -003. REVIEW PRIOR TO COUNCIL ACTIONS. Prior to submitting the
application to the Council for approval, the Clerk shall submit the application to
the appropriate municipal officer for review and comment. Said official shall
issue that all ordinance requirements have been complied frith, and shall furnish the
Council with such additional information as may be deemed appropriate or as
requested. In addition, the officer shall recommend approval or disapproval of the
application, and shall when recommending disapproval, furnish the Council in
writing his reasons therefor.
Section 23 -004. NOTICE TO APPLICANT. In the event disapproval of an
application is recommended or in the event the Council disapproves or materially
qualifies the license, the clerk shall notify the applicant of:
a. The nature of the recommendation or action.
b. The time and place at which the Council will next consider application.
c. The applicant's right to appear before the Council in support of the
application.
Section 23 -005. COUNCIL ACTION. The application shall be submitted to
the Council for consideration within a reasonable period following submission to
the Clerk.
Section 23 -006. SUSPENSION: REVOCATION. The Council may suspend or
revoke any license issued pursuant to the ordinances if the Council finds that any of
the following ever occur; provided, however, that the licensee shall be given notice
of the proposed revocation or suspension and be provided an opportunity to appear
before the Council and be heard:
1. That the licensee has knowingly made false statements in or regarding
his application.
23 -006
2. That the licensee or his agents have violated or failed to comply with
ordinance provisions, statutes, or legal directives pertaining to the
regulation of activities authorized by the license.
3. That the licensee has failed to correct or remove, within a reasonable
period, ordinance violations after receipt of.notice to do so.
4. That the continued effectiveness of the license constitutes a
substantial threat to the public peace, health, safety or welfare.
Section 23 -007. ISSUANCE. Upon approval of the application by the
Council, the Clerk shall issue a license to the applicant, stating thereon the name
and address of the premises and the activity licensed. The applicant shall so
display the license so as to be easily observable by the public, or as required by the
specific ordinances requiring the license.
Section 23 -008. CERTIFICATE OF OCCUPANCY REQUIRED. When a Certificate
of Occupancy is required by Chapter 3 of the Ordinances for the.conduct of activities
for which a municipal license is required, the required license shall not be valid
until said Certificate has been issued by the Building Inspector.
Section 23 -009. LICENSES - NONTRANSFERABLE, NO REFUND. Unless otherwise
provided by the ordinance requiring a license, a license is nontransferable, and the
licensee shall not be entitled to a refund of any license fee upon revocation or
voluntarily ceasing to carry on the licensed activity. However, in the event of
Council denial of the application, the fee shall be refunded.
Section 23 -010. LICENSE FEES. The fees for the various licenses shall be
as set forth by City Council resolution.
Section 23 -011. FEES PRORATED. Except for intoxicating liquor the fee
for initial licenses granted after the expiration date, set forth by City Council
resolution, shall be prorated on a monthly basis, with the fee required being in the
same proportion to the annual fee as the unexpired term of the license stands to the
full license period, but in no instance shall the prorated fee be less than $5.
Section 23 -012. LATE FEES.
23- 012.01. All licenses shall be renewed annually prior to the expiration
date set forth by City Council resolution. In the event the applicant fails to
renew his license before it expires, a fee of 15 percent of the annual license fee for
each week or portion thereof that the renewal is overdue shall be added to the
license fee, to a maximum of 45 percent of the annual fee, provided, however, that
the penalty clause shall not apply to construction licenses.
23- 012.02. If an application for license renewal is not submitted within
21 days after expiration of the current license, the licensee shall cease the
previously licensed activity. Continued activity after the 21 day period shall be
an ordinance violation, and upon conviction thereof, shall be punishable by a fine
of not more than seven hundred dollars ($700) or imprisonment not to exceed ninety
(90) days or both, together with the costs of prosecution. Each day of such
activity shall constitute a separate ordinance violation.
Section 23 -013. SUPREMACY CLAUSE. Any conflict between the Sections 23-
001 through 23 -012 and other provisions of the ordinance shall be resolved in favor
of Sections 23 -001 -- 23 -012 of this chapter.
APR 0 91't P
A PLICATION FOR LICENSE 10645
CITY OF BROOKLYN CENTER
HONORABLE CITY COUNCIL
BROOKLYN CENTER, MINNESOTA
GENTLEMEN: x �
HAM
WE ... ... ...... .......1 ..................... ............................... Fee, $.........
7608 FLORIDA AVarJE NTH New Renewal ..........Xx.
Mlt-VEAPOLIS, MN 55428 550 -35th
..................................................................... ............................... Telephone ...... ...............................
enclose the sum of ................... ...: 1........::-,..n -.. .. QQIIQ2.......................... ............................... DOLLARS
to the City of Brooklyn Center as required by the Ordinances of said City and have complied with all the
requirements of said Ordinances necessary for obtaining this License:
NOW, THEREFORE, I
.............02k ti............................................... ............................... .........................hereby make application to
OP T. .. ";`•'T t....E?t ;��i.Z . ND ..6aT.N..ffir,; M.wtt M ........ t � ? ........ G ... C ......... ...............................
for the period .........J1 xE..1, .. .,"' 1. rR. � .... ............through......... X.. j�I, ,...�...l29 ............. subject t
conditions and provisions of said Ordinance.
un - -)L4OZ4g
City Use Only
.................................. ...............................
i.t.
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Si ture of Applicant
12 -909
Such register shall be made available for viewing or copying by the Compliance
Official at all reasonable times.
Section 12 -910. LICENSE SUSPENSION OR REVOCATION. Every operating
license issued under the provisions of this ordinance is subject to suspension or
revocation by the City Council should the licensed owner or his duly authorized
resident agent fail to operate or maintain licensed rental dwellings and units
therein consistent with the provisions of the ordinance of the City of Brooklyn
Center and the laws of the State of Minnesota. In the event that an operating
license is suspended or revoked by the City Council for just cause, it shall be
unlawful for the owner or his duly authorized agent to thereafter permit any new
occupancies of vacant or thereafter vacated rental units until .such time as a valid
operating license may be restored by the City Council. Any person violating this
provision shall be guilty of a misdemeanor, and upon conviction thereof shall be
punished by a fine of not more than seven hundred dollars ($700) or by imprisonment
not to exceed ninety (90) days or both, together with the costs of prosecution.
Each day of each violation shall constitute a separate punishable offense.
c41on 12 -�ti;01 • E)'FORCE!DIT AND INSPECTION AUTHORITY. The City Manager
and his designated agents shah be the Compliance Official who shall administer and
enforce the provisions of this ordinance and who is hereby authorized to cause
inspections on a scheduled basis for rental units, or otherwise when reason exists
to believe that a violation of this ordinance has been or is being committed.
Inspections shall be conducted during reasonable daylight hours and the Compliance
Cfficial small present evidence of official capacity to the occupant in charge of a
respective dwelliJ unit.
Section 12 -1002. INSPECTION ACCESS. Any owner, occupant, or other
person an charge of a dwelling or dwelling unit may refuse to permit free access and
entry to the structure or premises under his control for inspection pursuant to this
ordinance, whereupon the Compliance Official may seek a court order authorizing
such inspection.
Section 12 -11ol. UNFIT FOR HUMAN HABITATION.
1. Any dwelling, dwelling unit, or rooming unit which is damaged, decayed,
dilapidated, insanitary, unsafe, vermin or rodent infested, or which
lacks provision for basic illumination, ventilation or sanitary
facilities to the extent that the defects create a hazard to the health,
safety or welfare of the Occupants or of the public may be declared
unfit for human habitation. Whenever any dwelling, dwelling unit, or
rooming unit has been declared unfit for human habitation the
Compliance Official shall order same vacated within a reasonable time
and shall post a placard on same indicating that it is unfit for human
habitation, and any operating license previously issued for such
duelling shall, be revoked.
2. It shall be unlawful for such dwelling, dwelling unit, or rooming unit
to be used for human habitation until the defective conditions have
been corrected and written approval has been issued by the Compliance
Official. It shall be unlawful for any person to deface or remove the
declaration placard from any such dwelling, dwelling unit or rooming
unit.
CITY 6301 SHINGLE CREEK PARKWAY
OF
B ROOKLYN BROOKLYN CENTER, MINNESOTA 55430
TELEPHONE 561 -5440
C ENTER EMERGENCY - POLICE - FIRE
911
June 15, 1987
Mr. Joe R. Hamm
7408 Florida Avenue North
Brooklyn Park, MN 55428
Re: Notice of City Council Consideration to Deny the Renewal of the Rental
Dwelling License for 4010 65th Avenue North
Dear Mr. Hamm:
Please take notice that the City Council of the City of Brooklyn Center will consider
a recommendation to deny your request to renew the Rental Dwelling License for 4010
65th Avenue North on Monday evening, June 22, 1987 in the City Council Chambers at
the Brooklyn Center City Hall, 6301 Shingle Creek Parkway. The Council's
consideration of this matter will begin at approximately 8:00 p.m., or later,
depending upon their scheduled agenda for that evening.
This notice is being sent to you pursuant to Sections 23 -004 and,23 -006 of the City
Ordinances (copy attached) which requires notice to an applicant in the event
disapproval of a license is recommended.
Section 12 -905 of the City's Housing Maintenance and Occupancy Ordinance (copy
attached) relating to Rental Dwelling Licenses states: "No operating license
shall be issued or renewed unless the rental dwelling and its premises conform to the
ordinances of Brooklyn Center and the laws of the State of Minnesota."
In late 1982 the City Council granted approval of your request to build a three unit
apartment complex at 4010 65th Avenue North based on the plan submitted by you and
the requirements of the City's Zoning and Subdivision Ordinances. This three unit
dwelling was constructed in 1983, and with your understanding, a rental dwelling
license to operate the three unit building was approved by the City Council on
November 21, 1983.
Prior to that license approval, you were informed by me, in a certified letter dated
October 19, 1983, that three dwelling units in the building was the maximum allowed
under City Ordinances.
It has recently been brought to my attention that four dwelling units are being
rented and occupied at 4010 65th Avenue North in violation of the City's Zoning
Ordinance., Therefore, I will be recommending to the City Council the denial of the
renewal of your rental license, unless and until there is compliance with City
Ordinances.
,see eu -uuew mr = r
M z�
Mr. Joe R. Hamm
Page 2
June 15, 1987
Your attention is also directed to Section 12 -910 of the City Ordinances (copy
attached) which states in part: "In the event that an operating license is
suspended or revoked by the City Council for just cause, it shall be unlawful for the
owner or his duly authorized agent to thereafter permit any new occupancies of
vacant or thereafter vacated rental units until such time as a valid operating
license may be restored by the City Council." I will also be discussing with the
City Attorney the possible prosecution for violations of the City Ordinances.
You have the right.to appear before the City Council to provide information in
support of your application. The decision to affirm or deny your license renewal,
lies with the City Council.
If you have any questions or comments regarding this notice, or the City Council's
consideration of this matter, please contact me.
Sincerely,
Ronald A. Warren
Director of Planning and Inspection
RAW:mll
cc: Gerald G. Splinter, City Manager
Charlie LeFevere, City Attorney
Sharon Knutson, License Clerk
tJ
L 11L7KZ�
ATTORNEY AT LAW
500 BROOKDALE TOWERS
2810 COUNTY ROAD 10
MINNEAPOLIS, MINNESOTA 55430
- '612 561 -1888
June 18, 1987
MAYOR DEAN NYQUIST
5637 Brooklyn Boulevard
Brooklyn Center, MN 55429
MEMBERS OF THE CITY COUNCIL
City of Brooklyn Center
GERALD G. SPLINTER, City Manager./
CHARLIE LeFEVERE, City Attorney
SHARON KNUTSON, License Clerk
RONALD A. WARREN, Director of Planning and Inspection
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
Subject: Renewal of Rental Dwelling License
4010 - 65th Avenue North
Owner: Joe R. Hamm
Mr. Hamm has consulted me with respect to correspondence he has
received from Ronald A. Warren, under date of June 15, 1987. Mr.
Warren indicates in that letter that planning and inspection
recommends
a denial of the renewal of the Rental Dwelling License
for 4010 - 65th Avenue North. This is to be heard by the City
Council the evening of June 22 1987.
The issue seems to be whether the building is a three unit
building or a four unit building.
The building was completed in 1983, as per plans and specifica-
tions reviewed and approved by the City. All requisite final
inspections were made and a Certificate of Occupancy was issued.
The original concept was to include two (2) living units on the
upper level, at about 700 square feet each, and one (1) living
unit on the lower level, with a recreational area and a total of
approximately 1,400 square feet.
When the building went on the market, Mr. Hamm discovered that
there was some resistance in the market to a 1,400 square foot
single living unit and that most of the prospective renters for
. such a unit were either very large families, or a large number
CITY OF= BROOKLYN CENTER - 2 - June 18, 1987
of single persons. Rather than rent that large single unit out
to a large number of single people, or a large family, he found
that by putting a refrigerator in the recreation room, together
with a stove, he could separate the quarters of the lower unit;
cut the rent in about half; and rent to two or, at most, three
individuals.
The property, therefore, has consistently operated as such since
1983. Mr. Hamm is not aware of any violations of any safety
ordinances whatsoever. Mr. Hamm is unaware of any neighborhood
complaints whatsoever. There has been no traffic congestion at
all.
Given the fact that the neighborhood seems comfortable with the
building and the tenants are comfortable, and the building is
being used in a functional design way, it does not seem to make
much sense to require Mr. Hamm to No. 1 - decrease his rent; and
No. 2 - increase the number of people living in the building.
Both would occur if he had to fill 1,400 square feet with one
group of people.
It seems like the most sensible thing would be for Mr. Hamm to
request consideration of a variance. I believe that Mr. Hamm
should have the opportunity to justify his Petition for such a
variance by showing that he has operated the building since 1983,
without complaint or problem and that there are no safety consid-
erations or hazard considerations which would require making a
1,400 square foot unit downstairs.
From the point of view of the Rental Dwelling License then, Mr.
Hamm would request that the license be issued subject to revoca-
tion in the event that the variance is not granted, and with the
understanding that Mr. Hamm will expeditiously proceed with the
requisite request for the variance.
Mr. Warren's letter of June 15, 1987, indicates that if the
Council does not renew the Rental Dwelling License, then Mr. Hamm
will not be able to permit any new occupancies in the property.
Mr. Hamm has a mortgage on the property in excess of $140,000. I
am certain you understand well the economic inconvenience of a
mortgage payment on a vacant building. It does, therefore, seem
to make sense to issue the Rental Dwelling License contingent
upon a more thorough inquiry as to the manner in which the
building is presently occupied.
Mr. Hamm and I thank you for your consideration with respect to
this matter.
Very truly yours,
Richard H Fud
ar ali
RHF:LQ
A/
MEMORANDUM
TO: Gerald G. Splinter, City Manager
FROM: Geralyn R. Barone, Personnel Coordinator
I 'i
DATE: June 18, 1987
SUBJECT: An Ordinance Amending Chapter 17 of the City Ordinances
Regarding Personnel
Attached is an ordinance amendment to be placed for a first
reading on the June 22, 1987, Council agenda. The amendment
affects sections of Chapter 17 on personnel related to vacation
leave, sick leave, and leaves of absence.
With regard to vacation leave, housekeeping changes are
recommended to convert the rates of leave earned from days to
hours. The actual time of leave granted to employees will not
change. The City's labor contracts with its bargaining units
list vacation leave in terms of hours rather than days; the
amendment is consistent with the contract language. Also, for
payroll purposes, an employee's time worked is expressed in hours
rather than days. Again, this amendment will bring some
consistency to the process.
The amendments to the sick leave section are similar to those for
vacation leave. An addition to the section permits the City
Manager to grant accruals of sick leave in excess of the accrual
rate stated in the ordinance. The purpose of this is to allow
the City Manager the ability to grant a bank of sick leave to a
newly -hired City employee if it is in the best interest of the
City. The ordinance already permits the City Manager to do so in
the case of vacation leave.
An addition to the leaves of absence section includes the ability
of the City Manager to authorize continuance of the City's
monthly contribution for the employee's health, dental, and basic
life insurance premiums during an employee's medical leave of
absence. This amendment benefits the employee who is on medical
leave and unable to work, yet needs continued insurance coverage.
A recent example is of a City employee who was on medical leave
because of a terminal illness. If the employee's spouse had not
had medical coverage, the employee would have had to pay the
entire insurance premiums; this would be without the ability to
earn income because of the illness.
Further additions require employees to return to work at the end
of an approved leave or make arrangements with the City Manager
for an extension and require employees to notify their supervisor
of any changes in their current address while on a leave of
absence. These changes should assist the City in dealing with
employees who are on leaves of absence.
If you need additional information, please let me know.
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the day
of , 1987, at p.m. at City Hall, 6301 Shingle Creek
Parkway, to consider an amendment to Chapter 17 regarding Personnel.
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 AMENDING CHAPTER 17 REGARDING PERSONNEL
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 17 of the City Ordinances of the City of Brooklyn
Center is hereby amended in the following manner:
Section 17 -111 VACATION LEAVE.
1. Amount. Permanent employees shall earn vacation leave at the rate
of [five- sixths of one working day] 6.67 hours for each calendar
month of full -time service or major fraction thereof. Permanent
employees with five consecutive years of service through ten
consecutive years of service shall earn vacation leave at the rate
of [fifteen working days] 120 hours per year. [(1 - 1/4 days per
month.)] Permanent employees with more than ten consecutive years
of service shall earn vacation leave according to the following
schedule:
During 11th year of service [16 working days per year (1 - 1/3
days /mo.)] 128 hours per year
During 12th year of service [17 working days per year (1 - 5/12
days /mo.)] 136 hours per year
During 13th year of service [18 working days per year (1 - 1/2
days /mo.)] 144 hours per year
During 14th year of service [19 working days per year (1 - 7/12
days /mo.)] 152 hours per year
During 15th year of service [20 working days per year (1 - 2/3
days /mo.)] 160 hours per year
Employees using earned vacation leave or sick leave shall be
considered to be working for the purpose of accumulating
additional vacation leave.
ORDINANCE NO.
3. Accrual. Employees with less than five years of service may
accrue a maximum of [fifteen working days] 120 hours vacation
leave. Employees with five to fifteen consecutive years of
service may accrue a maximum of [twenty working days] 160 hours
vacation leave. Employees with fifteen consecutive years or more
of service may accrue a maximum of [twenty -five working days] 200
hours vacation leave. Accruals in excess of the established
maximums may be granted by the City Manager in the best interests
of the City.
Section 17 -112 SICK LEAVE
1. Eligibility. Sick leave with pay shall be granted to probationary
and permanent employees at the rate of [one working day] eight
hours for each calendar month of full -time service or major
fraction thereof.
3. Accrual. Sick leave shall accrue at the rate of [one day] eight
hours per month until [120 days] 960 hours have been accumulated
and at the rate of [one -half day] four hours per month after [120
days] 960 hours have been accumulated. Accruals in excess of the
established rates may be granted by the City Manager in the best
interests of the City Employees using earned vacation leave or
sick leave shall be considered to be working for the purpose of
accumulating additional sick leave. Workers' Compensation
benefits shall be credited against the compensation due employees
during sick leave.
Section 17 -115 LEAVES OF ABSENCE
1. Leaves of absence without pay may be granted by the City Manager
where the best interests of the City will not be harmed. Such
leaves shall not exceed periods of ninety calendar days unless
based on disability or other good reasons. Vacation and sick
leave benefits shall not accrue during periods of leaves of
absence without pay. If the leave of absence is granted for
medical reasons, the City Manager may authorize the continuance of
the City's monthly contribution for the employee's health dental
and basic life insurance premiums during the leave of absence
2. Employees are obligated to return to work on the first work day
following the period of approved leave unless prior approval for
an extension of the leave has been granted by the City Manager.
3. Employees on leave must keep their immediate supervisor informed
of any change in their current address
[2.] 4. Employees summoned for jury duty or subpoenaed to testify in court
on behalf of the Employer or for reasons growing out of City
employment shall receive an amount of compensation which will
equal the difference between the employee's regular pay and jury
duty or witness fee compensation received.
ORDINANCE NO.
Section 2. This ordinance shall become effective after adoption and
upon thirty (30) days following its legal publication.
Adopted this day of 1987.
Mayor
ATTEST:
Clerk
Date of Publication
Effective Date
(Underline indicates new matter, brackets indicate matter to be deleted.)
• M & C No. 87 -12
June 17, 1987
FROM THE OFFICE OF THE CITY MANAGER
SUBJECT: Report on Junk Car, Building Maintenance, and Other
Nuisance Complaints
To the Honorable Mayor & City Council:
Approximately two months ago the City Council asked me to review
and survey the type of refuse, vehicle and unkept property
complaints the City has been receiving. As a part of that
process I was also asked to review our ordinances to see if staff
would recommend any changes.
I have reviewed the types of complaints and problems we have been
having in these general areas over the last couple of years. The
major sources of the complaints relate to the followin g items.
The most prominent complaint we have in terms of numbers
at
least, is the storage of vehicles. People complain about "junky
looking vehicles" or vehicles stored in back yards or other
locations on the property. We also receive a number of
complaints about the maintenance of the h grounds around these
stored vehicles, i cles and sometimes the
vehicles are not cars, they
are campers, boats, and various of other types of vehicles. It
seems most of the complaints relate to the appearance of the
situation. If the storage g is neat, that is the vehicle is
covered with a tarp and maintenance of the grounds around it are
neat looking, we tend not to get complaints. On the other hand
if the maintenance around the stored vehicle and the vehicle
itself looks like an eyesore, then we receive complaints about
it. Sometimes the storage situation relates to a home occupation
problem. Sometimes someone is operating a wrecker out of his
residence and bringing home junk cars, and occasionally will
leave them stored on his own property or adjacent property. We
also have problems with people who have repair of cars as a
hobby, and we have complaints about storage of parts and storage
of vehicles in repair. Another aspect of the complaints we
receive relate to where the vehicle is stored. Some people do
not object to vehicles, trailers, boats, etc. being stored in the
back yard, but some have objection and complaint about side and
front yard storage of these type of vehicles.
Another aspect of the vehicle storage problem is the number of
vehicles and the size of them. Some people have a problem with
neighbors who store three
four, five or six vehicles. We also
have less complaints about the storage of vehicles if they are
small in size. An example would be someone ullin a 14 foot
p g
M & C No. 87 -12 -2- June 17, 1987
• fishing boat along the side of his house and storing it is one
kind of situation. However, if someone stores a 20 plus foot
cabin cruiser along the side of the house or in the front yard,
that is more likely to produce complaints. The larger the item
stored the more likely we are to receive complaints about it.
The next most numerous complaints we receive relate to
maintenance of property and grounds. It seems that some
properties do not take as much care in the cutting of their grass
and the trimming of it as most people in the neighborhood. As a
result we will receive complaints about ill kept property. We
also at times receive complaints of lack of grass cover. This
usually relates to the fact that someone is storing a piece of
equipment or a vehicle on grass and, of course, if it stays there
long enough the existing ground cover dies, and it doesn't look
as good as the rest of the yard.
The next most received complaint of this type is the storage of
what most people perceive as "junk." This type of storage is
usually behind the house or in the side yard or along a fence. It
is usually some type of building material that some people would
classify as junk and others would classify as usable or
collectible. However, the manner and possibly the location of
its storage can give the property a "junky look." This type of
storage also produces complaints.
• As a part of the review of these type of complaints and the
handling of them, I reviewed the administrative process used by
various City departments and which departments within the City
organization enforced what ordinances. I found that the
enforcement of various aspects of these complaints fell among the
following departments: Police, Planning and Inspections, Health
Department, Weed Inspection, and the Fire Department. The only
time the Fire Department becomes involved is when a fire hazard
is apparent and it relates only to fire code enforcement. This
represents a very small percentage of the complaints and problems
we have in this area.
The Police Department, because it supervises the code enforcement
officers who enforce a number of our ordinances in the evening
and on weekends, becomes involved in such things as junk cars,
some junk storage complaints, parking of vehicles, and delivery
and serving of notices for other departments. The primary
function of the Police Department in these complaint areas
relates to the storage of junk or inoperable vehicles. In the
spring and the fall the code enforcement officers have a program
of systematically driving all the streets in the community and
from the street ascertaining whether there are improperly stored
vehicles. In the other months of the year most of our work in
the area of enforcing the junk vehicle storage ordinances relates
• to receiving complaints or on routine patrol if they happen to
observe an improperly stored vehicle.
M & C No. 87 -12 -3- June 17, 1987
The Health Department enforcement activity generally p y g y covers the
following areas: Improper storage of refuse or garbage; certain
types of outside storage of materials that could create a
harborage for rodents; the general area of health hazards;
improper storage of junk and materials; and pollution areas such
as water, air and noise. Most of their activity is initiated by
citizen or City employee complaint, or if they happen to notice a
violation during their routine inspections..
The Planning and Inspections Department is involved in the
following enforcement areas: Building code and new building
construction; building maintenance code violations (housing
maintenance ordinance); parking of vehicles as per zoning
ordinance requirements; commercial uses in residentially zoned
areas; off - street parking requirements; boulevard parking
requirements; storage of cars and vehicles; and the sale of used
vehicles in residential areas. Because our building inspectors
are out in the community a significant percentage of their time,
they frequently encounter these type of code violations.
As you can see by a description of the various enforcement areas
handled by individual City departments, there is, indeed,
considerable overlap and the opportunity for redundancy and
confusion. However, to date this has been the most economical
way of handling the enforcement of these regulations because
basically we are using existing enforcement personnel and
departmental structures. Our process of enforcement is
consistent among the departments. Generally speaking, if there
is no prior history of problems with a particular property, an
oral notice and /or written notice or letter, noting the type of
violation at a given location, is given to the property owner. A
minimum number of days is given to correct the situation. This
time period varies with the type of problem encountered. If
after receiving the letter or notice of violation a property
owner does not conform to the ordinance and correct the
situation, we will most likely issue a tag after additional
attempts to work out the problem. There are very few situations
where multiple tags are issued. Most all of the problems are
taken care of after a notice or letter of violation of a given
ordinance has been given to a property owner. We estimate that
90% plus of the violations are handled without consternation at
the notice level. If someone has not heeded a notice and a tag
is issued, that usually takes care of most of the remaining
problems, and we usually get code compliance. If tagging the
property owner and paying a fine still has not corrected the
ordinance violation, the City Attorney will issue a formal
complaint. A formal complaint is basically the same as a tag
except it does require the property owner in violation to appear
in court. If this step does not solve the problem, there are
very infrequent occasions when we, through the City Attorney's
office, seek a restraining order in District Court to correct an
ordinance violation.
M & C No. 87 -12 -4- June 17, 1987
One of the most misunderstood portions of our enforcement program
by the public is that the mere fact of someone paying a fine does
not necessarily correct the ordinance violation. An example of
this is a speeding ticket. If you receive a speeding ticket and
pay a fine, that means you have been guilty of speeding, but that
does not mean you will never speed again. We have run into
situations where we have issued multiple tags for improper
vehicle storage to a given property owner and they will pay the
tags and consider it "storage costs ". They still continue to
store the vehicle improperly and on these occasions, after a
number of tags, we will continue on through formal complaint and
possibly even to a restraining order. An additional problem we
encounter in enforcing these nuisance and vehicle storage type
ordinances is the fact that the courts simply do not consider
these violations very seriously. They generally will avoid, if
at all possible, bringing these type of cases before them and
consistently look for ways to avoid making judgments or fines in
this regard. This has been a considerable source of frustration
for the various departments in charge of enforcing these
ordinances. On certain situations we have also used cumbersome
"special assessment" procedures to recover some of the City's
cleanup costs.
RECOMMENDATIONS:
We would recommend the City Council instruct the City Manager, in
conjunction with the City Attorney, to prepare ordinance
amendments relating to the following matters:
1. Section 7 -105 - Accumulation of Refuse and Section 19
103 - Garbage, Rubbish, Weeds, Junk, etc. should be
modified to add some procedural due process rights and
to make special assessment levies for cleanup of these
nuisances more enforceable.
2. Modify sections of the nuisance ordinances which relate
to the storage of usable items and clarify the
situation so it is more enforceable.
3. Modify sections of the zoning ordinance to make it
clear that the use of semi - trailers as storage
buildings is not allowed.
4. Prepare necessary ordinance changes which would extend
the building maintenance code to nonresidential
structures. (If approved, this action would require
additional enforcement personnel.)
5. Prepare ordinance changes which would allow no vehicle
or material storage on nonoccupied property.
M & C No. 87 -12 -5- June 17, 1987
• 6. Request the City Attorney and staff to review the
nuisance sections of our ordinance and determine if
court ruling since its passage require its
modification.
7. It is my understanding that our current ordinance
allows vehicles up to 25 feet in length to be parked
and stored in residential areas. You may wish to
consider modifying this regulation to eliminate the
storage of commercial type vehicles.
It would also be my recommendation that you direct my office to
review the current administrative enforcement procedures for
Brooklyn Center after the Council has settled on any of the above
recommended ordinance changes, and prior to their passage make
recommendations on the method of enforcing existing and new
ordinances.
The staff has reviewed carefully requests by citizens relating to
changing the regulations in the area of vehicle storage. We have
had requests to limit the number of vehicles that can be stored
on a given property, limiting their size, require pavement of
storage areas and similar recommendations about storage of
vehicles. At this time we do not recommend to the Council
• passage of those kind of ordinance changes. Other communities
indicate that these type of ordinances have been difficult to
enforce for a variety of reasons. Most of their problems of
enforcement related to "proving a case" when it comes time for
court enforcement. The simpler ordinances which just put a
maximum number of vehicles that can be stored on a given property
end up to be easier to enforce, but create a considerable
hardship and consternation in the community. Typically four or
five is the number of vehicles or trailers that are allowed under
these type ordinances. It is not at all an unusual case for that
number to be exceeded in a typical Brooklyn Center neighborhood.
It is not unusual to drive down a residential area in Brooklyn
Center and observe that a family might have the husband and wife
each having a car, two teenagers living at home having a car, and
a camper trailer and boat trailer stored on the property. The
total is six vehicles in this situation and the ordinance
requirement is typically four or five. We can also find
locations in Brooklyn Center where that number of vehicles are
stored regularly without complaints from neighbors and from an
objective point of view, the storage is not a nuisance or an
eyesore. On the other hand, we can go into neighborhoods where
the storage of four vehicles on a site is an eyesore and produces
complaints from the neighbors. It appears too that while the
number of vehicles at times is a complaint producer, the location
and the maintenance or appearance of the storage produces the
most complaints.
i
M & C No. 87 -12 -6- June 17, 1987
The staff will be prepared to discuss other aspects of these
storage and maintenance complaints at the Council meeting. We
will also have slides showing examples of complaint situations.
Respectfully submitted,
Gerald G. Sp inter
City Manager
i
•
/,6 -6
MEMORANDUM
TO: Gerald G. Splinter, City Manager
FROM: Geralyn R. Barone, Personnel Coordinatorl/)
DATE: June 18, 1987
SUBJECT: Resolutions and Bylaws of Advisory Commissions
Resolutions amending the duties, responsibilities, and parameters
of the City Council's advisory commissions and a set of
commission bylaws are attached for consideration at the June 22,
1987, City Council meeting. The resolutions incorporate changes
reviewed by the advisory commissions and recommended by the City
Council. A resolution dissolving the conservation commission is
also attached.
In addition to amendments to the housing, human.rights, and park
and recreation advisory commissions' enabling resolutions, there
are similar amendments made to the enabling resolution of the
planning commission. The purpose of the changes to all
resolutions is to approach unity and consistency in the format of
the resolutions.
I will be in attendance at Monday evening's Council meeting to
answer any questions that may arise on this matter.
/5b r
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 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
gY
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, 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.
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 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, other r activit
Y. y
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.
RESOLUTION NO.
Qualifications for Membership hid Members of the
Commission shall be residents of the City of Brooklyn
Center while serving on the Commission, shall have been
residents 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 is the
applicant, petitioner, or appellant, nor in the
consideration of any application, petition, or appeal
wherein his interest might reasonably be expected to
affect his 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 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 b Mayoral yoral appointment with
majority consent of the City Council.
Compensation: p ion: Commissioners shall serve without
compensation.
V. Change Subdivision 8 to read:
The initial meeting f the Commission shall 1 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
RESOLUTION NO.
such clerical and research duties on behalf of the
Commission as may be assigned by the Chairperson or the
City Manager.
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.
RESOLUTION NO. 73 -140
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 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.
(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 ) Stud the feasibility of s
Y establishing Y g 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 g g 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.
(13) Provide education seminars for the citizens of
Brooklyn Center in matters o
Y f housing.
g
(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.
-2-
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:
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.
-3-
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
residents 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 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 wherein h
y e is the
applicant, petitioner, or appellant, nor in the
consideration of any application, petition, or appeal
wherein his interest might reasonably be expected to
affect his 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 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.
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.
-4-
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.
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.
-5-
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.
-6-
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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 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. Change Subdivision 1 to read:
This organization shall be known as the Brooklyn Center
Human Rights and Resources Commission.
II. Renumber Subdivision 2 to Subdivision 3.
III. 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.
RESOLUTION N0,
IV. Renumber Subdivision 3 to Subdivision 4.
V. In new Subdivision 4, add:
(5) Advise and assist in the determination of human
service needs in the community.
VI. Renumber Subdivision 4 to Subdivision 5.
VII. In new Subdivision 5, change to read:
The Commission shall be composed of a Chairperson and
six (6) members, all of whom shall be appointed and
serve as set forth in Subdivision 6.
VIII. Renumber Subdivision 5 to Subdivision 6.
IX. In new Subdivision 6, change to read:
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 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;
g ,
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
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 and Resources 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
RESOLUTION NO,
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.
Qualification for Membership Members of the
Commission shall be residents of the City of Brooklyn
Center while serving on the Commission, shall have been
residents 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 is the
applicant, petitioner, or appellant, nor in the
consideration of any application, petition, or appeal
wherein his interest might reasonably be expected to
affect his impartiality.
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 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.
Compensation Commissioners shall serve without
compensation.
RESOLUTION NO,
X. Renumber Subdivision 6 to Subdivision 7.
XI. In new Subdivision 7, change to read:
The Commission shall adopt such rules and procedures
not inconsistent with these P rovisions as may be
I
necessary for the proper execution and conduct of
business.
XII. Renumber Subdivision 7 to Subdivision 8.
XIII. 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.
XIV. Renumber Subdivision 8 to Subdivision 9.
XV. 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 r h duties on behalf of the
Commission as may be assigned by the Chairperson or the
City Manager.
XVI. Renumber Subdivision 9 to Subdivision 10.
XVII. 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.
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.
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 AND
RESOURCES COMMISSION AND DEFINING ITS DUTIES AND
RESPONSIBILITIES THEREFOR
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 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 and Resources
Commission as follows:
Subdivision 1. TITLE: This organization shall be known
as the Brooklyn Center Human Rights and Resources
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 t
o promote understand'
� P understanding and equal opportunity in
� PP Y
employment, housin public c a
ccommodations
g P , P ublic
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 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 six (6) 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:
Chairperson The Chairperson shall be appointed by the
Mayor with majority consent of the City Council. The
-2-
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 relevant to human
rights and needs, 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 and Resources
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 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.
-3-
Qualifications for Membership Members of the Commission
shall be residents of the City of Brooklyn Center while
serving on the Commission, shall have been residents 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 is the
applicant, petitioner, or appellant, nor in the
consideration of any application, petition, or appeal
wherein his interest might reasonably be expected to
affect his impartiality.
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 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.
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
-4-
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.
-5-
15 - 63
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 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).
RESOLUTION NO.
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.
RESOLUTION N0.
(10) 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.
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
conservation, 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
conservation, 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
RESOLUTION NO.
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.
Qualifications for Membership Members of the
Commission shall be residents of the City of Brooklyn
Center while serving on the Commission, shall have been
residents 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 p art
in the consideration of any matter wherein he is
the
applicant, petitioner, or appellant, nor in the
consideration of any application, petition, or appeal
wherein his interest might reasonably be expected to
affect his 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
RESOLUTION NO,
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.
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 g meetings shall be held with date
and time to be
determined by Commission. Special
p ecial
meetings may be called by the Chairperson.
IX. Change Subdivision 9 to read:
The City Manager y r shall assign one member
g g 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 Council erson -a ointee s
Y p pp hall serve as
an ex officio member of
the Commission, privileged g ed 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 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.
RESOLUTION NO.
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.
XII. Eliminate Subdivision 12.
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.
RESOLUTION NO. 73 -25
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 with the financial capability of the community; P Y Y• 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.
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, 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.
-2-
(10) 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.
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 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
conservation, 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
conservation, 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 fill a
vacancy occurring prior to the expiration of the term for
which his predecessor was appointed shall be appointed
-3-
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 f Brooklyn Center whi le
Y
Y
serving on the Commission, shall have been residents 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 is the
applicant, petitioner, or appellant, nor in the
consideration of any application, petition, or appeal
wherein his interest might reasonably be expected to
affect his 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 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.
-4-
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 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. PARK 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 le 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.
-5-
/5by
Member introduced the following
resolution and moved its adoption:
RESOLUTION NO.
RESOLUTION AMENDING RESOLUTION NO. 87 -87 WHICH DEFINES
DUTIES AND RESPONSIBILITIES OF THE BROOKLYN CENTER
PLANNING COMMISSION THEREFOR
WHEREAS, the City Council wishes to have consistent
language in all City Council advisory commissions' enabling
resolutions.
NOW, THEREFORE, BE IT RESOLVED by the Brooklyn Center
City Council that Resolution No. 87 -87 be amended as follows:
I. Change Subdivision 6, Qualifications for
Membership to read:
Members of the Commission shall be residents of the
City of Brooklyn Center while serving on the
Commission, shall have been residents of said City
for at least one year prior to their appointment,
and shall represent a broad range of interest in
the planning function.
II. Change Subdivision 6, Conflict of Interest to
read:
No Commissioner shall take part in the
consideration of any matter wherein he is the
applicant, petitioner, or appellant, nor in the
consideration of any application, petition, or
appeal wherein his interest might reasonably be
expected to affect his impartiality.
III. Change Subdivision 6, Resignations - Removal from
Office- Vacancies to read:
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 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.
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.
RESOLUTION NO. 87 -87
RESOLUTION NO.
RESOLUTION DEFINING DUTIES AND RESPONSIBILITIES OF THE
BROOKLYN CENTER PLANNING COMMISSION THEREFOR
WHEREAS, the City of Brooklyn Center is promoting
planning of development and redevelopment in the City; and
WHEREAS, provisions for an advisory Planning Commission
were established in Chapter 35 of the City Ordinances; and
WHEREAS, as part of a movement towards standardization
of the City Council advisory commission structure, Chapter 35 of
the City Ordinances relating to the Planning Commission was
amended on March 23, 1987; 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, it is desirable for the City of Brooklyn
Center to continue the function served by the Planning
Commission.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Brooklyn Center that there is hereby established
within the City of Brooklyn Center an advisory Planning
Commission with duties and responsibilities as follows:
Subdivision 1. TITLE: This organization shall be
known as the Brooklyn Center Planning 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 planning functions.
Subdivision 3. PURPOSE: The general purpose of the
Commission is to act in an advisory capacity to the
City Council on issues related to comprehensive
planning of land use and development, platting,
rezoning and special use applications, plan approval,
variances and appeals.
Subdivision 4. DUTIES AND RESPONSIBILITIES: In
fulfillment of its purpose, the duties and
responsibilities of the Commission are as follows:
1. Planning
a. Comprehensive Planning.
The Commission shall, from time to time, upon
its own motion or upon direction of the City
Council, review the Comprehensive Plan and by
a majority vote of all members of the
Commission recommend appropriate amendments to
the City Council.
Before recommending any such amendments to the
City Council, the Commission shall hold at
least one public hearing to consider the
proposed amendment. The staff liaison to the
Commission shall publish notice of the time,
place and purpose of the hearing once in the
official newspaper of the municipality at
least ten (10) days before the date of the
hearing. Furthermore, the staff liaison shall
transmit copies of the proposed amendment to
the City Council prior to the publication of
the notice of hearing.
Following the review and recommendation by the
Commission, the City Council shall consider
the proposed amendment and may, by resolution
of two- thirds of its members, amend the
Comprehensive Plan.
b. Coordination with Other Agencies.
In the performance of its planning activities,
the Commission shall consult with and
coordinate the planning activities of other
departments and agencies of the municipality
to insure conformity with and to assist in a
development of the comprehensive municipal
plan. Furthermore, the Commission shall take
due cognizance of the planning activities of
adjacent units of government and other
affected public agencies.
C. Land Uses
The Commission shall, from time to time,
review and report to the City Council on
balance among Brooklyn Center land uses, and
shall review existing land uses and kindred
regulations, recommending any changes to the
City Council (as outlined in the Brooklyn
Center Year 2000 Committee Report).
-2-
2. Redevelopment
The Commission shall, from time to time, upon its
own motion or upon direction from the City
Council, review and discuss a redevelopment policy
for the City of Brooklyn Center, and make
recommendations to the City Council with regard to
redevelopment in the City.
3. Platting
Before dividing any tract of land into two or more
lots or parcels, an owner or subdivider shall,
unless a variance is authorized, proceed under the
provisions of Chapter 15 of the Ordinances of the
City of Brooklyn Center.
4. Rezoning and Special Use Applications
The Commission shall hear and review all
applications for amendments to the Zoning
Ordinance, hereinafter referred to as "Rezoning
Applications ", and applications for special use
permits. The staff liaison to the Planning
Commission shall maintain permanent files and
records for each application to the Commission.
The record for each application shall consist of a
written application on a form provided by the
municipality, the minutes of the Commission upon
the hearing of the application, and the written
recommendation of the Planning Commission. (See
Section 35 -210, Rezoning, and Section 35 -220,
Special Use Permits of the Ordinances of the City
of Brooklyn Center.)
5. Plan Approval
Every person, before commencing the construction
or major alteration of a structure (except one and
two family dwellings and buildings accessory
thereto), shall submit information as set out in
Section 35 -230 of the Ordinances of the City of
Brooklyn Center.
6. Variances (Adjustments) and Appeals
The Planning Commission shall serve as the Board
of Adjustment and Appeals of the municipality.
When acting as the Board of Adjustments and
Appeals, the Planning Commission's recommendations
shall be advisory to the City Council.
-3-
The rules of parliamentary procedure governing the
conduct of Planning Commission meetings shall also
govern the conduct of the meetings of the Planning
Commission when acting as the Board of Adjustment
and Appeals. The staff liaison to the Planning
Commission shall act as the staff liaison to the
Board of Adjustment and Appeals and shall maintain
permanent files and records for each appeal,
application or petition to the Board of
Adjustments and Appeals. The staff liaison shall
maintain a separate file for each application,
petition, or appeal to the Board of Adjustments
and Appeals and shall place in said file, the
record pertaining to each proceeding which shall
consist of the written application, petition, or
appeal; a copy of the minutes of the hearing of
the Board; and a copy of the written
recommendation of the Board.
The Planning Commission, acting as the Board of
Adjustments and Appeals, shall hear applications
for variances (adjustments) in accordance with
Section 35 -240 and appeals in accordance with
Section 35 -250 of the Ordinances of the City of
Brooklyn Center.
Subdivision 5. COMPOSITION: The Commission shall be
composed of a Chairperson and six (6) 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:
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 p sibilities 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 to planning and
zoning;
3. Review all official minutes of the City Council
and other advisory commissions for the purpose of
informing the Planning Commission of matters
relevant to planning and zoning;
-4-
4. Provide liaison with other governmental and
voluntary organizations on matters relevant to
planning and zoning.
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
two -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.
Qualifications for Membership Members of the
Commission shall be residents of the City of Brooklyn
Center while serving on the Commission, shall have been
residents of said City for at least one year prior to
their appointment, and shall represent a broad range of
interest in the planning function.
Representation Requirements Due regard shall be given
by the Mayor in appointing Commission members with
geographical distribution within the City, as described
in Subdivision 10.
Conflict of Interest No Commissioner shall take part
in the consideration of any matter wherein he is the
applicant, petitioner, or appellant, nor in the
consideration of any application, petition, or appeal
wherein his interest might reasonably be expected to
affect his impartiality.
-5-
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 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.
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: 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. 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.
-6-
West Central Neighborhood: The West Central
M 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.
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.
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.
-7-
r
Member Celia Scott introduced the following
resolution and moved its adoption:
RESOLUTION NO. 87 -87
RESOLUTION DEFINING DUTIES AND RESPONSIBILITIES OF THE
BROOKLYN CENTER PLANNING COMMISSION
WHEREAS, the City of Brooklyn Center is promoting
planning of development and redevelopment in the City; and
WHEREAS, provisions for an advisory Planning Commission
were established in Chapter 35 of the City Ordinances; and
WHEREAS, as part of a movement towards standardization
of the City Council advisory commission structure, Chapter 35 of
the City Ordinances relating to the Planning Commission was
amended on March 23, 1987; 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, it is desirable for the City of Brooklyn
Center to continue the function served by the Planning
( Commission.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Brooklyn Center that there is hereby established
within the City of Brooklyn Center an advisory Planning
Commission with duties and responsibilities as follows:
Subdivision 1. TITLE: This organization shall be
known as the Brooklyn Center Planning 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 planning functions.
Subdivision 3. PURPOSE: The general purpose of the
Commission is to act in an advisory capacity to the
City Council on issues related to comprehensive
planning of land use and development, platting,
rezoning and special use applications, plan approval,
variances and appeals.
Subdivision 4. DUTIES AND RESPONSIBILITIES: In
fulfillment of its purpose, the duties and
responsibilities of the Commission are as follows:
E
SOLUTION NO. 87 -87
The rules of parliamentary procedure governing the
conduct of Planning Commission meetings shall also
govern the conduct of the meetings of the Planning
Commission when acting as the Board of Adjustment
ing
and Appeals. The ttasf liaison
to the
liaison l to n the
Commission shall a c
Board of Adjustment and Appeals and shall maintain
permanent files and records for each appeal,
application or petition to the Board of
Adjustments and Appeals. The staff liaison shall
maintain a separate file for each application,
petition, or appeal to the Board of Adjustment
and Appeals and shall place in said file,
record pertaining to each proceeding which shall
consist of the written application, petition, or
of the minutes of the hearing of
appeal; a copy
the Board; and a copy of the written
recommendation of the Board.
The Planning Commission, acting as the Board of
Adjustments and Appeals, shall hear applications
for variances (adjustments) in accordance with
Section 35 -240 and appeals in accordance with
Section 35 -250 of the Ordinances of the City of
Brooklyn Center.
be
Subdivision 5. COMPOSITION: six Commission s s h all of
composed of a Chairperson and ( 6 )
whom shall be appointed and serve as set forth in
Subdivision 6.
Subdivision 6. MEMBERS METHOD OF SELECTION-TERM OF
OFFICE - REMOVAL:
WniT majority : The Chairperson shall be appointed by the
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 of the
the City Council to present the viewpoint o and
Commission in matters relevant to planning
zoning;
3. Review all official minutes of the City uncil
and other advisory commissions oission of matters
informing the Planning
relevant to planning and zoning;
RESOLUTION NO. 87 -87
4. Provide liaison with other governmental and
voluntary organizations on matters relevant to
planning and zoning.
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
two -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.
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 planning function.
Representation Requirements Due regard shall be given
by the Mayor in appointing Commission members with
geographical distribution within the City, as described
in Subdivision 10.
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.
RESOLUTION NO. 87 -87
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: 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. 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.
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.
RESOLUTION NO. 87 -87
f 1. Planning?
0
a. Comprehensive Planning.
The Commission shall, from time to time, upon
its own motion or upon direction of the City
Council, review the Comprehensive Plan and by
a majority vote of all members of the
Commission recommend appropriate amendments to
the City Council.
Before recommending any such amendments to the
City Council, the Commission shall hold at
least one public hearing to consider the
proposed amendment. The staff liaison to the
Commission shall publish notice of the time,
place and purpose of the hearing once in the
official newspaper of the municipality at
least ten (10) days before the date of the
hearing. Furthermore, the staff liaison shall
transmit copies of the proposed amendment to
the City Council prior to the publication of
the notice of hearing.
Following the review and recommendation by the
Commission, the City Council shall consider
t the ro osed amendment and ma b so lution
P P re
Y Y
of two - thirds of its members, amend the
Comprehensive Plan.
b. Coordination with Other Agencies.
In the performance of its planning activities,
the Commission shall consult with and
coordinate the planning activities of other
departments and agencies of the municipality
to insure conformity with and to assist in a
development of the comprehensive municipal
plan. Furthermore, the Commission shall take
due cognizance of the planning activities of
adjacent units of government and other
affected public agencies.
C. Land Uses
The Commission shall, from time to time,
review and report to the City Council on
balance among Brooklyn Center land uses, and
shall review existing land uses and kindred
regulations, recommending any changes to the
City Council (as outlined in the Brooklyn
Center Year 2000 Committee Report).
RESOLUTION NO. 87 -87
2. Redevelopment
The Commission shall, from time to time, upon its
own motion or upon direction from the City
Council, review and discuss a redevelopment policy
for the City of Brooklyn Center, and make
recommendations to the City Council with regard to
redevelopment in the City.
3. Platting
Before dividing any tract of land into two or more
lots or parcels, an owner or subdivider shall,
unless a variance is authorized, proceed under the
provisions of Chapter 15 of the Ordinances of the
City of Brooklyn Center.
4. Rezoning and Special Use Applications
The Commission shall hear and review all
applications for amendments to the Zoning
Ordinance, hereinafter referred to as "Rezoning
Applications", and applications for special use
permits. The staff liaison to the Planning
Commission shall maintain permanent files and
records for each application to the Commission.
The record for each application shall consist of a
written application on a form provided by the
municipality, the minutes of the Commission upon
the hearing of the application, and the written
recommendation of the Planning Commission. (See
Section 35 -210, Rezoning, and Section 35 -220,
Special Use Permits of the Ordinances of the City
of Brooklyn Center.)
5. Plan Approval
Every person, before commencing the construction
or major alteration of a structure (except one and
two family dwellings and buildings accessory
thereto), shall submit information as set out in
Section 35 -230 of the Ordinances of the City of
Brooklyn Center.
6. Variances ( Adjustments) and Appeals
The Planning Commission shall serve as the Board
of Adjustment and Appeals of the municipality.
When acting as the Board of Adjustments and
Appeals, the Planning Commission's recommendations
shall be advisory to the City I rY Y C
ouncil.
i
RESOLUTION NO. 87 -87
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.
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.
April 20, 1987
Date M'
ATTEST: UI
Clerk
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, Celia Scott, Bill Hawes, and Rich Theis;
and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted.
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 6th day
of April , 1987 at 7 :30 p.m. at City Hall, 6301 Shingle Creek
Parkway, to consider an amendment to Chapter 35 regarding the Planning
Commission.
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. 87 -03
AN ORDINANCE AMENDING CHAPTER 35 REGARDING THE PLANNING COMMISSION
FOLLOWS: THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn
Center is hereby amended in the following manner:
Section 35 -201. PLANNING COMMISSION. A Planning Commission of seven
members is hereby stablished and continued inued as a planning agency advisor to the
g g Y Y
City Council. The Planning, Commission shall have the powers and duties
conferred upon it by statute charter, ordinance or resolution The Planning
Commission shall serve as the Board of Ad'ustments and Appeals for the puri3ose
of considering variances and appeals
[Any vacancy in an office of Planning Commissioner, by expiration of
his/her term, resignation, or removal shall be filled by appointment of the
Mayor, confirmed by a majority vote of the Council. Upon appointment, each
Commissioner shall serve for a term of two years or until a successor has been
appointed.
Each Commissioner shall be a resident of the municipality and shall
subscribe to the appropriate oath of office.
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.
The Planning Commission shall annually elect its Chairman and b
adopt rules of Y
majority vote may p parliamentary procedure for the conduct of
Commission meetings. The said meetings of the Commission shall be held at least
once a month and shall be open to the public.
There shall be a Secretary to the Planning Commission appointed by the
City Manager of the municipality, who shall prepare the minutes of the meetings
of the Commission and shall maintain the files and records of the Commission.
The Secretary shall have any additional duties delegated to him by the
Commission, the City Manager or by the provisions of this ordinance.]
ORDINANCE NO. 87 -03
Section 35 -202. [DUTIES OF THE PLANNING COMMISSION] COMPREHENSIVE
PLANNING
[1. Plannine
[a.] 1. Comprehensive Planning.
The Commission shall, from time to time, upon its own motion
or upon direction of the City Council, review the
Comprehensive Plan and by a majority vote of all members of
the Commission recommend appropriate amendments to the City
Council.
Before recommending any such amendments to the City Council,
the Commission shall hold at least one public hearing to
consider the proposed amendment. The Secretary to the
Commission shall publish notice of the time, place and purpose
of the hearing once in the official newspaper of the
municipality at least ten (10) days before the date of the
hearing. Furthermore, the Secretary shall transmit copies of
the proposed amendment to the City Council prior to the
publication of the notice of hearing.
Following the review and recommendation by the Commission, the
City Council shall consider the proposed amendment and may, by
resolution of [a majority] two - thirds of its members, amend
the Comprehensive Plan.
[b.] 2. Coordination with Other Agencies.
In the performance of its planning activities, the Commission
shall consult with and coordinate the planning activities of
other departments and agencies of the municipality to insure
conformity with and to assist in a development of the
comprehensive municipal plan. Furthermore, the Commission
shall take due cognizance of the planning activities of
adjacent units of government and other affected public
agencies.
[2. PlattinZ
Before dividing any tract of land into two or more lots or
parcels, an owner or subdivider shall, unless a variance is
authorized, proceed under the provisions of Chapter 15 of the
Ordinances of the City of Brooklyn Center.
3. Rezoninz and Special Use Applications
The Commission shall hear and review all applications for
amendments to the Zoning Ordinance, hereinafter referred to as
Rezoning Applications ", and applications for special use permits.
The Secretary of the Planning Commission shall maintain permanent
files and records for each application to the Commission. The
record for each application shall consist of a written application
ORDINANCE NO. 87 -03
on a form provided by the municipality, the minutes of the
Commission upon the hearing of the application, and the written
recommendation of the Planning Commission. (See Section 35 -210,
Rezoning, and Section 35 -220, Special Use Permits.)
4. Plan Approval
Every person, before commencing the construction or major
alteration of a structure (except one and two family dwellings and
buildings accessory thereto), shall submit information as set out
in Section 35 -230 hereof.
5. Variances (Adjustments) and Appeals
The Planning Commission shall serve as the Board of Adjustment and
Appeals of the municipality. When acting as the Board of
Adjustments and Appeals, the Planning Commission's recommendations
shall be advisory to the City Council.
The rules of parliamentary procedure governing the conduct of
Planning Commission meetings shall also govern the conduct of the
meetings of the Planning Commission when acting as the Board of
Adjustment
� and Appeals. The Secretary of the Plannin g Commission
shall act as the Secretary of the Board of Adjustment and Appeals
and shall maintain permanent files and records for each appeal,
application or petition to the Board of Adjustments and Appeals.
The Secretary shall maintain a separate file for each application,
petition, or appeal to the Board of Adjustments and Appeals and
shall place in said file, the record pertaining to each proceeding
which shall consist of the written application, petition, or
appeal; a copy of the minutes of the hearing of the Board; and a
copy of the written recommendation of the Board.
The Planning Commission, acting as the Board of Adjustments and
Appeals, shall hear applications for variances (adjustments) in
accordance with Section 35 -240 and appeals in accordance with
Section 35 -250.1
Section 2. This ordinance shall become effective after adoption and
upon thirty (30) days following its legal publication.
Adopted this 20th day of April 1987.
r
ATTEST
Clerk
Date of Publication March 19, 1987
Effective Date April 20, 1987
(Underline indicates new matter, brackets indicate matter to be deleted.)
Member introduced the following
resolution and moved its adoption:
RESOLUTION NO.
RESOLUTION DISSOLVING THE BROOKLYN CENTER CONSERVATION
COMMISSION
WHEREAS, Resolution No. 69 -318 created a Brooklyn
Center Conservation Commission and defined duties and
responsibilities therefor; and
WHEREAS, the City of Brooklyn Center's Year 2000 Report
indicated that the Conservation Commission reported that their
activities have been displaced by an existence of a high degree
of conservation awareness in the community and in society in
general; and
WHEREAS, the Year 2000 Report also indicated that the
Conservation Commission's mission has been accomplished to an
extent their activities could be merged with another commission;
and
WHEREAS, the Year 2000 Committee recommended to the
City Council that the charges and responsibilities of the
Conservation Commission be merged with one or more of the other
active commissions; and
WHEREAS, the charges and responsibilities have been
merged with the Park and Recreation Commission's enabling
Resolution No. 87-
NOW, THEREFORE, BE IT RESOLVED by the Brooklyn Center
City Council that the Conservation Commission is hereby dissolved
and relinquished of its duties and responsibilities.
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.
Member Theodore Willard introduced the following resolution
and moved its adoption:
IF RESOLUTION NO. 69 -318
RESOLUTION CREATING A BROOKLYN CENTER CONSERVATION
COMMISSION AND DEFINING DUTIES AND RESPONSIBILITIES
THEREFOR
WHEREAS, the citizens of Brooklyn Center, as well as those of many
other communities in the State of Minnesota have become increasingly con-
cerned about the preservation of natural resources and the ever - growing
pollution of our living environment; and
WHEREAS, the City of Brooklyn Center has experienced a period of
intensive growth and development, and it is anticipated that such growth will
continue for an indeterminate period; and
WHEREAS, substantial urbanization of a community is invariably
accompanied by a loss of natural resources such as wildlife habitat, natural
beauty, and access to lakes and streams; and by pollution of the environment;
and
WHEREAS, loss of these resources adversely affects the community
Potential for health, welfare and enjoyment of natural beauty, as well as the
existence of suitable wildlife and naturalist areas for use by the schools as
teaching aids; 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 all present and future citizens of the community the
continued right to an unpolluted environment, to access to lakes and streams
in the community, to parks which afford natural beauty as well as recreational
enjoyment, and to nature sites which provide suitable habitat for maintaining
certain wildlife.
BE IT FURTHER RESOLVED that there is hereby established within the
City of Brooklyn Center a commission for the conservation of environmental
resources as follows:
Subdivision 1. TITLE: This organization shall be known as the
Brooklyn Center Conservation Commission.
Subdivision 2. SCOPE: The scope of this commission shall be
advisory to the City Council and to other Brooklyn Center appointive
commissions to the extent that matters relevant to the field of con-
servation are of mutual concern.
Subdivision 3. PURPOSE: The purpose of this commission is to
Resolution No. 69 -318
Subdivision 3. (continued)
stimulate interest in the conservation of environmental resources
in the City of Brooklyn Center, to coordinate conservation projects
within the community, to be informed of conservation matters at
the County, Metropolitan, State and Federal levels of government
to the -extent that they affect Brooklyn Center, and to advise the
City Council of actions that should be considered by said Council
relevant to matters of conservation.
Subdivision 4. DUTIES AND RESPONSIBILITIES: In fulfillment of
its purpose, the duties and responsibilities of the commission
shall be to:
(1) Conduct an informational program to increase awareness
of the public in conservation matters, such as wise use
of parks, the pollution attendant to open burning, the
value and importance of maintaining nature sites.
(2) Know current problems and future plans as they relate
to Brooklyn Center regarding clean air, watershed and
clean water, beautification, land use as it relates to
conservation, and solid waste disposal, utilizing resources
such as District Soil, Land and Water Managers, Minnesota
Pollution Control Agency, Minnesota Environmental Con -
cerned Citizens Association, Minnesota Environmental
Resources Council, Inc., Metropolitan Council and others
as appropriate.
(3) Provide information to, and coordination with, the school
districts of Brooklyn Center to encourage educational use
of wild areas by all age groups, using curriculum and
training resources available through such organizations
as the Golden Valley Environmental Center and the Long
Lake Conservation Camp.
(4) Provide information to, and coordination with, Brooklyn
Center organizations interested in conservation such as
youth groups, sportsman groups, garden clubs, civic
organizations and the like.
(S) Coordinate activities with other communities and agencies
to the extent appropriate in matters pertinent to the con-
servation of environmental resources such as water and
land boundaries, waste disposal, and air pollution.
(6) Consult with the Brooklyn Center Park and Recreation
Commission on the conservation and naturalist aspects of
parks such as the acquisition of open land, the improvement
of habitat for wild species, and the planned use for parks
having natural wild life areas.
Resolution No. 69 -318
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,
Subdivision 6. 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.
The Chairman shall assure fulfillment of the following responsibilities
in addition to those otherwise described herein:
(a) Preside over meetings of the Commission;
(b) Appear, or appoint a representative to appear, before
all City advisory commissions, as well as the City Council,
to present the viewpoint of the Commission on matters
pertaining to the conservation of environmental resources
as it relates to business under consideration by said
Commissions or Council;
(c) Review all City Council, Planning Commission and
Park & Recreation Commission agendas and minutes and
inform the Conservation Commission of matters therein
pertaining to conservation of environmental resources;
(d) Provide liaison with other governmental and volunteer
units in matters of conservation of environmental resources
for the purpose of obtaining timely information for the Commission
regarding matters that are relevant to the City of Brooklyn Center.
Members' Terms of Office Members of the Commission shall be
appointed 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 con-
tinue to serve until his successor is appointed and shall have qualified.
Initial Appointment: The first Commission shall become effective
January 1, 1970, and shall consist of a Chairman and two members
appointed for a term of three years, two members appointed for a
term of two years, and two members appointed for a term of one year.
Vacancies - Resignations - Removals from Office: Commissioners may
resign voluntarily or be removed from office by a majority vote of the
I Council. Vacancies of the Commission shall be filled by the Mayor
upon approval by a majority vote of the Council.
Compensation: Commissions shall serve without compensation.
Resolution No. - 69-318
Qualification for Membership Members of the Commission shall
be residents.of the City of Brooklyn Center while serving on the
Commission, and shall have demonstrated through their actions
a broad range of interest in, and some knowledge of, the field of
conservation.
Subdivision 7. 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 8. RULES AND PROCEDURES: The Commission shall
adopt such rules and procedures not inconsistent with these pro -
visions as may be necessary for the proper execution and conduct
of business; provided, however, that such procedures shall make
provision for the establishment of specific conservation task groups
to further the objectives of the Commission, which are appointed
by the Commission, whose qualifications for membership shall be
at the discretion of the Commission, which include at least one
Commission member on each task group, and which shall include,
but not be limited to the following:
(a) A task group to promote the educational use of
naturalist sites in Brooklyn Center;
(b) A task group to advise the Park and Recreation Commission
and the City Council on the beautification of parks and the
use of parks for encouragement of wild life development;
(c) A task group to work with other Brooklyn Center
volunteer groups toward the furtherance of conservation
projects in Brooklyn Center.
No task group shall promote or otherwise lend its name or
support any conservation activity or project which has not
been approved by majority vote of the Commission.
Subdivision 9. MEETINGS: The initial meeting of the Commission
shall be convened at the call of the Chairman by February 1, 1970.
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 10. 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 Commission as may be assigned by the Chairman.
Resolution No. - 69-318
Subdivision 11. 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 a liaison between the Commission and the Council.
December 1, 1969 e
Date Mayor
ATTEST:
nr
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 duly passed and adopted.
t
BY -LAWS
of the
BROOKLYN CENTER CONSERVATION COAM-gISSION
PROPOSE?: September 14, 1972
REVIEWED AND ADOPTED: September 28, 1972
Pursuant to Resolution No. 69 -318, adopted by the City Council of the
City of- Brooklyn Center on December 1, 1969, relating to and pro-
viding for the establishment, appointment, organization and respon-
sibilities of the Brooklyn Center Conservation 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
a. Chairman
(1) Preside over meetings of the Commission.
(2) Appear, or appoint a representative to appear,
before all City Advisory Commissions, as
well as the City Council, to present the
viewpoint of the Commission on matters
pertaining to the conservation of environ-
mental recourses as it relates to business
under consideration by said Commissions or
Council.
(3) Review all City Council, Planning Commiss_LizF.
and Park and Recreation Commission minutes
and inform the Conservation Commission of
matters therein pertaining to conservation
of environmental resources.
(4) Provide liaison with other governmental and
volunteer units in matters of conservation
of environmental resources for the purpose
of obtaining timely information for the
Commission regarding matters that are
relevant to the City of Brooklyn Center.
-2-
b. Vice - Chairman
(1) perform such duties as may be assigned by
the Chairman.
(2) Assume the Chair in the absence of the
Chairman.
KIRTICL'Z' II Me etings
The Corx shall hold regular- public meetings.
Special rv:,etings may be called at any time by the
Chairman upon sufficient notification of all Commission
members.
ARTI C?;, III,. Quorum
A quorum shall consist of a majority of the members
of the Ccmmission.
ARTI^I,F rye. At tendance
Unexcused absence on the part of a Commission member
from three consecutive regular meetings shall consti-
tute grounds for the Commission Chairman to recommend
to the Mayor the removal of said member.
AFTI -LE V Minutes
Minutes of each regular meeting shall be provid=-A to
each Commission member in writing prior to the
commencement of the succeeding regular meeting.
ARTICLE VI. Task Groups
Section 1. Structure
The Commission may create Task Groups to furtinc.
the objectives of the Commission. The Task Groups
shall include, but not be limited to the following;
a. A Task Group to promote the educational use of
naturalist sites in Brooklyn Center;
b. A Task Group to advise the Park and Recreation
Commission and the City Council on the
beautification of parks and the use of parks
for encouragement of wildlife development.
-3-
c, A Task Group to work with other Brooklyn Center
volunteer groups toward the furtherance of
conservation projects in Brooklyn Center.
No Task Group shall promote or otherwise lend its
name or support to any conservation activity or
project which has not been approved by majority
vote cf the Commission.
Section 2. Membersh
Each Task Group shall consist of at least one
Commissioner.
£ °ction 3. Task Group Chairman and Their Duties
a. The Chairman of each Task Group shall be
appointed by the Commission Chairman for a
term of one year. The Task Group Chairman
may be reappointed.
b. The Task Group Chairman must submit in writing
to an annual report of the Task Groups actions.
The report shall be submitted to the Commission
Chairman.
c. Each Task Group Chairman shall appoint a
secretary from the Task Group membership.
The Secretary shall record and maintain minutes
of the Task Group meetings. These minute.3
shall be submitted to the Commission Chairman.
d. Each Chairman shall schedule regular task
group meetings.
ARTICLE VII. General Provisions
a. No member of the Conservation Commission or its
Task Groups 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 Coordin-
ator.
-4-
ACtICIE VIII Parliamentary Authority
Robert's Rules of Orcer shall be the governing
authority for all meetings of the Commission and
for its task groups
ARt_ICL:. IX. Amendm
These by -laws may be amended by a two - thirds vote of
the Co^�.mission provided that ten days advance notice
in writing has beFn given a"•. Commission members.
b
CITY OF BROOKLYN CENTER
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 and
Resources, 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 and Resources 68 -44, 69 -35, 71 -211, 74 -68, 87-
Park and Recreation 73 -25, 77 -52, 87-
Planning 87 -87, 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 meetings. Special
meetings may be called at any time by the Chairperson upon
sufficient notification to all Commission members.
Article III. Quoru m
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 or unexcused absences from a majority of
duly called Commission meetings within one calendar year
shall constitute automatic resignation from office.
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 Chairperson
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 Newly Revised 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 four - fifths vote of the
City Council.
/5c
MEMORANDUM
TO: Gerald G. Splinter, City Manager
q
FROM: Geralyn R. Barone, Personnel Coordinator` J "
DATE: June 18, 1987 /
SUBJECT: Traffic Safety Advisory Committee Restructuring
In the process of reviewing the duties and responsibilities of
the City Council's advisory commissions, the subject of the
status of the Brooklyn Center Traffic Safety Advisory Committee
(TSAC) arose. The City Council may wish to consider
restructuring the process for handling raffic complaints to
g P
better accommodate the needs of citizens.
The TSAC was created in the early 1980s to respond to citizen
traffic complaints and reduce the number of such complaints
reaching the City Council. The nine - member advisory committee is
selected from the general citizenry of the community and
appointed by the Mayor.
About the time the TSAC was formed, an Administrative Traffic
Committee (ATC), consisting of the City Manager, Director of
Public Works Chief of Police, Engineering Technician IV and
Police Administrative Assistant, was developed to respond to
initial traffic complaints. Presently, the ATC meets on a
regular basis (approximately once a month) to review, discuss,
and resolve such complaints. In recent years, the ATC has
processed an annual average of 39 complaints. In addition, the
ATC reviews traffic patterns and flows in the City and discusses
policy issues related to traffic.
Because of the ATC's efficiency n resolving y 1 g complaints, the TSAC
has not met since February 9, 1984. In the months P rior to that
date the TSAC often met to discuss certain traffic complaints
generated by TSAC members rather than review citizen complaints.
In recent years, few traffic - related issues have been
unsatisfactorily resolved by the ATC and have progressed to the
City Council hearing process.
Considering these circumstances, the City Council may wish to
dissolve the TSAC and, in its place, create an appeals committee.
Such a committee could consist of three residents, of which at
least two will have some background in traffic practices. The
purpose of the new appeals committee would be to review citizen
appeals from decisions made by the ATC, and the committee would
meet only on an as- needed basis. The creation of such a
committee should accommodate the needs of the City more
appropriately than the existing TSAC.
This proposal will appear as a discussion item on the June 22,
1987, City Council agenda. Please let me know if you need
additional information on this subject.
Licenses to be approved by the City Council on June 22, 1987:
AMUSEMENT DEVICE - OPERATOR
K -Mart 5930 Earle Brown Drive
Chief of Police
FOOD ESTABLISHMENT LICENSE
Food Express 1131 Brookdale Mall
Sanitarian
ITINERANT FOOD ESTABLISHMENT LICENSE
Scoreboard Pizza 6816 Humboldt Ave. N. ` %V ( r� �✓��L
Sanitarian ; J(
MECHANICAL SYSTEMS LICENSE
Care Heating and A /C, Inc. 1211 Old Highway 8
Cronstrom's Heating and A /C, Inc. 4410 Excelsior Blvd. J -t_
Build -Lng Official
RENTAL DWELLING LICENSE
Initial:
Paul Hinck 4715 France Avenue North
Renewal:
Lang - Nelson Associates Chalet Court Apartments
Brian A. Patnode 5916 Bryant Avenue North
Douglas Williams 5107 Drew Avenue North
Carlin Shefveland 5308 Emerson Avenue North
B. F. Dabtowski 5001 Ewing Avenue North
Marcus Corporation 6415 James Circle North
Tracy Rice 6907 Morgan Avenue North
Richard Ploof 5319 Queen Avenue North
Shingle Creek Tower 6221 Shingle Creek Pkwy.
Robert Schmidt 1425 55th Avenue North
Bobby Robson 1107 57th Avenue North
Edward Doll 1201 57th Avenue North
John Byrnes 3019 63rd Avenue North
T. W. Thorbus 4300 63rd Avenue North
Merle G. Biggs 3910 65th Avenue North
Joseph Roche 824 69th Avenue North
Dennis Peterson 4811 69th Avenue North
Myrna L. Hubert 5300 70th Circle North
Director of Planning ";d<
and Inspection
TAXICAB LICENSE
Yellow Suburban 3555 5th Avenue South �� •� 11 Ytt�I
Chief of Police � y,k
GENERAL APPROVAL: r
D. K. Weeks, City Clerk
MEMORANDUM
TO: Gerald G. Splinter, City Manage
FROM: Jim Lindsay, Chief of Police'
DATE: June 22, 1987
SUBJECT: Temporary On -Sale Beer License for the Brooklyn
Center High School Athletic Boosters
We have received an application from the Brooklyn Center High
School Athletic Boosters Association for a temporary on -sale beer
license. They wish to sell 3.2 beer in Central Park June 27 and
28, 1987 in connection with the Early Bird Women's Softball
Tournament. This item is late getting on the agenda, because
they are experiencing a problem getting their insurance
certificate. We still have not received this certificate,
however as this is the last Council Meeting before the event, we
. would like this license passed conditional upon the receipt of
the insurance certificate.
CITY 6301 SHINGLE CREEK PARKWAY
:BR
OO BROOKLYN CENTER, MINNESOTA 55430
E TELEPHONE 561 -5440
C ENTER EMERGENCY - POLICE - FIRE
911
June 19, 1987
Dear Water Customer:
Effective June 16, 1987. the City of Brooklyn Center implemented a
City -wide ban on lawn and garden sprinkling between the hours of 3
P.m. and 9 P.M.. This ban will remain in effect until further notice
(Note: This ban replaces the calendard odd -even restrictions
which were implemented on June 5, 1987 but provided to be
relatively ineffective.)
Why Is This Ban Necessary?
As you know, water use is at record levels this year due to high
temperatures and lack of precipitation. Compounding that problem,
the City temporarily _lost the use of one of its largest wells when
an underground collapse necessitated its shut -down and repair.
Repairs are in progress, but will take another two to three weeks.
Cooperation Requested
In addition to your compliance with the sprinkling ban, we ask that
you use voluntary measures to avoid waste and help conserve water.
Please check your sprinkling systems to be sure that water is not
wasted on pavements and sidewalks, that leaking fixtures are repaired,
etc.
We believe that the combination of these restrictions and your
cooperation will reduce water consumption enough so that it will not
be
necessary to implement a total ban on sprinkling.
Enforcement
Enforcement officers will monitor compliance with this ban. They are
authorized to issue tickets that could cost the violator up to $700.
If you have any questions regarding this sprinkling ban call 561 -5440
between 8 a.m. and 4:30 p.m., Monday through Friday.
Thank you for your cooperation.
Sy Knapp
Director of Public Works
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