Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2002 06-24 CCP Reguler Session
AGENDA CITY COUNCIL STUDY SESSION June 24, 2002 6:00 P.M. City Hall: Temporary Administration Conference Room 1" Floor 1. City Council discussion of agenda items and questions 2. Miscellaneous 3. Adjourn Public Copy CITY COUNCIL MEETING . City of Brooklyn Center June 24, 2002 AGENDA 1. Informal Open Forum With City Council - 6:45 p.m. - provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation — 7 p.m. 3. Call to Order Regular Business Meeting -The City Council requests that attendees turn off cell phones and pagers during the meeting. 4. Roll Call ® 5. Pledge of Allegiance 6. Council Report 7. Approval of Agenda and Consent Agenda -The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes - Council Members not present at meetings will be recorded as abstaining from the vote on the minutes. 1. June 10, 2002 - Study Session 2. June 10, 2002 - Regular Session b. Licenses C. Approval of Site Performance Guarantee Releases: -CSM Corporation — 3200 Northway Drive - Brookpark Dental Center — 6437 Brooklyn Boulevard • - Stoner & Associates — 5001 Drew Avenue North CITY COUNCIL AGENDA -2- June 24, 2002 d. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees e. An Ordinance Vacating Certain Storm Sewer Easement Within Lot 7, Block 1, BOBENDRIER'S 4 TH ADDITION - Motion to approve first reading and set second reading and public hearing for July 22, 2002. 8. Presentation a. Deloitte & Touche LLP Presentation on Annual Financial Report - Resolution Accepting the Comprehensive Annual Financial Report of the City of Brooklyn Center for the Calendar Year Ended December 31, 2001 - Requested Council Action: - Motion to adopt resolution. 9. Public Hearing a. Resolution Authorizing the Issuance, Sale and Delivery of Multifamily Housing Revenue Refunding Bonds (GNMA Collateralized Mortgage Loan — Shingle Creek Tower Project), Series 2002; Prescribing the Form of and Authorizing the Execution • of Related Documents; Authorizing the Use of An Official Statement; And Providing for the Security, Rights, and Remedies of the Holders of Said Revenue Bonds - Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt resolution. 1. Resolution Authorizing the Reprogramming of Funds From the City of Brooklyn Center's 2001 and 2002 Community Development Block Grant Program Years - Requested Council Action: - Motion to adopt resolution. 2. Resolution Authorizing Execution of Community Development Block Grant Agreement By and Between the City of Brooklyn Center, Minnesota and BOCA Limited Partnership - Requested Council Action: - Motion to adopt resolution. CITY COUNCIL AGENDA -3- June 24, 2002 10. Planning Commission Item a. Planning Commission Application No. 2002 -008 Submitted by Schuss Clark Architectural Corporation. Request for site and building plan approval to redevelop the old Baker's Square Restaurant site at 5601 Xerxes Avenue North into a 4,040 sq. ft. International House of Pancakes (IHOP) Restaurant. The Planning Commission recommended approval of this application at its June 13, 2002, meeting. -Requested Council Action: - Motion to approve Planning Commission Application No. 2002 -008 subject to the conditions recommended by the Planning Commission. 11. Council Consideration Items a. Resolution Relating to Local Government Information Systems; Authorizing the Execution and Delivery of Second Amendment to the Joint and Cooperative Agreement - Requested Council Action: - Motion to adopt resolution. b. Resolution Finalizing Improvement Project No. 1998 -09, Construction of Public • Safety Facility, 67th and Humboldt Avenues North; Improvement Project No. 1998- 10, Demolition of Old and Construction of New West Fire Station, 63rd and Brooklyn Boulevard; and Improvement Project No. 1998 -11, East Fire Station Remodeling - Requested Council Action: - Motion to adopt resolution. C. Sale and Use of Fireworks -An Emergency Ordinance Amending Section 19 -403 of the City Ordinances of the City of Brooklyn Center Regarding the Sale and Use of Fireworks - Requested Council Action: - Motion to adopt emergency ordinance. -An Ordinance Amending Section 19 -403 of the City Ordinances of the City of Brooklyn Center Regarding the Sale and Use of Fireworks - Requested Council Action: - Motion to approve first reading of ordinance and set public hearing and second reading for July 22, 2002. 12. Adjournment City Council Agenda Item No. 7a • • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION JUNE 10, 2002 WEST FIRE STATION — TRAINING ROOM CALL TO ORDER STUDY SESSION The Brooklyn Center City Council met in Study Session and was called to order by Mayor Myrna Kragness at 6:00 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also present were City Manager Michael McCauley, Assistant City Manager Jane Chambers, and Deputy City Clerk Maria Rosenbaum. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Council discussed City Council agenda items 8a, Planning Commission Application No. 2002 -006 • submitted by Westbrook Development, Inc. requesting for rezoning and development plan approval through the Planned Unit Development (PUD) process for the development of a 34,228 sq. ft. four building, mixed use commercial /retail development at the northeast quadrant of 69 and Brooklyn Boulevard, 8b, Planning Commission Application No. 2002 -007 submitted by Westbrook Development, Inc. requesting for preliminary and final plat approval to subdivide 5.6 acres of land at the northeast quadrant of 69 and Brooklyn Boulevard, 9d, fireworks discussion, 9e, code enforcement report, 9f, preliminary report on May Mobilization Traffic and Safety Saturation, and 9g, resolution ordering the correction of hazardous conditions safety and health hazards and other ordinance and statutory violations with respect to those apartment buildings located at 2802, 2806, 2810, 2814, 2818, 2822, 2826, 2830, 2834, 2838, 2900, 2904, 2908, 2912, 2916, 2920, 2924, 2928, 2932, 2936, and 2940 Northway Drive, Brooklyn Center, Minnesota 55430 legally described as Tract B, Registered Land Survey No. 1186 Hennepin County, Minnesota. Councilmember Lasman commended the work done by the Police Department with respect to the mobilization traffic and safety saturation; and suggested that an article be printed in the City Watch next year regarding the use and sale of fireworks. Councilmember Ricker requested clarification on the timeframe in regards to the Summerchase buildings coming into compliance with City Ordinances and statutory violations. City Prosecutor Bill Clelland discussed the timeframe that had been provided to Summerchase and the outcome of the orders for the corrections. 06/10/02 -1- DRAFT CITY COUNCIL PROCLAMATIONS • Council discussed the proclamations and resolutions that had been declared in 2000 through 2002. There was no action taken on this item. MISCELLANEOUS Council discussed Brookdale and Brooklyn Park's rental housing ordinance. ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn the Study Session at 6:59 p.m. Motion passed unanimously. City Clerk Mayor e 06/10/02 -2- DRAFT • 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 10, 2002 WEST FIRE STATION — TRAINING ROOM 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum at 6:45 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also present were City Manager Michael McCauley, Assistant City Manager Jane Chambers, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. No one wished to address the Council. • ADJOURN INFORMAL OPEN FORUM The Council adjourned the Informal Open Forum at 6:59 p.m. 2. INVOCATION A moment of silence was offered. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session and was called to order by Mayor Myrna Kragness at 7:01 p.m. 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also present were City Manager Michael McCauley, Assistant City Manager Jane Chambers, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 06/10/02 -1- DRAFT 5. PLEDGE OF ALLEGIANCE • The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Lasman reported that she attended the Association of Metropolitan Municipalities Dinner on May 30, 2002, the Legislative Wrap -up meeting on June 1, 2002, the Grand Opening of Barnes and Noble at Brookdale and the Northwest Human Rights Coalition meeting on June 4, 2002, the Northwest Hennepin Human Services Council Open House on June 5, 2002, and a Public Law Update Workshop on June 7, 2002. Councilmember Ricker reported that he attended the Barnes and Noble Grand Opening on June 4, 2002. Councilmember Nelson reported that he attended the Earle Brown Board of Directors meeting on June 4, 2002, and on June 6, 2002, he attended the Northwest Suburbs Cable Communications Commission meeting. Mayor Kragness added that there will be a craft show on Saturday, June 29, 2002, and encouraged people interested to attend. She noted that the Entertainment in the Park will be held again this year and encouraged people to attend these events. 7. APPROVAL OF AGENDA AND CONSENT AGENDA • Councilmember Nelson requested removal of Consent Agenda Item 6d, Resolution Approving Final Plat, HC BROOKDALE (Hennepin County Regional Center) and placing it as Council Consideration Item 9h. There was a motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the agenda and consent agenda as amended. Motion passed unanimously. 7a. APPROVAL OF MINUTES There was a motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the minutes of the May 28, 2002, study and regular sessions. Motion passed unanimously. 7b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the following list of licenses. Motion passed unanimously. 06/10/02 -2- DRAFT e I AMUSEMENT DEVICE OPERATOR • Americinn Motel and Suites 2050 Freeway Boulevard Brooklyn Center Community Center 6301 Shingle Creek Parkway Brooklyn Center Legion 6110 Brooklyn Boulevard Chi -Chi's 2101 Freeway Boulevard Chuckwagon Grill 5720 Morgan Avenue North Comfort Inn 1600 James Circle North Davanni's 5937 Summit Drive Earle Brown Bowl Lanes 6440 James Circle Family Dollar 2105 North 57 Avenue Ground Round 2545 County Road 10 Holiday Inn North 1501 Freeway Boulevard MCTO 6845 Shingle Creek Parkway Scoreboard Pizza 6816 Humboldt Avenue North Thunder Alley 5930 Earle Brown Drive MECHANICAL Architect Mechanical, Inc. 105 Old Highway 8, New Brighton Flare Heating 9303 Plymouth Avenue North, Golden Valley Schadegg Mechanical, Inc. 225 Bridgepoint Drive South. St. Paul RENTAL Renewal: 1200 67th Avenue North Tom Morrow 5347 Penn Avenue North Joyce A. Lillie Initial: 5308 Russell Avenue North Donna M. Reinarz SIGNHANGER Spectrum Sign Systems 5680 Flint Trail, Wyoming 7e. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 2002 -73 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 06/10/02 DRAFT 7d. RESOLUTION APPROVING FINAL PLAT, HC BROOKDALE (HENNEPIN • COUNTY REGIONAL CENTER) This item was removed and placed on Council Consideration as item 9h. 7e. RESOLUTION APPROVING CHANGE ORDER NO. 1, IMPROVEMENT PROJECT NOS. 2002 -05, 06, AND 07, GARDEN CITY SOUTH STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS RESOLUTION NO. 2002 -74 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 1, IMPROVEMENT PROJECT NOS. 2002- 05, 06, AND 07, GARDEN CITY SOUTH STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 8. PLANNING COMMISSION ITEMS 8a. PLANNING COMMISSION APPLICATION NO. 2002-006 SUBMITTED BY • WESTBROOK DEVELOPMENT, INC. REQUEST FOR REZONING AND DEVELOPMENT PLAN APPROVAL THROUGH THE PLANNED UNIT DEVELOPMENT (PUD) PROCESS FOR THE DEVELOPMENT OF A 34,228 SQ. FT., FOUR BUILDING, MIXED USE COMMERCIAL/RETAIL DEVELOPMENT AT THE NORTHEAST QUADRANT OF 69TH AND BROOKLYN BOULEVARD. 1. RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2002 -006 SUBMITTED BY WESTBROOK DEVELOPMENT, INC. 8b. PLANNING COMMISSION APPLICATION NO. 2002-007 SUBMITTED BY WESTBROOK DEVELOPMENT, INC. REQUEST FOR PRELIMINARY AND FINAL PLAT APPROVAL TO SUBDIVIDE 5.6 ACRES OF LAND AT THE NORTHEAST QUADRANT OF 69TH AND BROOKLYN BOULEVARD INTO FOUR LOTS. 1. RESOLUTION APPROVING FINAL PLAT, JOHNCO ADDITION (69 AND BROOKLYN BOULEVARD) 06/10/02 -4- DRAFT • • 2. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (NE QUADRANT OF 69TH AND BROOKLYN BOULEVARD) City Manager Michael McCauley informed the Council that this item along with agenda item 8b, relate to the same subject matter and that the developer for this development was present to discuss with the Council the progress of the development. He suggested that the developer provide a presentation to the Council before asking Planning and Zoning Specialist Ron Warren to outline the Planning Commission items. Greg Watson, Westbrook Development Inc., addressed the Council to update them on the progress of the development at the corner of 69"' and Brooklyn Boulevard. They have finalized with Culvers and continue to focus on service- oriented businesses for the other leases at this location. Mr. Watson discussed the decorative fencing that will be used around this development and that the back of the development will have an eight foot privacy fence. Mr. Warren outlined the technical issues for both Planning Commission Applications 2002 -006 and 2002 -007. The Planning Commission recommended both applications at its meeting on May 30, 2002. Planning Commission Application 2002 -006 had the following recommendations included in the proposed resolution to be adopted by the City Council: ® 1. The Planned Unit Development is compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. 2. The Planned Unit Development proposal will allow for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. 3. The utilization of the property as proposed under this Planned Unit Development rezoning is considered a reasonable use of the property and will conform with city ordinance standards except for allowing a less than 15 ft. greenstrip along the Brooklyn Boulevard and 70' Avenue North rights of way in the location of a proposed convenience store /gas station/car wash; and to allow parking and a portion of a drive lane to encroach in a 35 ft. buffer area located along the east side of the site. These modifications from the C -2 standards are justified on the basis of the development being an appropriate redevelopment of this area and that they are offset or mitigated by various factors contained in the approved site plan. 4. The Planned Unit Development proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the City. 5. The Planned Unit Development proposal appears to be a good long range use of the e existing land and this redevelopment can be considered an asset to the community. 06/10/02 -5- DRAFT 6. In light of the above considerations, it is believed that the guidelines for evaluating • re- zonings as contained in Section 35 -208 of the City's Zoning Ordinance are met and that the proposal is, therefore, in the best interest of the community. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2002 -006 be approved subject to the following conditions and considerations: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of building permits to assure completion of all site improvements. 4. B -612 curb and gutter shall be provided around all driving and parking areas. 5. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. • 6. All buildings shall be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 7. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 8. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances with the exception of freestanding signs authorized by Condition No. 18. 9. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 10. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. 06/10/02 -6- DRAFT 11. The plans shall be modified to provide: a. Concrete parking delineators at the end of parking rows north of the 21,500 sq. ft. multi- tenant building and south of the 4,230 sq. ft. restaurant /retail building. b. A continuation of the decorative iron fence with masonry piers in the Brooklyn Boulevard greenstrip adjacent to the Culver's Restaurant. c. A lighting plan consistent with the requirements of Section 35 -712 of the Zoning Ordinance. 12. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center standard specifications and details. 13. The applicant shall obtain an NPDES permit from the Minnesota Pollution Control Agency and shall also provide adequate erosion control as approved by the City's Engineering Department. 14. Trash pick up and truck deliveries on the east side of the multi- tenant building located adjacent to the residential properties to the east shall be confined to the hours of 8:00 a.m. through 5:00 p.m. e 15. No building permit will be issued for construction of any of the proposed buildings until the plat comprehended under Planning Commission Application No. 2002 -007 has been given final approval by the City Council and filed with Hennepin County. 16. The applicant shall enter into a PUD agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of building permits. Said development agreement shall be filed with the title to the property and shall acknowledge the specific modifications to the C -2 underlying zoning district as well as all other conditions of approval. The agreement shall further assure compliance with the development plans submitted with this application. 17. Approval of the PUD comprehends only conceptual approval of the Super America gas station/convenience store /car wash. Plans shall be submitted for Planning Commission and City Council review and approval. The layout shall be such that the car wash is not located adjacent to Brooklyn Boulevard. 06/10/02 -7- DRAFT 18. PUD approval authorizes two freestanding development signs to be • incorporated in the corner landscape nodes at 69th and 70th Avenues and Brooklyn Boulevard and a freestanding monument type identification sign for Culver's and SuperAmerica to be located on their respective sides of the Brooklyn Boulevard entrance. The monument signs shall not exceed 12 ft. in height and 145 sq. ft. in area. No other freestanding identification signs shall be permitted with the PUD. 19. The applicant shall provide on site traffic control signs as deemed appropriate by the City Engineer. The Planning Commission recommended the following conditions for Planning Commission Application No. 2002 -007: I 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. Approval of this preliminary plat is contingent upon approval of Planning Commission Application No. 2002 -006. 4. Appropriate cross access and cross parking agreements, as approved by the City Attorney, shall be developed and filed with the final plat. 5. The 60 ft. wide utility easement remaining after the vacation of June Avenue right of way shall be shown on the final plat. 6. The plat shall be modified to eliminate the jog in the south lot line for the proposed Lot 3. This area shall be dedicated as right -of -way. 7. Building permits for construction of any of the buildings comprehended under Planning Commission Application No. 2002 -006 shall not be issued until the final plat has been approved by the City Council and filed with Hennepin County. Councilmember Lasman questioned if all four motions could be made under one motion for Planning Commission Applications 2002 -006 and 2002-007. Mr. c aule informed the Council that one McCauley pp Y motion would be acceptable. RESOLUTION NO. 2002 -75 I Councilmember Lasman introduced the following resolution and moved its adoption: 06/10/02 -8- DRAFT • RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2002 -006 SUBMITTED BY WESTBROOK DEVELOPMENT, INC. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve Planning Commission Application No. 2002 -007 subject to the above listed conditions recommended by the Planning Commission. Motion passed unanimously. RESOLUTION NO. 2002-76 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING FINAL PLAT, JOHNCO ADDITION (69 AND BROOKLYN BOULEVARD) The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve first reading of ordinance amending Chapter 35 of the City Ordinances regarding the zoning classification of • certain land (NE quadrant of 69 and Brooklyn Boulevard). Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. RESOLUTION RECOGNIZING ERIC ROISUM IN APPRECIATION OF HIS SERVICE TO THE CITY OF BROOKLYN CENTER Mayor Kragness read the resolution recognizing Eric Roisum for his 15 years of service to the City of Brooklyn Center. RESOLUTION NO. 2002 -77 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING ERIC ROISUM IN APPRECIATION OF HIS SERVICE TO THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. I 0 06/10/02 -9- DRAFT 9b. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE • BROOKLYN CENTER LIONS CLUB IN SUPPORT OF THE EARLE BROWN DAYS JUNIOR GOLF TOURNAMENT Mayor Kragness read the resolution expressing appreciation for the gift of $300 to be used for the Earle Brown Days Junior Golf Tournament. RESOLUTION NO. 2002 -78 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF THE EARLE BROWN DAYS JUNIOR GOLF TOURNAMENT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9c. RESOLUTION AUTHORIZING THE EXECUTION OF A JOINT COOPERATIVE AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND HENNEPIN COUNTY FOR PARTICIPATION IN THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN FY 2003 -2005 Mr. McCauley discussed that this resolution is one that is before the Council every two years to • continue qualification as an Urban County for purposes of the Community Development Block Grant and HOME Programs. The program years are for Federal Fiscal Years July 2002 through July 2004. RESOLUTION NO. 2002 -79 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE EXECUTION OF A JOINT COOPERATIVE AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND HENNEPIN COUNTY FOR PARTICIPATION IN THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN FY 2003 -2005 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 9d. FIREWORKS DISCUSSION Mr. McCauley informed the Council that Fire Chief Ron Boman had raised an issue of whether or not the City should regulate fireworks given the relaxation of State Law on fireworks. 06/10/02 -10- DRAFT • • City staff had reviewed this matter and the general consensus was that licensing was not indicted, but that some limitations on where and how fireworks were sold would be appropriate from a safety and land use perspective. After further discussion, it was the consensus of the Council to have an emergency ordinance prepared by the City Attorney and presented to the Council at its June 24, 2002, meeting. A regular ordinance would follow the adoption of the emergency ordinance. 9e. CODE ENFORCEMENT REPORT Mr. McCauley reported on the areas that had been inspected during the summer sweep. Some of the orders issued included 128 unlicensed/inoperable vehicles, 83 illegal parking /storage of vehicles, and 51 accumulation of rubbish, brush, and debris. There were a total of 363 orders and the summer sweep will continue with re- inspections along with new complaints received. Mr. McCauley informed the Council that another report regarding the completion of the summer sweep would be prepared and shared with the Council. 9f. PRELIMINARY REPORT ON MAY MOBILIZATION TRAFFIC AND SAFETY SATURATION Mr. McCauley discussed that the May Mobilization Traffic and Safety enforcement began on May • 28, 2002. Five officers had been dedicated to work this project with no overtime needed. The total activity through day six of this project accumulated 593 violations with 358 of the violations issued for speed citations. The areas of concentration had been based upon a statistical review of reported problem areas that included Humboldt, Highway 100, 69 Avenue, and Brooklyn Boulevard. This project will end on June 7, 2002, and a final report will be prepared. 9g. RESOLUTION ORDERING THE CORRECTION OF HAZARDOUS CONDITIONS SAFETY AND HEALTH HAZARDS AND OTHER ORDINANCE AND STATUTORY VIOLATIONS WITH RESPECT TO THOSE APARTMENT BUILDINGS LOCATED AT 2802, 2806, 2810, 2814, 2818, 2822, 2826, 2830, 2834, 2838, 2900, 2904, 2908, 2912, 2916, 2920, 2924, 2928, 2932, 2936, AND 2940 NORTHWAY DRIVE, BROOKLYN CENTER, MINNESOTA 55430 LEGALLY DESCRIBED AS TRACT B, REGISTERED LAND SURVEY NO. 1186 HENNEPIN COUNTY, MINNESOTA Mr. McCauley discussed that this resolution would order the correction of hazardous conditions and other ordinance and statutory violations pursuant to Minnesota Statutes 463.15. Councilmember Nelson stated that he believes the Council has done its due diligence on this issue and that the Council needs to protect the citizens of Brooklyn Center. i • 06/10/02 -11- DRAFT RESOLUTION NO. 2002 -80 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ORDERING THE CORRECTION OF HAZARDOUS CONDITIONS SAFETY AND HEALTH HAZARDS AND OTHER ORDINANCE AND STATUTORY VIOLATIONS WITH RESPECT TO THOSE APARTMENT BUILDINGS LOCATED AT 2802, 2806, 2810, 2814, 2818, 2822, 2826, 2830, 2834, 2838, 2900, 2904, 2908, 2912, 2916, 2920, 2924, 2928, 2932, 2936, AND 2940 NORTHWAY DRIVE, BROOKLYN CENTER, MINNESOTA 55430 LEGALLY DESCRIBED AS TRACT B, REGISTERED LAND SURVEY NO. 1186 HENNEPIN COUNTY, MINNESOTA The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 9h. RESOLUTION APPROVING FINAL PLAT, HC BROOKDALE ( HENNEPIN COUNTY REGIONAL CENTER) Councilmember Nelson discussed that he had requested to have this item removed from the Consent Agenda to report that the City had worked cooperatively with the County on this plan. RESOLUTION NO. 2002 -81 Councilmember Nelson introduced the following resolution and moved its adoption: • RESOLUTION APPROVING FINAL PLAT, HC BROOKDALE ( HENNEPIN COUNTY REGIONAL CENTER) The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 10. ADJOURNMENT There was a motion by Councilmember Ricker, seconded by Councilmember Lasman to adjourn the City Council meeting at 7:58 p.m. Motion passed unanimously. City Clerk Mayor 06/10/02 -12- DRAFT • • City Council Agenda Item No. 7b e • City of Brooklyn Center A Millennium Community • TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy City Clerk 40- DATE: June 18, 2002 SUBJECT: Licenses for Council Approval The following companies /persons have applied for City licenses as noted. Each company /person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Licenses to be approved by the City Council on June 24, 2002. GARBAGE HAULER Ace Solid Waste, Inc. 6601 McKinley Street NW, Ramsey Darling International, Inc. 9000382 nd Avenue, Blue Earth Mengelkoch Company 119 NW 14 Street, New Brighton Walz Brothers Sanitation P.O. Box 627, Maple Grove Waste Management 10050 Naples Street NE, Blaine ® RENTAL Renewal: 540163 d Avenue North John Schwarz Initial: 6406 Indiana Avenue North William Coleman 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 • City Council Agenda Item No. 7c • e • MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning Speciali' -- w, C . Subject: Site Performance Guarantee Release Date: June 19, 2002 The following site performance guarantees being held by the City to assure the completion of various site improvements should be recommended to the City Council for release: 1. CSM Corporation (Credit Union Building) — 3200 Northway Drive Planning Commission Application No. 98026 • Amount of Guarantee - $15,000 (Performance Bond) Obligor — Construction 70, Inc. All site improvements and conditions for which a site performance guarantee was posted have been completed with respect to this 1999 project. An as built survey has been submitted to the Engineering Department and other engineering matters have been completed. Landscaping related to the Credit Union building was installed and has survived at least one growing season. The City Council recently approved site and building plans for the last building in this complex. A new financial guarantee will be posted to assure the completion of site work related to the last building. It is recommended that the City Council authorize release of the $15,000 performance bond based on the completion of this portion of the site. 2. Brookpark Dental Center — 6437 Brooklyn Boulevard Planning Commission Application No. 2000 -019 Amount of Guarantee - $70,000 (Certificate of Deposit) Obligor — DRF Dental Buildings, LLC All site improvements and conditions for which a site performance guarantee was • posted have been installed or completed for this project. An as built survey of the • property has been submitted to the Engineering Department and other engineering related items have been addressed. The City Council had authorized reduction of the $70,000 financial guarantee to $10,000 in August 2001. Release of the remaining amount was dependent on landscape improvements surviving the winter. The obligor never submitted a reduced financial guarantee, therefore, we are still holding the original $70,000 amount. It is recommended that the City Council authorize release of the entire $70,000 financial guarantee based on completion of the project. 3. Stoner and Associates, Inc. — 5001 Drew Avenue North Planning Commission Application No. 2000 -023 Amount of Guarantee - $12,000 (Cash) Obligor — Stoner and Associates, Inc. All site improvements and conditions for which a site performance guarantee was posted have been completed for this 2001 project. The Engineering Department has received the as built information requested and other engineering items have • been completed. All landscaping was installed in the fall of 2001 and the obligor was advised that consideration for the release of the entire financial guarantee would be considered provided landscape improvements survive the winter months. A review of the site indicates that the landscaping is viable. It is recommended that the City Council authorize release of the $12,000 financial guarantee based on completion of this project. • City Council Agenda Item No. 7d • MEMORANDUM DATE: June 19, 2002 TO: Michael J. McCauley, City Manager FROM: Joyce Gulseth, Public Works Administrative Aide SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees The attached resolution represents the official Council action required to expedite removal of the trees most recently marked by the City tree inspector, in accordance with approved procedures. It is anticipated that this resolution will be submitted for council consideration each meeting during the summer and fall as new trees are marked. • • • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES WHEREAS, a Notice to Abate Nuisance and Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners twenty (20) days to remove diseased trees on the owners' property; and WHEREAS, the City can expedite the removal of these diseased trees by declaring them a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: I. The diseased trees at the following addresses are hereby declared to be a public nuisance: • TREE PROPERTY OWNER PROPERTY ADDRESS - - - -- - - - -- --------- NUMBER ----------------------- - - - - -- CITY OF BROOKLYN CENTER BEHIND 6730 5TH ST N 13,14 MERNEY ANKROM 5948 BRYANT AVE N 15 LOREN CROWE 6234 LILAC DR N N 16 CITY OF BROOKLYN CENTER EAST PALMER PARK 17,18 BRUCE & CECELIA HOLMSTROM 5916 ALDRICH AVE 19,20 HELEN PELTIER 6506 WILLOW LANE 21 DAVID WAGTSKJOLD 6854 WEST RIVER RD 22 RICHARD ARMSTRONG 5602 LOGAN AVE N 23 CITY OF BROOKLYN CENTER CENTRAL PARK 24 2. After twenty (20) days from the date of the notice, the property owner(s) will receive a second written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. All removal costs, including legal, financing, and administrative charges, shall be specially assessed against the property. • • RESOLUTION NO. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • • City Council Agenda Item No. 7e MEMORANDUM DATE: June 19 2002 TO: Michael J. McCauley, City Manager FROM: Todd Howard, City Engineer SUBJECT: An Ordinance Vacating a portion of a storm sewer easement within Lot 7, Block 1, BOBENDRIER'S 4TH ADDITION The owners of the above described property, Eugene J. and Jean H. Sullivan have requested portion of the storm sewer easement to be vacated.. In 1957 the Village of Brooklyn n Center acquired a strip f land being 50 feet in width across Y q p g certain properties for installation of a storm sewer system. In 1959 the property was platted as BOBENDRIER'S 4 ADDITION. This plat provided for a 30 foot wide easement (15 feet each side of the platted lot line to accommodate the existing storm sewer. The underlying 50 foot wide easement was not vacated and the home at 7007 Grimes Ave. was built and encroached into the 50 foot easement by approximately 12.77 feet. The owners are requesting to vacate the northerly 15 feet of the original 50 foot wide easement. • This vacation will not affect the use and maintenance of the existing storm sewer. Consistent with the City Charter, the first reading for and ordinance vacating certain portions of a storm sewer easement for Lot 7, Block 1, BOBENDRIER'S 4 ADDITION. s • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 22nd day of July, 2002, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance vacating a certain utility easement within Lot 7, Block 1, BOBENDRIER'S 4TH ADDITION. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE VACATING CERTAIN STORM SEWER EASEMENT WITHIN LOT 7, BLOCK 1, BOBENDRIER'S 4TH THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Vacate that portion of an easement for installation and maintenance of storm sewer over the north 50.0 feet of the south 683 feet of Lot 2, Auditor's Subdivision No. 57, on file and of record being Document No. 3101441, Book 2157 of Deeds, Page 537, Hennepin County, Minnesota. The easement to be vacated is described as the north 15.0 feet • of the above described easement lying within Lot 7, Block 1, BOBENDRIER'S 4 11, ADDITION, on file and of record, Hennepin County, Minnesota. Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of .2002. Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeouts indicate matter to be deleted, underline indicates new matter.) • City Council Agenda Item No. 8a e • Member introduced the following resolution and moved its S adoption: RESOLUTION NO. RESOLUTION ACCEPTING THE COMPREHENSIVE ANNUAL FINANCIAL REPORT OF THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR ENDED DECEMBER 31, 2001 WHEREAS, the City of Brooklyn Center is required by State Statute and City Charter to annually produce financial statements for submission to the Office of the State Auditor by June 30 and WHEREAS, the City of Brooklyn Center is required to provide an auditor's opinion as to the representations in the annual financial statements; and WHEREAS, the attached financial statements have been audited by Deloitte & Touche LLP as required; and WHEREAS, Deloitte & Touche LLP have opined that the general purpose financial statements present fairly, in all material respects, the financial position of the City of Brooklyn Center as of December 31, 2001. ® NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Comprehensive Annual Financial Report for the City of Brooklyn Center for the calendar year ended December 31, 2001 is hereby accepted. Date Mayor ATTEST: City Clerk The motion for adoption of the forgoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: whereupon said resolution was declared duly passed and adopted. YP P Memorandum Date: June 18, 2002 To: Michael J McCauley City Manager From: Douglas Sell Director of Fiscal and Support Services RE: Comprehensive Annual Financial Report (CAFR) for the Year Ended December 31, 2001 Auditors from Deloitte & Touche have completed their work including a review of the City's CAFR for the year ended December 31, 2001. Representatives from Deloitte & Touche made a presentation to the City Council and the Financial Commission at the council's work session on Monday, June 17, 2001. Mr. Hoffman has indicated that he will be present at the City Council meeting on Monday, June 24, 2002 to make the formal presentation. Submission of the CAFR to the Office of the State Auditor is mandated by statute no later than June 30, 2002. We are suggesting that the attached resolution be presented to the • Council for adoption at the June 24, 2001 meeting to meet the submission deadline. Copies of the CAFR were provided to the City Council along with several letters from the auditor to include the Auditor's Report on Compliance and Internal Control and the Auditor's Management Letter. We have reviewed the management letter and provided responses to the comments and observations of the auditor. Our comments have been summarized in a memorandum and attached. • Memorandum Date: June 17, 2002 To: Michael J McCauley City Manager From: Douglas Sell Director of Fiscal and Support Services RE: 2001 Audit — Management Letter As part of the annual audit, Deloitte and Touche have provided the City with a management letter that contains comments related to operations and observations. We have developed a response to this correspondence as follows. Computer Processing Environment The management letter identified a reportable condition that relates to our relationship with LOGIS. We concur with the observation and share some of the same concerns. We have encouraged LOGIS to consider a full SAS 70 report as part of their audit plan for 2002 with reports available for our 2003 CAFR. ® For the current year, 2001, we have received assurances in narrative form from LOGIS' auditor that documentation and protocols are in place but not yet checked. This is the process that should occur as part of the 2003 audit for LOGIS. Inventory System — Liquor Operations We concur that the cycle counting system is an effective inventory validation process. Currently, the liquor operation does perform a monthly count and compares that count against maintained records. Adjustments are made to inventory as appropriate. These monthly counts are reviewed by management and, if necessary, corrective actions are made. Depreciation Policy We concur with the observation and will correct the perceived deficiency. Under the current accounting policy, we have not overstated the amount necessary for replacement by requiring that amounts charged against some operations, such as police, have sufficient funds available for purchase of new squads on a predetermined basis, two to three years. The salvage value is considered as part of the replacement cost calculation. This ensures that the increased cost of a new squad will be accurate as there is usually a salvage value of $5,000 per vehicle, depending on the specific vehicle. We will make the adjustments to recognize a reasonable salvage but not to the extent that it negatively impacts our ability to ensure adequate funding of our replacement funds. • This should bring us into compliance with GAAP requirements. Pre -audit Entrance Conference • We concur with the observation and suggestion. There are, from time to time, issues that may be of special concern to the City Council, management or the audit firm. Although we have a pre -audit meeting now, these generally cover the timing concerns, workspace issues and the like rather than substantive issues that may be of interest. Post - employment Benefits We agree that the City has made an effort to identify and provide for this benefit. We are not sure that an actuarial report will provide any additional analysis than we already provide. Our table identifies individuals that are eligible and the liability that is incurred. We have projected costs for each individual applying reasonable premium increases, 3% per annum, and have determined that our investment earnings have provided the necessary level of funding to maintain the benefit. The cost of contracting for an actuarial report on this item would be $10,000 to $20,000. The results of such a report would probably not clarify the financial implications as the actuarial assumptions must include an inflationary factor for premium increases. It is not clear that their estimate would be any more accurate than the currently employed 3% annual increase established for this program. The program provides for a specific benefit for a specified period of time. The only variable is the inflation rate for premiums. Segregation of Duties This item has appeared the last two years. The issue relates directly to a LOGIS problem • in that the lock box operation would require LOGIS involvement. To date, they have not been in a position to provide the kind of support necessary to implement this program that would require software and hardware investment. As an alternative, we have begun a reviewing to determine if ACH, an automated payment system, can be affordably implemented in the City. Financial Reporting Model This appears to be an information item regarding GASB 34 implementation. We concur that it will be a significant change from` our current financial statement presentation. The final page of the management letter discusses prior year comments and recommendations. Investment Policy This observation was predicated on the commercial paper concern from the end of 2000. The Council has taken action to revise the investment policy that limits investment in more risky securities. Traditionally, the City has held to a buy and hold to maturity program. We do not see changes to that philosophy. Post - employment Benefits Previously discussed. • Capitalization Policy • As noted in the 2000 letter, management has suggested that these issues be addressed upon conversion to GASB 34 when all capital and fixed asset items must be captured, valued and fully recorded. It seems appropriate that the capitalization policy would be addressed at that time rather that going through the exercise twice. • • City Council Agenda Item No. 9a MEMORANDUM TO: Michael McCauley, City Manager FROM: Brad Hoffman, Community Development Director DATE: June 20, 2002 r C SUBJECT: Shingle Creek Towers Bond Issue Monday evening, the Council will hold a public hearing on the proposed issuance of housing revenue bonds for the acquisition and rehabilitation of the Shingle Creek Towers Apartments. The bond issue is limited to $6,000,000. In conjunction with the bond issue, the Council will be asked to amend the CDBG appropriation for this project to include expenditure for either acquisition or rehabilitation. Currently, CDBG monies can be used only for acquisition. This is a technical change only. The final action being requested of the Council would have them approve the development agreement between the City and the developer BOCA (Amcon). Passage of these three (3) items would constitute final approval of the project and it's financing which include tax - exempt housing revenue bonds and tax credits. The monies will be used to acquire ® the property and rehabilitate the building. The building is in need of extensive repairs including window replacement, mechanical repair /replacement and reinforcement of the brick exterior. The owner can provide you with a detailed report Monday relative to all activities and repairs to be undertaken. The resolution authorizes the Mayor and City Manager to execute all documents and take necessary or required actions to issue these bonds. The bond documents have been reviewed by the City's bond attorney and found to be in order. The bond closing, subject to the City's approval, will take place July 31, 2002 with rehabilitation to commence shortly thereafter. The proposed new owners of the building will be available Monday evening to answer Council questions. A bound copy of all the bond documents is available for Council review if they would like to see them prior to the hearing. I would estimate that the documents total in excess of 150 to 200 pages. • Member introduced the following resolution and i s moved its adoption: RESOLUTION NO. A RESOLUTION AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (GNMA COLLATERALIZED MORTGAGE LOAN — SHINGLE CREEK TOWER PROJECT), SERIES 2002; PRESCRIBING THE FORM OF AND AUTHORIZING THE EXECUTION OF RELATED DOCUMENTS; AUTHORIZING THE USE OF AN OFFICIAL STATEMENT; AND PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES OF THE HOLDERS OF SAID REVENUE BONDS. WHEREAS, the City of Brooklyn Center, Minnesota (the "Issuer" or the "City ") is a municipal corporation and political subdivision duly organized and existing under the Constitution and laws of the State of Minnesota; and WHEREAS, pursuant to the Constitution and laws of the State of Minnesota, particularly Mimnesota Statutes, Chapter 462C, as amended (the "Act "), the Issuer is authorized to carry out the public purposes described therein and contemplated thereby in the financing of housing within its jurisdiction, by issuing revenue bonds and refunding revenue bonds to defray, in whole or in part, the development costs of a low and moderate income rental housing development, and by entering into any agreements made in connection therewith and by pledging any such agreements as ® security for the payment of the principal of and interest on any such revenue bonds; and WHEREAS, pursuant to the Act, the Issuer has issued its Multifamily Housing Revenue Bonds (Shingle Creek Tower Project) Series 1999, in the original aggregate principal amount of $7,200,000 (the "1999 Bonds "), for the purpose of financing the acquisition and rehabilitation of a one hundred twenty -two (122) unit qualified residential rental project known as the Shingle Creek Tower (the "Project ") by Boca Limited Partnership, a Minnesota limited partnership (the "Borrower "), as purchaser of the Project; and WHEREAS, the Borrower has requested the Issuer to issue its Multifamily Housing Revenue Refunding Bonds (GNMA Collateralized Mortgage Loan - Shingle Creek Tower Project) Series 2002 (the "Bonds ") for the purpose of refunding the 1999 Bonds; and WHEREAS the Issue has as on this date conducted a public hearing on the issuance of the Bonds, after due publication of notice thereof in a newspaper of general circulation in the City; and WHEREAS, the Bonds shall be payable solely from amounts pledged therefor under the Indenture hereinafter referred to, and neither the Issuer (except to the extent of the trust estate pledged in the Indenture), Hennepin County (the "County ") nor the State of Minnesota nor any political subdivision thereof shall be liable on the Bonds, and the Bonds shall not be a debt of the e Issuer (except to the extent of the trust estate pledged in the Indenture), the County or the State of Minnesota or any political subdivision thereof, and in any event shall not give rise to a charge RESOLUTION NO. • against the credit or taxing power of the Issuer, the County, the State of Minnesota, or any political subdivision thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF BROOKLYN CENTER, MINNESOTA THAT: Section 1. The Issuer acknowledges, finds, determines, and declares that the preservation of the quality of life in the City is dependent upon the maintenance, provision, and preservation of an adequate housing stock, which is affordable to persons and families of low or moderate income, and that accomplishing this is a public purpose. Section 2. For the purpose of refunding a portion of the 1999 Bonds, thereby financing a portion of the costs of acquisition, rehabilitation and equipping of the Project, there is hereby authorized the issuance of the Bonds, in an aggregate principal amount not to exceed $6,000,000. The Bonds shall bear interest at such rates, not to exceed 6.5% per annum, shall be in such denominations, shall be numbered, shall be dated, shall mature, shall be subject to redemption prior to maturity, shall be in such form, and shall have such other details and provisions as are prescribed by the Indenture described herein. The final principal amount and interest rate shall be determined by the Mayor, in her discretion; provided that the • execution thereof by the Mayor shall be conclusive evidence of such determination. Section 3. The Bonds shall be special obligations of the Issuer payable solely from the revenues of the Project, in the manner provided in the Indenture. The Bonds do not constitute an indebtedness, liability, general or moral obligation (except to the extent of the trust estate pledged under the Indenture) or a pledge of the faith and credit or any taxing power of the Issuer, the County, the State of Minnesota, or any political subdivision thereof. The Issuer hereby authorizes and directs the Mayor of the Issuer (the "Mayor ") and the City Manager of the Issuer (the "City Manager ") to execute the Indenture of Trust (the "Indenture ") between the Issuer and Wells Fargo Bank Minnesota, National Association (the "Trustee "), and hereby authorizes and directs the execution of the Bonds in accordance with the Indenture, and hereby provides that the Indenture shall provide the terms and conditions, covenants, rights, obligations, duties, and agreements of the bondholders, the Issuer, and the Trustee as set forth therein. All of the provisions of the Indenture, when executed as authorized herein, shall be in full force and effect from the date of execution and delivery thereof. The Indenture shall be substantially in the form on file with the Issuer on the date hereof, and is hereby approved, with such necessary and appropriate variations, omissions, and insertions as are not materially inconsistent with such form and as the Mayor, in her discretion, shall determine; provided that the execution thereof by the Mayor shall be ® conclusive evidence of such determination. RESOLUTION NO. • Section 4. The Mayor and the City Manager are hereby designated as the representatives of the Issuer with respect to the issuance of the Bonds and the transactions related thereto and are hereby authorized and directed to accept and execute the Bond Purchase Agreement (the "Bond Purchase Agreement ") from U.S. Bancorp Piper Jaffray Inc. (the "Underwriter "). All of the provisions of the Bond Purchase Agreement, when executed and delivered as authorized herein, shall be in full force and effect from the date of execution and delivery thereof. The Bond Purchase Agreement shall be substantially in the form on file with the Issuer on the date hereof, and is hereby approved, with such necessary and appropriate variations, omissions, and insertions as are not materially inconsistent with such form as the Mayor, in her discretion, shall determine; provided that the execution thereof by the Mayor shall be conclusive evidence of such determination. Section 5. The Mayor and the City Manager are hereby authorized and directed to execute the Financing Agreement, among the Issuer, the Trustee, Glaser Financial Group, Inc. (the "Lender ") and the Borrower (the "Financing Agreement "), and when executed and delivered as authorized herein, the Financing Agreement shall be in full force and effect from the date of execution and delivery thereof. The Financing Agreement shall be substantially in the form on file with the Issuer on the date hereof, which is hereby approved, with such necessary variations, omissions, and insertions as are not materially inconsistent with such form and as the Mayor, in her • discretion, shall determine; provided that the execution thereof by the Mayor shall be conclusive evidence of such determination. Section 6. The Mayor and the City Manager are hereby authorized and directed to accept and execute the Tax Regulatory Agreement (the "Tax Regulatory Agreement ") and the Amended and Restated Regulatory Agreement (the "Housing Regulatory Agreement "), each with the Borrower and the Trustee and, when executed and delivered as authorized herein, the Tax Regulatory Agreement and the Housing Regulatory Agreement shall be in full force and effect from the date of execution and delivery thereof. The Tax Regulatory Agreement and the Housing Regulatory Agreement shall be substantially in the forms on file with the Issuer on the date hereof, which are hereby approved, with such necessary variations, omissions, and insertions as are not materially inconsistent with such form and as the Mayor, in her discretion, shall determine; provided that the execution thereof by the Mayor shall be conclusive evidence of such determination. Section 7. Except as otherwise provided in this resolution, all rights, powers, and privileges conferred, and duties and liabilities imposed, upon the Issuer by the provisions of this resolution or of the Indenture or other documents authorized hereby shall be exercised or performed by the Issuer, or by such officers, board, body, or agency as may be required or authorized by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation, representation, or o agreement herein contained or contained in the Indenture or other documents authorized hereby shall be deemed to be a covenant, stipulation, obligation, representation, or agreement of any officer, agent, or employee of the Issuer in that RESOLUTION NO. • person's individual capacity, and neither the members of this City Council nor any officer or employee executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. Section 8. Except as herein otherwise expressly provided, nothing in this resolution or in the Indenture, expressed or implied, is intended or shall be construed to confer upon any person, firm, or corporation other than the Issuer, and the Trustee, as fiduciary for owners of the Bonds, any right, remedy, or claim, legal or equitable, under and by reason of this resolution or any provision hereof or of the Indenture or any provision thereof, this resolution, the Indenture and all of their provisions being intended to be and being for the sole and exclusive benefit of the Issuer and the Trustee as fiduciary for owners of the Bonds issued under the provisions of this resolution and the Indenture, and the Borrower to the extent expressly provided in the Indenture. Section 9. In case any one or more of the provisions of this resolution or of the Indenture or of the Bonds issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this resolution or of the Indenture or of the Bonds, but this resolution, the Indenture, and the Bonds shall be construed as if such illegal or invalid provision had not been contained therein. The terms and conditions set forth in the Indenture, the pledge of • revenues derived from the Project referred to in the Indenture, the pledge of collateral derived from the Project referred to in the Indenture, the creation of the funds provided for in the Indenture, the provisions relating to the application of the proceeds derived from the sale of the Bonds pursuant to and under the Indenture, and the application of said revenues, collateral, and other monies are all commitments, obligations, and agreements on the part of the Issuer contained in the Indenture, and the invalidity of the Indenture shall not affect the commitments, obligations, and agreements on the part of the Issuer to create such funds and to apply said revenues, other monies, and proceeds of the Bonds for the purposes, in the manner, and according to the terms and conditions fixed in the Indenture, it being the intention hereof that such commitments on the part of the Issuer are as binding as if contained in this resolution separate and apart from the Indenture. Section 10. The Mayor and City Manager of the Issuer, officers of the Issuer, and attorneys and other agents or employees of the Issuer are hereby authorized to do all acts and things required by them by or in connection with this resolution and the Indenture and the other documents referred to above for the full, punctual, and complete performance of all the terms, covenants, and agreements contained in the Bonds, the Indenture and the other documents referred to above, and this resolution. Section 11. The Issuer hereby authorizes the use by the Underwriter in connection with the sale of the Bonds, of a preliminary and final Official Statement, in • substantially the form of the Preliminary Official Statement on file with the Issuer as of the date hereof. The Official Statement is the sole material authorized by the Issuer for use in connection with the offer and sale of the Bonds. The Issuer has not RESOLUTION NO. O made any independent investigation of the information contained in the Official Statement, makes no representations or warranties as to the information contained therein and shall have no liability in connection with the contents of or use of such offering materials. Section 12. The Mayor and the City Manager are hereby designated and authorized to take such administrative action as is permitted or required in connection with the issuance of the Bonds by the terms of the Indenture, the Financing Agreement, the Tax Regulatory Agreement, the Housing Regulatory Agreement and the Bond Purchase Agreement. Section 13. The Mayor and the City Manager of the Issuer are authorized and directed to execute and deliver any and all certificates, agreements or other documents which are required by the Indenture, the Financing Agreement, the Bond Purchase Agreement, the Tax Regulatory Agreement, the Housing Regulatory Agreement, or any other agreements, certificates or documents which are deemed necessary or appropriate by bond counsel to evidence the validity or enforceability of the Bonds, the Indenture or the other documents referred to in this Resolution, or to evidence compliance with Section 42(m) or Section 142(4) of the Internal Revenue Code of 1986, as amended, and all such agreements or representations when made shall be deemed to be agreements or representations, as the case may be, of the ® Issuer. Section 14. If for any reason the Mayor or City Manager of the Issuer is unable to execute and deliver those documents referred to in this Resolution, any member of the City Council of the Issuer may execute and deliver such documents with the same force and effect as if such documents were executed by the Mayor or the City Manager. Section 15. This resolution shall be in full force and effect from and after its passage. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: • and the following voted against the same: whereupon said resolution was declared duly passed and adopted. MEMORANDUM • TO: Michael J. McCauley, City Manager FROM: Tom Bublitz, Community Development Specialist 1 0 DATE: June 20, 2002 SUBJECT: Resolution Authorizing the Reprogramming of Funds from the City of Brooklyn Center's 2001 and 2002 Community Development Block Grant Program Years City Council Resolution No. 2001 -166 provided for the reallocation of $150,000 from the City's 2001 CDBG program to the Shingle Creek Tower Project for acquisition costs related to the project. Resolution No. 2002 -32 provided for the allocation of $175,000 from the City's 2002 Community Development Block Grant program for acquisition costs related to the Shingle Creek Tower Project. The total proposed allocation to the Shingle Creek Tower Project from CDBG funds will be $500,000 with an additional $175,000 coming from the City's anticipated 2003 CDBG allocation. e The Developer has requested the i t p q City o provide the flexibility of using the CDBG dollars for acquisition and /or rehabilitation costs. Both acquisition and rehabilitation are eligible costs under the CDBG program. The use of CDBG dollars for rehabilitation costs will trigger the Labor Standards feature in the Community Development Block Grant regulations. Labor Standards essentially require that prevailing wages be paid, there be a monitoring of non - discrimination on the project and that minority vendors have an opportunity to bid on the project. Staff has contacted Hennepin County regarding the use of CDBG dollars for acquisition costs related to the Shingle Creek Tower Project and they have indicated that the Labor Standards would be activated by the use of the dollars for acquisition and that the County would take the responsibility for administering and monitoring those provisions relative to Labor Standards. There will be significantly more administrative effort required with the addition of the Labor Standards requirements but Hennepin County has indicated they would assume this responsibility. County staff has also recommended that the City formally prepare a resolution which would reprogram the allocated dollars from the 2001 and 2002 CDBG program years to include rehabilitation activities in addition to acquisition. This is essentially a housekeeping item in terms of reallocating the dollars, however, the Labor Standards feature will require significantly more time to administer and the County has indicated this • would be their responsibility. Staff has prepared a resolution which would reprogram funds from the 2001 and 2002 CDBG program years to allow for acquisition and /or rehabilitation activities relative to the Shingle Creek Tower Project. Member introduced the following resolution and adoption: d its ao ® p RESOLUTION NO. RESOLUTION AUTHORIZING THE REPROGRAMMING OF FUNDS FROM THE CITY OF BROOKLYN CENTER'S 2001 AND 2002 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM YEARS WHEREAS, City Council Resolution No. 2001 -166 provided for the reallocation of Community Development Block Grant Funds from the Rehabilitation of Private Property Project to the Shingle Creek Tower Project for acquisition activities pursuant to the City's 2001 Community Development Block Grant program; and WHEREAS, City Council Resolution No. 2002 -32 provided for the allocation of $175,000 from the City's 2002 Community Development Block Grant program for acquisition activities related to the Shingle Creek Tower Project; and WHEREAS, the Community Development Block Grant Development Agreement by and between the City of Brooklyn Center Minnesota and BOCA Limited Partnership provides for the use of 2001 and 2002 Community Development Block Grant fund allocations to the Shingle Creek Tower Project for acquisition and rehabilitating the Development Property • (Shingle Creek Tower). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the 2001 and 2002 Community Development Block Grant program is hereby amended to provide that CDBG funds allocated to the Shingle Creek Tower Project by Resolutions 2001 -166 and 2002 -32 may be used for acquisition and rehabilitation activities relative to the Shingle Creek Tower Project. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Tom Bublitz, Community Development Specialist---/ DATE: June 18, 2002 SUBJECT: RESOLUTION AUTHORIZING EXECUTION OF COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT BY AND BETWEEN THE CITY OF BROOKLYN CENTER, MINNESOTA AND BOCA LIMITED PARTNERSHIP Shingle Creek Tower is the 122 unit, 13 story apartment building (77 1 bedroom and 45 2 bedroom units) located at 6221 Shingle Creek Parkway in Brooklyn Center. AMCON, a Minnesota based construction contractor, through BOCA Limited Partnership, is proposing to purchase Shingle Creek Tower, provide major renovation to the building and maintain it as affordable rental housing. BOCA Limited Partnership has secured numerous sources of funding for the acquisition and renovation of the building and has requested the City of Brooklyn Center to allocate $500,000 in Community Development Block Grant (CDBG) funds to the project. ® Previous City ouncil actions relative to the use Y of CDBG funds for the Shingle Creek Tower project are as follows: • The City Council approved Resolution No. 2001 -166 Resolution Reallocating Urban Hennepin County Community Development Block Grant Funds and Authorizing Execution of Any Third Party Agreements on November 26, 2001. This resolution provided for the reallocation of $150,000 from the Rehabilitation of Private Property project to the Shingle Creek Tower project from the City's 2001 CDBG program. • The City Council approved Resolution No. 2002 -32 Resolution Approving Projected Use of Funds for 2002 Urban Hennepin County Community Development Block Grant program and Authorizing Signature of Subrecipient Agreement with Hennepin County and Any Third Party Agreements. This resolution was approved on March 13, 2002 and provided for the allocation of $175,000 from the City's 2002 CDBG program for the Shingle Creek Tower project. In addition to the 2001 and 2002 CDBG allocations it is proposed to allocate $175,000 from the City's anticipated 2003 CDBG program for a total allocation of $500,000 in CDBG funds dedicated to the project. • The $500,000 in CDBG funds is a part of numerous funding sources for the acquisition and renovation of Shingle Creek Tower. Other funding sources for the project include: MEMORANDUM June 18, 2002 Page 2 • Source ' Amount Glaser Financial Group (HUD 221(d)(4) Loan) $5,100,000 Glaser Financial Group (HUD IRP Loan) $760,000 I Paramount Financial Group (Equity Investment I $2,015,000 l Minnesota Housing Finance Agency (MHFA) Preservation Rental Investment Fund ( $750,000 Hennepin County Affordable Housing Incentive Fund $400,000 Hennepin County HOME Program $250,000 Brooklyn Center CDBG Allocation $500,000 As part of the review process for the CDBG funding request by BOCA, Springsted, the City's fiscal consultant evaluated the subsidy request and detennined it was justified. A copy of Springsted's letter is included with this memorandum. Substantial rehabilitation of Shingle Creek Tower is proposed by BOCA Limited Partnership. The planned renovation costing $4.9 million includes the following components: O • Renovation of the exterior of the building which will consist of capping the brick walls to eliminate moisture problems. • Replacement of existing membrane roof. • Upgrading fire alarm and fire suppression system to current NFPA 13 and 72 standards. • Replace all windows in building. • Replace kitchen cabinets and appliances. • Replace bath and kitchen faucets with lever faucets. • All life safety issues will be addressed during the renovation. • Handicap accessibility requirements will be addressed and brought in compliance with Minnesota ADA requirements Chapter 1341. Additional features addressing safety and tenant screening issues, which are also included in the Development Agreement, are as follows: • Developer will increase the light levels in the parking lot at Shingle Creek Tower for additional security. • A card entrance security system will be installed at the entrance to the building. • An entry way camera system tied to a closed circuit television system which will be available to every unit. • A backup tape system will be added to the entry camera system. • Cameras will be installed on side entrance doors to the building with ith a backup tape • system. • Vehicle access points to the property will be limited and will not be increased beyond the existing number of access points and only one public building entrance. • The Developer will provide for tenant screening on all applicants. MEMORANDUM June 18, 2002 Page 3 • The various loans and grants from Federal, State and County sources will be used to help provide the extensive renovation described above. Without the proposed level of public loans and grants, the proposed level of renovation would not be financially feasible. In addition to the items described above, the amended and restated regulatory agreement for the project will include the following elements: • The Developer will bear the cost of any moving expenses incurred by tenants as a result of moving required due to rehabilitation of the project. The plan for the rehabilitation process is to provide for movements of tenants displaced by the rehabilitation to vacant units in the project as the rehabilitation proceeds. Any costs associated with this process or other costs related to displacement will be borne by the Developer. • Residents currently residing at Shingle Creek Tower may continue to reside at the building after acquisition by BOCA Limited Partnership, provided that they are not in default of their lease obligations. There are existing City compliance orders on Shingle Creek Tower and these will also be addressed in the renovation. The compliance orders focus on repair items including leaks in windows and air conditioning penetrations, replacement of damaged drywall, repair or replacement of smoke gaskets around doors, and other repairs to appliances, faucets, sinks, etc. The compliance orders address repairs in each of the living units but do not address the major rehabilitation items and handicap accessibility issues which will be resolved with the proposed renovation by BOCA Limited Partnership. A Development Agreement between the City of Brooklyn Center and BOCA Limited Partnership has been prepared, the purpose of which is to define the obligations of the Developer and City regarding the allocation of CDBG funds for the Shingle Creek Tower Project. A summary of the major features of the Development Agreement is shown by the following: • Section 2.1 Paragraph 3. This paragraph provides for the use of CDBG funds for acquisition and rehabilitation activities. The use of CDBG funds for rehabilitation activities requires that Federal Labor Standards must be met, including payment of prevailing wage rates, non - discrimination and bidding opportunities to be provided to minority contractors. Hennepin County staff indicated they would be responsible for monitoring the labor standards requirements in the project including working with the Developer and contractors to assure contractor's submit the required forms for wage information, site visits to interview employees with regard to Labor Standards, attending pre- construction meetings on the proj ect to address Labor Standards issues and generally monitoring the project to assure the proper information is gathered by the contractors and the required forms are completed. • MEMORANDUM June 18, 2002 Page 4 ® • Section 2.3 of the Development Agreement addresses affordability requirements and requires that for at least 15 years 97 of the 122 units in the Development must qualify for housing tax credits pursuant to Section 42 of the Internal Revenue Service Code and shall be rented to individuals or families whose incomes do not exceed 60% of the area median income. • Section 3.1 and 3.2 establishes requirements the Developer must meet to receive CDBG funds and also establishes the procedures for payment of the CDBG funds. • Section 4.1 of the Development Agreement defines events of default under the Development Agreement along with subsequent remedies on default. This Section addresses the responsibilities of the Developer and spells out remedies and actions for non - performance under the Agreement. Section references a Promissory Note for the CDBG financing of the Project. The Promissory Note has been requested by BOCA LLC to meet the requirements of other financing components relative to the Project. The Promissory Note, included with the attached documents, is fashioned after a Tax Increment Financing "Pay As You Go" Note whereby the City promises to pay BOCA LLC the CDBG funds if the funds are received as part of the City's CDBG allocation. A Resolution Authorizing Execution of Community Development Block Grant Agreement By and Between the City of Brooklyn Center Minnesota and BOCA Limited Partnership has been prepared for Council consideration. A copy of the Development Agreement is included with this memorandum. • 11/ Q / V1 1 v.10 t'l1A VJILLJJVUL Jrl�llv�iJ1DY 11VV. 1gjUUZ 3s SEVENTH PLACE EAS1; Suns 100 SAINT PAUL, MN SS101 - 2887 651.223.3000 FAX: 651.223.3002 E -MAIL: advisors@springsscd.corn SPRINGSTED Advisors to ike Public Serror November 20, 2001 Mr. Brad Hoffman Community Development Director City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55446 Dear Mr. Hoffman: The City of Brooklyn Center has asked Springsted to evaluate the subsidy request submitted by the developer of the Shingle Creek Towers project to determine if such request is necessary and appropriate. The purpose of this letter is to summarize our review of the project and indicate whether we believe the project meets the needs test. • "But -For" Review This test identifies whether we feel the project would proceed without the subsidy. With the current development and operating assumptions, the subsidy appears necessary in order to be able to complete the project as anticipated. Even with the subsidy however, we project a negative internal rate of return through the 15th year of the project. In year 2005 the internal rate of return is — 54.76 %, in 2016 it has significantly improved to — 3.58 %. Cash flow is minimally covered in the initial years but proves solid and growing through 2016_ Debt service coverage is 114% in year three. The developer uses a 5% vacancy rate that is comparable to the level of performance of other products similar to this in the current market. Conclusion It is our opinion that the project meets the "but -for" test and that this request for subsidy assistance is justifiable. If you have any questions or would like additional information please feel free to call me at 651 223 - 3066. Si qCe rely, • Paul T. Steinman, Vice President Client Representative dv COAP021T6' Oh'/JC£: SAINT P.lUL, MN A Visit our %vebsite at www.�prin r)IS MOIL 7FS, IA . MILWAUICU, Wl • MINNEAPOLIS, MN , OVERLAND PARK. KS • VMG7NIA d1:ACId, VA , WASHINGTON. DC • COMMUNITY DEVELOPMENT BLOCK GRANT DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF BROOKLYN CENTER, MINNESOTA AND BOCA LIMITED PARTNERSHIP • This document drafted by: BRIGGS AND MORGAN (JSG) Professional Association 2200 West First National Bank Building St. Paul, Minnesota 55101 1364613x4 TABLE OF CONTENTS • Page ARTICLEI DEFINITIONS .................................................................. ............................... 2 Section 1.1 Definitions ........... ............................... ARTICLE II REPRESENTATIONS, WARRANTIES AND COVENANTS ..................... 4 Section 2.1 Representations and Warranties of the City .......... ............................... 4 Section 2.2 Representations, Warranties and Covenants of the Developer............ 4 Section 2.3 Affordability Requirements .................................. ............................... 6 Section 2.4 Acquisition, Relocation and Displacement ........... ............................... 6 Section 2.5 Environmental Review ............................. Section 2.6 Lead -Based Paint .................................................. ............................... 6 Section 2.7 Equal Opportunity and Fair Housing .................... ............................... 6 Section 2,8 Affirmative Action and Equal Opportunity .......... ............................... 7 Section 2.9 Non - Discrimination Based on Disability .............. ............................... 7 Section2.10 Data Privacy .......................................................... ............................... 7 Section 2.11 Record - Keeping and Access to Records ............... ............................... 7 Section2.12 Rent Rolls .............................................................. ............................... 7 Section 2.13 Transfer Restrictions ............................................. ............................... 8 ARTICLE III BLOCK GRANT ASSISTANCE ..................................... ............................... 9 • Section 3.1 Preconditions to Payment of Assistance ............... ............................... 9 Section 3.2 Procedures for Loan of CDBG Allocation ............ ............................... 9 ARTICLE IV EVENTS OF DEFAULT ................................................ ............................... 11 Section 4.1 Events of Default Defined .................................. ............................... 11 Section 4.2 Remedies on Default ........................................... ............................... 11 Section 4.3 No Remedy Exclusive ......................................... ............................... 12 Section 4.4 No Implied Waiver ............................................. ............................... 12 Section 4.5 Agreement to Pay Attorney's Fees and Expenses .............................. 12 Section 4.6 Indemnification of City ....................................... ............................... 12 ARTICLE V ADDITIONAL PROVISIONS ....................................... ............................... 14 Section 5.1 Conflicts of Interest ............................................. ............................... 14 Section5.2 Assignment ......................................................... ............................... 14 Section 5.3 Titles of Articles and Sections ............................ ............................... 14 Section 5.4 Notices and Demands ......................................... ............................... 14 Section 5.5 Counterparts ........................................................ ............................... 15 Section5.6 Law Governing ................................................... ............................... 15 Section 5.7 Expiration ........ ............................... EXHIBIT A Legal Description ............................................................. ............................A -1 EXHIBIT B Form of Request for Reimbursement ............................. ............................... B -1 1364613v4 _j_ I COMMUNITY DEVELOPMENT BLOCK GRANT DEVELOPMENT AGREEMENT THIS AGREEMENT, made as of the day of , 2002, by and between the City of Brooklyn Center, Minnesota (the "City "), a municipal corporation duly organized and existing under the laws of the State of Minnesota, and Boca Limited Partnership, a Minnesota limited partnership (the "Developer "), WITNESSETH: WHEREAS, pursuant to the provisions of Minnesota Statutes, Section 471.59, the City has entered into Joint Cooperation Agreement and a Subrecipient Agreement (the "Block Grant Agreements ") with Hennepin County (the "County ") under the Urban Hennepin County Community Development Block Grant Program (the "Program "); and WHEREAS, the anticipated sources of funds are shown by the following: Source Amount Glaser Financial Group $5,100,000 I (HUD 221 (d)(4) Loan) Glaser Financial Group $760,000 1 (HUD IRP Loan) Paramount Financial Group i $2,015,000 • (Equity Investment) Minnesota Housing Finance Agency (MHFA) i $750,000 Preservation Rental Investment Fund l j Hennepin County Affordable Housing Incentive Fund $400,000 y Hennepin County HOME Program j $250,000 Brooklyn Center CDBG Allocation j $500,000 j WHEREAS, in order to achieve the objectives of the Program, the City has determined to assist the Developer with certain costs of a Project (as hereinafter defined) to be acquired and renovated by the Developer as more particularly set forth in this Agreement; and WHEREAS, the City believes that the acquisition and renovation of the Project, and fulfillment of this Agreement are vital and are in the best interests of the City of Brooklyn Center, and in accordance with the public purpose and provisions of the applicable state and local laws and requirements under which the Project has been undertaken and is being assisted. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 1364613v4 1 • ARTICLE I DEFINITIONS Section 1.1 Definitions. All capitalized terms used and not otherwise defined herein shall have the following meanings unless a different meaning clearly appears from the context: Activity(ies) means the project activity or activities included in the City's Community Development Block Grant (CDBG) Program relative to the Development Property; Agreement means this Agreement, as the same may be from time to time modified, amended or supplemented; Block Grant Agreements means a Joint Cooperation Agreement, a Subrecipient Agreement and any future agreements between the City and the County relating to the allocation of CDBG funds to the City for the Development Property, and any supplements or amendments thereto; CDBG Allocation means the allocation of Community Development Block Grant funds from the Program to the City pursuant to the Block Grant Agreements; City means the City of Brooklyn Center, Mimiesota; • County means Hennepin County, Minnesota; Developer means Boca Limited Partnership, a Minnesota limited partnership; Development Property means the real property legally described in Exhibit A of this Agreement; Event of Default means any of the events described in Section 4.1; Loan means the loan of the CDBG Allocation by the City to the Developer pursuant to this Agreement, Note means the Note dated as of 2002 executed by the Developer evidencing the Loan. Program means the Urban Hennepin County Community Development Block Grant Program; Project means the existing 122 unit rental apartment facility located on the Development Property to be acquired and renovated by the Developer; Revenue Bonds means the Multifamily Housing Revenue Bonds (Shingle Creek Tower Project) Series 1999 heretofore issued by the City to provide funds to the Developer to acquire • and renovate the Project; 1364613v4 2 • State means the State of Minnesota; Unavoidable Delays means delays, outside the control of the party claiming its occurrence, which are the direct result of strikes, other labor troubles, unusually severe or prolonged bad weather, acts of God, fire or other casualty to the Project, litigation commenced by third parties which, by injunction or other similar judicial action or by the exercise of reasonable discretion, directly results in delays, or acts of any federal, state or local governmental unit (other than the City) which directly result in delays. • • 1364613v4 3 • ARTICLE II REPRESENTATIONS, WARRANTIES AND COVENANTS Section 2.1 Representations and Warranties of the City. The City makes the following representations and warranties: (1) The City is a municipal corporation organized and existing under the laws of the State of Minnesota and has the power to enter into this Agreement and carry out its obligations hereunder. I (2) The development contemplated by this Agreement is in conformance with the Block Grant Agreement. (3) To finance the costs of the activities to be undertaken on the Development Property, the City proposes to, subject to the further provisions of this Agreement, apply its CDBG Allocation, among other things, to reimburse the Developer for a portion of the cost of acquiring and rehabilitating the Development Property. (4) The City is entering into this Agreement to provide assistance to a housing project; consequently, the business subsidy provisions of Minnesota Statutes, Section 116J.993 to 116J.995 do not apply. (5) Neither the execution and delivery of this Agreement, the consummation of the . transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provision of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which the City is now a party or by which it is bound, or constitutes a default under any of the foregoing. (6) No officer of the City has either a direct or indirect financial interest in this Agreement, nor will any officer of the City benefit financially from this Agreement within the meaning of Minnesota Statutes, Sections 412.311 and 471.87. (7) There is not pending, nor to the best of the City's knowledge is there threatened, any suit, action or proceeding against the City before any court, arbitrator, administrative agency or other governmental authority that materially and adversely affects the validity of any of the transactions contemplated hereby, the ability of the City to perform its obligations hereunder, or as contemplated hereby or thereby, or the validity or enforceability of this Agreement. (8) The City has taken all action necessary to authorize the loan of the CDBG funds to the Developer, to approve this Agreement and to authorize the execution and delivery of this Agreement, and any other documents or instruments required to be executed and delivered by the City pursuant to this Agreement. Section 2.2 Representations, Warranties and Covenants of the Developer. The Developer makes the following representations, warranties and covenants: • 1364613v4 4 (1) The Developer is a limited partnership duly formed and existing under the laws of • the State of Minnesota, is in good standing and duly authorized to conduct its business in the State of Minnesota and all other states where its activities require such authorization, has the power to enter into this Agreement, and to use the Project for the purpose set forth in this Agreement and by proper action has authorized the execution and delivery of this Agreement. (2) The Developer will cause the Project to be acquired and renovated in accordance with the terms of this Agreement, the Block Grant Agreement, and all local, state and federal laws and regulations (including but not limited to, environmental, zoning, energy conservation, building code and public health laws and regulations). (3) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provision of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which the Developer is now a party or by which it is bound, or constitutes a default under any of the foregoing. (4) The Developer will cooperate with the City with respect to any litigation commenced with respect to the Project if and to the extent its interests are not adverse to the interests of the City. (5) The Developer understands that the City may subsidize or encourage the S development of other developments in the City, including properties that compete with the Development Property and the Project, and that such subsidies may be more favorable than the terms of this Agreement, and that the City has not represented that development of the Development Property will be favored over the development of other properties. (6) The Developer shall acquire the Project on or before August 30, 2002. (7) The Developer will commence the renovation of the Project not later than August 30, 2002 and shall complete the renovation by December 31, 2003. The costs associated with the renovation and improvement of the Project shall be not less than $4,900,000. (S) The Developer will provide cable TV hook -ups at no additional cost to residents, provided that actual monthly service will be at the tenant's expense. (9) The Developer shall increase the light levels in the parking lot at Shingle Creek Tower for additional security. (10) The Developer shall install a card entrance security system at the entrance to the building. (11) The Developer shall install an entry way camera system tied to a closed circuit television system which will be available to every unit. (12) The Developer shall install a backup tape system to the entry camera system. • 1364613v4 5 (13) The Developer shall install cameras on side entrance doors to the building. • (14) Vehicle access points to the ro ert will be limited and will not be increased p p Y beyond the existing number of access points. (15) Provide third party tenant screening on all applicants. Section 2.3 Affordability Requirements. For at least 15 years, 97 units in the Development Property shall qualify for housing tax credits pursuant to Section 42 of the Internal Revenue Service Code and shall be rented to individuals or families whose incomes do not exceed 60% of the median income. For purposes of this Section 2.3 "median income" means the area median gross income for the Minneapolis /St. Paul standard metropolitan statistical area, as adjusted for family size and other factors, and as determined amlually by HUD. Section 2.4 Acquisition, Relocation and Displacement. (1) The Developer shall be responsible for carrying out all acquisitions of real property necessary for implementation of the Activities. The Developer shall conduct all such acquisitions in its name and shall hold title to all real property purchased. (2) The Developer shall comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as required under 24 CFR 570.606(a) and HUD implementing regulations at 24 CFR Part 42; the requirements in 24 CFR 570.606(b) governing the residential anti - displacement and relocation • assistance plan under section 104(d) of the Housing and Community Development Act of 1974 (the "Act "); the relocation requirements of 24 CFR 570.606(c) governing displacement subject to Section 104(k) of the Act; and the requirements of 24 CFR 570.606(d) governing optional relocation assistance under Section 105(a)(11) of the Act, as pertaining to the Activities. Section 2.5 Environmental Review. The Developer shall provide all necessary information and relevant documents to the City to enable the City and the County to maintain the environmental review record on all Activities. Section 2.6 Lead -Based Paint. The Developer shall comply with the Lead -Based Paint notification, inspection, testing and abatement procedures established in 24 CFR 570.608. Section 2.7 Equal Opportunity and Fair Housing. The Developer shall comply with all federal laws, executive orders, and implementing rules and regulations set forth to ensure that no person shall on the grounds of race, color, national origin, religion, handicap, familial status, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity pursuant to this agreement. These requirements include: (1) The Fair Housing Act, as amended, and implementing regulations issued at 24 CFR Part 100; (2) Executive Order 11063, as amended by Executive Order 12259, "Equal Opportunity in Housing ", and implementing regulations issued at 24 CFR Part 107; 1364613v4 6 • (3) Title VI of the Civil Rights Act of 1964 and implementing regulations issued at 24 CFR Part 1. Section 2.8 Affirmative Action and Equal Opportunity. (1) During the performance of this Agreement, the Developer agrees t g p b o the following: In accordance with the Hennepin County Affirmative Action Policy and the County Commissioners' Policies Against Discrimination, no person shall be excluded from full employment rights or participation in, or the benefits of, any program, service or activity on the ground of race, color, creed, religion, age, sex, disability, marital status, sexual orientation, public assistance status, or national origin; and no person protected by applicable federal or state laws against discrimination shall otherwise be subjected to discrimination. (2) The Developer will furnish all information and reports reasonably requested by the City or the County to comply with the provisions of 24 CFR Part 570 and all applicable state and federal laws, rules, and regulations pertaining to discrimination and equal opportunity. Section 2.9 Non - Discrimination Based on Disability. (1) Unless otherwise waived by HUD, the Developer shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, to ensure that no otherwise qualified individual with a handicap, as defined in Section 504, shall, solely by reason of his or her handicap, be excluded from participation, be denied the benefits of, or be subjected to discrimination by Developer receiving assistance from the City under Section 106 and /or Section 108 of the • Housing and Community Development Act of 1974, as amended. (2) When and where applicable, the Developer shall comply with Public Law 101- , 336 Americans With Disabilities Act of 1990, Title I "Employment," Title II "Public Services" - Subtitle A, and Title III "Public Accommodations and Services Operated by Private Entities" and all ensuing federal regulations implementing said Act. Section 2.10 Data Privacy. The Developer agrees to abide by the provisions of the Minnesota Government Data Practices Act and all other applicable state and federal laws, rules, and regulations relating to data privacy or confidentiality, and as any of the same may be amended. The Developer agrees to defend, indemnify and hold the City, its elected officials, officers, agents, volunteers and employees harmless from any claims resulting from the Developer's unlawful disclosure and /or use of such protected data. Section 2.11 Record - Keeping and Access to Records. The Developer shall maintain records for the receipt and expenditure of all amounts it receives pursuant to the Loan. All records shall be made available upon request of the City or monitoring b the City. The City Y g Y Y Y shall have authority to review any and all procedures and all materials, notices, documents, etc., prepared by Developer in implementation of the Activities and the Developer agrees to provide all information required by any person authorized by the City to request such information from the Developer for the purpose of reviewing the same. S Section 2.12 Rent Rolls. The Developer shall submit, for the City's review, the Developer's initial rent roll with or prior to its request for an advance under Section 3.2(c) and 1364613v4 7 subsequent annual rent rolls for the Development Property for 15 years annually thereafter. The rent roll shall include the income and household size of the tenants, and the proposed rent schedule which shall'include unit rents including any tenant paid utility costs. 1364613v4 8 ® ARTICLE III BLOCK GRANT ASSISTANCE Section 3.1 Preconditions to Payment of Assistance. The Developer represents that it will acquire the Development Property on or before August 30, 2002. In order to reimburse the Developer for a portion of the costs of acquiring and rehabilitating the Development Property, the City agrees to loan CDBG Allocation funds as further set forth in this Agreement. The City agrees make the Loan to the Developer on the terms and conditions set forth in Section 3.2 below; provided however, that the City shall be under no obligation to provide any of the assistance contemplated in this Agreement until satisfaction of the following conditions precedent: (a) The Developer has provided a copy to the City of an agreement between the Developer and the Minnesota Housing Finance Agency to provide $750,000 for the rehabilitation of Project; (b) The Developer has provided a copy to the City of an agreement between the Developer and the County to provide $400,000 for the rehabilitation of Project; (c) The Developer will be responsible for all legal costs up to $5,000 incurred by the City relative to this transaction and shall pay these expenses directly to the City's legal counsel. (d) The Developer shall be in material compliance with all the terms and provisions of this Agreement; (e) The Developer shall have demonstrated, to the reasonable satisfaction of the City, that it has sufficient sources of revenue, including the assistance provided in this Agreement, available to it for the acquisition and renovation of the Project. (f) The Developer shall provide a Request for Reimbursement, in the form attached hereto as Exhibit B, including copies of all documents and records needed to ensure that Developer has complied with all appropriate regulations and requirements. Section 3.2 Procedures for Loan of CDBG Allocation. Subject to Section 3.1 hereof, the City agrees to advance the CDBG Allocation to the Developer through a non - amortizable loan of $500,000 with a 40 year term and bearing interest at 0% which shall be evidenced by the Note delivered by the Developer to the City. To enable the Developer to carry out the Activities Y p Y the Loan shall be advanced as follows: (a) Provided that no Event of Default shall have occurred and be continuing hereunder, the City shall loan to the Developer $150,000 for acquisition of the Development Property on the date of closing of the acquisition of the Development Property. • (b) On September 15, 2002, provided that no Event of Default shall have occurred and be continuing hereunder and that the Developer shall deliver to the City the 1364613v4 9 • closing statement, deed and disbursement checks relative to the acquisition of the Development Property, the City shall loan to the Developer $175,000 for acquisition of the Development Property. (c) On September 15, 2003, provided that no Event of Default shall have occurred and be continuing hereunder and that the Developer shall deliver to the City the initial rent roll for the Development Property, the City shall loan to the Developer $175,000 for acquisition of the Development Property. The foregoing advance shall be contingent on the City receiving a CDBG Allocation under the Program in 2003 of at least $175,000. s • 1364613v4 10 • ARTICLE IV EVENTS OF DEFAULT Section 4.1 Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean whenever it is used in this Agreement any one or more of the following events: (a) During any period of time that the Developer is the fee owner of any part of the Development Property, failure by the Developer to timely pay any ad valorem real property taxes assessed with respect to the Development Property owned by the Developer. (b) Subject to Unavoidable Delays, failure by the Developer to acquire the Project pursuant to the terms, conditions and limitations of this Agreement. (c) Subject to Unavoidable Delays, failure of the Developer to observe or perform any other covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement. (d) During any period of time that the Developer is the fee owner of any part of the Development Property, if the Developer shall (A) file any petition in bankruptcy or for any reorganization, . arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the United States Bankruptcy Act of 1978, as amended or under any similar federal or state law; or (B) make a general assignment for the benefit of its creditors; or (C) admit in writing its inability to pay its debts generally as they become due; or (D) be adjudicated as bankrupt or insolvent; or if a petition or answer proposing the adjudication of the Developer, as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within sixty (60) days after the filing thereof, or a receiver, trustee or liquidator of the Developer, or of the Project, or part thereof, shall be appointed in any proceeding brought against the Developer, and shall not be discharged within sixty (60) days after such appointment, or if the Developer, shall consent to or acquiesce in such appointment. Section 4.2 Remedies on Default. Whenever any Event of Default referred to in Section 4.1 occurs and is continuing, the City may take any one or more of the following actions after the giving of thirty (30) days' written notice to the Developer, but only if the Event of ® Default has not been cured within said thirty (30) days, or, if said Event of Default cannot reasonably be cured within the time, the Developer fails to give assurances reasonably 1364613v4 I I satisfactory to the City that the Event of Default will be cured within a period of time reasonably acceptable to the City, but in any event not to exceed 90 days: (a) The City may suspend its performance under this Agreement until it receives assurances from the Developer deemed adequate by the City, that the Developer will cure its default and continue its performance under this Agreement. (b) The City may cancel and terminate this Agreement and declare the Loan to be due and payable in full by the Developer to the City. (c) The City may take any action which may appear necessary or desirable to enforce performance and observance of any obligation, agreement, or covenant of the Developer under this Agreement. Section 4.3 No Remedy Exclusive. No remedy herein conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. Section 4.4 No Implied Waiver. In the event any agreement contained in this Agreement should be breached by any party and thereafter waived by any other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. Section 4.5 Agreement to Pay Attorney's Fees and Expenses. Whenever any Event of Default occurs and the City shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement or performance or observance of any obligation or agreement on the part of the Developer herein contained, the Developer agrees that it shall, on demand therefor, pay to the City the reasonable fees of such attorneys and such other expenses so incurred by the City. Section 4.6 Indemnification of City. (1) The Developer releases from and covenants and agrees that the City, their governing body members, officers, agents, including the independent contractors, consultants and legal counsel, servants and employees thereof (hereinafter, for purposes of this Section, collectively the "Indemnified Parties ") shall not be liable for and agree to indemnify and hold harmless the Indemnified Parties against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Project to the extent not attributable to the negligence of the Indemnified Parties. (2) Except for any willful misrepresentation or any willful or wanton misconduct of the Indemnified Parties, the Developer agrees to protect and defend the Indemnified Parties, now • and forever, and further agree to hold the aforesaid harmless from any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly 1364613v4 12 arising from the actions or inactions of the Developer (or if other persons acting on its behalf or • under its direction or control) under this Agreement, or the transactions contemplated hereby or the acquisition, ownership, and operation of the Project; provided, that this indemnification shall not apply to the warranties made or obligations undertaken by the City in this Agreement. (3) All covenants, stipulations, promises, agreements and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the City and not of any governing body member, officer, agent, servant or employee of the City, as the case may be. • 1364613v4 13 ARTICLE V ADDITIONAL PROVISIONS Section 5.1 Conflicts of Interest. No member of the governing body or other official of the City shall have any financial interest, direct or indirect, in this Agreement, the Development Property or the Project, or any contract, agreement or other transaction contemplated to occur or be undertaken thereunder or with respect thereto, nor shall any such member of the governing body or other official participate in any decision relating to the Agreement which affects his or her personal interests or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested. No member, official or employee of the City shall be personally liable to the City in the event of any default or breach by the Developer or successor or on any obligations under the terms of this Agreement. The provisions of 24 CFR 570.611 shall apply to this section. Section 5.2 Assignment. This Agreement is not assignable without the prior written consent of the City. The City agrees that it will not unreasonably withhold its consent to any assignment of the Agreement to an entity that is lending money to the Developer to finance the construction of the Project or is serving as the trustee with respect to financing for the Project. No such assignment shall release the Developer from liability for all payments due hereunder or for the performance of all other obligations hereunder. Section 5.3 Titles of Articles and Sections. Any titles of the several parts, articles and . sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 5.4 Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand or other communication under this Agreement by any party to any other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and (a) in the case of the Developer is addressed to or delivered personally to: Boca Limited Partnership 200 West Highway 13 Burnsville, MN 55337 (b) in the case of the City is addressed to or delivered personally to the City at: City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 or at such other address with respect to any such party as that party may, from time to time, designate in writing and forward to the other, as provided in this Section. 1364613v4 14 Section 5.5 Counterparts. This Agreement may be executed in any number of • counterparts, each of which shall constitute one and the same instrument. Section 5.6 Law Governing. This Agreement will be governed and construed in accordance with the laws of the State. Section 5.7 Expiration. This Agreement shall expire on September 30, 2003, unless earlier terminated or rescinded in accordance with its terms. 1364613v4 15 I I IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and on its behalf and the Developer has caused this Agreement to be duly executed in its name and on its behalf, on or as of the date first above written. CITY OF BROOKLYN CENTER By Its Mayor By _ Its Manager This is a signature page to the Community Development Block Grant Development Agreement ® by and between the City of Brooklyn Center and Boca Limited Partnership. 1364613v4 S -1 • BOCA LIMITED PARTNERSHIP By: Amcon Housing Associates, LLC Its: General Partner By Its • This is a signature page to the Community Development Block Grant Development Agreement by and between the City of Brooklyn Center and Boca Limited Partnership. 1364613v4 S -2 • EXHIBIT A Legal Description of the Development Property The Easterly '/2 of Section 31, Township 29 North, Range 19 West SE SW excluding the West 337 feet of the North 420 feet and excluding commencing 821 feet West of the SE corner of the North 765 feet of the West 285 feet of the South 765 feet thence easterly 285 feet to the point of beginning. • 1364613v4 A-1 • EXHIBIT B Form of Request for Reimbursement Developer hereby certifies as follows (all terms herein having the meanings set forth in the Community Development Block Grant Development Agreement ( "Development Agreement ") dated , 2002, between the City of Brooklyn Center, Minnesota (the "City ") and Boca Limited Partnership (the "Developer "): 1. At the date hereof no suit or proceeding at law or in equity, and no investigation or proceeding of any governmental body, has been instituted or, to the knowledge of Developer, is threatened, which in either case would substantially affect the condition or business operations of Developer, except the following: 2. At the date hereof, no Default or Event of Default under the Development Agreement has occurred and is continuing, and no event has occurred which, upon the service of notice and /or the lapse of time, would constitute an Event of Default thereunder, except the following: 3. The representations and warranties set forth in the Development Agreement are hereby reaffirmed and restated, and the Developer represents and warrants to the City that the same are true, correct and complete on the date hereof, except as to the following: 4. The Developer requests the City to advance $ of the Loan • pursuant to Section 3.2 of the Development Agreement. The loan made pursuant to this Request for Reimbursement is acknowledged to be an accommodation to Developer and is not a waiver by the City of any defaults or events of default under the Development Agreement any other claims of the City against Developer. BOCA LIMITED PARTNERSHIP By: Name: Title: Date: 1364613x4 B -1 • EXHIBIT C PROMISSORY NOTE $500,000 , 2002 Boca Limited Partnership, a Minnesota limited partnership (the "Maker "), for value received, hereby promises to pay to the City of Brooklyn Center, Minnesota (the "City ") or its assigns (the City and any assigns are hereinafter referred to as the "Holder "), at its designated principal office or such other place as the Holder may designate in writing, the principal sum of Five Hundred Thousand and No /100ths Dollars ($500,000) or so much thereof as may be advanced under this Note, without interest, in any coin or currency which at the time or times of payment is legal tender for the payment of private debts in the United States of America. 1. This Note evidences a loan (the "Loan ") made by the City to the Maker pursuant to a Community Development Block Grant Development Agreement (the "Agreement "). The Loan is to be advanced in three installments of $150,000 on the date hereof, $175,000 on September 15, 2002 and $175,000 on September 15, 2003 in accordance with the terms of the Agreement. 2. The principal of this Note is payable in full on July 1, 2042. 3. The Maker shall have the right to prepay the principal of this Note, in whole or in part, without prepayment penalty. 4. All of the agreements, conditions, covenants, rovisions and stipulations p � p contained in the Agreement are hereby made a part of this Note to the same extent and with the same force and effect as if they were fully set forth herein. It is agreed that time is of the essence of this Note. If a default occurs under the Agreement then the Holder of this Note may at its right and option, without notice, declare immediately due and payable the principal balance of this Note, together with any costs of collection including attorney fees incurred by the Holder of this Note in collecting or enforcing payment hereof, whether suit be brought or not, and all other sums due hereunder. The Maker agrees that the Holder of this Note may, without notice to the Maker of this Note and without affecting the liability of the Maker of this Note, accept additional or substitute security for this Note, or release any security or any party liable for this Note or extend or renew this Note. 5. The remedies of the Holder of this Note, as provided herein and in the Agreement, shall be cumulative and concurrent and may be pursued singly, successively, or together, and, at the sole discretion of the Holder of this Note, may be exercised as often as occasion therefor shall occur; and the failure to exercise any such right or remedy shall in no event be construed as a waiver or release thereof. 6. The Holder of this Note shall not be deemed, by any act of omission or commission, to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Holder of this Note and then only to the extent specifically set forth in the writing. A waiver with reference to one event shall not be construed as continuing or as a bar • 1420245v1 to or waiver of any right or remedy as to a subsequent event. This Note may not be amended, 0 modified, or changed except only by an instrument in writing signed by the party against whom enforcement of any such amendment, modifications, or change is sought. 7. This Note shall be governed by and construed in accordance with the laws of the state of Minnesota without regard to its conflict of laws provisions. Any disputes, controversies, or claims arising out of this Note shall be heard in the state or federal courts of Minnesota, and all parties to this Note waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 8. The headings used in this Note are solely for convenience of reference, are not part of this Note, and are not to be considered in construing or interpreting this Note. 9. This Note, with the Agreement, constitutes the entire agreement between the parties pertaining to its subject matter and it supercedes all prior contemporaneous agreements, representations, and understandings of the parties pertaining to the subject matter of this Note. 10. Wherever possible, each provision of this Note and each related document shall be interpreted so that it is valid under applicable law. If any provision of this Note or any related document is to any extent found invalid by a court or other governmental entity of competent jurisdiction, that provision shall be ineffective only to the extent of such invalidity, without invalidating the remainder of such provision or the remaining provisions of this Note or any other related document. ® IT IS HEREBY CERTIFIED AND RECITED that all conditions, acts, and things required to exist, happen, and be performed precedent to or in the issuance of this Note do exist, have happened, and have been performed in regular and due form as required by law. 1420245v1 C2 IN WITNESS WHEREOF, the Maker has caused this Note to be duly executed as of the _day of July, 2002. BOCA LIMITED PARTNERSHIP By Its 1420245v 1 C3 adoption: Member introduced the following resolution and moved its RESOLUTION NO. • RESOLUTION AUTHORIZING EXECUTION OF COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT BY AND BETWEEN THE CITY OF BROOKLYN CENTER, MINNESOTA AND BOCA LIMITED PARTNERSHIP WHEREAS, City Council Resolution No. 2001 -166 Reallocating Urban Hennepin County Community Development Block Grant Funds and Authorizing Execution of Any Third Party Agreements, provided for the reallocation of $150,000 from the Rehabilitation of Private Property Project to the Shingle Creek Tower Project from the City's 2001 Community Development Block Grant program; and WHEREAS, City Council Resolution No. 2002 -32 Approving Projected Use of Funds for 2002 Urban Hennepin County Community Development Block Grant Program and Authorizing Signature of Subrecipient Agreement with Hennepin County and Any Third Party Agreements, provided for the allocation of $175,000 from the City's 2002 Community Development Block Grant program for the Shingle Creek Tower Project; and WHEREAS, it is the intent of the City Council of the City of Brooklyn Center to allocate $175,000 from the City's 2003 Community Development Block Grant program allocation; and WHEREAS, a Community Development Block Grant Agreement has been prepared between the City and BOCA Limited Partnership to set forth obligations of the City of Brooklyn Center and BOCA Limited Partnership relative to the allocation of Community Development Block Grant program allocation; and • WHEREAS, the City Council of the City of Brooklyn Center has determined it is in the best interest of the City to approve the Community Development Block Grant Development Agreement By and Between the City of Brooklyn Center Minnesota and BOCA Limited Partnership. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota as follows: 1. The Community Development Block Grant Development Agreement By and Between the City of Brooklyn Center Minnesota and BOCA Limited Partnership is hereby approved. 2. The Mayor and City Manager are authorized to execute the Community Development Block Grant Development Agreement By and Between the City of Brooklyn Center Minnesota and BOCA Limited Partnership. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member • and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 10a • • MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning Spec-? list .�. Subject: City Council Consideration Item - Planning Commission Application No. 2002- 008 Date: June 19, 2002 On the June 24, 2002 City Council Agenda is Planning Commission Application No. 2002 -008 submitted by Schuss Clark Architectural Corporation requesting Site and Building Plan approval to redevelop the old Baker's Square Restaurant site at 5601 Xerxes Avenue North into a 4,040 sq. ft. International House of Pancakes (IHOP) Restaurant Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2002 -008 and also an area map showing the location of the property under consideration, various site and building plans for the proposed development, the • Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents. This matter was considered by the Planning Commission at their June 13, 2002 meeting and was recommended for approval. It is recommended that the City Council, following consideration of this matter, approve the application subject to the conditions recommended by the Planning Commission. • S Application Filed on 5 -30 -02 City Council Action Should Be Taken By 7 -29 -02 (60 Days) Planning Commission Information Sheet Application No. 2002 -008 Applicant: Schuss Clark Architectural Corporation (On Behalf of IHOP Properties) Location: 5601 Xerxes Avenue North Request: Site and Building Plan Approval The applicant, Schuss Clark Architectural Corporation on behalf of IHOP Properties, is seeking site and building plan approval to redevelop the old Baker's Square restaurant site (5601 Xerxes Avenue North) into a 4,040 sq. ft. International House of Pancakes (IHOP) restaurant. The property in question is zoned C -2 (Commerce) and restaurants such as being proposed are permitted uses in this zoning district. The site is 43,833 sq. ft. in area (1.0063 acres) and houses the Baker's Square restaurant. It is bounded on the north by the Brookdale Corner shopping center containing a CUB Foods store and a number of commercial establishments; on the east by Xerxes Avenue with the Brookdale Regional Shopping Center and the freestanding Applebee's restaurant on the opposite side of the street; on the south by 56th Avenue North with the Wendy's convenience food restaurant on the opposite side of the street; and on the east by the access drive serving CUB and the shopping center with the old Marquette Bank on the opposite side of the access drive. ® The plan is to demolish the existing 4,203 sq. ft. Baker's Square building and replace it with a 4,040 sq. ft., 134 seat IHOP restaurant. ACCRSSTARKINCT Access to the site will be the same as it is for the Baker's Square site, one access on Xerxes at the northeast corner of the site and one access tying into the drive lane serving CUB and the retail center leading from 56th Avenue North, which is located at the southwest corner of the site. The plan shows 74 parking spaces surrounding the new building, which is centered on the site with the main entrance being along the east, or Xerxes Avenue side of the building. Seventy-two nt g Y parking spaces are required based on 134 restaurant seats and a maximum of ten employees at the busiest shift. The Zoning Ordinance requires one parking space for every two seats and employees. Three parking spaces are handicap accessible and are located by the main entrance to the building. Circulation around the site will be the same as it was for the Baker's Square building and will create no additional traffic problems. GR A I)INCTMR A INA GEZI 111T ITIF S The applicant has provided grading, drainage, utility and erosion control plans which are being reviewed by the City Engineer. The City Engineer's written comments and observations of the plan will be provided with the Planning Commission report. Generally, the site will be cleared, 6 -13 -02 Page 1 new asphalt and curb and gutter will be provided. Currently the site is not served by on site storm sewer. The applicant's proposal does comprehend storm sewer serving a portion of the site. The City Engineer is evaluating this plan and may have recommendations for additional storm sewer. With respect to sewer and water, new services will be provided connecting to the sanitary sewer and water mains within the Xerxes Avenue right of way. The site, as previously mentioned, is 1.0063 acres and, because it is less than five acres in area, is not required to have Shingle Creek Watershed Management review. No on site ponding or water retention is required. A minimum of B -612 curb and gutter is required to be provided around all parking and driving areas to assist on site drainage of the site and to provide adequate parking protection. LAXD APB The applicant has submitted a landscape plan in response to the landscape point system used to evaluate such plans. This 1.0063 acre site requires 80 landscape points. The applicant's proposal is to retain the existing shade trees that are located around the perimeter of the site. These include three Locusts along the 56th Avenue North green strip, four Locusts located along the Xerxes Avenue North green strip, four Locusts and one Ashe located along the northerly portion of the site and four Locusts located adjacent to the access drive servicing the Brookdale Corner shopping center. They propose to add one Honeylocust on the north perimeter of the site O and to add six Amur Maple, three at the northeast corner and three at the northwest corner of the site in planting areas, and to provide two Scotch Pine at the northwest corner of the site. The balance of the landscape plan includes shrubs to be located primarily around the foundation of the building and at the parking protector areas around the site. In addition, a shrub area will be provided adjacent to the rows of parking at the southeast corner of the site. Shrubs include Tauton Yew, Maiden Grass, Snow Mound Spirea, Sea Green Juniper, Compact Burning Bush, as well as A. W. Spirea. The total point value of all landscaping on the site, which includes 17 shade trees, six decorative trees, two coniferous trees, and 95 shrubs is 238 .5 points. The landscape plan is certainly adequate and consistent with the point system utilized for evaluating such plans. BI TII DINC'T The applicant has provided building elevations showing the proposed exterior of the IHOP restaurant. The exterior will be primarily an EIFS with a sand float texture. The color will be an off white contrasted by an egg shell cream. There is a tower feature on the east side of the building that extends above the main entrance. Blue, white and red banding around the top of the building is included and a blue standing seam metal roof caps the tower feature. In addition, double glazed windows are featured on the east, north and south sides of the building covered by blue awnings. No lettering appears to be proposed on the awnings and, therefore, would not be considered a sign unless internally illuminated. 6 -13 -02 Page 2 LIGHTINGM ASH The applicant has submitted a lighting and photometric plan indicating compliance with city ordinances. It shows foot candles which do not exceed the standards outlined within the ordinance. The plan calls for 30 ft. high freestanding light poles, two of which would be located along the 56th Avenue North green strip, two in the Xerxes Avenue North green strip, two on the north side of the site and two along the access drive leading to the CUB Foods and shopping center to the north. These lights are a 400 watt metal halide cut off type fixture. Various wall - mounted signs are proposed as well. Our major concern is that lighting be shielded and directed onto the site and to avoid off site glare. The applicant's plan appears to comply with these requirements. The site plan shows the trash enclosure area to be at the northwest corner of the building. Plans submitted show the enclosure to be a split face block painted to match the building exterior. It will contain metal gates also painted to match the building. The height of the structure is 6 ft. 8 in. above grade and is 18 ft. by 17 ft. 4 in. RECOMMENDATION Altogether the plans appear to be in order and approval is recommended subject to the following conditions. • 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, draining, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure the completion of site improvements. 4. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 6 -13 -02 Page 3 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B -612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to the release of the performance guarantee. 10. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. 11. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the City Engineering Department. 12. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. • 6 -13 -02 Page 4 MEMORANDUM DATE: June 11, 2002 TO: Ron Warren, Planning and Zoning Specialist FROM: Todd Howard, City Engineer SUBJECT: IHOP REVIEW The Engineering Department has reviewed the subject plans dated April 11, 2002, and comments are as follows: 1. Access to the site utilizes the existing entry locations. The existing driveway on the west side of the property access onto a private road. The developer should be aware that the access and maintenance of the private road should be addressed with Welsch Companies. 2. A rock construction entrance shall be included in the erosion control plan and only one entrance shall be utilized during construction. 3. The proposed storm sewer is shown connecting to the City's drainage system on Xerxes Avenue. This is acceptable, however, the crossing of the sewer and water shall be detailed • on the storm sewer profile (Sheet C3). The drainage area sheet flowing onto Xerxes Avenue shall be cut in half or additional storm sewer will be required. 4. Any sidewalk (as required by the storm sewer and water service installation) disturbed shall be reinstalled in accordance with the City Standards. 5. A utility plan is not included. The plumbing plan (sheet PS 1) shows installing a new water service. The existing service shall be abandoned at the main. The developer should verify that a 2" water service is adequate for domestic and fire flow requirements. A $3,000 connection fee is required. ' III WE M4 /1111 • mm SA i o11 1 �� 11111 1B /lls�1 1 ii `rte �r 11111 1 � �� r rrr r . �► ��',+� 11�12 1111' ►- .__f � ir 1F7► 1�-� �� � � � '� � , .- • - too • r ■11111 �� / , . ,.. ii /�01 ■� ♦ +/ iii T_ SITE RESTRICTIONS: VICINITY MAP 4EGAL DESCRIPTION \ .. •• • COMMONWEALTH LAND RtL ■18uwAH■C ~ANY ; lax•mcstn <�:',':•;� Mi mx,u CommimP1T IIY, H7888, DATtD PiMUM7 10. 18■8 rm� ee !GLOM 1, T 118 a, t t1 w r•r A M.— 1.a errr w Ira taer to N ,.A�w: • .i. " - `_ _' _ erne .noeernx�mn r .. ,• ` .�• _ r unnctanag •ra!•�.. �•, •.�' �a �4br4_ _ atneer -Ir I:. i.T 5..... . ""'i, ••'...r 1 O tmr r• � `•i�' � . y �$. -,�+ SCALE:I " -70 fx aYa�aaaaalwlnR Y : . r r � 1�■� —.—� —� aa.ra neata.n. t'i . :; • 't -• •. " •' fi �r } 1, w o n .asnuwrutaa .'I' �.' • ' _ ;: f , " ; .y Y uec,art•m .... ; i 1 7�. raa.Hx.urrn.. rewameua � %' ,:i: "1' ` h . + A:,!,a" - _ t mna .carnwrrn eaae,n _ 'r`1.' ; . ....: � ^ ":;• `� ... {i � ..utmaanrrrronaearorc . d•rra 1' = :, :•, y ,_ � .,, i •.. ;: �,; ...� + •� ` : .. • �� rxarmeruowtrncaxne ! _ �• " • -r � , -- — _ _ rxwutncerrunvena! •:' • � -i: �:"' r +4 �... <:::'.;� f • :x`.., �.: runrrr. aawruarnrxnar -ta. ;f. 1. . • �:y; ,. :!f `. %!�M: 1!•' a=':, ,a a a ITEMS CORRESPONDING TO SCHEDULE B: ,ti •. I" ' �1G .,y:': :••y�j,- + , ; '. MEASURED LEGAL DESCRIPTION -- awr a r.,r wa..o w rwe r r . r <- •�: •• :, -.>,. _ « ewawlar as rrn jj r r + -.: Dar m WE accaaom! .�" .w � ° mo r :..... rmwe t • J� :a 's��'- �'� '•' �< ' ;; ', a - •w•• .' r ntAmarm r.ama are •s ro,n rr.mwnvr � � �'=YrR i�� ° ���� . ,;>.'• - K� srwan wwmawmr•rmvx ewa.,ee � r ._�' - • �'� :•:; : y..>;.':':i w +'!. •_ r'rr ��C'CiT. w■, .rra rs•wr • awns rAwwwr e•m f c , - , ,,++. w ° rmw arla a ,ra m wemmr Y rl .: s t <..'1::'r .. f - ` 7 O : <. • •-�• '.. _�, • �. ' w:.`.RL� dam• u "'r"rw rm xm.x wnx wa•rrm r. @ '•p•- 11,� � ' - 's• '? c •�� .'. errran saacr rwearr xo ■norm l J -t dd � � �' . O " -. r' . •� •• a tAear ra N ,rra•t .,ml n..urm r rw .Ira naAr : a p - s � - � :1: :. � :' � wma,x m.mr owarmm w .rnn > r '.oar wn. , . i ' � :. ,�.:•':. L E :i ce..: « _ �, • : -., . !J - Wt u rJearolr nw dr.: rwrsro w Aw, ° x an '�'��� •�. i ma�1r,•mi'm rr,00r.[wAw°ai ° "_gal:. `: •'- rA �awM wm vpsl` u ns r _. : 7r � ��. v✓ e'' w " i rircnif¢r imn Iaw i warm aw Bar ,owe � % �: _ " • � a C a.ra ra¢ tAOai « aarrma w wrwear r emm t j;; �: 50M #RIQS A%VM MCATH « n . n. <ro,rr w s.w mo mr wur a.a.•r : :: a ' ' rte.. +_ � d wa. wr w x r rmo wm.oer r•wwr.. •" • �I' `" • na•u.�.vn.a.. a � u - :..� -- • .. •'••. n.�rnrmwn.rtn u,...,.v..au. e.a � � • u w.wr w d waeecasr m s,ar w wva ■aa•mrt ' . ' 1 ' � . � STA T£MENT OF ENCROACHMENTS: _ • • • i •r '�� - -r +! / ® at zew na tr ar•xea rwa r. y!; I ALTAIACSM LAND TITLE SURVEY ,lee■rwlr l•( r•°arR eaM ., l� O `i 1" •- a +['.: •� J . wawsn .s m ■w aama `' D. � ' . ,� • CERTIFICATION w»rs.a ■a auam n,wanc� a,.x � ': ` i. d � O � .� ✓ ,. � / as wrra ° ° wr .rrne.rt r.w,orr w«ir YY ` . `' �! 0 0 LEGEND: •; : i:'•Y :!: _ :•., .'[r' «" _ : �.,...:.ti; „, ly •..� w..�...�' :�.�'� — . �� �!� ^ ar, ..:. � ( M • q � Y w�r l � w N � r FI.M.1 �wr�.�Ii..wM. ���rYr,Y r rTM�4 �w — — '+ � 4 - a.{V ��,' ::. A�w.+4 ww.Y.W rMr"� �..m•s1� w�i�M �./ d6 ...,• —.,r. _ .�.... ., ..mss -. �J:. �(.w� .�... :.�.. « .�..' Z�i. ° i'.T' ' •' a �eyr,. .w • o -M . /+ �. r••T V .. Ya �— 58.4,!"'• _ �Y F. }1 + � • � 1 {A M �r� .. � � .� 'j f� BASIS OF REARINGS: .;.� , a.� (. • ' i ' .. LAND aAw T •i"~w• i.a w '�riw r .rr i �' 4 a.rneuunrorn.,creaunn Orra•u .�NO •" ! ttou +nm BUm ai ' t vu m• r..una+avx sutmc.uria � •.. lax W Ll taeuoeseae.nonxuexn,awa :.•. BASISOFELEV.ITIONS: NOTES: L y;:. UTILfTY PROVIDERS: rw nararmanma.nr.rmr a'r "` `� +� m �^ i- ° tavmeanrnanee orAaarer..vax �:• '�'da'ZS•� "� � �: G - .; y e a ev n naun .. _�.� m. —.a. ercre ^ a, ra r. rw -•w-w e i Y rurrermarraoorarneanrar + ��.. `° . �w• _• ` �... — , — e• " la rrm nn.arraer•narve 4m�.t atn 73 n000 Harr: b s+•• wr...• �.. r•wv ..w �.r" — x' � � : ''.:i -`/ t w a a�..r..... e� r t w: :'r.L,��n ^ • �: �"" • :.:' ! J ' % T "�'SC r "., A „ •' i w .r...p •.r••wrwt _ / : �� . � :..� :..' �:. PARKING NOTE .`. r..".ar•.'•''r,r- ...,. +....+r'v w.. / -" Y ' iwa�icviiiv.cu - i , a L4YDAT.a sf7SSSRnC6falw]- alaarr Z FOR ANYAND ALL INQUIRIES, PLEASE CONTACT LANDATA SITE SERVICES s xojE:: 9JOa a our .. aalMI'a — aSr. 1 M77 PLAN PACMM u °I ff llNrl�wfwf:M °I fXOSwfI/ MMM. ` yy °1 PIYArP.MI� ��i PIII.V.Y4AL �ff.M r`\ � rfwfcfixwMRYMf r"fwwvw/wfrrw,ri fww/wwiww, I ` 1 I � f ❑° fore 1 emu � � f.�wrwwww I i �+ • w� M . ee....o w.w. Gl IHOP ' i j 1 - s Q ffw.s /aownwio.uw.fs 1 i.� �.r ��•. • °f Iioff�lwO fr.IMYA P• P.I� /.� }���.: `..� " / } `!h \ \\ \\ °a rP.wl•XNeIf1YlLrlfC N "G" BUILDING 4,040 S.F. S 4 a 1 ° '' • /'' � � w f f ° • / � � i / �Q, =LW*VVIMY TAmmulk A Me 99ADNr mvT Tm V-N NoRTN 101& NR ASIA • 43ow 9r. floor, WT& LAND-V." AMA • "o if. t2w Wr At 9ManN9 MEA • 4p/0 $T. h W VOL ~9WO AMA • 90.624 If. MW ►M.'111P ItAM I PAP6" 9PACZ / 2 VA19 LSITL! PL—AN PMCN9 SPACE / 1 e IOrm - «/tn LOAD r . O 84 9FA19 61 PAWN" 10 v"I mm 9 PMKN99 PAW"P11 MW • 14 9PA65 4*•#LM 24 ACIL. 10' P 9PM36 SP AM / p8.740r s SD • e� st Irt t Mfll'E. IrK e . 1W.. � sa Tti N �.w � � 11 © NOT USED ' ,e W.g',u .1. t SCAM fU1rACr mm rlwr �� ? �■ 4 A wAm - --x IK .,a w.i _ M� R�R•M1M 1N1 - - tnt - - -� P » 1 � � r {� r.rur .a prlrs AT SrK ��' 1 ' M11 r1tr.K IY r Ilrl r 1Y m rnrai M .` .♦ r 11t 1�r M � k � _- - - -- 1 I f a.�ir 1u i1r V } z .><rnoll GATE JAMB SECTION - :. ' ' k taa 11/Y - r-r $ snx P srJ4L i 11S' 1. 7'-s' K area wAi 1� ^ oi t nn�s +s 'c 1�s° t, yl rru�y_.r w — "w. • • Au sum• �."I (l4JiG>S�'iiL" A r r r t IT rlrt ' 11 w�11ai ' uir © sw Mi A (H W 114 r1�1r1 CCIJJ �� p 16i A 11000OYIMI ./C • TRASH ENCLOSURE WALL SECTION 0 TRASH ENCLOSURE PLAN vwrlAl. At t�'K uxa114. o[tAr 'A' sGlrl 1/Y . t'-o' stilt, 1/4' . 1 rra r . Y r drat tllnna iJa r r s na 11S © RWL THRU CONC. WALK r 1 ` r -rte - K a� arxtl AS IgRD �91i Iwo Ial a"•. % t�8' 'tU�r re i Illrr llult � rAi1 A WIOI YOr llrJrl/0 � } _ : 11 ^l+K 9 GATE JAMB r i l r11ri � _ �r N M t.l M7 �IIIIr11r L Y 1t b1-s ----------------------- J rsa rlu Iw y _ -►►-'_ rr r rrsr ' 2 ) TRAS FN t1SI1RF FI FVAT{f1N WAM .. H nmr Oa psl } = I� rry e rr -P�� . .nol Y AT M M it 1 1 ® DROP LATCH DETAIL ® NOT USED © GATE ELEVATION SCAM r . r- o' arAM W 11r . t'-o' TRASH ENCLOSURE ELEVATION ylr t �s So" 1/4' . 1'-0' 06 jx Era L 1/Y r f i f • N1ri MR llllli w tM Irlr tt ®p �J < , r y 7 111Mt MME � / � Olrl ]h' M Mrll �+ 111111 M Mi O )1111 IOrI IIA1p /OI i W 01 t 1 1/Y r r 1 tIK .1 i IjY r 1 1rY r/ 1 IPI A IAC r A IK r 11/Y r 11/Y I - �� -- �- __- ___�- _- �-•� - - - - -J IIIC tr p — onwaga 1 s�i>as� - Isnr m►n 1GmG� r�sl.0 © BAR LATCH ELEVATION 1 1 BAR LATCH PLAN T.E. GATE HINGE DETAIL ® TRASH ENCLOSURE ELEVATION sCALL s• . r-o• se" r . r-o' alulrl 1 1/r . r-o• WAM 1 /0 . V-V SD -2 n Q Q • LEGEND 0 I O-I' fet 1111{ � fq fOfefi FI fr -T tf-i 1 M-1 t tm� w w Itfw11 twwi �� rrt_ [� E 7j ra t/r V-2 1111' 1/r s -t tK � le-41 1 k®r a 11r — - - -_�' I ra 1/r } WALL TYPE LEGEND I r .� � i•/ �,' I e ® iw i i I } r I \�� II fB�tE ra t/r rjI y I tt� r - -- -- C to POMP MrA —� III II —, -- } W w mn nn, P4 FFT ` 2t CD SO r-r r-r r - a r-or 1« ( , e -lnrr t -r tK t t/r t -r t,w .. m MIND IC ra t/r r•r r -r t/r r-r trams rar rs FL PLAN WAL E: tt A -1 • e e ark wrrvxYL'c�nunnaMYVa.n,.a OlaDUinp)l,ouo lllnl �a LY!'1"Ir!•! ft } NUlla•xrllpa too p ■� $ ((mmyy lr1[fIYYaYalau,afM',4f P +.WUU rAS ut.�u J!J r i A aa � MR� 0 0 — O ` C •, O R r9 dOHI iJ I I - _ � _� � • �.- _ ....- .: _ 4-. . O I • t' � tiN i J r.,• f C :�•; e� �m2 C� * OCo I v Y / r..... :� P 1 41 t i t a�ooQ.nt c�ta I �s • CLAW �.,M solar �. rLx 1 1HO1 0 1 ,�, �. •., �•• �..� • • E -� jk ti N �a �lNOLL rAYIY 1UYlSYY i 1 rw r ♦ i. r i i �� 1 ( t o opo A7gI �V Y.0 NYM UPI JaM' I47 7 i N , , •y z ti � , • ILi Fn VII rl ; ;� t al o 4 m 4'-UN M slit ii UK �aa�iirera [ ...r S C —AFO< "°°°.rn csrm M esao �'� ors r� �� uTe. �¢TeAn ON�M'A NNALL PwOVOp K.wKM /OAU APIwA 1'L +'� AA�w N 1AnNr: oRrnARAnw r 16. AL PLANT W1atA wwl K w01- PN11AO MO KA<A N NNw M L, " A RALTNY R AIIO ONGK -PMQ 310 K irPICA O M M MAMA ! DNA0.Y M NA APRlDANL AA?ECM wA NaTNIE "fAIID//wt N W POLO L INC RT If P NKOAAW t WALL K MIAK ORAI ffAIDNO V NLIIl AT mac' 1OMT K rR W1 NML WALL K YGLIMm r110N OKIMIt R NI[ AT W O M001M{L A Ti M 0AOw1 f. FLIC• PLANT N %I...& 19. All PLANT W1l/MAY wWl K P110RCIm IIION M OMTM10 AC1MN DT M YI AMO 1NO PIPS NMI110L ATR10N MM=DM4 TALL KN0 iRAMF011RD, AMD tllL AwN1N0 R.IM731O. llAti O' 2 WN PMOR W RACAIA CMM10T K FlAM1[D MMIfD1AlaT 7NNl K PAOI[Cim IIIOY ONww ACAM TIM 4CIOLL lT C&M.4 1101 wTN I WT YAOI POtOOCALL NNtiT wom A WG- 00',VO ' r� OF "AOl "ILli A 1� IIOItT, f RAIIMO w1aAD OCCI1111SIAwN OAOMYN MPIT Ir *r Aw MMwt MFAPPI AM NMITNO m 11mUC[ WR -RA-L 17. RAIA OOa = WNT-R MNI ■ A L Mw om tMNRM N mm CAAa a1 tau Pat A NPMA OF 1M MIX AM A MAX" OF TWO KARL MK PLANTS MULL K EDGING DETAIL O Foo m CaaNwla v RANw10. RANG TAT ATFM TIOOT-101M w1A1 K .`: L. T PTAlARO TAAVRL A71i No AGII • 1; � L 1f1 Au RANT lxATlaa AE ArPAarA1t. AOJU"i N NEC 1 10 AVW OafllCM 19. Mat 1tAAMwIM vA N ALL alallp.'ON!11 AND AIMIUA. M lw 20. PLAIT NIOANOOL01 ■1MN ONE FOOT (17 OF 7NMM w TRm OR *WM KA M TATMN -�� NM�NOIW CAI TD M M1.WIIO I �A KAQ M � M �1AJ♦ t 21. Np /Km 1M NWL K UWALLY AVAA -Wj nN NA" "ME MXW O SHRUB PLANTING DETAIL T 22 FDKW f CtAw010A1 w1ACE fim mo1D iNA1 K UO ro IID MC/Al 1PUA1[ AL 11.R AMtA" fno11 RANINO "EOL PLM VIRN `'w cwt 23. M" WPP OK NwmKO nc wN KAnI N NL f IM FNa UIC mNnACmI lluul "'"""' OMSI w AN-7 i RM A W"' L Oi RAMM M 7m A RMINO oawWlcnal >e of WTEItA 70 AA11a[ PWN 1•- aLr. 24. R.LFL ]' 6 IuDW N ALL wiLw KD1 AM RAOL Y O MUIM N AtIDINp NAI KOi PLANTING NOTES M wNk ARE HEATKM PK -C.0 x" Naoloct Nea m RAraq - MLWH NAmaxT. mmy. N NOR1t n.nRO M FIN1P I�MfNA AfiIOMAIQ NTN lfAN6V0 111AK AKIICE W NM ~ IIE-pO1mR NDINOK N law (OOrIN w• twl NEAT W KM m K PW11EO NM al01Ml MUM NA13 DN NEIwACiaq PLANT& ANI N`�1NJTIO.RI 1. ALL wOAt fWl K D N ACOOOA1M wM Man W N1W m MYC" IANN•t aONNti. WpK'K 11® Cp1T11 YAi K N1Vm A AL NIaOD AGf !RM ro ANY PLANT N"TALAML MOR 2 LAND"CXt mrttAna w1A1L PI10.OE ALL LNDL W10AAl Ala tr1aM NttEoV A AL AIG3 s0E Meal w W K RACm LAI"i K COMOwD l/ \® lAwNi 1001 w ro K OM N IIIIYAl1 AND MtiALL RMTPO" N Wi(01ED IA]1f11 MD N 11gw1 CM M RAIL. DwIIIIAL'ilw t•LIION A 1 �N RL W1Ilt16T aIMA11tE AL MaN ION A POtOO O al[ Y!M AT M Mn M AOMPTA M COAINO AMR IIOaL R,WfA At cW1MC1O1 wu NAa ILL PUL4COOIn R1OPRr VTN ONION CI O 1m ow N NwwN J. MD WnTAA tAAANNwON" LULL K NAM NINOUT ANaArtcrt ATIPAA. ".v+vr.r� r,w e•x�+ O GROUNDCOVER PLANTING DETAIL ALTT MARIE wTtwul ° !•1!103 = ANY DW1ACwR M Y K cwawDlm i 2e. M rn NAC a ANLL ron AL Wm wA rANA KNm AM LAAD1 M® m PLANT NAT GNAIDT K ORAN AAOMAT M[K11L0 M woNT A w 1E RANT WTUMA I PMOMwCI & AMPTA M W M rwDArr. M CLO PEAK PLANT LOT N D NECEUAR. cONTNACT01 A..~ OF EA CH full K NIAL "PLY O "m m'AMTS" M MAN'r 1GLTIIV C "` Ne Mt Nw 4, w xN ' RM O ON 1 wlowl a M PU E T LMO A6 ew1 27. OMX ALL t MY [OUPLOtf AN V NA- NO MAW AMG N A NEAT, ALAI O t�Ae �K wAMITn s1D1N w M RArt W10UL "DAmIAC lGV[ Fbl1wAC1011 CalaTlal a1 DA NARTAR PALED AtEN NIAOSD raM xAAllo [OI ALL AIw .�� .�. t � IE]POOKL FOR w1K1A10 ALL wMsm ON M PLNNT D PLA W1OAAlA W OTMR TINDp N A C1LA1 AMD 1AIDR1RICIA OO1MM11W AS !AL wld NDTi I NAL Alt H TOOL NE10Mi 2 3. IOOTT AM DAM3pAMCp N M PlAM1NO PLM m M AwCIN6T, PANT A 9. KNOW R ON Due TART ACOAMAAIm alw1O 0 N A II["LLT O PLAN- sDIAT1tMS aalr POiATMw NR/TTY:IAnIA1 TRA0 rtMlalAwrq WTQW1 ON $T.R1W tvl"inlcnNl fA01 wr. W11 AR NMAII MKITIML IJADNO OR 111LL wl 9. 1AMn P tAM411RIC110M a1A1 K M lrDl s aAw A1101M M "1anP1w [MIST M 29. F01RaE ALL PLAM UM 10-30-10 COMOIaAL wL1HRLAK FUMUn N NKCM K M MWTN ROE WA ARE M EM OF NEW CO MW PAMOM NNwK11OO ON rElfillIIll. - 3 0 /PTER KAM Tom• tl1C aDClfla Anw /NM CA4Tmw%w 30. Ki]TAK!!1 1MV N AEA" NI tTIRRT AOMAIND N M IL0.11. _ ON 7. CdlIACtOI • ALL LOCATE ALL OTITTO KICK HAIL K 31. I W1NOMll10 IIOItC CONIAC1011 [ AAT AMOUNT OF MAAN m A IwwMN 1EMffARY A Rmw KM NAAp lwtt _ OLD W-"c wIROAiM1w, AND MN16EL P A N MH A MANNER N NOT TO OWW W1wL MART K w1IPC O WAR "•KART. [IG Y ' L AEWPOaIMIL M M REPAw OF AMY DAMAM m UW= MMkTW MN LA QWXl RANT. NNE C RYML ILAVNO NO "OlR CNTM R 0K N01 (17 IA 0I INK A K PANTO ND1 � K.tal� NTflRM 004CT Arc LIMA" li cr M PLM Mw NI IOOOIM OMIY AIO WY DI Wr MOT wTN 11Q PAM. COIIIIAL LUWO NWL MOT K IIONI�. • tAlwMl AO MtAw N'wCl1R DEPICT M AC1WL I i DGNN ? KItNIIS ■ - d TUPWL MALL K A !KARL LW NTN O0m NwNC1Uw. IOYRL VLA WALL NOT 011>® 32 lAIOICAPt mI1MACla1 A 8010.( TIR RAC WM AND AL OEM w0D0 OI TRMA AAID C _ IIAIwKA MOST LOOK OOGOe.n A0 N10ANC WTMR fNLL K W IW TNAI 1.4 W ROWT. IN WALL RAW FARMS OE TEAR AMR RIRINCIAY. AMDTANL - O,MEn RY KTOkDI t.0 AND M i 9. IAIMCAE COfTACmN -L TLC TOPS AND O STE Rl TOM n A CMM Ti"1"w 8001 OMLAR A S Ki AT 1' AwDLw C W TA AI.O STAR AECOAOOAIMW F0I R IAMOCIgIi MO aYNOIQ llwfiT A NFiAO1AOw Cart M 11tf AFPORT W M AAOti[CT TCR MN K[OIIOL llOw w1NL K 3PECNC m M RANT W1Wi1 NUM ON M OIIANNOL 10. OIOIK MNII1ACWa1 sIA1 RAM t O Tw"OL N N ALL Tai o PlAN1N0 KOf r �1 R "`PW Pt A TSAR M Wit or OOallaKiOM. rr ■ OUT o LIB RT. 11. ALL AOUPI w1A0Mw WN K M OWL COIIRACIDM RROAIKlTT. lNO"CAR ttN1NACIOR 1 - { f Q RK�1oR tT/'w1 L1AL K Ks'OMll1 NI /R�1 RMD[. , � II�MAAY.1{ +'FRa DNPwiKA MANTINOP ARAnw 9D �to+w wDIN DOMAAiIPTIIOR 12 CLt1NAM pwMlrN CR01 R.wNM1O KM A A CPN a tf. TLL ANaOlO1M NAM F PF/ E� ,.y t t M PLACAw McFtL RANINO M AT M A- MPL0M N A - less. MAL- Ati IYLM 41 1J. I.AOOW M RAN OM:AYA110N1 A K CLLAI MAW NAL 10P"s. YIRD I"1N N+ TAT TO Illt`OR NRiIlKR AIIELANIDIif AT AAIW WN = r A MN1 TO•f01L ANA-L Q .y MW wAnOtil /Fla PLpRM 14. wm1 CLAY wL a OICD1Nla0 N M MTANDIAOR OF M LAW ON M WALLAMN p4 8 0 M PLAIT WlaM.11 R MAL K - N ACCDRIANCL Nt N NAMDAO IAOL A MOTL 11wM MTIII Y ERRPONM PMCRl. IAMTNKiY( CCNNACiDII WALL TAR 11CAwIAEt TO MIME N Alt DRAMLML NiA1 Rw IAYC70. � - TREE PLANTING &STAKING DETAIL LANDSCAPE DETAILS O NO te.Ll r. L -2 SHEET NOTES 4 C p .aua waw. M r. tlaorw at�ac ' 1 —� — llw.a .a.11 t M 06a Oa.f M :FM A.[Ma I I p ur.wr lrw MWE 1% N • fYl ..l .IMa� M '. •• �• : �,,,j� • fYl !rl alrl la ..a.r ral wa .. 71 7 ' La "" .Yltt[ .Ii w.0I ..1 M'a IIIML s .Iff h-t. — ® al..a..aewrar .I.al am. Mwl ra.a ma lrlua .� — -- �' © fYl tlrA 111a S a1w. A rw m i _ — ©ua C C © rrrar aarrwwt ar.t .na w wa waw r..r. H Fi H M f FRONT ELEVATION ®•y•TMy•• attar, 1/0- rd . r ♦ / ®a twa t.w rules . r-Y art. w w msas r. as erl.aata afra a rat r-r A (! w ®Is r n ae . i w�it.a' r .ew�i a ' 1 a� ® Ifr.l'wR aaw r.lc : I I 1} r ter m 1 I I 1 ® GENERAL NOTES W8 (Ml p p p p FINISH SCHEDULE Q -- :1 1 P wt<.na y i 'Af.'a. r.a ® P wtra.ow Q...a a 8 p W — — —� — � Q tatla.r rest po ara Im .a.l y'T' — M Q baa.l Garr. P w a.., ua rM rra 7.wa M -It-.f r� a Iola alaalw+M warp MA t� r LEFT ELEVATION W r• 1/4* or SHEET NOTES Yl W W1 M w,l 1M..r /.WY.e /� © 11.. �walM�M wra wr w�r is wou 1 I yA ii...i� 1y ] 1 1 1 I .Y1 .WW ,Wn1R 11. WYlL.W>M. 1( I 1 M I i IE I I Q.r_ 1 00 Ga COO 7�t ... ; "1 II 1 • ��� ' 'j.. ' � ... .'( ". .'f" .�.. �.�.I' •LVt aw�uL rar oi.s m- ; '1 1 .. .. .. ' 1.. I `' :� � , u .s4•im � ur..IO,W. asr Q R�U YMI I.R YR. Y 11-r W W. o-_ ::: i :. 1 :.. ©.W W.W U.rt rrW ar� m.wslYl �I.Ls 'GY p 1s I nry - � �ucLwa r�Yr c o REAR ELEVATION © "�'� ° ' °T � °° ` _ scar, I r-o• rvo-- . r • r � W su >a vW a r-r ur. 4 ® � sn' n �1" � u> � r� 1 •1 ® W1.4 w.Yl WIYI wWVr WM rn.. tr. r W W w W.IYR a r.[ v eW. GENERAL NOTES T L S IMI I.rl .1 .1! M IM YI.R L I 1 i t N - FINISH SCHEDULE C -• �- n !T LT >�•, �> WWW W.III. >.I. W\I.W. M11 "�- Q' RIGHT ELEVATION �wtl 1 /�• . p-0- ......Y..ti 7G�. . f .- w W—t" A -12 SHEET NOTES 4 7t i Y I I I a,N o ai r t-. sm�aaar c I .� �, I � _ _� II J V p uwr«u wMa I p F p falfll ar11 RA.M r awa ~ " MI-' �{ ( Q MNw wur wN t awnw uL fa< wtwa 4 wflR. -ff. _S . I � + p anrwwafoc sfu.w•r.w. ' T wr © ros «« w w�aT rma fy � I / °-+ � 1 ,p�'}' �y I QY �"\ 1 \ / ✓ f�1 © ww ww+e w+n . wro.wla «+aq � wma �M — ' — — �fofa — — r�i — � — — — Zl © w«�ra r wn«I n — rwrw.y►w�«f ,r -112 I ' IlMlww _ T , � �I( ® IICtf MMaT wUR t Apawa YUr.1 wRl N. ay ATTIC VENT DIAGRAM AND CALCS. r � 1 GENERAL NOTES a rw w r art ua s fvfar ww«ffa N All 7 » ,. - J - r l fa r.a� r lrna f. wweaa. rf.wa I I t «TIL 4 Kf M la r furwaw wrwl � (� 1 I I i a wwlo�i wsr. «ariw « ru wsa awa wa1 w C) 8 ^ p n — -----------1 ROOF PLAN LEGEND 1 2 0" 11/4' - V -O' �0 aowx wo. r ra • r r w A 6 ( � w z ME IHOP 1 4 6 �i r /' PUN NOTES: -.y.,, � - � � %�.�', � m vwtrr ■cc w rw�maw�x n[ r wu,we ® w� rnom+a� xM ww[ wK n■s ,wrr m r i.oaxK m PAG A ■or■■ mm oum MST ■■CP �'' ""'.`• . � 'S;• � /=a \ • /•/ / m .IRi' -71a m11wI�xK f� PLUMBING SITE PLAN NCUU..m r ■ Nor-a 0 15 30 60 90 Ps— 1 L ob 09 oe M O 4 dOHI '"« � w � 11Id'id �J.19 '7b�Itl1�9Z9 �w •w ' ri 11 ©� FT 1 z 1719 90019190M - ry � p f M �aa YdTIIDIMM 19M.� rR rWr art A urwC Ylll.r Ir. A R na QIPIA WIT b A dd 1 � W,01 )IOfM SIR i. ONR fMMR ra NIL / WIIY -I-IM� � IttK IrY alY4 /.Ia t •a w.. �.i,� ,I�a .�. N.Y. q IIOINIIa ai A NR YW.IM Mali � A N[f wM Wp IP 1A1.. tar l i .Wf ICw ni101 t� . M Y ZZ 6 TMa[! IIMa .i a .. Iri. ..rw. � WR N Yr caws 1 � I .\ WI.YI u rwA.I I9. ) 4.7 as 4.0 Ss 3 ` `0 M At M I .;y'41 t: e22: 0.e 0.7 0.6 1.6 a..... © HX'�'ERAM 61Gi'T POLE e 1.e ae at \ 9.L11a w .14P 1 E� l 1.t 1.2 a9 6 29 29 / 1 1.6 0. ' l i 4 --2:r 1.6 1s IHOP 2 asz / 1 11_ "G" BUILDING r 4 42- 26 1 i. 4,040 S.F. . t 9 ; / _ .._�, j CLP :i.e °, : 0 3.91 / O / �4 11 3.7 3.2 1 x, 1.7 21 24 0.9 Ili / Z 1. l 3.0 J.1 2s 1 1. .9 2 e 29� ' ' 91♦ 1 91 1 4`T�.,'�9 22 20 27 4.39. 3. 0.9 \ ( V 7 J 7 ` 0 � � 4.3 4.6 ae 7.71 .6 / -N: �J Q 1.1 3 4. 2 0.9 1.2 - tl , J 0.7 ry w .ow.. �. 9Ure IPn.A►N \NI -- s w - . PH • MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION • OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WEST FIRE STATION REGULAR SESSION CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:30 p.m. ROLL CALL Chair Tim Willson, Commissioners Graydon Boeck, Rex Newman, Sean Rahn, Dianne Reem, and John Whitehead were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. Stephen Erdmann was absent and excused. APPROVAL OF MINUTES — MAY 30, 2002 There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to approve the minutes of the May 30, 2002 meeting as submitted. The motion passed unanimously. CHAIR'S EXPLANATION Chair Willson explained the Planning Commission's role as an advisory body. One of the • Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 2002 -008 (SCHUSS CLARK ARCHITECTURAL CORPORATION FOR INTERNATIONAL HOUSE OF PANCAKES (IHOP) Chair Willson introduced Application No. 2002 -008, a request from Schuss Clark Architectural Corporation on behalf of IHOP Properties, for site and building plan approval to redevelop the old Baker's Square restaurant site (5601 Xerxes Avenue North) into an International House of Pancakes (IHOP) restaurant. The site is 43,833 sq. ft. in area (1.0063 acres) and houses the Baker's Square restaurant. The plan is to demolish the existing 4,203 sq. ft. Baker's Square building and replace it with a 4,040 sq. ft., 134 seat IHOP restaurant. Mr. Warren presented the staff report using overhead transparencies to describe the location of the property under consideration. (See Planning Commission Information Sheet dated 6/13/02 for Application No. 2002 -008 and the City Engineer's memo dated 6/11/02, attached.) The absence of an on site storm sewer was discussed. The Commission members were advised to review the City Engineer's comments regarding site utilities and the applicant's proposed storm sewer plan. Commissioner Boeck inquired about the number and placement of fire hydrants. Mr. Warren suggested that a condition could be added requiring fire hydrants be identified on the plan per the • requirements of the Building Official or Fire Chief. 6 -13 -02 Page 1 Mr. Steve Scott, IHOP Project Manager spoke about their plans for replacement of the parking • lot and their plans to address drainage issues on the site. He added that IHOP is very excited to be locating in Brooklyn Center, which will be their first store in the midwest, and look forward to beginning construction. Commission members inquired about the construction date and hours of operation. Mr. Scott responded that they hope to begin construction by the end of July and open in November. He added that hours of operation are generally 24 hours within the first year of opening. The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2002 -008 — SCHUSS CLARK ARCHITECTURAL CORPORATION FOR INTERNATIONAL HOUSE OF PANCAKES (IHOP) There was a motion by Commissioner Boeck, seconded by Commissioner Whitehead to recommend to the City Council that it approve Application No. 2002 -008, submitted by Schuss Clark Architectural Corporation for site and building plan approval to redevelop the old Baker's Square restaurant site (5601 Xerxes Avenue North) into a 4,040 sq. ft. International House of Pancakes (IHOP) restaurant subject to the following conditions: I. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. ® 2. Grading, g, ining, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure the completion of site improvements. 4. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. S. B -612 curb and gutter shall be provided around all parking and driving areas. e 6 -13 -02 Page 2 9. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to the release of the performance guarantee. 0 10. The ro ert owner s p p y hall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. 11. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the City Engineering Department. 12. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. Voting in favor: Chair Willson, Commissioners Boeck, Newman, Rahn, Reem and Whitehead. The motion passed unanimously. The Council will consider the application at its June 24, 2002 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. OTHER BUSINESS Mr. Warren announced that there would be a Study Session on June 27, 2002, to view the Brooklyn Center School District's conceptual plan for rebuilding Earle Brown Elementary School and relocation of the park and school. Mr. Warren added that he has received a request • for consideration of an amendment to the sign ordinance for development complex signs which identify a group of businesses located together with common ownership. He would also like the Commission to discuss the possibility of an amendment to allow such signs at the Study Session. Commissioners Reem and Newman announced that they will be absent at the June 24, 2002 meeting. There was no other business. ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Whitehead, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:20 p.m. Chair Recorded and transcribed by: Rebecca Crass 0 6 -13 -02 Page 3 • City Council Agenda Item No. Ila 0 • Member introduced the following resolution and moved its adoption: RESOLUTION NO. • RESOLUTION RELATING TO LOCAL GOVERNMENT INFORMATION SYSTEMS; AUTHORIZING THE EXECUTION AND DELIVERY OF SECOND AMENDMENT TO THE JOINT AND COOPERATIVE AGREEMENT BE IT RESOLVED by the City Council of the City of Brooklyn Center (City) as follows: Section 1. Backizround. findings. 1.01. The City is a party to the joint and cooperative agreement (Agreement) establishing an organization known as Local Government Information System ( LOGIS). The Agreement is originally dated May 1, 1972, and has been amended by Amendment No. 1, adopted May 3, 1993. 1.02. In 1988, LOGIS established the LOGIS Health Care Group (Plan) to enable members of LOGIS to participate in a program of cooperatively providing group health, life, accident, and other insurance and personnel benefits for the officers and employees of the members of the Plan and LOGIS itself. LOGIS has continuously operated and administered the Plan since its inception. 1.03. The Board of Directors of LOGIS has been advised by legal counsel that it is necessary and desirable that the Agreement be amended to clearly authorize the Plan and the participation in the Plan by members of LOGIS. 1.04. There has been presented to this Council a form of Amendment No. 2 to the Agreement (Amendment). The Amendment is on file with the City Clerk, and is attached as Exhibit A. ® 1.05. It is found and determined that it is in the best interests of the City that the Agreement be amended as proposed in the Amendment. Section 2. Approval and Authorization: Ratification. 2.01. The form of the Amendment is approved. 2.02. The City Clerk is authorized and directed to deliver the Amendment in the manner provided for in the Agreement. 2.03. All actions, if any, of the City, the City Council, and the officers and employees of the City in participating in the Plan, area ratified and confirmed. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member • and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. • EXHIBIT A SECOND AMENDMENT TO THE JOINT AND COOPERATIVE AGREEMENT LOCAL GOVERNMENT INFORMATION SYSTEMS, Originally Dated May 1, 1972, As amended By Amendment No. 1, Adopted May 3, 1993 Section 1. Article I, General Pumose. of the Joint and Cooperative Agreement, Local Govermnent Information Systems, as amended, (Agreement) is amended to read as follows: L GENERAL PURPOSE The General purpose of this agreement is to provide for an organization through which the parties may jointly and cooperatively provide for (i) the establishment, operation and maintenance of data processing facilities and management information systems for the use and benefit of the parties and others and (ii) aroun health, l - ife. accident.-- - and other insurance and personnel benefits for the officers and emplovees of - - -- - - the parties and the organization. Sec. 2. The terms of this amendment are effective as of April 1, 2002. This amendment is effective on the date of its execution and delivery by all of the members of the organization in accordance with the Agreement. • • LOGIS Local Government Information Systems Association The LOGIS Advantage Health Care Group Stanton Group, Suite 100, 3405 Annapolis Lane, Plvnioi.tth, AIN 55447 i'oice: (763) 278 -4462 • Fax (763) 278 -4005 • Internet: http://wnrn:yjohnsoii@Staiitoii group.com May 22, 2002 Ms. Sharon Knutson City Clerk City of Brooklyn Center 6301 Shingle Creek Pkwy Brooklyn Center MN 55430 -2199 Dear Joan: Enclosed is a proposed Amendment No. 2 to the LOGIS Joint Powers Agreement, together with a form resolution authorizing the execution and delivery of the Amendment. (The form resolution will have to be modified appropriately by each member). As stated in the Sample Resolution, LOGIS has, since 1988, been administering a group health and medical insurance plan (Plan) for those members who have chosen to participate. LOGIS' legal counsel has advised the Board of Directors that the Agreement should be modified as proposed by the Amendment to clarify LOGIS' authority to conduct and administer the Plan. The amendment also provides that other types of group benefits may be included in the Plan. The resolution also ratifies the participation in the Plan by members of the Plan. It is necessary for all members, including those governmental units that have not participated in the Plan, to approve the Amendment. The Joint Powers Agreement can be amended only by a unanimous action of the members. Once you have adopted the Resolution, please mail a certified copy with the Amendment attached as Exhibit A to Yvonne Johnson, Stanton Group, 3405 Annapolis Lane N, Plymouth, MN 55447. We will file the copy on your behalf with the City Manager of Brooklyn Center as provided in the original Agreement. In addition, a new LOGIS Group Health and Life Insurance Policies and Procedures document has been included for your information. It has been revised to include early withdraw penalties should any member leave the group without giving proper notification. The Board will greatly appreciate your prompt attention to this matter. If you have any questions about the Amendment, the Resolution or the Polices and Procedures document, please feel free to contact either Ms. Yvonne Johnson, Stanton Group, or Mike Garris, LOGIS. By: By: /& `b4, Dave Wertz Mike Gams ® Chair, LOGIS Health Care Committee Executive Director, LOGIS Enclosure • DJK Draft 2/18/02 MFG Revised 3/27/02 Proposed New By Law LOGIS 6.15. Health Care Group members means those members who choose to provide group health, medical and personnel benefits to their officers and employees under the LOGIS Health Care Group Plan (Plan). A participating, coordinating associate, operations associate, or franchise associate member may become a Health Care Group member. Members of the Plan on May 1, 2002 will continue as members of the Plan without further action by the Executive Committee or the Board of Directors. Members not participating in the Plan on May 1, 2002 may become Health Care Group • members b com 1 with y p ymg h the Health Care Group membership requirements. An eligible government unit wishing to become a Health Care Group member may do so by complying with the membership procedure set out in Section 6.2 and complying with the Plan membership requirements. Health Care Group members are subject to the withdrawal provisions of Article XII of the Joint and Cooperative Agreement. For purpose of Section 2 of Article XII the terms "budgeted revenues and the cost sharing charges" mean the liquidated damages as set forth in the LOGIS Group Health and Life Insurance Policies and Procedures. s DJK- 210239v1 LG100 -16 LOGIS GROUP HEALTH AND LIFE INSURANCE POLICIES AND PROCEDURES Effective August 1, 1992, Amended January 1, 1995, Updated April 12, 2001, and Further Amended May 9, 2002 POLICIES Eligibility Requirements To be eligible for participation in the insurance program, the legal entity must be one of the following: 1. A current member of the LOGIS Group Health and Life Insurance Program; 2. A current member of LOGIS; 3. A Minnesota city; or 4. A joint powers entity sponsored by a Minnesota city. The legal entity must also: 1. Not previously have been a participant in the LOGIS Group Health and Life Insurance Program; and 2. Indicate its commitment to the program by July 15` of the current year or whenever reasonably possible for members entering on other than the first day of a plan year. • For the Plan Year beginning January 1, 1990: 1. All current members of the LOGIS Group Health and Life Insurance program will be eligible for participation in the Plan without restriction; and 2. Other current LOGIS members will be eligible to participate in the Group provided: a. They have not previously dropped membership in the Group; and b. They submit the necessary marketing information as requested by the Group or its designated representative. 3. All non -LOGIS members who are Minnesota cities will be eligible to participate if they comply with items 2.a. and b. above, as well as: a. They must become at least associate members of LOGIS. For subsequent Plan years, a LOGIS member who has not been a member of the Program or who has not previously dropped membership in the Program may participate in the Program's next Plan Year beginning January 1 st of the following year, if: 1. They sign a Participation Resolution on or before August I" of the preceding Plan Year or whenever reasonably possible; 2. They submit necessary marketing information as requested by the Program or its designated representative. • 1 LOGIS GROUP HEALTH AND LIFE INSURANCE POLICIES AND PROCEDURES • OTHER REQUIREMENTS A. Definitions for purpose of these Policies and Procedures 1. Benefit - earning emnlovee is a full -time employee working an average of 30 scheduled hours or more per week based on the employer definition during the plan year. 2. Benefit - eligible emplovee is a part-time employee working at least an average of 20 scheduled hours but less than the defined number of hours eligible to be benefit - earning under the employer's definition during the plan year. 3. Retiree is any employee of a member of the Group who is entitled to coverage under Minnesota Statutes § 471.61, subdivision 2a - 2b ( "chapter 488 ") or any retiree policy maintained by the Member. 4. Non benefit - eligible emnlovee is a part-time employee working less than an average of 20 scheduled hours per week during the plan year. 5. COBRA eligibles are employees entitled to continue participation subsequent to the federal legislation commonly termed COBRA as in force and/or amended. COBRA continuation does not constitute retirement coverage. This term also includes individuals eligible for continuation under any provisions of Minnesota State Law if different than any federally applicable legislation. 6. Prop-ram means the health insurance or life insurance policies maintained by LOGIS . for participating Members. 7. Member means any legal entity as indicated above who has elected to participate in this Program. B. The Member must honor the LOGIS Health and Life insurance policy regarding employee eligibility, which is as follows: 1. An employee of a Member is eligible for health and life insurance if he or she is a regular or probationary employee and works at least 20 hours per week. However, the Member participating in the group, at its own discretion, may establish a more strict definition of eligibility, but not a more lenient definition. Once the Member's definition of eligibility is established, it must be applied consistently within the Member's employee population. All employees meeting the Member's definition of eligibility must be allowed to participate. 2. Members employing two individuals married to each other may allow one of the partners to carry employee + spouse or family coverage. The other partner may then be carried as a dependent of that Individual. These married individuals may also carry coverage separately if desired. 3. Upon retirement, an eligible public employee as defined in Minnesota Statutes § 471.61, subdivision 2a - 2b ( "chapter 488 ") and his/her covered dependents can participate in this Plan at the same premium rate as active employees until reaching age 65. The retiree must pay the entire premium unless otherwise provided for in a collective bargaining agreement or personnel policy. Retirees age 65 and over have • the option of an HMO Medicare Supplement. 2 LOGIS GROUP HEALTH AND LIFE INSURANCE POLICIES AND PROCEDURES 4. COBRA- eligible employees may be covered to the extent the corresponding active employee is eligible for coverage. COBRA continuees are treated the same as employees who are actively at work. 5. Elected officials of any Member are not to be considered eligible for participation unless the elected official's coverage was in effect April 15, 1991 or prior. Coverage for these elected officials will terminate upon completion of the term of office. 6. Non - benefit eligible employees may not be covered. C. The Member must honor the LOGIS Health and Life Insurance policies regarding enrollment in the health insurance, which is as follows: 1. At a minimum, 100% of its benefit- earning employees who are not covered elsewhere through a spouse's employer sponsored group insurance must be enrolled in one of the single health insurance plans. All benefit earning employees must be enrolled in the group term life insurance plan. Members must pay at least 50% of the lowest single premium for benefit - eligible employees. This does not apply to early retirees eligible under Minnesota § Statutes 471.6 1, subdivision 2a - 2b ( "chapter 488 "). 2. The Member may opt, based on its bargaining agreements or personnel policy, not to provide coverage for benefit - eligible employees. 3. Each Member participating in the Group, at its own discretion, may establish a more liberal contribution policy, but not a more conservative policy. • 4. Each Member must follow established contribution/participation rules regarding benefit- earning and benefit- eligible employees. 5. Each Member must treat benefit - earning married employees where both are employees of the same Member as they would any other benefit- earning employee. D. The Member may allow, at its discretion, benefit - earning employees to waive health coverage provided that the employee shows proof of group coverage elsewhere. E. If the Member allows its employees to waive health coverage, a maximum credit of $50 per month may be given to employees in lieu of coverage. F. The Member may not, for any reason, allow any of its non - benefit eligible employees to purchase health coverage regardless of who pays the premium. G. The Member must accept the LOGIS Health and Life Insurance Program's policy regarding the effective date of coverage for newly hired employees. The effective date of coverage can be no sooner than the first day of the calendar month coinciding with or next following one full month of employment and no longer than the first day of the month coinciding with or next following six months of continuous employment. Any such arrangement as to the waiting period of coverage must be consistently applied to all eligible employees of the member. PROCEDURES A. Eligibility for participation in the following plan year's insurance program is based on the • following procedures: 1. If the entity is a current Member of the LOGIS Health and Life Insurance Program: 3 LOGIS GROUP HEALTH AND LIFE INSURANCE POLICIES AND PROCEDURES • a. It will automatically be included unless it notifies LOGIS of its intention to withdraw from the program prior to July of the current year or it is given leave for a late withdrawal, as provided below. b. It must submit insurance data as required. 2. If the entity is a current member of LOGIS, but is not a Member of the LOGIS Health and Life Insurance Program: a. It must notify LOGIS in writing that it wishes to participate in the Program. The notification must be received by LOGIS by July 15' of the current year or as soon as is reasonably possible. b. It must submit marketing information as required by the group or its designated representative. c. Having satisfied all other conditions, entities with less than 50 employees will be automatically accepted, however, premiums will be based on 100% of their own claims experience for the first year, 50% the second year, and will not be 100% blended with the LOGIS pool until the third year. d. Entities with 50 or more employees may be declined based on claims experience. If allowed to participate, premiums may be rated based on the above - mentioned formula (c.). 3. If neither a current member of LOGIS nor the LOGIS Health Care and Life Insurance Program: a. It must adopt a resolution authorizing execution of the standard LOGIS joint • powers agreement. b. It must execute the joint powers agreement. c. It must submit the resolution, two copies of the joint powers agreement, and a cover letter to LOGIS. The cover letter should request admission to LOGIS as at least an Associate Member and state the intention to participate in the LOGIS Health Care and Life Insurance Program and commit to the Program at least through the following plan year. This material must be received by LOGIS by July 15` of the current year or whenever reasonably possible. d. It must submit marketing information as required by the group or its designated representative. 4. An entity that is a current Member of the LOGIS Health and Life Insurance Program may not withdraw from the program for the succeeding year unless (1) it provides notice of withdrawal prior to July of the current year or (2) the Member requests leave for a late withdrawal and LOGIS's Executive Committee grants the leave after concluding, based on objective evidence, that the Member's withdrawal financially benefit the other LOGIS members as a group. Any other withdrawal will be considered an "Unauthorized Withdrawal ", with the withdrawing Member being referred to as a "Defaulting Member ". a. A Defaulting Member will be obligated to pay to LOGIS the greater of (1) minimum liquidated damages of $500 multiplied by each individual insured through the Defaulting Member under the LOGIS Health and Life Insurance Program as of June 30 prior to the Unauthorized Withdrawal or (2) adjusted liquidated damages, as described below, multiplied by each individual insured through the Defaulting Member under the LOGIS Health and Life 4 LOGIS GROUP HEALTH AND LIFE INSURANCE POLICIES AND PROCEDURES Insurance Program as of June 30 prior to the Unauthorized Withdrawal. An amount equal to minimum liquidated damages are due and payable within thirty days of an Unauthorized Withdrawal. b. Adjusted liquidated damages shall be determined if there are any Unauthorized Withdrawals prior to the start of a plan year. In that event, after the start of that plan year LOGIS's health coverage contractor shall estimate the difference between what the continuing LOGIS members can be expected to pay for health coverage during the that year and the following year taking into account the Unauthorized Withdrawals and the facts as they exist on the first day of the plan year ( "Adjusted Cost "), and what such continuing members would have been expected to pay for such coverage in those years had the Unauthorized Withdrawals not occurred ( "Base Cost "). These shall be determined based on actual premiums imposed for the current year, the health coverage contractor's then current underwriting criteria, and facts concerning coverage and experience as known on the first day of such plan year. The determination will be binding on all parties absent clear mathematical error. If Adjusted Cost exceed Base Cost, the difference shall be divided by the number of individuals covered under the LOGIS health plan through the Defaulting Members as of June 30 preceding the beginning of the plan year. If the quotient exceeds $500, such quotient shall establish adjusted liquidated damages, and each Defaulting Member will be obligated to pay the adjusted liquidated damages (net of any amounts already paid) ® within 30 days of this determination. 5. For purposes of marketing the Group to Health Care Providers, the Program has authorized the following to act as its designated representative: Stanton Group 3405 Annapolis Lane North Plymouth, MN 55447 (763) 278 -4462 6. For purposes of marketing the Group Life Insurance, the Program has authorized the following to act as its designated representative: Larry Klopp & Assoc., Inc. 825 Nicollet Mall Suite 1045 Minneapolis, MN 55402 (612) 333 -5313 GP:821353 v1 5 City Council Agenda Item No. Ilb Member introduced the following resolution and moved • its adoption: RESOLUTION NO. RESOLUTION FINALIZING IMPROVEMENT PROJECT NO. 1998 -09, CONSTRUCTION OF PUBLIC SAFETY FACILITY, 67TH AND HUMBOLDT AVENUES NORTH; IMPROVEMENT PROJECT NO. 1998 -10, DEMOLITION OF OLD AND CONSTRUCTION OF NEW WEST FIRE STATION, 63RD AND BROOKLYN BOULEVARD; AND IMPROVEMENT PROJECT NO. 1998 -11, EAST FIRE STATION REMODELING WHEREAS, Resolution No. 97 -205 was approved by the City Council of the City of Brooklyn Center, ordering Improvement Project Nos. 1998 -09, 10, and 11, and authorizing the City Manager to prepare plans and specifications for said improvement, and which provided official intent to issue taxable or tax exempt reimbursement bonds for construction of the projects; and WHEREAS, all project related expenditures have been completed, and resolution of all disputed sums and contract agreements has been accomplished; and WHEREAS, the following revenues and expenditures have been tabulated for all • costs associated with the projects: Revenues: Bond Proceeds $7,900,000 Capitol Improvement Funds $1,119,894 Investment Earnings (Bond Funds) $470,584 Total Available $9,490,478 Expenditures: Contracts $7,034,398 Change Orders $670,067 Land Costs $458,340 Arbitrage Costs $110,258 Other Costs $1,217,415 Total Expended $9,490,478 RESOLUTION NO. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the improvement projects authorized by City Council Resolution No. 97- 205 have been completed and all costs and revenues associated with the projects accounted for in accordance with resolutions awarding bids, authorizing contracts, approving agreements for professional services, and acceptance of progress and expenditure reports provided by the City Manager and adopted by the City Council over the course of project design, construction, and dispute resolution related to the three buildings constructed and remodeled for Police and Fire facilities in the City of Brooklyn Center. Be it further resolved that the Police and Fire Building Construction Projects are hereby closed and any remaining funds will be transferred to the 1997A General Obligation Building Bonds Debt Service Fund. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. June 17, 2002 r MEMO TO: Michael J. McCauley, City Manager FROM: Jane A. Chambers, Assistant City Manager SUBJECT: Resolution officially closing the Police and Fire Facilities Construction Projects After being significantly delayed due to a number of contract disputes, all aspects of the construction projects for Police and Fire facilities have now been completed. A resolution officially closing the projects has been drafted for Council consideration. The resolution outlines the revenues and expenditures related to the projects. The revenues were the proceeds of the bonds, interest earnings on the bond proceeds, and contingency funds provided by the capitol improvement fund balance. Land costs for the police facility and a property adjacent to the West Fire site were not included in the budgeting and bonding process for the projects. The need to purchase land for location of the Police facility was identified after the initial bonding amount had been determined. The property at the West Fire site was acquired when the opportunity to purchase became available in the summer of 1997. The property was purchased by the City and accounted for separate from the subsequent construction project to build the new West Fire building. Although accounted for separately throughout the project, the expense for the land was included in annual CAFR reports as part of the Police and Fire project costs. Therefore, these expenditures have been included in the proposed resolution as part of the total cost of construction. The "other costs" totaled in the resolution represents costs associated with the construction, including additional architectural, engineering, and construction management services that were required over the course of the project, and which have been previously reported to the City Council. These "other costs" also include the cost of a new dispatch center, survey, construction support items (temporary heating, fencing, trash removal) furnishings, appliances, installations of electronic safety systems, cabling, phone systems, computer systems, bond costs, and fees associated with the projects but not included in construction contract awards. • City Council Agenda Item No. 11c Office of the City Clerk OX City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: June 19, 2002 SUBJECT: 1. An Emergency Ordinance Amending Section 19 -403 of the City Ordinances of the City of Brooklyn Center Regarding the Sale and Use of Fireworks 2. An Ordinance Amending Section 19 -403 of the City Ordinances of the City of Brooklyn Center Regarding the Sale and Use of Fireworks At its June 10, 2002, meeting, the City Council directed the City Attorney to prepare an emergency ordinance amending Section 19 -403 of the City Ordinances regarding the sale and use of fireworks and an ordinance amending Section 19 -403 of the City Ordinances regarding the sale and use of fireworks. The City Attorney has prepared an emergency ordinance that will become effective immediately upon its passage. An ordinance amendment has also been prepared by the City Attorney regarding the sale and use of fireworks for City Council first reading and to set the public hearing for July 22, 2002. Since Section 19 -403 adopts by reference Milmesota Statutes Section 624.21, I have attached a copy of that section of the Statutes. Attachments • ... 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn. Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 CITY OF BROOKLYN CENTER ORDINANCE NO. AN EMERGENCY ORDINANCE AMENDING SECTION 19 -403 OF THE CITY ORDINANCES OF THE CITY OF BROOKLYN CENTER REGARDING THE SALE AND USE OF FIREWORKS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: PREAMBLE: The following ordinance is an ordinance necessary for the immediate preservation of the public peace, health, morals, safety, or welfare because of the inherent risk of injury to persons or damage to property resulting from the sale and use of "consumer fireworks ". The City Council recognizes that the Fourth of July is a period of high demand for such products. There is insufficient time to complete the ordinary procedure for introduction and adoption of a city ordinance as required by City Charter Section 3.05 before July 4 in order to be prepared for the increased demand and related increased risk associated with the sale and use of consumer fireworks. Section 1. Section 19 -403 of the City Ordinances of the City of Brooklyn Center is hereby amended to read: ® Section 19 -403. SALE AND USE OF FIREWORKS Subdivision 1. Minnesota Statutes Section 624.21 4-9-7-6 is hereby adopted by reference and shall have the same force and effect as though fully set forth herein. Subdivision 2. Fireworks Defined. The term "fireworks" means any substance or a combination of substances or article prepared for the Purpose of nroducing a visible or an audible effect by combust exp losion, de flagration. or detonation, and includes blank cartridges, toy cannons. and toy canes in which explosives are used, the tune of balloons that require fire underneath to pronel them. firecrackers. tomedoes. skyrockets, Roman candles, daygo bombs, snarklers. other than those specified in Subdivision 2, or other fireworks of like construction, and any other fireworks containing any explosive or inflammable compound, or any tablets or other device containing any explosive substance and commonly used as fireworks. The term "fireworks" shall not include toy pistols_ to_ y guns. in which Paver cans containimZ 25/100 grains or less of exnlosive compound are used and toy pistol cans that contain less than 20/100 grains of explosive mixture. The term "fireworks" also does not include those items defined as "consumer fireworks" in Subdivision 2. Subdivision 3. Consumer Fireworks Defined. The term "consumer fireworks" means wire or wood sparklers of not more than 100 grams of mixture per item, other sparkling items that are nonexplosive and nonaerial and contain 75 grams of less of chemical mixture ner tube or a total of 200 grams or less for multiple tunes, snakes and glow worms, smoke devices, o ORDINANCE NO. or trick noisemakers, which include party streamers. partv poppers, string robbers, snappers, and drop pops, each consisting of not more than twenty -five hundredths grains of explosive mixture. Subdivision 4. Sale and Use of Consumer Fireworks. a. The use of consumer fireworks on public property is prohibited. b. Consumer fireworks shall not be sold to persons younger than 18 years of age. The age of a purchaser must be verified by photographic identification. C. Consumer fireworks shall only he stored and sold in those areas or zones within the City where commercial or industrial activities are authorized under the applicable zoning laws of the City. d. Consumer fireworks shall only be stored in and /or sold from buildings with approved automatic sprinkler systems and smoke detectors. Section 2. This emergency ordinance shall become effective immediately upon its passage and shall automatically stand repealed as of the sixty -first (61 day following the date on which it was adopted. Adopted this day of 2002. Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted, underline indicates new matter.) CITY OF BROOKLYN CENTER o Notice is hereby iven that a public hearing will g p g 11 be held on the 22nd day of July, 2002, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Section 19 -403 of the City Ordinances regarding the sale and use of fireworks. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 19 -403 OF THE CITY ORDINANCES OF THE CITY OF BROOKLYN CENTER REGARDING THE SALE AND USE OF FIREWORKS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 19 -403 of the City Ordinances of the City of Brooklyn Center is hereby amended to read: Section 19 -403. SALE AND USE OF FIREWORKS PROHIBITED Subdivision 1. Minnesota Statutes Section 624.21 49-76 is hereby adopted b P Y reference and shall have the same force and effect as though fully set forth herein. Subdivision 2. Fireworks Defined. The term "fireworks" means any substance or a combination of substances or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion. deflagration. or detonation, and includes blank cartridges, toy cannons, and toy canes in which exphsives are used. the tvpe of balloons that require fire underneath to propel them, firecrackers torpedoes, skyrockets, Roman candles, davgo bombs, sparklers, other than those specified in Subdivision 2, or other fireworks of like construction, and any other fireworks containing any explosive or inflammable compound, or any tablets or other device contain any explosive substance a nd commonly used as fireworks. The term "fireworks" shall not include toy pistols. tov guns. in which paper caps containing 25/100 grains or less of explosive compound are used and toy pistol caps that contain less than 20/100 grains of explosive mixture. The term "fireworks" also does not include those items defined as "consumer fireworks" in Subdivision 2. Subdivision 3. Consumer Fireworks Defined. The term "consumer fireworks" means wire or wood sparklers of not more than 100 grams of mixture per item, other sparkling items that are nonexplosive and nonaerial and contain 75 grams of less of chemical mixture per tube or a total of 200 grams or less for multiple tunes_ snakes and glow worms, smoke devices, or trick noisemakers, which include party streamers- party poppers, string poppers, snappers, ORDINANCE NO. • and drop pops, each consisting of not more than twenty_ -five hundredths lZrains of explosive mixture. Subdivision 4. Sale and Use of Consumer Fireworks. a. The use of consumer fireworks on public monertv is prohibited. b. Consumer fireworks shall not be sold to persons vounQer than 18 years of aee. The ate of a purchaser must be verified by identification. C. Consumer fireworks shall only be stored and sold in those areas or zones within the City where commercial or industrial activities are authorized under the applicable zoning laws of the City. d. Consumer fireworks shall only be stored in and /or sold from buildinEis with approved automatic sprinkler systems and smoke detectors. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 2002. • Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted, underline indicates new matter.) Minnesota Statutes 2001, 624.21 Page 1 of 1 Minnesota Statutes 2001, Table of Chapters Table of contents for Chapter 624 • 624.21 Sale, possession, and use of fireworks prohibited. Except as otherwise provided in sections 624.20 to 624.25, it shall be unlawful for any person to offer for sale, expose for sale, sell at retail or wholesale, possess, advertise, use, or explode any fireworks. This section shall not be construed to prohibit the possession, use, or explosion of fireworks by an engineer licensed pursuant to sections 326.02 and 326.03 or a person under the engineer's direct supervision when undertaking acoustical testing; or sales at wholesale to those persons holding valid permits for a fireworks display from a governmental subdivision of the state; or sales outside the state or sales to licensed professional engineers for acoustical testing purposes only. HIST: 1941 c 125 s 2; 1963 c 818 s 1; 1982 c 440 s 1; 1988 c 584 s 3; 1994 c 636 art 5 s 17 Copyright 2001 by the Office of Revisor of Statutes, State of Minnesota. • • http://www.revisor.leg.state.mn.us/stats/624/2 Lhtm1 6/19/2002