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HomeMy WebLinkAbout1999 01-11 CCP Regular Session CITY COUNCIL MEETING City of Brooklyn Center January 11, 1999 AGENDA REVISED 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. Opening Ceremonies a. Invocation - 7 p.m. NOTE: Pastor Gloria Roach - Thomas is unable to offer the invocation. b. Administer Ceremonial Oath of Office 3. Call to Order Regular Business Meeting 4. Roll Call 5. Council Report 6. 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 Councilmembers not present at meetings will be recorded as abstaining from the vote on the minutes. 1. Truth in Taxation Budget Hearing - December 7, 1998 2. Regular Session - December 14, 1998 3. Special Work Session - December 17, 1998 b. Licenses - Brooklyn Center Fire Department Relief Gambling Renewal License C. Application for Exempt Permit - LG220 for Minneapolis Jewish Day School, Inc. to Hold an Event at the Earle Brown Heritage Center on March 7, 1999 CITY COUNCIL AGENDA -2- January 11, 1999 d. Application for Authorization for an Exemption from Lawful Gambling License (Raffle) from Proper Economic Resource Management for an Event to be Held at the Earle Brown Heritage Center on February 27, 1999 e. Award Bid From Custom Fire Apparatus, Inc., in the Amount of $203,998 for a New Salvage Truck for the Fire Department and Accept Donation of $9,000 from the Fire Relief Association f. Resolution Designating Official Newspaper g. Resolution Appointing Michael J. McCauley as Director and Jim Glasoe as Alternate Director to the Board of Directors of Hennepin Recycling Group h. Resolution Designating Depositories of City Funds i. Resolution Setting Special Assessment and Internal Loan Interest Rates for the Year 1999 j. An Ordinance Vacating a Portion of Alley Right of Way - Motion to approve first reading or ordinance and set February 8, 1999, for public hearing and second reading. k. Resolution Declaring Commitment to the Brooklyn Center City Charter, Pledging Fair Treatment of Employees, Declaring Against Conflicts of Interest and Misuse of Positions 1. Resolution Accepting Bids, and Awarding Contracts for Construction of New West Fire Station 1998 -10 and East Fire Station Remodeling 1998 -11 m. Resolution Authorizing City Manager to Enter into Memorandum of Understanding with Local 82 of Law Enforcement Labor Services Regarding On -Call Status for Detectives 7. Recognition of Outgoing Councilmember Resolution Expressing Recognition and Appreciation of Kathleen Carmody for Her Dedicated Public Service as Council Member -Requested Council Action: - Motion to adopt resolution. CITY COUNCIL AGENDA -3- January 11, 1999 8. Public Hearings a. An Ordinance Vacating a Drainage and Utility Easement - REGAL ROAD DEVELOPMENT SECOND ADDITION -This item was first read on December 14, 1998; published in the official newspaper on December 23, 1998; and is offered this evening for a second reading and public hearing. -Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinance. b. An Ordinance Vacating Easements for Street Purposes - BROOKLYN CENTER POLICE STATION ADDITION -This item was first read on December 14, 1998; published in the official newspaper on December 23, 1998; and is offered this evening for a second reading and public hearing. - Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinance. C. An Ordinance Amending Chapter 7 of the City Ordinances Relating to Storage of Refuse Containers -This item was first read on December 14, 1998; published in the official newspaper on December 23, 1998; and is offered this evening for a second reading and public hearing. - Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinance. d. An Ordinance Amending Chapter 3 of the City Ordinances Regarding the Minnesota State Building Code -This item was first read on December 14, 1998; published in the official newspaper Is on December 23, 1998; and is offered this evening for a second reading and public hearing. CITY COUNCIL AGENDA 4- January 11, 1999 • Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinance. e. An Ordinance Amending Sections 25 -501, 25 -1003, 25 -1006, 25 -1010 and 25 -1015 of the Brooklyn Center Code of Ordinances Relating to Right of Way Permits and Uses -This item was first read on December 14, 1998; published in the official newspaper on December 23, 1998; and is offered this evening for a second reading and public hearing. - Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinance. £ An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (5001 Drew Avenue North) -This item was first read on December 14, 1998; published in the official newspaper on December 23, 1998; and is offered this evening for a sec_ and reading and public hearing. - Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinance. 9. Council Consideration Items a. An Ordinance Amending Chapter 12 of the City Ordinances Implementing a Time of Sale Housing Inspection, Requiring an Inspection, Disclosure of Consumer Information Concerning the Condition of a Dwelling Prior to its Sale, and Correction of Certain Hazardous Conditions - Requested Council Action: - Discussion of Housing Commission Recommendation. - Direction from City Council: *No Action. *Introduce and set date of public hearing. CITY COUNCIL AGENDA -5- January 11, 1999 b. An Ordinance Amending Chapter 23 of the City Ordinances Relating to Payment by Pawnbrokers and Secondhand Goods Dealers for Items Pledged and Location of Pawnbrokers -This item was first read on December 14, 1998, tabled to January 11, 1999, published in the official newspaper on December 23, 1998, and is offered this evening for first reading. -Requested Council Action: - Motion to approve first reading of ordinance and set February 8, 1999, for public hearing and second reading. C. Select Presiding Officers - Mayor Pro Tem and Acting Mayor Pro Tem -Requested Council Action: - Council discuss and select presiding officers. d. Appointment of Council Member to Serve as City Representative 1. League of Minnesota Cities 2. North Metro Mayors Association 3. Northwest Suburbs Cable Communications Commission 4. Association of Metropolitan Municipalities -Requested Council Action: - Mayor appoint Council Member to serve on each committee. e. Mayoral Appointments of Council Liaisons to City Commissions for 1999 1. Financial Commission 2. Housing Commission 3. Human Rights and Resources Commission 4. Park and Recreation Commission -Requested Council Action: - Motion to ratify Mayoral appointments. f. Resolution Expressing Recognition and Appreciation of Members Who Have Served on City Advisory Commissions -Requested Council Action: - Motion to adopt resolution.' g. Mayoral Appointments to City Advisory Commissions -Requested Council Action: - Motion to ratify Mayoral appointments to City Advisory Commissions. CITY COUNCIL AGENDA -6- January 11, 1999 h. Status Report on Brooklyn Boulevard Roadway and Enhancement Projects -Requested Council Action: -City Manager will provide report. L Resolution Calling for a Public Hearing Regarding on the Creation of Tax Increment Financing (Soils Condition) District and the Adoption of a Tax Increment Financing Plan Therefor - Requested Council Action: - Motion to adopt resolution. 10. Adjournment I City Council Agenda Item No. 6a MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA TRUTH IN TAXATION BUDGET HEARING DECEMBER 7, 1998 CITY HALL CALL TO ORDER The Brooklyn Center City Council met for the Truth in Taxation Budget Hearing and was called to order by Mayor Myrna Kragness at 7:00 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kay Lasma.n, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Finance Director Charlie Hansen, City Assessor Stephen Baker, and Recording Secretary Maria Rosenbaum. PRESENTATION . City Manager Michael McCauley explained the purpose of this meeting was to give the public an opportunity to give input to the City Council on the proposed budget. By state law, the City Council may not take action to adopt the budget at a meeting at which it takes public input. Mr. McCauley discussed the proposed General Fluid levies for 1999 which provide the services such as police, fire, streets, parks, recreation, inspections, and administration. Personnel costs represent 62.42 percent of the General Fund. Increased pension costs as salaries rise are solely the burden of the City. Salaries and fringe benefits alone constitute $291,350 of the $317,350 budget increase. This does not include a greater potential increase in fringe benefit costs that may result from the recent arbitration award to the Teamster's Union employees. Mr. McCauley discussed the total budget amounts for spending in 1998 and 1999. The General Fund budget for 1998 was $13,187,566 and the proposed 1999 budget is $13,504,916, which is a 2.44 percent increase. Mr. McCauley explained the property tax comparison from 1998 to 1999. The combined property taxes for the General Fund, HRA, and EDA in 1998 were $7,687,124, and the proposed property taxes for 1999 are $7,896,858. This is a 2.73 percent increase. Mr. McCauley reviewed a tax computation on an $84,000 average market value property. 12/7/98 -1- DRAFT Council discussed the tax statements received for 1999. Mr. McCauley suggested opening the public hearing for public input and discussion. A motion was made by Councilmember Hilstrom to open the public hearing, seconded by Councilmember Carmody. Motion passed unanimously. Dan Remiarz, 6201 June Avenue North, addressed the Council in regards to his 1999 tax statement and expressed he is confused about increase of City taxes. He attended a meeting at the County and still did not understand the information given at that meeting. He did however learn of the program "This Old House" and was wondering about more information on this program. Mr. Remiarz also wanted more information on the bonds. Mr. McCauley discussed the issues raised by Mr. Remiarz. Council further discussed how properties are chosen for evaluations and how the properties are calculated. A motion was made by Councilmember Carmody to close the public hearing, seconded by Councilmember Lasman. Motion passed unanimously. Mr. McCauley discussed the final budget will be adopted at the December 14, 1998, City Council meeting. There will be no continuation of the Truth in Taxation meeting since the Truth in Taxation Budget Hearing was completed. On December 14, 1998, there would be a subsequent hearing as provided by state law. ADJOURNMENT A motion by Councilmember Hilstrom, seconded by Councilmember Carmody to adjourn the meeting at 8:06 p.m. Motion passed unanimously. City Clerk Mayor 12/7/98 -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 DECEMBER 14, 1998 CITY HALL 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in informal open forum and was called to order by Mayor Myrna Kragness at 6:45 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kay Lasman, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager/HR Director Jane Chambers, City Attorney Charlie LeFevere, and Recording Secretary Maria Rosenbaum. INFORMAL OPEN FORUM Marjorie Holmes, 7207 Grimes Avenue North, addressed the Council regarding the playground at Palmer Lake Elementary School. Ms. Holmes had requested money from the City to help improve the 34 year old playground. It was the consensus of the Council to refer this request to the budget process for the 2000 budget and input from the Park and Recreation Commission. Earl Roland Bolier, 6825 Quail Avenue North, addressed the Council regarding concerns about recreational fires and trucks parking along residential streets. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Carmody, seconded by Councilmember Hilstrom to adjourn the informal open forum at 6:56 p.m. Motion passed unanimously. 2. INVOCATION A moment of silence was observed. 12/14/98 -1- DRAFT 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 7:06 p.m. 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kay Lasman, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager /HR Director Jane Chambers, Planning and Zoning Specialist Ron Warren, Public Works Director Diane Spector, Community Development Specialist Tom Bublitz, City Attorney Charlie LeFevere, and Recording Secretary Maria Rosenbaum. 5. COUNCIL REPORT There were no Council reports. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Mr. McCauley requested the addition of Item 9r, Resolution Authorizing Addendum to Employment Contract with City Manager. A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve the agenda and consent agenda as amended. Motion passed unanimously. 6a. APPROVAL OF MINUTES A motion b Councilmember Carmody, b Councilmember Lasman to approve the Y Y� Y pP minutes from the regular session on November 23, 1998, and special work session on November 3 0, 1998. Motion passed unanimously. 6b. LICENSES A motion by Councilmember Carmody and seconded by Councilmember Lasman to approve the following list of licenses. Motion passed unanimously. POOL AND BILLIARD TABLES Chi -Chi's Inc. #424 2101 Freeway Boulevard BOWLING ALLEY AMF Earle Brown Lanes 6440 James Circle 12/14/98 -2- DRAFT COURTESY BENCH U.S. Bench Corporation 3300 Snelling Ave. N., Minneapolis GASOLINE SERVICE STATION Brookdale Citgo 5710 Xerxes Avenue North Christy's Auto Service 5300 Dupont Avenue North Iten Chevrolet Company 6701 Brooklyn Boulevard Metropolitan Council Transit 6845 Shingle Creek Parkway Seaport, Inc. 6830 Brooklyn Boulevard SuperAmerica 94058 1901 57th Avenue North SuperAmerica 44160 6545 West River Road MECHANICAL SYSTEMS Modern Heating and Air Conditioning, Inc. 2318 1 st Street NE, Minneapolis Northland Mechanical Contractors, Inc. 2900 Nevada Avenue North, New Hope PUBLIC DANCE Davidson Hotel d/b /a Minneapolis North Hilton 2200 Freeway Boulevard POOL AND BILLIARD TABLES C.D.L. 12322 Business Park Blvd, Champlin RENTAL DWELLING Initial: Todd Bleeker 3306 Lawrence Road Renewal: Curtis Cady 1312 72nd Avenue North Kenneth Solie Evergreen Park Manor SIGN HANGER Gruppo, Inc. 2835 Harriet Avenue South, Minneapolis TOBACCO RELATED PRODUCT Brookdale Citgo 5710 Xerxes Avenue North Brooklyn Center Municipal 41 1500 69th Avenue North Brooklyn Center Municipal #3 1966 57th Avenue North Davidson Hotel d/b /a Minneapolis North Hilton 2200 Freeway Boulevard Duoos Brothers American Legion 4307 70th Avenue North Fleming Companies, Inc. d/b /a Rainbow Foods 6350 Brooklyn Boulevard Jerry's Enterprises, Inc. 5801 Xerxes Avenue North K -Mart 5930 Earle Brown Drive Seaport, Inc. 6830 Brooklyn Boulevard 12/14/98 -3- DRAFT TOBACCO RELATED PRODUCT - Continued Speedway SuperAmerica LLC 1901 57th Avenue North Tobacco Leaf 6300 Brooklyn Boulevard Value Food Market 6804 Humboldt Avenue North 1999 LIOUOR LICENSES Class A On -Sale Intoxicating Liquor License (80% or greater food) & Sunday The Oliver Garden Italian Restaurant #1253 1601 James Circle North Class B On -Sale Intoxicating Liquor License (50% to 79% food) & Sunday Applebee's Neighborhood Grill & Bar 1347 Brookdale Mall Earle Brown Lanes 6440 James Circle North Remington's 1501 Freeway Boulevard Chi -Chi's Mexican Restaurante 2101 Freeway Boulevard Hilton Hotel 2200 Freeway Boulevard The Ground Round 2545 County Road 10 Class F & Sundav On -Sale Intoxicating Liquor License D'Amico Caterin at Earle Brown Heritage Center 6155 Earle Brown Drive On -Sale Club Intoxicating Liquor License American Legion 4307 70th Avenue North On -Sale Wine Licenses 50's Grill 5524 Brooklyn Boulevard Dayton's Brookdale Inn 1100 Brookdale Center Denny's Restaurant 91284 3901 Lakebreeze Avenue North Fuddruckers 5800 Shingle Creek Parkway On -Sale 3.2 Malt Lio_uor Licenses 50's Grill 5524 Brooklyn Boulevard Beacon Bowl 6525 West River Road Chuckwagon Grill 1928 57th Avenue North Centerbrook Golf Course & Central Park 6301 Shingle Creek Parkway Davanni's Pizza and Hot Hoagies 5937 Summit Drive Dayton's Brookdale Inn 1100 Brookdale Center Denny's Restaurant 41284 3901 Lakebreeze Avenue North Fuddruckers 5800 Shingle Creek Parkway Scoreboard Pizza 6816 Humboldt Avenue North Denny's #6887 6405 James Circle 12/14/98 -4- DRAFT Off -Sale 3.2 Malt Liauor Licenses Holiday Stationstore 4292 420 66th Avenue North Jerry's New Market Brookdale 5801 Xerxes Avenue North Rainbow Foods 6350 Brooklyn Boulevard SuperAmerica #4160 6545 West River Road SuperAmerica 94058 1901 57th Avenue North Value Food 6804 Humboldt Avenue North PAWN SHOP LICENSE Cash n Pawn 1950 57th Avenue North, Suite 964 6c. SITE PERFORMANCE GUARANTEE RELEASES - Minnesota State High School League (2100 Freeway Boulevard) -Cross of Glory Lutheran Church (5929 Brooklyn Boulevard) Sunlite III, LLP (6601 Shingle Creek Parkway) A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve the site performance guarantee releases. Motion passed unanimously. 6d. RESOLUTION DECLARING THAT THE CITY DOES NOT WAIVE THE STATUTORY LIMIT ON MUNICIPAL TORT LIABILITY FOR THE PURPOSE OF RENEWING INSURANCE POLICIES FOR THE 1999 YEAR RESOLUTION NO. 98 -213 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION DECLARING THAT THE CITY DOES NOT WAIVE THE STATUTORY LIMIT ON MUNICIPAL TORT LIABILITY FOR THE PURPOSE OF RENEWING INSURANCE POLICIES FOR THE 1999 YEAR The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 6e. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1998 -12, CONTRACT 1998 -0, LANDSCAPE NODES UPGRADE RESOLUTION NO. 98 -214 Councilmember Carmody introduced the following resolution and moved its adoption: 12/14/98 -5- DRAFT RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1998 -12, CONTRACT 1998 -0, LANDSCAPE NODES UPGRADE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 6f. RESOLUTION APPROVING CHANGE ORDER NO. 1, AND SUPPLEMENTAL AGREEMENT NO. 1, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1998 -26, CONTRACT 1998 -G, RELOCATION OF 16" WATER MAIN AND APPURTENANCES AT WEST FIRE STATION RESOLUTION NO. 98 -215 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDERNO.1, AND SUPPLEMENTAL AGREEMENT NO. 1, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1998-26, CONTRACT 1998 -G, RELOCATION OF 16" WATER MAIN AND APPURTENANCES AT WEST FIRE STATION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. E AND UTILITY EASEMENT - 6g. AN ORDINANCE VACATING A DRAINAGE G REGAL ROAD DEVELOPMENT SECOND ADDITION A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve first reading of an ordinance vacating a drainage and utility easement - REGAL ROAD DEVELOPMENT SECOND ADDITION and set January 11, 1999, for public hearing and second reading. Motion passed unanimously. 6h. AN ORDINANCE VACATING EASEMENTS FOR STREET PURPOSES - BROOKLYN CENTER POLICE STATION WEST A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve first reading of an ordinance vacating easements for street purposes - BROOKLYN CENTER POLICE STATION WEST and set January 11, 1999, for public hearing and second reading. Motion passed unanimously. 12/14/98 -6- DRAFT 6i. RESOLUTION APPROVING CHANGE ORDER NO. 1, CHANGE ORDER NO. 2, ACCEPTING `YORK PERFORMED AND AUTHORIZING FINAL • PAYMENT, MISCELLANEOUS SIDEWALK REMOVAL, REPLACEMENT AND INSTALLATION, IMPROVEMENT PROJECT NO. 1997 -16, CONTRACT 1997 -K RESOLIITMN NO, 98 -216 Councilmember Carmody introduced the followin resolution and moved its adoption: g P RESOLUTION APPROVING CHANGE ORDER NO. 1, CHANGE ORDER NO. 2, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, MISCELLANEOUS SIDEWALK REMOVAL, REPLACEMENT AND INSTALLATION, IMPROVEMENT PROJECT NO. 1997 -16, CONTRACT 1997 -K The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 6 .l• APPROVAL OF MINNESOTA AUTO THEFT PREVENTION GRANT APPLICATION A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve the application for the Minnesota Auto Theft Prevention Grant. Motion passed unanimously. • 7. PUBLIC HEARINGS 7a• 1999 -2003 CAPITAL IMPROVEMENT PROGRAINI 1. RESOLUTION APPROVING 1999 -2003 CAPITAL IMPROVEMENT PROGRAM Mr. McCauley discussed that the Capital Improvement Program (CIP) includes all capital projects to be undertaken by the City except some projects at the Earle Brown Heritage Center (EBHC), which are detailed in a separate CIP. Public Works Director Diane Spector gave an overview of the CIP and asked the Council if they had any questions before opening the Public Hearing. Councilmember Hilstrom asked when the Council would have a report on the Brooklyn Boulevard project and when this project is expected to be completed. Ms. Spector responded that a status report will be given at the January 11, 1999, City Council meeting and that the ro'ect is anticipated to be P J P started in 2000 and will not be completed until 2002. 12/14/98 -7- DRAFT A motion by Councilmember Carmody, seconded by Councilmember Hilstrom to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Carmody, seconded by Councilmember Lasman to close the Public Hearing. Motion passed unanimously. RESOI.IJTION NO. 98-217 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING 1999 -2003 CAPITAL IMPROVEMENT PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 7b. CONSIDERATION OF 1999 BUDGET 1. APPROVE TAX LEVIES a. Resolution Approving a Final Tax Capacity Levy for the Purpose of Defraying the Cost of Operation, Providing Informational Service, and Relocation Assistance Pursuant to the Provisions of MSA 469.001 Through 469.047 of the Housing and Redevelopment • Authority of the City of Brooklyn Center for the Year 1999 Mr. McCauley requested discussion of the two proposed tax levies first and then discussion of the proposed fund budgets before opening the Public Hearing. It was noted that the two tax levies would be approved under one motion and the resolutions for the proposed fund budgets would also be approved under one motion. Mr. McCauley gave an overview of the proposed revenues and expenditures. The revenues had increased 2.41% with a total for 1999 of $317,350. The rate increase is not sufficient to keep up with the increased costs of personnel over time. Personnel costs represent 62.42% of the 1999 General Fund Budget. Real estate taxes account for 56% of the General Fund revenues, and Intergovernmental revenues, primarily form the State of Minnesota, are increasing only 1.06% over 1998. The State increased the costs of pension contributions in 1998, but only funded the resulting increase at the 1998 levels. The increased pension costs as salaries rise are solely the burden of the City. Permit fees and miscellaneous taxes, comprised primarily of lodging taxes, account for the only other significant increase in revenues. 12/14/98 -8- DRAFT The 1997 State Legislature instituted changes in the real estate tax system. For taxes payable in 1999, lower class rates will be in effect for commercial, industrial, and apartment properties. These class rate reductions have the impact of shifting some of the tax costs to single family residential properties. Mr. McCauley reviewed the tax capacity and market values comparing 1996, 1997, 1998 and 1999. Councilmember Hilstrom asked why the expenditures exceeded the proposed revenues relating to the tax increment financing district 2. Mr. McCauley responded that tax increment financing district 2 had a shortfall that tributed to the decrease in class rates for commercial industrial property. This district previously had a positive cash flow until the Legislature reduced the class rates for commercial industrial property. Mr. McCauley advised that he recently received an analysis from Springsted regarding projected tax increment financing revenues and expenditures for all three districts. The delay in receiving information results from the fact that Hennepin County does not have final numbers until December. This matter will be brought back to the Council with proposed methods of addressing the shortfall in tax increment financing district 2, which options could include using excess revenues from tax increment financing district 3. A motion by Councilmember Hilstrom, seconded by Councilmember Carmody to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Carmody, seconded by Councilmember Hilstrom to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 98 -218 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING A FINAL TAX CAPACITY LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PROVIDING INFORMATIONAL SERVICE, AND RELOCATION ASSISTANCE PURSUANT TO THE PROVISIONS OF MSA 469.001 THROUGH 469.047 OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER FOR THE YEAR 1999 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. b. Resolution to Authorize a Final Tax Levy for 1999 Appropriations for the General Fund, the Debt Service Funds, the E.D.A. Fund, and the H.R.A. Fund Budgets 12/14/98 -9- DRAFT RESOLUTION NO. 98 -219 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION TO AUTHORIZE A FINAL TAX LEVY FOR 1999 APPROPRIATIONS FOR THE GENERAL FUND, THE DEBT SERVICE FUNDS, THE E.D.A. FUND, AND THE H.R.A. FUND BUDGETS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 2. ADOPT PROPOSED FUND BUDGETS a. Resolution to Adopt the 1999 Proposed Budget for the General Fund b. Resolution to Adopt the 1999 Proposed Budgets for the Special Revenue Funds C. Resolution to Adopt the 1999 Proposed Budgets for the Capital Projects Fund d. Resolution to Adopt the 1999 Proposed Budgets for the Enterprise Funds e. Resolution to Adopt the 1999 Proposed Budgets for the Internal Service Funds RESOLUTION NO. 98 -220 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION TO ADOPT THE 1999 PROPOSED BUDGET FOR THE GENERAL FUND The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. RESOLUTION NO. 98 -221 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION TO ADOPT THE 1999 PROPOSED BUDGETS FOR THE SPECIAL REVENUE FUNDS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 12/14/98 -10- DRAFT RESOLUTION NO. 98 -222 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION TO ADOPT THE 1999 PROPOSED BUDGETS FOR THE CAPITAL PROJECTS FUND The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. RESOLUTION NO. 98 -223 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION TO ADOPT THE 1999 PROPOSED BUDGETS FOR THE ENTERPRISE FUNDS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. RESOLUTION NO. 98 -224 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION TO ADOPT THE 1999 PROPOSED BUDGETS FOR THE INTERNAL SERVICE FUNDS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 8. PLANNING COMMISSION ITEMS 8a. PLANNING COMMISSION APPLICATION NO. 98027 SUBMITTED BY WILLIAM VETTER AND ROBERT PETERSON. REQUEST FOR A VARIANCE TO ALLOW A METES AND BOUNDS DIVISION OF PROPERTY. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS DECEMBER 3, 1998, MEETING. Mr. McCauley discussed Planning Commission Application No. 98027 submitted by William Vetter and Robert Peterson requesting a variance to allow a metes and bounds division of property. The Planning Commission recommended approval of this application at its December 3, 1998, meeting subject to the following conditions: 12/14/98 -11- DRAFT 1. The ley (yal descriptions and survey showing the division of Lot 3, Block 1, Bing's Addition No. 2 shall be filed with Hennepin County. 2. Once these legal descriptions have been established, the City Assessor is authorized to allow the combination of the divided property to the adjacent Lot 2 and Lot 4, Bing's Addition No. 2 for tax purposes. A motion by Councilmember Hilstrom, seconded by Councilmember Carmody to approve Planning Commission Application 98027 subject to the above listed conditions. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. UPDATE ON 69TH AVENUE PROJECT Mr. McCauley reported to the Council that there are two residential properties on the 69th Avenue project that have not been acquired or optioned by the developer. The change since the last report is a tentative agreement for one additional house. Two commercial properties also have not been optioned. Council discussed the progress of the development and what the Developer David Nelson will need to provide by December 31, 1998. Council further discussed what will happen if Mr. Nelson does not comply with the agreement. This item will be on the January 11, 1999, agenda for Council consideration. 9b. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE BROOKLYN CENTER WOMEN'S CLUB IN SUPPORT OF THE ANNUAL KID'S SHOPPING KORNER ACTIVITY Mr. McCauley discussed this resolution was to express appreciation to the Brooklyn Center Women's Club who presented to the City a donation of three hundred dollars and has designated that it be used for the Kid's Shopping Korner activity. RESOLUTION NO. 98 -225 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE BROOKLYN CENTER WOMEN'S CLUB IN SUPPORT OF THE ANNUAL KID'S SHOPPING KORNER ACTIVITY The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 12;14/98 -12- DRAFT 9c. PROPOSED 1999 CITY COUNCIL MEETING SCHEDULE Mr. McCauley requested modifying the proposed 1999 City Council meeting schedule to reflect that the January 11, 1999, City Council meeting would not have an Open Forum. A reception for departing Councilmember Kathleen Carmody and new Councilmember Ed Nelson will be held at 6:40 P.M. in lieu of Open Forum. A motion by Councilmember Carmody, seconded by Councilmember Hilstrom to approve the 1999 City Council Meeting Schedule as amended. Motion passed unanimously. 9d. PARK AND RECREATION COMMISSION REPORT ON COMMUNITY MEETINGS REGARDING PARK IMPROVEMENTS Mr. McCauley reported that the Brooklyn Center Park and Recreation Commission prepared a report on Community Meetings Regarding Park Improvements. Included in the report is a brief introduction, an individual meeting summary and the Commission's final recommendations that were developed earlier this month. Mr. McCauley highlighted the recommendations from the report which included: * The revised parks classification system is consistent with the current recreational needs of the community. • * The current five year plan for park improvements recognizes the need to provide well maintained facilities and is consistent with the identified needs related to park amenities. * The capital improvements plan should be re- evaluated on a regular basis to assure it continues to reflect the current needs. A motion by Councilmember Hilstrom, seconded by Councilmember Carmody to receive the report on Community Meetings Regarding Park Tmprovements. Motion passed unanimously. It was noted that these improvements will be incorporated into the next budget cycle. 9e. PROPOSAL FROM BROOKLYN CENTER HIGH SCHOOL REGARDING FIREHOUSE PARK Mr. McCauley reported staff was approached by representatives of the Brooklyn Center School District regarding a proposal to add softball facilities at Firehouse Park for girl's softball. Construction of the softball facilities would be at the school district's expense. The request also asks for the City to jointly participate in the basketball court relocation. 12 / 14/98 -1,- DRAFT Council discussed the proposal and if the new softball facilities would be for the school district uses only. The new softball facilities would be a used by the school district during the girl's season and would be for City use during the balance of the year. The maintenance of this facility would primarily be the City's responsibility. Councilmember Hilstrom was in favor of relocating the basketball court, however, expressed concern about one of the locations proposed. It was the consensus of the Council that the relocation of the basketball court should take the location of houses into consideration. Public Works Director Diane Spector advised that the Public Works Department planned to seek neighborhood input on the location for the basketball court. A motion by Councilmember Carmody, seconded by Councilmember Lasman to direct staff to work with the school district to prepare an agreement regarding the improvements, cost sharing, and maintenance responsibilities. Motion passed unanimously. 9f. APPROVAL OF APPLICATION FOR EXEMPT PERMIT FROM EVERGREEN PARK ELEMENTARY PTO FOR AN EVENT TO BE HELD JANUARY 22,1999 Mr. McCauley stated this application was for approval of an exempt permit from Evergreen Park Elementary PTO for an event to be held January 22, 1999. Councilmember Carmody stated that she would not participate in discussion or vote because of her position on the PTO. A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve application for exempt permit from Evergreen Park Elementary PTO. Motion passed with Councilmember Carmody abstaining. 9g. AN ORDINANCE AMENDING SECTIONS 25-501,25-1003,25-1006,25-1010, AND 25 -1015 OF THE BROOKLYN CENTER ORDINANCES 1. RESOLUTION ADOPTING RIGHT -OF -WAY PERMIT FEE AND RESTORATION BOND RATE SCHEDULE Mr. McCauley stated this ordinance is to keep the City's ordinances up -to -date. A motion by Councilmember Hilstrom, seconded by Councilmember Carmody to approve first reading and set January 11, 1999, for second reading and public hearing. Motion passed unanimously. It was noted that a resolution was prepared to adopt permit fees and restoration bond amounts for the work done within the right -of -way for collector /arterial streets and other streets. 12/14/98 -14- DRAFT RESOLUTION NO. 98 -226 • Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION ADOPTING RIGHT -OF -WAY PERMIT FEE AND RESTORATION BOND RATESCHEDULE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 9h. RESOLUTION RELATING TO FEES FOR PAWNBROKERS AND SECONDHAND GOODS DEALERS LICENSES AND INVESTIGATIONS THEREOF; REPEALING RESOLUTION NO. 92 -15 Mr. McCauley discussed that this resolution amends Resolution No. 92 -15 and sets the fee for secondhand goods dealers to be $750 per year, plus $1.50 per transaction. Dan Kealey from Disc Go Round addressed the Council regarding the proposed resolution. Mr. Kealey wanted to verify from the Council that it was correct that he would be charged $750 per year, plus only $1.50 per transaction. Council discussed the items that need to be reported for the $1.50 per transaction fee. After further discussion Councilmember Hilstrom asked if the language in the resolution could be changed to add the word reportable to the $1.50 per transaction fee. RESOLUTION NO. 98 -227 Councilmember Carmody introduced the following resolution with inclusion of the word "reportable" being added to the $1.50 per transacation fee and moved its adoption: RESOLUTION RELATING TO FEES FOR PAWNBROKERS AND SECONDHAND GOODS DEALERS LICENSES AND INVESTIGATIONS THEREOF; REPEALING RESOLUTION NO. 92 -15 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom as amended. Motion passed unanimously. 9i. AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINAiNCES RELATING TO PAYMENT BY PAWNBROKERS AND SECONDHAND GOODS DEALERS FOR ITEMS PLEDGED AND LOCATION OF PAWNBROKERS 12/14/98 -15- DRAFT Mr. McCauley requested this item be tabled to the January 11, 1999, meeting because the City Attorney had advised that another section needs to be amended also to accomplish the reommendation of the Planning Commission on distances. A motion by Councilmember Lasman, second by Councilmember Carmody to table an ordinance amending chapter 23 of the City ordinances relating to payment by pawnbrokers and secondhand goods dealers for items pledged and location of pawnbrokers to the January 11, 1999, meeting. Motion passed unanimously. 9j. RESOLUTION AMENDING THE SCHEDULE FOR BUILDING PERMIT FEES Mr. McCauley advised that the State of Minnesota has adopted the version of the Uniform Building Code. This resolution would amend the fees to confirm to the new State building code. RESOLUTION NO. 98 -228 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE SCHEDULE FOR BUILDING PERMIT FEES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 9k. AN ORDINANCE AMENDING CHAPTER 3 OF THE CITY ORDINANCES REGARDING THE MINNESOTA STATE BUILDING CODE Mr. McCauley discussed that the specific apendices will be added to the ordinance for the second reading and that this ordinance was offered tonight for first reading and to set public hearing and second reading for January 11, 1999. A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve first reading of an ordinance amending Chapter 3 of the City Ordinances regarding the Minnesota State Building Code and set January 11, 1999, for public hearing and second reading. Motion passed unanimously. 91. AN ORDINANCE AMENDING CHAPTER 7 OF THE CITY ORDINANCES RELATING TO STORAGE OF REFUSE CONTAINERS Mr. McCauley discussed this ordinance is amending Chapter 7 of the City Ordinances relating to the storage of refuse containers in front of homes and is offered tonight for first reading and to set second reading and public hearing for January 11, 1999. 12/14/98 -16- DRAFT This ordinance recommendation reflects the suggestions of the neighborhood liasion. A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to approve first reading of an ordinance amending Chapter 7 of the City Ordinances relating to storage of refuse containers and set January 11, 1999, for public hearing and second reading. Motion passed unanimously. 9m. RESOLUTIONS APPROVING BID PACKAGES FOR EARLE BROWN HERITAGE CENTER BUILDING ADDITIONS AND RENOVATIONS Mr. McCauley discussed bids were received for the expansion of the Earle Brown Heritage Center and recommended the Council authorize to enter into agreements with the thirteen recommended low bidders. RESOLUTION NO. 98 -229 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR BID DIVISION 3031 - EB: BUILDING AND SITE CONCRETE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. RESOLUTION NO. 98 -230 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR BID DIVISION 3061 - EB: CARPENTRY AND DEMOLITION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. RESOLUTION NO. 98 -231 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR BID DIVISION 3071 - EB: EPDM AND METAL ROOFING 12/14/98 -17- DRAFT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously, RESOLUTION NO. 98 -232 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDNG CONTRACT FOR BID DIVISION 3081 - EB: ALUMINUM, GLASS AND GLAZING The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. RESOLUTION NO. 98 -233 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR BID DIVISION 3082 - EB: HOLLOW METAL, WOOD DOOR AND HARDWARE - SUPPLE' The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. RESOLUTION NO. 98 -234 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR BID DIVISION 3091A- EB: CARPET AND RESILIENT FLOORING The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. RESOLUTION NO. 98 -235 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR BID DIVISION 3091B- ED: HARD TILE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 12/14/98 -18 DRAFT RESOLUTION NO. 98 -236 • Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTI T ON ACCEPTING BID AND AWARDING ONTRACT FOR BID DIVISION SION 3092 - EB: ACOUSTICAL CEILINGS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. RESOLUTION NO. 98 -237 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR BID DIVISION 3093 - EB: PAINTING The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. RESOLUTION NO. 98 -238 ® Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR BID DIVISION 3101 - EB: OPERABLE FOLDING PARTITIONS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. RESOLUTION NO. 99-239 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR BID DIVISION '), 15 1- EB: PLUMBING AND HVAC The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 12/14/98 -19- DRAFT RESOLUTION NO. 98 -240 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR BID DIVISION 3152 - EB: FIRE PROTECTION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. RESOLUTION NO. 98 -241 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR BID DIVISION 3161 - EB: ELECTRICAL The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 9n. MAYORAL APPOINTMENT TO HOUSING COMMISSION Mayor Kragness requested ratification from the Council of her nomination of Mary Hurkman, 5113 Howe Lane, to the Housing Commission. Councilmember Carmody stated that she objects to Ms. Hurkman due to a conflict of interest in Ms. Hurkman's employment with Community Action of Suburban Hennepin. Mayor Kragness indicated that she had discussed potential conflict of interest due to Ms. Hurkman's employment with Community Action Suburban Hennepin County and been advised by Ms. Hurkman that she may be changing jobs in the very near future. Additionally, Mayor Kragness responded that based on her conversation with Ms. Hurkman she did not feel that there would be a conflict of interest between serving on the Housing Commission, where she would be one of several Housing Commissioners and Ms. Hurkman's employment. Mayor Kragness stated that it was important to have a number of view points on the Housing Commission and that Ms. Hurkman as a resident of Brooklyn Center with experience in rental housing would provide that perspective and balance. There was a motion by Councilmember Hilstrom to ratify the Mayor's nomination of Mary Hurkman to the Housing Commission. The motion died for lack of a second. Mayor Kragness then requested ratification from the Council of Muhammed Okoya - Lawal, 6910 Humboldt Avenue North, #311, to the Housing Commission. 12/14/98 -20- DRAFT A motion by Councilmember Carmody, seconded by Councilmember Lasman to ratify the Mayor's . nomination of Muhammed Okoya -Lawal to the Housing Commission with term expiring December 31, 1999. Motion passed unanimously. 90. RESOLUTION ACCEPTING BIDS, AND AWARDING CONTRACTS FOR POLICE STATION IMPROVEMENT PROJECT NO. 1998 -09, CONSTRUCTION OF NEW WEST FIRE STATION 1998 -10 AND EAST FIRE STATION REMODELING NO. 1998 -11 Mr. McCauley discussed that this resolution was to award contracts for work at the East and new West Fire Stations. RESOLUTION NO. 98 -242 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BIDS, AND AWARDING CONTRACTS FOR POLICE STATION IMPROVEMENT PROJECT NO. 1998 -09, CONSTRUCTION OF NEW WEST FIRE STATION 1998 -10 AND EAST FIRE STATION REMODELING NO. 1998 -11 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. • 9p. RESOLUTION SETTING SALARIES AND BENEFITS FOR THE CALENDAR YEAR 1999 Mr. McCauley discussed the proposed pay plan and informed the Council that there is no contract with the Police Officers at this time. Negotiations are in process. RESOLUTION NO. 98 -243 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION SETTING SALARIES AND BENEFITS FOR THE CALENDAR YEAR 1999 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 12/14/98 -21- DRAFT 9q. REPORT ON COMMUNITY DEVELOPMENT BLOCK GRANT HOME REHABILITATION LOAN OPTIONS Mr. McCauley reported that staff investigated the use of Community Development Block Grant and whether there would be any CDBG eligible ways to approach targeted rehabilitation. The options for use of CDBG money are the current fix -up loan program, a policy change to use those monies for social programs or for 53rd Avenue or another similar project. Community Development Specialist Tom Bublitz met with both the Hennepin County Office of Planning and Development and the Greater Minneapolis Metropolitan Housing Corporation's Northwest Housing Resource Center to discuss options for housing rehabilitation in the City of Brooklyn Center. Mr. McCauley discussed the summary of those meetings. An option of focusing on rehabilitation would be to do a one year concerted effort at targeting a specific portion of the southeast portion of the city using the Great Minneapolis Metropolitan Housing Corporation ( GMMHC) and its resources. Mr. Bublitz also suggested targeting a specific area. Mr. McCauley suggested ask the GMMHC what it could do on a targeted basis. Staff would then report back to the Council. The Council discussed scattered site acquisitions. The amount of money allocated to rehabilitation loans would allow for one acquisition every two years. The lack of impact from scattered site acquisitions was why the Council chose to pursue the 53rd Avenue project to have a definite impact from a project. Scattered site acquisitions also requires repayment of land value after its re -sale. A motion by Councilmember Carmody, seconded by Councilmember Peppe to pursue the concept of a targeted marketing effort and prepare a formal program for consideration by the Council. Motion passed unanimously. 9r. RESOLUTION AUTHORIZING ADDENDUM TO EMPLOYMENT CONTRACT WITH CITY MANAGER RESOLUTION NO. 98 -244 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ADDENDUM TO EMPLOYMENT CONTRACT WITH CITY MANAGER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 12/14/98 -22- DRAFT • 9. ADJOURNMENT A motion by Councilmember Carmody, seconded by Councilmember Lasman to adjourn the meeting at 9:17 p.m. Motion passed unanimously. City Clerk Mayor 12/14/98 -23- 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 SPECIAL WORK SESSION DECEMBER 17, 1998 CITY HALL CONFERENCE ROOM B CALL TO ORDER The Brooklyn Center City Council met for a Special Work Session at Brooklyn Center City Hall and was called to order by Mayor Myrna Kragness at 6:35 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Robert Peppe and Councilmember Elect Ed Nelson. Councilmember Hilstrom was delayed due to a school program. Also present: City Manager Michael J. McCauley and Assistant City Manager/HR Director Jane Chambers. CONFERENCE FOR NEWLY ELECTED OFFICIALS The League of Minnesota Cities newly elected officials training was discussed. Mr. Nelson selected to attend the newly elected official training on January 22 and 23, 1999, in St. Paul, Minnesota. i POTENTIAL DATES FOR COUNCIL RETREAT AND COUNCIL GOALS Council discussed potential dates for Council retreats and set February 25, 1999, beginning at 1:30 p.m. at the Earle Brown Heritage Center. The City Council and Mr. McCauley reviewed each of the goals 1 through 8 that the Council had previously adopted. Mr. McCauley then reviewed Council procedures including the open meeting law, data practices law and the procedures that City Council Members are to use for putting ideas on work session agendas or other appropriate regular meeting agendas. The date for the swearing in of Councilmember Elect Ed Nelson was set for January 11, 1999, with a reception proceeding the meeting. ADJOURNMENT The special work session adjourned to the joint City Council/Planning Commission meeting at 7:30 p.m. in the Council Chambers and was conducted by the Commission Chair. Minutes for this meeting were taken by the Planning Commission Secretary and will be submitted as such. City Clerk Mayor 12/17/98 -1- DRAFT City Council Agenda Item No. 6b • • City of Brooklyn Center A great place to start. A great place to stay. ® MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Administrative Technician DATE: January 6, 1999 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 January 11, 1999: BOWLING ALLEY Beacon Bowl 6525 Lyndale Avenue North GASOLINE SERVICE STATION Holiday Stationstore #292 420 66th Avenue North Humboldt Unocal 76 6840 Humboldt Avenue North Mobil #504 6849 Brooklyn Boulevard Osseo - Brooklyn Bus Company 4435 68th Avenue North R & R Express Mart 1 505 69th Avenue North Terry Presler Amoco 6044 Brooklyn Boulevard U.S. West 6540 Shingle Creek Parkway MECHANICAL SYSTEMS Architect Mechanical 3323 Skycroft Drive, Minneapolis PUBLIC DANCE AMF Earle Brown Lanes 6440 James Circle RENTAL DWELLING Initial: Daniel Soffa 3606 58th Avenue North Daniel Soffa 5809 Brooklyn Boulevard Daniel Soffa 5801 Brooklyn Boulevard Laurie Nelson 7024 Fremont Avenue North Patricia Johnson 5707 Emerson Avenue North • Randall Cook 5347 Brooklyn Boulevard 6301 Shingle Creek Pkwy, Brooklyn Center, L IN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action I Equal Opportunities Employer Page 2 Licenses for Council Approval January 11, 1999 Renewal: George Hanson 1510 69th Avenue North Henry Johnson 6736 Scott Avenue North Orval and Marya Hage 7215 Girard Avenue North Richard Olson 5818 Humboldt Avenue North William Washington 5239 -41 Drew Avenue North TAXICAB Town Taxi, 492 7000 57th Avenue North, Crystal TOBACCO RELATED PRODUCT AMF Earle Brown Lanes 6440 James Circle Applebee's 1347 Brookdale Center Brooklyn Center Municipal #2 6250 Brooklyn Boulevard Drug Emporium 5900 Shingle Creek Parkway Holi Deli Commissary #610 Citywide Holiday Stationstore #292 420 66th Avenue North Mobil 9504 6849 Brooklyn Boulevard R & R Express Mart 1505 69th Avenue North SuperAmerica #4160 6545 West River Road T.G.I. Friday's 2590 Freeway Boulevard Terry Presler Amoco 6044 Brooklyn Boulevard Tobacco Warehouse, Inc. 6014 Shingle Creek Parkway Walgreen Company 6390 Brooklyn Boulevard �0O CE11 BROOKLYN CENTER =Y POLICE DEPARTMENT POLICE MEMORANDUM TO: Michael McCauley, City Manager FROM: Joel Downer, Chief of Police DATE: January 6, 1999 SUBJECT: Renewal Application For A Minnesota Lawful Gambling License (Pull Tab Machine) - Brooklyn Center Fire Dept Relief Association On December 30, 1998, the Brooklyn Center Police Department received a Premises Permit Renewal Application for a Minnesota Lawful Gambling License to operate a pull tab machine from the Brooklyn Center Fire Department Relief Association. This renewal application is to operate one pull tab machine at the ^ Duoos Brothers Legion Post #6� 0 located at 4- ) 07 70th Avenue North. • g ** The State Gambling Control Board requires a city council resolution approving the issuance of the license in order for them to take any action on the license. As such, if the license is approved, a certified conv of the resolution must be returned to us. All necessary background checks have been completed by the police department. There was nothing found that would preclude the above from being issued a Minnesota Lawful Gambling License. Per this memo, I am requesting that this item be put on the council agenda for consideration. Joei owner Chief of Police JD:kh ® bcfd98.mem Central STATE OF MINNESOTA I FOR BOARD USE ONLY) GAMBLING CONTROL BOARD JAMT PAID PREMISES PERMIT RENEWAL APPLICATION (CHECK NO. L&PPR PRINTED: J DATE LICENSE NUMBER: B- 05236 -001 EFFECTIVE DATE: 04/01/97 EXPIRATION DATE: 03/31/99 NAME OF ORGANIZATION: Fire Brooklyn Center Dept Relief Assoc GAMBLING PREMISES INFORMATION NAME OF ESTABLISHMENT WHERE GAMBLING WILL BE CONDUCTED Am Legion Post 630 4307 70th Ave N Brooklyn Center 55429 COUNTY Hennepin IS THE PREMISES LOCATED WITHIN THE CITY LIMITS ?: Y LESSOR INFORMATION DOES YOUR ORGANIZATION OWN THIS SITE ?: No IF NO, LIST THE LESSOR: Am Legion Post 630 4307 70th Ave N Brooklyn Center MN 55429 NAME OF PROPERTY OWNER (WHEN NOT LESSOR): Duoss Brothe Legion -Post 630 g E FEET PER MONTH: - •-a4 -- �� AMOUNT PAID FOR RENT PER MONTH: ''`00 SRE FEET PER OCCASION: 0 AMOUNT PAID PER OCCASION: 0 BINGO ACTIVITY BINGO IS CONDUCTED ON THIS PREMISES: No IF YES, REFER TO INSTRUCTIONS FOR REQUIRED ATTACHMENT STORAGE ADDRESS 6250 Brooklyn Blvd Brooklyn Center MN 55429 BANK INFORMATION Firstar 5540 Brooklyn Blvd Brooklyn Center MN 55429 GAMBLING BANK ACCOUNT NUMBER: 838302889 ON THE LINES PROVIDED BELOW LIST THE NAME, ADDRESS AND TITLE OF AT LEAST TWO PERSONS AUTHORIZED TO SIGN CHECKS AND MAKE DEPOSITS AND WITHDRAWALS FOR THE GAMBLING ACCOUNT. THE ORGANIZATION'S TREASURER MAY NOT HANDLE GAMBLING FUNDS. M 4,4 74 7 ws , o tj G 9 a?T' t`��IR / L �1/r. Nn• �I�'lh'4 !l. '7 - ,3 a? o MO. FO L4R rt 4 S � . �iE'�`L �n/ C7�2 . /�'I �✓. J�F r Fh y l�^/D t f' �' 0 nJ 5 � 3 0 G! �2.giP t7 f-� ✓�: /✓� . ,CJi2.�� �/,✓ C. . i'YJ .�I. (BE SURE TO COMPLETE THE REVERSE SIDE OF THIS APPLICATION) THIS FORM WILL BE MADE AVAILABLE IN ALTERNATIVE FORMAT (I.E. LARGE PRINT, BRAILLE) UPON REQUEST ACKNOWLEDGMENT GAMBLING PREMISES AUTHORIZATION EREBY GIVE CONSENT TO LOCAL LAW ENFORCEMENT OFFICERS, THE GAMBLING CONTROL BOARD, OR AGENTS THE BOARD, OR THE COMMISSIONER OF REVENUE OR PUBLIC SAFETY, OR AGENTS OF THE COMMISSIONERS, TO ENTER THE PREMISES TO ENFORCE THE LAW. BANK RECORDS INFORMATION THE GAMBLING CONTROL BOARD IS AUTHORIZED TO INSPECT THE BANK RECORDS OF THE GAMBLING ACCOUNT WHENEVER NECESSARY TO FULFILL REQUIREMENTS OF CURRENT GAMBLING RULES AND STATUTES. I DECLARE THAT: I HAVE READ THIS APPLICATION AND ALL INFORMATION SUBMITTED TO THE GAMBLING CONTROL BOARD; ALL INFORMATION IS TRUE, ACCURATE AND COMPLETE;; ALL OTHER REQUIRED INFORMATION HAS BEEN FULLY DISCLOSED; I AM THE CHIEF EXECUTIVE OFFICER OF THE ORGANIZATION; I ASSUME FULL RESPONSIBILITY FOR THE FAIR AND LAWFUL OPERATION OF ALL GAMBLING ACTIVITIES TO BE CONDUCTED; I WILL FAMILIARIZE MYSELF WITH THE LAWS OF MINNESOTA GOVERNING LAWFUL GAMBLING AND RULES OF THE GAMBLING CONTROL BOARD AND AGREE, IF ISSUED A PREMISES PERMIT, TO ABIDE THOSE LAWS AND RULES, INCLUDING AMENDMENTS TO THEM; ANY CHANGES IN APPLICATION INFORMATION WILL BE SUBMITTED TO THE GAMBLING CONTROL BOARD AND LOCAL UNIT OF GOVERNMENT WITHIN TEN DAYS OF THE CHANGE; I UNDERSTAND THAT FAILURE TO PROVIDE REQUIRED INFORMATION OR PROVIDING FALSE OR MISLEADING INFORMATION MAY RESULT IN THE DENIAL OR REVOCATION OF THE PREMISES PERMIT. SIG OF CH F EXECUTIVE OFFICER DATE OVERNMENT ACKNOWLEDGMENT 1. THE CITY* MUST SIGN THIS APPLICATION IF THE GAMBLING PREMISES IS LOCATED WITHIN CITY LIMITS. 2. THE COUNTY ** AND TOWNSHIP ** MUST SIGN THIS APPLICATION IF THE GAMBLING PREMISES IS LOCATED WITHIN A TOWNSHIP. 3. FOR TOWNSHIPS THAT ARE UNORGANIZED OR UNINCORPORATED, THE COUNTY ** IS REQUIRED TO ATTACH A LETTER TO THIS APPLICATION INDICATING THE TOWNSHIPS STATUS. 4. THE LOCAL UNIT OF GOVERNMENT (CITY OR COUNTY) MUST PASS A RESOLUTION SPECIFICALLY APPROVING OR DENYING THIS APPLICATION. 5. A COPY OF THE LOCAL UNIT OF r.01 7ERNMENT'S RESOLUTION APPROVING THIS APPLICATION MUST BE ATTACHED TO THIS APPLICATION. 6. IF THIS APPLICATION IS DENIED BY THE LOCAL UNIT OF GOVERNMENT, IT SHOULD NOT BE SUBMITTED TO THE GAMBLING CONTROL BOARD. TOWNSHIP: BY SIGNATURE BELOW, THE TOWNSHIP ACKNOWLEDGES THAT THE ORGANIZATION IS APPLYING FOR A PREMISES PERMIT WITHIN TOWNSHIP LIMITS. CITY* OR COUNTY ** TOWNSHIP ** CITY OR COUNTY NAME TOWNSHIP NAME Brooklyn Center I Hennepin SIGNATURE OF PERSON RECEIVING APPLICATION SIGNATURE OF PERSON RECEIVING APPLICATION W LE DATE RECEIVED TITLE DATE RECEIVED City Clerk REFER TO THE CHECKLIST FOR REQUIRED ATTACHMENTS MAIL TO: GAMBLING CONTROL BOARD 1711 W COUNTY RD B - SUITE 300 S ROSEVILLE, MN 55113 Member introduced the following resolution and moved its ® adoption: RESOLUTION NO. RESOLUTION AUTHORIZING ISSUANCE OF A LAWFUL GAMBLING LICENSE (RENEWAL) TO THE BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION TO OPERATE A PULL -TAB MACHINE AT THE DUOOS BROTHERS LEGION POST #630 WHEREAS, the Minnesota Charitable Gambling Control Board requires a municipality to submit a resolution authorizing issuance of any lawful gambling license within its borders; and WHEREAS, the City of Brooklyn Center allows for such conduct on premises within the City of Brooklyn Center; and WHEREAS, the Brooklyn Center Fire Department Relief Association has submitted all appropriate fees and necessary documentation for their renewal license and a thorough background investigation has been conducted by the Brooklyn Center Police Department regarding the manager and all named officers and nothing was found in that investigation that would preclude the issuance of a Minnesota Lawful Gambling License; • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the issuance of a lawful gambling license (renewal) to the Brooklyn Center Fire Department Relief Association to operate a pull -tab machine at the Duoos Brothers Legion Post #630 is hereby approved. 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. ACKNOWLEDGMENT GAMBLING PREMISES AUTHORIZATION j o kE REBY GIVE CONSENT TO LOCAL LAW ENFORCEMENT OFFICERS, THE GAMBLING CONTROL BOARD, OR AGENTS IFT HE BOARD, OR THE COMMISSIONER OF REVENUE OR PUBLIC SAFETY, OR AGENTS OF THE COMMISSIONERS, TO ENTER THE PREMISES TO ENFORCE THE LAW. BANK RECORDS INFORMATION THE GAMBLING CONTROL BOARD IS AUTHORIZED TO INSPECT THE BANK RECORDS OF THE GAMBLING ACCOUNT WHENEVER NECESSARY TO FULFILL REQUIREMENTS OF CURRENT GAMBLING RULES AND STATUTES. I DECLARE THAT: I HAVE READ THIS APPLICATION AND ALL INFORMATION SUBMITTED TO THE GAMBLING CONTROL BOARD; ALL INFORMATION IS TRUE, ACCURATE AND COMPLETE;; ALL OTHER REQUIRED INFORMATION HAS BEEN FULLY DISCLOSED; I AM THE CHIEF EXECUTIVE OFFICER OF THE ORGANIZATION; I ASSUME FULL RESPONSIBILITY FOR THE FAIR AND LAWFUL OPERATION OF ALL GAMBLING ACTIVITIES TO BE CONDUCTED; I WILL FAMILIARIZE MYSELF WITH THE LAWS OF MINNESOTA GOVERNING LAWFUL GAMBLING AND RULES OF THE GAMBLING CONTROL BOARD AND AGREE, IF ISSUED A PREMISES PERMIT, TO ABIDE THOSE LAWS AND RULES, INCLUDING AMENDMENTS TO THEM; ANY CHANGES IN APPLICATION INFORMATION WILL BE SUBMITTED TO THE GAMBLING CONTROL BOARD AND LOCAL UNIT OF GOVERNMENT WITHIN TEN DAYS OF THE CHANGE; I UNDERSTAND THAT FAILURE TO PROVIDE REQUIRED INFORMATION OR PROVIDING FALSE OR MISLEADING INFORMATION MAY RESULT IN THE DENIAL OR REVOCATION OF THE PREMISES PERMIT. SIG OF CH F EXECUTIVE OFFICER 1 7 �i ATE W L OVERNMENT ACKNOWLEDGMENT THE CITY* MUST SIGN THIS APPLICATION IF THE GAMBLING PREMISES IS LOCATED WITHIN CITY LIMITS. 2. THE COUNTY ** AND TOWNSHIP ** MUST SIGN THIS APPLICATION IF THE GAMBLING PREMISES IS LOCATED WITHIN A TOWNSHIP. 3. FOR TOWNSHIPS THAT ARE UNORGANIZED OR UNINCORPORATED, THE COUNTY ** IS REQUIRED TO ATTACH A LETTER TO THIS APPLICATION INDICATING THE TOWNSHIPS STATUS. 4. THE LOCAL UNIT OF GOVERNMENT (CITY OR COUNTY) MUST PASS A RESOLUTION SPECIFICALLY APPROVING OR DENYING THIS APPLICATION. S. A COPY OF THE LOCAL U NIT OF GOVERNMENT'S RESOLUTION AP PROVING THIS APPLICATION MUST BE ATTACHED TO THIS APPLICATION. 6. IF THIS APPLICATION IS DENIED BY THE LOCAL UNIT OF GOVERNMENT, IT SHOULD NOT BE SUBMITTED TO THE GAMBLING CONTROL BOARD. TOWNSHIP: BY SIGNATURE BELOW, THE TOWNSHIP ACKNOWLEDGES THAT THE ORGANIZATION IS APPLYING FOR A PREMISES PERMIT WITHIN TOWNSHIP LIMITS. CITY* OR COUNTY ** TOWNSHIP ** CITY CR COUNTY NAME TOWNSHIP NAME Brooklyn Center J Hennepin SIG URE OF PVJON RECEIVING APPLICATION SIGNATURE OF PERSON RECEIVING APPLICATION E DATE RECEIVED I TITLE DATE RECEIVED City Clerk REFER TO THE CHECKLIST FOR REQUIRED ATTACHMENTS MAIL TO: GAMBLING CONTROL BOARD 1711 W COUNTY RD B - SUITE 300 S ROSEVILLE, MN 55113 Central STATE OF MINNESOTA (FOR BOARD USE ONLY GAMBLING CONTROL BOARD I A1 PAID PRF- 1 4ISES PERMIT RENEWAL APPLICATION (CHECK NO. LG214PPR PRINTED: J DATE O NSE NUMBER: B- 05236 -001 EFFECTIVE DATE: 04/01/97 EXPIRATION DATE: 03/31/99 NAME OF ORGANIZATION: Fire Brooklyn Center Dept Relief Assoc GAMBLING PREMISES INFORMATION NAME OF ESTABLISHMENT WHERE GAMBLING WILL BE CONDUCTED Am Legion Post 630 4307 70th Ave N Brooklyn Center 55429 COUNTY Hennepin IS THE PREMISES LOCATED WITHIN THE CITY LIMITS ?: Y LESSOR INFORMATION DOES YOUR ORGANIZATION OWN THIS SITE ?: No IF NO, LIST THE LESSOR: Am Legion Post 630 4307 70th Ave N Brooklyn Center MN 55429 NAME OF PROPERTY OWNER (WHEN NOT LESSOR): Duoss Brothe Legion Post 630 7Q0 SQUARE FEET PER MONTH: AMOUNT PAID FOR RENT PER MONTH: , D u u gdbkzRE FEET PER OCCASION: 0 AMOUNT PAID PER OCCASION: 0 BINGO ACTIVITY BINGO IS CONDUCTED ON THIS PREMISES: No IF YES, REFER TO INSTRUCTIONS FOR REQUIRED ATTACHMENT STORAGE ADDRESS 6250 Brooklyn Blvd Brooklyn Center MN 55429 BANK INFORMATION - -- - Firstar 5540 Brooklyn Blvd Brooklyn Center MN 55429 GAMBLING BANK ACCOUNT NUMBER: 838302889 ON THE LINES PROVIDED BELOW LIST THE NAME, ADDRESS AND TITLE OF AT LEAST TWO PERSONS AUTHORIZED TO SIGN CHECKS AND MAKE DEPOSITS AND WITHDRAWALS FOR THE GAMBLING ACCOUNT. THE ORGANIZATION'S TR 7 URER MAY NOT HANDLE GAMBLING FUNDS. m o i H �C . 1 4,e7Ei✓S*o� L, 9 1'2L I�VZ- /V o. G�?m /72 G� r- ,e G - :T3 a 3 MO. F OvR� N si. ,6.e�� �.✓ c T.e. �'1 i✓. ,l A s s T 4:7 4 /- � �G /)'? l E r "FiC'� y /!vc o n1 .5 7.3 G: �2.9iPt7 fl ✓�: �✓o. r4 �,✓ C.7.2 • /�'7 nJ (BE SURE TO COMPLETE THE REVERSE SIDE OF THIS APPLICATION) THIS FORM WILL BE MADE AVAILABLE IN ALTERNATIVE FORMAT (I.E. LARGE PRINT, BRAILLE) UPON REQUEST City Council Agenda Item No. 6c • BROOKLYN CENTER 0 KIYNCENTF9 POLICE DEPARTMENT POLICE MEMORANDUM TO: Sharon Knutson, City Clerk FROM: Joel Downer, `� -- Chief of Police , DATE: December 16, 1998 SUBJECT: Application for Exempt Permit -LG220 Minneapolis Jewish Day School, Inc. On December 16, 1998, the Brooklyn Center Police Department received an Application for Exempt Permit to conduct a raffle from the Minneapolis Jewish Day School, Inc. This application is for an event to be held at the Earle Brown Heritage Center on March 7, 1999. This application has been approved and returned to the Minneapolis Jewish Day School representative who will forward it to the State Gambling Control Board. If you or any member of the City Council objects to issuing this license, you must notify me within 30 days according to Minnesota State Statute. JD:kh For Board Use Only Minnesota Lawful Gambling Fee Paid Application for Exempt Permit - LG220 C heck No. Initials . Organization Information Received_ /_ /� Organization name _ Previous lawful gambling exemption number ilil1rlZ��_.{ S c �i' (1C�U �C�ICCj __7- . Street City State /Zip Code County I i 55` ! L � fi �1 � �? 1.�. (�t'lj' � L� li� � \ C� . �.t i. �t' ► 0�.' I`-� 4 (1 iti << {J t"�.l J � f`'� �..i ~ e / l (1 c 11 l Y) Name of chief executive officer (CEO)' of organization Daytime phone number of First name Last name Name of teasurer of drganization ) Daytime phone number of First name Last name treasurer: Type of Nonprofit Organization Check the box that best describes your organization: ❑ Fraternal ❑ Religious ❑ Veteran Other nonprofit organization Check the box that indicates the type of proof your organization attached to this application: • ❑ IRS letter indicating income tax exempt status ❑ Certificate of Good Standing from the Minnesota Secretary of State's Office ❑ A charter showing you are an affiliate of a parent nonprofit organization lZi Proof previously submitted and on file with the Gambling Control Board Gambling Premises Information Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) & ie, awn 4Qr)'f uon� ,r Address (do not use PO box) City State/Zip Code County 5543o Re nn• Date(s) of activity (for raffles, indicate the date of the drawiKig) ivkK> ti 7 , 1 Check the box or boxes that indicate the type of gambling activity your organization will be conducting: ❑ - Bingo ❑C Raffles ❑ *Paddlewheels ED ❑ - Tipboards 'Equipment for these activities must be obtained from a licensed distributor. This form will be made available in alternative format (i.e. large print, Braille) upon request. • The information requested on this form will become public information when received by the Board, and will be used to determine your compliance with Minnesota statutes and rules governing lawful gambling activities. Page 1 of 2 7/98 Page 2 of 2 Application for Exempt Permit - LG220 7/98 Organization Name Ai nn2ctn s ' EI G' �h �C SChc, f Local Unit of Government Acknowledgment (Required . by Statute) • If the gambling premises Is within city limits, the If the gambling premises is located In a township, both city;inust sign this application. • the county and i i tow nshp must sign this applica h ra.. must ...... w.... � ca .i On behalf of the city, I acknowledge this application On behalf of the county, I acknowledge this application and three options for the city: and three options for the county: 1. Approve the application: By taking no action, 1. Approve the application: By taking no action, the the city allows the Board to issue a permit after county allows the Board to issue a permit after 30 days. 30 days (60 days for a first class city). 2. Waive the above -noted waiting period: The county allows the Board to issue a permit before 30 days. 2. Waive the above -noted waiting period: The Documentation attached. city allows the Board to issue a permit before 3. Deny the application by passing a resolution within 30 days (60 days for a first class city). Docu- 30 days. mentation attached. Print name of county: 3. Deny the application by passing a resolution within 30 days (6 0 dayG for a first class city). (Signature of county personnel receiving application) Print na of city: T. � 60j? Title Date (Signature of city pers receiving application) On behalf of the township, I acknowledge that the C , Title (' t ley Ic organization is applying for exempted gambling activity within the township limits. Date 12 / 7 /_, A township has no statutory authority to approve or deny an application (Minn. Stat. sec. 349.213, subd. 2). Print name of township: (Signature of township official acknowledging application) Title Date Chief Executive Officer's Signature The information provided in this applic io co lete a curate, the best of my knowledge. C Chief Executive Officer's signature _ Name (please print) r reL Dat Mail Application and Attachment(s) At least 45 days prior to your scheduled activity date send: • the completed application; • a copy of your proof of nonprofit status, and • a $25 application fee (make check payable to "State of Minnesota "). Application fees are not prorated, refundable, or transferable. Send to: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 53113 . If your application has not been acknowledged by the local unit of government, do not send the application to the Gambling Control Board. Application for Exempt Permit - LG220, Information Sheet 7/98 Who may be issued an An exempt permit can be issued to nonprofit organizations conducting lawful gambling activity exempt permit? on five or fewer days, and awarding less than $50,000 in prizes during a calendar year. S Separate applications Complete a separate application for each occasion. An occasion may be either: required 1. One day of gambling activity. • If your organization wants to conduct gambling activity on April 5, May 5, and June 5, you must submit a separate application and fee for each activity date. -OR- 2. Two or more consecutive days of gambling activity. • If your organization wants to conduct gambling on July 3, 4, and 5 at the same site, you may submit only one application and one fee. If you are conducting a raffle, each day a drawing is held constitutes one day of gambling. If drawings are held on more than five days in a calendar year, your organization must obtain an organization license, a gambling manager's license, and a premises permit. How to Obtain a Copy of Proof of Nonprofit Status Minnesota Secretary of Stag IRS Income Tax Exemption _Certificate of Good St anding - Non orofd Articled O bier a natio organization Incorporation If your organization falls under a national organization, Attach a copy of your organization's Certificate of Good attach both of the following: Standing (317A) showing incorporation as a nonprofit 1. a copy of the IRS letter showing that your national organization. organization has been a registered nonprofit 501(c) This certificate can be obtained from the Minnesota organization and carries a group ruling, and 2. a copy of the charter, or letter from your national Secretary of State: organization, recognizing your organization as a Minnesota Secretary of State subordinate. Business Services Division 180 State Office Building Not under a national organization St. Paul, MN 55155 If your organization does not fall under a national organization, attach a copy of the IRS income tax Phone: (651) 296 -2803 exemption [501(c)] letter in the name of your organization, showing income tax exempt status. To obtain a copy of your federal income tax exempt letter, send your federal ID number and the date your organization initially applied for tax exempt status to: IRS P.O. Box 2508 Room 4010 Cincinnati, OH 45201 Phone: (513) 684-3957 Sales tax exempt status or federal ID employer numbers are not proof of income tax exempt status. Financial report and • On the first working day of the month in which your gambling activity is being held, the Gambling recordkeeping required Control Board will send your organization a financial report form and instructions. • Complete and return the financial report form to the Board within 30 days of your date of activity. • Your organization must keep your gambling records for 3 -1/2 years. Questions? Call the Licensing Section of the Gambling Control Board at (651) 639 -4000. If you use a TTY, you can call the Board by using the Minnesota Relay Service at 1 -800- 627 -3529 and ask to place a call to (651) 639 -4000. EXPENDITURES OF GAMBLING FUNDS - EXEMPT AND EXCLUDED ORGANIZATIONS E ' I: ES:AL WED.; All gambling expenditures from your gambling account must be for: • lawful purposes authorized by statute, and • allowable expenses that are directly related to lawful gambling. This chart lists the lawful purpose expenditures (contributions) that are allowed (If you need additional information, the codes, such as A -1, A -2, etc., correspond to language contained in Minnesota Statutes, section 349.12, subd. 25.) A -1 A -2 A -3 - to and by 501(c)(3) organizations relieving the effects of poverty, treatment of: - to and by 501(c)(4) festival homelessness, or physical or - delayed posttraumatic stress organizations mental disability. syndrome - compulsive gambling A4 A -5 A-6 funding a public or private a scholarship fund recognition of humanitarian or nonprofit education institution military service registered with or accredited by Minnesota or any other state A47 A -8 A -9 for activities and facilities payment of local, state, and real estate taxes and benefiting youth under age 21 federal taxes on receipts from assessments on gambling • w w w lawful gambling premises holly owned by th e organization A -10 A -11 .. A -12 - contributions to the United States, to and by a nonprofit one -half of the reasonable state of Minnesota, or any of its organization which is a church costs of a required audit or subdivisions or agencies or or a body of communicants financial review of the instrumentalities (except a direct gambling operation (for contribution to a law enforcement licensed organizations only) or prosecutorial agency) - a fund administered and regulated by a city or county (for lawful purposes) A -13 A -14 A -15 wildlife management project that costs related to grooming and conducting nutritional benefits the public -at- large,. maintaining snowmobile trails programs, food.sheives, and provided that the Department of that are grant -in -aid trails, or congregate dining programs Natural. Resources approves it other trails open to public use, primarily for persons who are before the expenditure is made provided that. the :commissioner age 62 or older or disabled of natural resources has approved the expenditure before it is made. EXPENDITURES OF GAMBLING FUNDS - EXEMPT AND EXCLUDED ORGANIZATIONS .. . These lawful purpose expenditures require prior Gambling Control Board approval. mend tares card ::F::: B -3(i) For costs relating to the erection, acquisition, improvement, LG266 expansion, repair, or maintenance of real property or capital assets that will be used exclusively for lawful purposes and are owned or leased by the organization. B3 -A7 For facilities intended primarily for persons under age 21. LG266 B -3(ii) For costs relating to the repair and maintenance of property LG261 owned or leased by the organization, provided the property will be used extensively as a meeting place or event location by other nonprofit organizations or community or service groups and no rental fee is charged for the use. B- 3(iii) For costs relating to the acquisition or erection of a LG262 comparable building to replace an organization -owned building destroyed or made uninhabitable by fire or natural disaster, provided the expenditure is only for the part of the replacement cost not reimbursed by insurance. B -3(iv) For costs relating to the acquisition or erection of a LG263 comparable building to replace an organization -owned building acquired from the organization by eminent domain, provided the expenditure is only for the part of the replacement cost exceeding the amount received by the organization for the building being replaced. Definition of allowable An allowable expense is the percentage of the total cost incurred expense by your organization in the purchase of any good, service, or other item which corresponds to the proportion of the total actual use of the good, service, or other item that is directly related to the conduct of lawful gambling. Examples An allowable expense could be for gambling equipment such as pull -tabs, bingo paper, raffle tickets, bingo blower, paddlewheel tickets, tipboard games; or for advertising, or any services or goods that are directly related to the conduct of your-gambling. Maximum percentage The maximum percentage of gross profits that your organization allowed may spend on allowable expenses is: • 55 %, for all forms of lawful gambling except bingo 65 % (less tax imposed), for bingo • EXEMPT AND EXCLUDED ORGANIZATIONS :.:: i.i:i .. te::::: >':.::::'. ?<i:: ;::;';;:::... ...._:.. limitations an ex organization cannot exceed a total $50000 total prizes awarded m Raffle prize Ex Organization. t prizes, awarded by d ' a calendar year, including $12,000 cash prizes for a single raffle or for more than one raffle where the drawings are conducted on the same day. _Excluded Organization. The value of all raffle prizes, including donated prizes, awarded by an excluded organization cannot exceed a total of $750 in a calendar year. Ownership and If real or personal property prizes are awarded, you must own or fully.pay for all the real or . value of prizes personal property — without lien or interest of others -- before the drawing to determine the - prize winners. Real and personal property prizes must be valued at the actual market value or the suggested market value, whichever is less. Raffle log book For each raffle, maintain a log book with the following information: required • name of your organization • number of tickets each person sold • total number of tickets printed • number of tickets each person returned • price per ticket unsold • date of the raffle drawing • actual gross proceeds reported by each • names and telephone numbers of all person to whom tickets were given to be persons to whom tickets were given to be sold sold • actual cash received from each person to • number of tickets given to each person to whom tickets were given to be sold sell • cash long or short reported by each • consecutive numbers of the tickets given person to whom tickets were given to be to each person to sell sold Sellers must return Before the drawing, each person who sells. tickets for your organization must return the stubs stubs or other detachable section of all tickets sold, and all unsold tickets. No sales after No tickets may be sold after the first drawing. drawing begins Entry into raffle .:. In order to enter a raffle, no person is required o:. . •..purchase more than one ticket . • pay:for.anything other than the ticket.•.. Ticket price The cost of each ticket must be the same and may not be discounted. For example, a $1 ticket may not be discounted as 6 for $5. .Equal chance Each ticket for entry in a raffle must constitute an equal chance to win in the raffle. to win Use of receptacle • Before drawing, place the stub or detachable section of each ticket sold into a receptacle required from which the winning tickets are drawn. • Be sure the receptacle is designed so that each winning ticket placed in it has an equal chance to be drawn. Attendance A person does not need to be present at a raffle drawing to be eligible for the prize not required drawing.. Raffle date change The Board will approve a drawing date change for two reasons only: needs Board • the weather caused postponements of the event on the day the drawing was to be held approval • not enough tickets were sold to cover the cost of the prizes The Board will not approve a drawing date change because the desired level of profit was not obtained. To obtain Board approval, write a letter to the Board stating the reasons why the raffle date needs to be changed. Send your letter to: Gambling Control Board . Suite 300 South 1711 W. County Road B Roseville, MN 55113 2/98 r: I shared l forms I exraffte. doc RAFFLE TICKET REQUIREMENTS Each raffle ticket must contain: Numbers are sec e� ntiaf - Raffle tickets are sequentially • name of your organization (for exempt organiza- numbered, beginning with the number "l ". tions, list the exempt number obtained from the ,Stubs are d etachable - Each ticket must have a detach - Gambling Control Board for your raffle) able stub with: • time, date, and location of the drawing • a space for the purchasers name, address, and • price of the ticket (all tickets must be sold for the phone number same price and may not be discounted- -for • a duplicate number corresponding to the ticket example, a $1 ticket may not be discounted as 6 number for $5) Combinina raffle with ot purchase - Combining a raffle • all prizes to be awarded with the purchase of another item on the same ticket is not allowed. Purchaser Name, Address, Price of Ticket and Phone Number I Location of Prizes to Drawing I be Awarded I 1 (Name ' $1.00 Address i MAY DAY RAFFL City 1st Prize - $500 Cash 2nd Prize -13 Inch Color N State 3rd Prize -12 Speed Bike Zip Code Aquatore Park - 91st and Central Ave. p Blaine, MN Phone # 1 Sponsored by the Blaine Community Club May 1, 1998 0001 (Exempt Number) 1:00 P.M. 0001 Organization Name Date and Time of (and Exempt Number) Drawing Consecutive Number Matches Consecutive Number Matches Raffle Ticket I Ticket Stub 2198 rlsharedl pagemakiVeneraAexrafl9e. pm5 EXEMPT AND EXCLUDED ORGANIZATIONS »: : INF . . QRAU ON Prizes per bingo occasion may not exceed $2,500, not including cover -all games. If cover -all games are conducted, the total prizes per bingo occasion may not exceed $3,500 (that is, $2,500 plus the cover -all of up to $1,000). Prizes awarded for progressive games are not subject to the limits established for bingo occasions. Type of Game Description Prizes - Single game A bingo game other than a cover- May not exceed $200. all or progressive game. Cover -all game A bingo game where all spaces on May not exceed $1,000 for all cover -all games played during an the bingo face must be covered. occasion. Progressive A game in which the value of the • Up to $2,000. . game prize increases depending upon . May start at up to $300 and increase by up to $100 per whether the prize was won at a occasion. previous occasion. - • Progressive prizes may not exceed $36,000 in any calendar, year. :: Consolation prize • Up to $100 where a progressive game is played and the accumulated prize is not won. • Consolation prizes count toward the occasion limit of $2,500. Gambling equipment not allowed as prize Additional information Prizes may not consist of gambling equipment (such as For additional information, you may wish to obtain a copy of pull -tabs, tipboard tickets, raffle tickets, or the Lawful Gambling Manual, an easy -to -use reference guide paddlewheel tickets), except for coupons to redeem for the conduct of lawful gambling, or a copy of statutes and bingo hard cards or bingo paper. rules that govern lawful gambling. There is a charge for the copies. Contact: Minnesota's Bookstore 117 University Avenue St. Paul, MN 55155 Phone: 1 -800- 657 -3757 or 651- 297 -3000 Bingo prizes - value, ownership : References Donated prizes - Donated bingo prizes must be valued Statutes and rules contain regulatory requirements for the at their fair market value. .Fair market value is what a conduct of bingo. Those references are: willing buyer would pay a willing seller when neither has to buy or sell and both are aware of the conditions Minn. Statutes 349.12 :: Definitions of the sale. Minn. Statutes 349.17 .,...Conduct of Bingo Minn. Statutes 349.18 :_..Premises Used For Gambling Merchandise prizes - Merchandise prizes must be Minn. Statutes 349.19.... Records and Reports valued at their fair market value and cannot be Minn.. Statutes 349.211... Prize Limits redeemed for cash or, converted into cash. Minn. Rules 7861.0010 .. Definitions Ownership - Real or personal property prizes must be Minn. Rules 7861.0060 .. Conduct of Lawful Gambling- . . paid for without. lien. or interest by others prior. to the Minn.: .Rules .7861.0070 .: Bingo occasion. - - Savings bonds Savings bonds must be announced and reported at their purchase price. EXAMPLE- A $50 savings bond would be announced as $25. 7/98 r: lsharedlfornul ezbingo. doc City Council Agenda Item No. 6d • K I-10LYN CENTF9 BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: Sharon Knutson, City Clerk FROM: Joel Downer, Chief of Police DATE: December 10, 1998 SUBJECT: Application for Authorization for an Exemption from Lawful Gambling License (Raffle) Proper Economic Resource Management • On December 10, 1998, the Brooklyn Center Police Department received an Application for Authorization for an Exemption from Lawful Gambling License (Raffle) from the Proper Economic Resource Management. This application is for an event to be held at the Earle Brown Heritage Center on February 27, 1999. This application has been approved and returned to the Proper Economic Resource Management representative who will forward it to the State Gambling Control Board. If you or any member of the City Council objects to issuing this license, you must notify me within 30 days according to Minnesota State Statute. JD:kh perm t.mem LG220 For Board Use Only Rev06198 `"Minnesota Lawful Gambling Application for Authorization for an Fee Paid Exemption from.Lawful Gambling. License Check # Initals Date Recd Organization formation', Organization Name Previous lawful gambling exemption number 3Y 7 cl Street // City State Zip Code Count lurk . 6t o , i n / 1'�?/U 5�`�3 S�Ieoki t n Name of Chief Executive Officer of organization (CEO) Daytime Phone number of CEO First Name Last Name m &I vk Name of Organization Treasurer Da ytime Phone Number of Treasurer First Name:. Last Name . . T of IV v :. e on :r ° f . f:0 a niz ,. YP. A. g at on r Check the box below which best describes Check the box that indicates the type of proof attached to this application your organization by your organization: 0 IRS letter indicating income tax exempt status � Fraternal � Veterans Q Certificate of good standing from the Minnesota Secretary of State's office E� Religious ED A charter showing you're an affiliate of a parent nonprofit organization Other nonprofit OProof previously submitted and on file with the Gambling Control Board Gambling Premises` Information Name of Establishment where gambling activity will be conducted Street City State Zip Code County ZEQ�� k#/- /W 3 Date(s) of activity (for raffles, indicate the date of the drawing) Check the box or boxes which indicate the type of gambling activity your organization will be conducting M 'Bingo �S Raffles F *Paddlewheels F *Pull -tabs 0 *Tipboards *Equipment for these activities must be obtained from a licensed distributor Be sure the Local Unit of Government and the CEO of your organization sign For Board Use Only the reverse side of this application. Date &Initials of Specialist Local,Unit of Govern Ju risdicti on Is this gambling premises located within city limits? ET Yes F No If Yes, write the name of the City City Name R yoo kl FYI V)'l If No, write the name of the County and the-Township: County Name Township Name Check the appropriate status of the Township: F ] organized 0 unorganized Q unincorporated ,.. !,i L . ' 4 ocal Unit Of Government Acknowledgment 1 1. The city must sign this application if the gambling 3. DO NOT submit this application to the Gambling Control premises is within city limits. Board if it is denied by the local unit of government. 2. The county and township must sign this applica- 4. MOTE: A Township may not deny an application. tion if the gambling premises is not within city limits. Upon submission of this application to the Gambling Control Board, the exemption will be issued not more than 30 days (60 days for cities of the 1st class) from the date the local unit of government signed the application, provided the application is complete and all necessary information has been received, unless the local unit of government passes a resolution to specifically prohibit the activity. A copy of that resolution must be received by the Gambling Control Board within 30 days of the date filled in below. Cities of the first class have 60 days in which to disallow the activity. City or County Acknowledgment of Receipt of Township Acknowledgment of Awareness of Application Application Signature o erson receiving application Signature of person acknowledging application Date Received: i�� �Q _ q�.... Date Signed: Title of person receiving application Title of person acknowledging application a 4 th ,of Chef Execu O fficer I have read this application and all information is true, accurate and complete. Date. Submit the application at least 45 days prior to your scheduled date of activity. Be sure to attach the $25 application fee and a copy of your proof of nonprofit status. Mail the complete application and attachments to: Gambling Control Board 1711 W. County Rd B Suite 300S Roseville, MN 55113 This publication will be made available in alternative format (i.e. large print, braille) upon request. Questions on this form should be directed to the Licensing Section of the Gambling Control Board at (612)639 -4000. Hearing impaired individuals using a TDD may call the Minnesota Relay Service at 1- 800 - 627 -3529 in the Greater- MinnesotwArea or 297 -5353 in the Metro Area. The information requested on this form will be used by the Gambling Control Board (GCB) to determine your :.compliance with Minnesota Statues and rules governing lawful gambling activities. All of the information that you supply on this form will become public information when received by the GCB. i City Council Agenda Item No. 6e • N C E�yr 1p11INTEER Brooklyn Center Fire Memorandum FIRE DEPT. TO: Michael McCauley City Manager FROM: Ron Boman Fire Chief *) SUBJECT: Bids on New Salvage Truck DATE: January 5, 1999 On December 30, 1998 we opened bids for the New Salvage truck, this will replace our 20 year old unit. We only received on bid from Custom Fire Apparatus Inc., the bid came in at $203,998 for the replacement unit, we have budgeted $195,000 in the vehicle replacement fund for this vehicle. This make this unit $9,000 over budget. The members of the fire department gambling fund have offered to make up the $9,000 short fall, I am recommending that we accept their offer. The reason this unit is slightly over budget is that members of the truck committee wanted to have some additional equipment installed on the truck that is very useful and nice to have at a fire scene, but also something we could have gotten along without. I discussed with the truck committee members and members of the fire department that I had $195,000 for truck replacement and didn't feel I could justify the additional equipment. The members of the fire department voted to invest up to $10,000 of our gambling money to have the salvage truck delivered as the truck committee wrote the specification for it, I feel this investment is a proper and excellent use of our gambling funds. I sent bids out to the following fire apparatus builders, Emergency One, Pierce Fire Apparatus, Custom Fire apparatus, General Safety Equipment, as well as advertising it in the SUN -POST papers for the required time, but only received one bid. I am recommending we purchase the salvage truck from Custom Fire for the bid price of $203,998 and accept the fire departments gambling fund offer for the additional $9,000 needed for the truck. City Council Agenda Item No. 6f • 1 Office of the City Clerk City of Brooklyn Center A great place to start. A great place to static. i\IEMORANDUTN1 TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: January 6, 1999 SUBJECT: Resolution Designating Official Newspaper Section 12.01 of the Brooklyn Center City Charter requires the City Council to annually designate a legal newspaper of general circulation in the City as its official newspaper. Minnesota Sun Publications has once again requested the Council to designate the Brooklyn Center Sun -Post to be the official newspaper for 1999. The Brooklyn Center Sufi -Post meets all necessary requirements for designation. The attached resolution designates the Brooklyn Center Sun -Post as the official newspaper for the City of Brooklyn Center for the year 1999. Attachments: Resolution Designating Official Newspaper Minnesota Statutes Chapter 331A Minnesota Sun Publications Letter • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DESIGNATING OFFICIAL NEWSPAPER WHEREAS, Section 12.01 of the Brooklyn Center City Charter and Minnesota Statutes Section 412.831 requires the City Council to annually at its first meeting of the year designate a legal newspaper of general circulation in the city as its official newspaper in which shall be published such ordinances and other matters as are required by law to be so published and such other matters as the council may deem it advisable and in the public interest to have published in this manner; and WHEREAS, the Brooklyn Center Sun -Post has previously been so designated; and WHEREAS, the Brooklyn Center Sun -Post meets all necessary requirements for designation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Brooklyn Center Sun -Post is hereby designated as the official newspaper for the City of Brooklyn Center for the year 1999. 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. i ' t 309 NEWSPAPERS 331A-01 CHAPTER 331A i 1 1 ' 4. NEWSPAPERS .I 331A.01 Definitions, 331A.06 Fees for publication. r j 331A.02 Requirements for a qualified 331A.07 Affidavit of publication. newspaper. 331A.OS Computation of time. 331A.03 where notice published. 331A.09 Publication on Sunday. 331A.04 Designation of a newspaper for 331A.10 Change or name or official publications, discontinuance of newspaper. 131A.05 Form of pubhc notices. 331A.11 Applicuion• 331A.01 DEFINITIONS. Subdivision 1. As used in sections 331A.01 to 331A.1 1, the terms defined have the i meanings given them except as otherwise expressly provided or indicated by the con- ; text. Subd. 2, "Known office of issue" means the principal office maintained by the pub- lisher or managing officer during a newspaper's regular business hours to gather news and sell advertisements and subscriptions, whether or not printing or any other opera- ' lions of the newspaper are conducted at or from the office, and devoted primarily to business related to the newspaper. A newspaper may have only one known office of i b� issue. I Subd. 3. "Local public corporation" means a county, municipality, school district, i or any other local political subdivision or local or area district, commission, board, or 1 authority. . I . Subd. 4. "Municipality" means a home rule charter or statutory city or town. I . Subd. S. "Newspaper" means a publication issued regularly by the same person or r corporation, or a successor, whether the name of the publication is the same or differ- I ent. Subd. b. "Proceedings" means the substance of all official actions taken by the gov- erning body of a local public corporation at any regular or special meeting, and at mini- mum includes the subject matter of a motion, the persons making and seconding a motion, the roll call vote on a motion, the character of resolutions or ordinances offered, including a brief description of their subject matter, and whether defeated or ; l adopted. Subd. 7, "Public notice" means every notice required or authorized by law or by order of a court to be published by a qualified newspaper, and includes: (a) every publication of laws, ordinances, resolutions, financial information, and I proceedings intended to give notice in a particular area; (b) every notice and certificate of election, facsimile ballot, notice of referendum,` ;:. notice of public hearing before a governmental body, and notice of meetings of private and public bodies required by law; and 1:! (c) every summons, order, citation, notice of sale or other notice which is intended t to inform a person that the person may or shall do an act or exercise a right within a designated period or upon or by a designated date. 1 1 (d) this subdivision contains no independent requirement for the publication of any public notice. Subd. 8. "Qualified newspaper" means a newspaper which complies with all of the provisions of section 331 A.02. The following terms, when found in laws referring to the publication of a public notice, shall be taken to mean a qualified newspaper. "quali- fied legal newspaper," "legal newspaper," `official newspaper," "newspaper," and "medium of official and legal publication." Subd. 9. "Secondary office" means an office established by a newspaper in a com- munity other than that in which its known office of issue is located, in the same or an adjoining county, to enhance its coverage of and service to that community, open on l 1 1., I ;4 1. 1 331A.01 NEWSPAPERS 310 a regular basis to gather news and sell advertisements and subscriptions, whether or not - printing or any other operations of the newspaper are conducted at or from the office, I and devoted primarily to business related to the newspaper. Subd. 10. "Summary" means an accurate and intelligible abstract or synopsis of the essential elements of proceedings, ordinances, resolutions, and other official actions. It shall be written in a clear and coherent manner, and shall, to the extent possi- ble, avoid the use of technical or legal terms not generally familiar to the public. When a summary is published, the publication shall clearly indicate that the published mate- rial is only a summary and that the full text is available for public inspection at a des- ignated location. A summary published in conformity with this section shall be deemed to fulfill all legal publication requirements as completely as if the entire matter which was summarized had been published. No liability shall be asserted against the local Public corporation in connection with the publication of a summary or agenda. History: 1984 c 54.E s 20; 1986 c 444 i 331A.02 A.02 REQUIREMENTS FOR A QUALIFIED ED NEWSPAP ER. Subdivision 1. Qualification. No newspaper in this state shall be entitled to any compensation or fee for publishing any public notice unless it is qualified as a medium Of official and legal publication. A newspaper that is not qualified must inform a pub- lic body that presents a public notice for publication that it is not qualified. To be ual'- fied as a medium of official and legal publication, a newspaper shall: q t (a) be printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 1,000 square inches; (b) if daily, be distributed at least five days each week, orif not a daily, be distrib- uted at least once each week, for 50 weeks each year. In any week in which a legal holi- day is included, not more than four issues of a daily paper are necessary; (c) in at least half of its Issues each year, have no more than 75 percent of its printed space comprised of advertising material and paid public notices. In all of its issues each year, have 25 percent, if published more often than weekly, or 50 percent, if weekly, of its news columns devoted to news of local interest to the community which It purports to serve. Not more than 25 percent of its total nonadvertising column inches in any issue may wholly duplicate any other publication unless the duplicated material is from recognized general news services; (d) be circulated in the local public corporation which it purports to serve, and either have at least 500 copies regularly delivered to paying subscribers, or have at least 500 copies regularly distributed without charge to local residents; (e) have its known office of issue established in either the county in which ties, in whole or in pan, the local public corporation which the newspaper purports to serve, or in an adjoining county; (f) file a COPY of each issue immediately with the state historical society; (g) be made available at single or subscription prices to any person, corporatio Partnership, or other unincorporated association requesting the newspaper and making - the applicable payment, or be distributed without charge to local residents; (h) have complied with all the foregoing conditions of this subdivision for at least one year immediately preceding the date of the notice publication; and (i) between September I and December 3I of each year publish and submit to the secretary of state, along with a filing fee of $25, a sworn United States Post Office sec- ond -class statement of ownership and circulation or a statement of ownership and cir- culation verified by a recognized independent circulation auditing agency covering a Period of not less than one year ending no earlier than the June 30 preceding the film deadline, provided that a film g July I shall be effective from the date Of filing through D cte ber December of that year. The secretary of state shall make the list of newspapers whose filing e acce s have been accepted • available for public inspection. Thptance of a filing does not constitute a guaran- tee by the state that any other qualification requir0ment has been mct. 311 NEWSPAPERS 331A.03 M Subd. 2. Earlier qualification. Newspapers which have been qualified, on May 20, ® 1965, as mediums of official and legal publication shall remain qualified only if they meet the requirements of subdivision 1, except as follows: "? (a) If on May 20, 1965, any newspaper is a qualified medium of official and legal publication but is printed in a foreign language, or in English and a foreign language, ! '' and otherwise qualifies as a medium of official and legal publication pursuant to the requirements of subdivision 1, it shall be a medium of official and Iegal publication so i long as it otherwise qualifies pursuant to the requirements of subdivision 1. ' ' i l 1 If on May 1 1 (b ) y .0, 965, any newspaper has been circulated in and near the munici- 1; pality which it purports to serve to the extent of at least 240 but less than 500 copies regularly delivered to paying subscribers and otherwise qualifies as a medium of official and legal publication pursuant to the requirements of subdivision 1, it shall be a medium of official and legal publication so long as at least 240 copies are regularly so r ! circulated and delivered and it otherwise qualifies pursuant to the requirements of sub- division 1. Subd. 3. Publication; suspension; changes. The following circumstances shall not affect the qualification of a newspaper, invalidate an otherwise valid publication, or ! f invalidate a designation as official newspaper for publication of county board proceed- { ings. (a) Suspension of publication for a period of not more than three consecutive 1 F months resulting from the destruction of its known office of issue, equipment, or other facility by the elements, unforeseen accident, or acts of God or by reason of a labor dis- pute. (b) The consolidation of one newspaper with another published in the same county, or a change in its name or ownership, or a temporary change in its known office Of issue. (c) Change-of the day of publication, the frequency of publication, or the change (� of the known office of issue from one place to another within the same county. Except ; as provided in this subdivision, suspension of publication, or a change of known office : • l'f of issue from one county to another, or failure to maintain its known office of issue in ? _; the county, shall deprive a newspaper of its standing as a medium of official and legal -1 . publication until the newspaper again becomes qualified pursuant to subdivision 1. ! Subd. 4, Declaratory judgment of legality. An ' $ ga ty. y person interested in the standing as a medium of official and legal publication of a newspaper, may petition the district s court in the county in which the newspaper has its known office of issue for a declara- tory judgment whether the newspaper is qualified as a medium of official and legal pub- lication. Unless filed by the publisher, the petition and summons shall be served on the publisher as in other civil actions. Service in other cases shall be made by publication of the petition and summons once each week for three successive weeks in the news- is paper or newspapers the court may order and upon the persons as the court may direct. Publications made in a newspaper after a judgment that it is qualified but before the judgment is vacated or set aside shall be valid. Except as provided in this subdivision, the Uniform Declaratory Judgments Act and the rules of civil procedure shall apply to the action. F History: 1984 c 543 s 21; 1985 c 174 s 1: ISp1985 c 13 s 315; 1987 c 30 s 1: 1987 c 286 s 1: 1988 c 682 s 42; 1990 c 395 s 1; 1991 c 205 s 17 331A.03 WHERE NOTICE PUBLISHED. Subdivision 1. Generally. Except as provided in subdivision 2, a public notice shalt i be published in a qualified newspaper, and except as otherwise provided by law, in one that is likely to give notice in the affected area or to whom it is directed. When a statute or other law requires publication in a newspaper located in a designated municipality orarea and no qualified newspaper is located there, publication shall be made in a qual- ified newspaper likely to give notice unless the particular statute or law expressly pro- vides otherwise. If no qualified newspaper. exists, then publication is not required. i - r. r 1 � { 1 331A.03 NEWSPAPERS 312 Subd. 2. Exception; certain cities of the fourth class. A public notice required to t be published by a statutory or home rule charter city of the fourth class located in the e ired to be p ub- se ction 473.121 req p e in se t , subdivision 2, is not r metropolitan area defin P i no qualified nondail lished in a qualified newspaper if there s q Y newspaper of general P circulation in the city, provided the notice is printed in a newsletter or similar printed means of giving notice that is prepared by the city and either mailed or delivered to each household in the city. History. 1984 c 543 s 22; 1991 c 53 s I 331A.04 DESIGNATION OF A NEWSPAPER FOR OFFICIAL PUBLICATIONS. Subdivision 1. The governing body of any local public corporation, when autho- rized or required by statute or charter to designate a newspaper for publication of its f official proceedings and public notices, shall designate a newspaper which is a qualified medium of official and legal publication in the following priority. Subd. 2. If there are one or more qualified newspapers, the known office of issue of which are located within the local public corporation, one of them shall be desig- nated. Subd. 3. When no qualified newspaper has a known office of issue located in the local public corporation, but one or more qualified newspapers maintain a secondary r office there, one of them sh all be designated. Subd. 4. When no qualified newspaper has its known office of issue or a second - ary office located within the local public corporation, then a qualified newspaper of gen- eral circulation there shall be designated. Subd. S. If a local public corporation is without an official newspaper, or if the pub- lisher refuses to publish a particular public notice, matters required to be published shall be published in a newspaper designated as provided in subdivision 4. The govern- ing body of a local public corporation with territory in two or more counties may, if deemed in the public interest, designate a separate qualified newspaper for each county. History: 1984 c 543 s 23 331A.0S FORM OF PUBLIC NOTICES. Subdivision 1. All public notices shall be printed or otherwise disseminated in the English language. Subd. 2. Unless otherwise specified by a particular statute, or by order of a court, publication of a public notice shall be as follows: (a) the notice shall be published once; (b) if the notice is intended to inform the public about a future event, the last pub - lication shall occur not more than 14 days and not less than seven days before the event (c) if the notice is intended to inform the public about a past action or event, the last publication shall occur not more than 45 days after occurrence of the action or event. Subd. 3. Except as otherwise directed by a particular statute requiring publication c ice shall be tinted in a type face no smaller than six poin of a public notice, a public not yP P P P with a lower case alphabet of 90 point. Larger type faces may be used. Subd. 4. Every public notice shall include a title or caption in a body type no small er than brevier or eight point referring to the content of the notice. Larger type face: may be used, Subd. 5. The governing body of a local public corporation may, to better inform the public, increase the frequency of publication of a public notice beyond the mini mum required by a particular statute. it may use forms and styles for the notice as i deems appropriate, including the use of display advenisements and graphics. It ma publish or disseminate the notice in other newspapers in addition to the newspape required to be designated under section 331A.04. Regardless of whether a panicula statute spccrfies "legal notice,­ public notice," "notice," or uses similar terms, the goL l INNESOTA SUN PUBLICATIONS Sun- Current Sun -Post Sun -Sailor December 18, 1998 Sharon Knutson City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Ms. K� �ui6onl: The Brooklyn Center Sun -Post would like to be considered for designation as the legal news- paper for the City of Brooklyn Center for the year 1999. Lionheart Newspapers, Inc., new owners of Sun Newspapers, bring a wealth of experience as well as a strong commitment to community newspapers. The first and most obvious improve- ment is the relocation of the corporate office to Eden Prairie (and the Bloomington news office to Glenroy Road) effective December 21 st. We look forward to 1999 being an exciting year full of new opportunities. The rate structure for legal effective January 1, 1999 will be: 1 column width $14.30 per inch for first insertion $ 7.15 per inch for subsequent insertions There are 11 lines per inch. Notarized affidavits on each of your publications will be provided with no additional charge. The deadline for regular length notices is 2:00 pm the Thursdav prior to publication; notices that are six pages or more deadiine an extra 24 hours in advance. If you require more infor- mation to make your decision, please contact myself or Meridel Hedblom, our Legal Representative, at 392 -6880. Thank you for considering the Sun -Post as the official newspaper for the City of Brooklyn Center in 1999. We appreciate the opportunity to serve the needs of your community. Sincer , Frank Chilinski Publisher 7831 East Bush Lake Road - Bloomington, MN 55439 - (612) 896 -4700 City Council Agenda Item No. 6g • • City of Brooklyn Center Office of the City Clerk Agreat place to start. A great place to stay. • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: January 6, 1999 SUBJECT: Resolution Appointing Michael J. McCauley as Director and Jim Glasoe as Alternate Director to the Board of Directors of Hennepin Recycling Group In 1988 the City Council authorized the City of Brooklyn Center to participate in the joint powers group know as the Hennepin Recycling Group, along with the cities of Crystal and New Hope. Article IV, Sections 2 and 3, of the joint powers agreement require the governing body of the City to annually appoint a representative and alternate to the Board of Directors of Hennepin Recycling Group. The attached resolution designates Michael J. McCauley as Director and Jim Glasoe as Alternate Director. • Attachment 6301 Shingle Creek Pkzvy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPOINTING MICHAEL J. MCCAULEY AS DIRECTOR AND JIM GLASOE AS ALTERNATE DIRECTOR TO THE BOARD OF DIRECTORS OF HENNEPIN RECYCLING GROUP WHEREAS, the City Council passed Resolution No. 88 -24 authorizing Brooklyn Center's membership in a joint powers group known as the Hennepin Recycling Group with Crystal and New Hope to implement joint recycling programs; and WHEREAS, the joint powers agreement requires the governing body of the City to annually appoint a representative and alternate to the Board of Directors of Hennepin Recycling Group. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Michael J. McCauley be appointed to represent the City of Brooklyn Center as Director and Jim Glasoe be appointed as Alternate Director of the Board of Directors of Hennepin Recycling Group. 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. 6h MEMORANDUM • TO: Michael J. McCauley, City Manager FROM: Charlie Hansen, Finance Director C N DATE: January 6, 1999 SUBJECT: Resolution Designating Depositories of City Funds In January of each year, the City Council has passed a resolution designating the financial institutions which are authorized as depositories of City funds. Marquette Bank Brookdale is where the City has all of its checking accounts. The first eight institutions listed in section two are where the City has various investment or debt service accounts. No business is currently conducted at Juran & Moody, Inc., but they are listed to provide competitive options for purchasing investments. No business is currently conducted with the last two banks listed in section two, but they are listed because they are local banks and may be used if it is in the City's interest to do so. Requests \depository Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS WHEREAS, Section 7.01 of the City Charter provides the City Council with authority over City funds, including the safekeeping and disbursement of public moneys; and WHEREAS, Section 7.10 of the City Charter provides that City funds shall be disbursed by check bearing the actual or facsimile signature of the city manager and the city treasurer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1. that Marquette Bank Brookdale is hereby designated as the depository of the funds of the City of Brooklyn Center. 2. that the following named banks and brokers are hereby designated additional depositories to be used for investment purposes: Federal Reserve Bank of Minneapolis US Bank, National Association First Trust Bank of St Paul Norwest Bank Minneapolis Firstar Bank of Minnesota Minnesota Municipal Money Market Fund Dain Bosworth Smith Barney Juran & Moody, Inc. Firstar Bank of Brooklyn Center Twin City Federal Savings & Loan Association The city treasurer is authorized to deposit City funds in accounts guaranteed by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation and such additional funds not to exceed the amount of 90% of collateral pledged by the depository to the City, and approved by the City. 3. that Chase Merchant Services, LLC. is hereby designated as the clearinghouse depository for credit card sales of the Liquor Stores. • RESOLUTION NO. 4. that the City Council authorizes the city manager, the city treasurer, or the deputy city treasurer to act for the City in any of its business with the depositories. All checks drawn upon an account of the City shall bear the actual or facsimile signature of the city manager and the city treasurer. 5. that the city manager is Michael J. McCauley, the city treasurer is Charles R. Hansen, and the deputy city treasurer is Timothy R. Johnson. 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. 6i • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Charlie Hansen, Finance Director C (-I DATE: January 6, 1999 SUBJECT: Resolution Setting Special Assessment and Internal Loan Interest Rates for the Year 1999 On May 13, 1996, the City Council adopted by motion a policy recommended to them by the Financial Commission and the staff which established a method for annually setting interest rates for special assessments and internal loans. The policy uses the net interest rate from the City's most recent bond sale and adds another two percent to cover the cost of administration and provide protection from changes in market interest rates over the life of the special assessment. The exception to using our last bond sale would be if we didn't have one in the past year or if interest rates had changed substantially since then. In the case of this year, we did have a bond sale on November 23, 1998 and interest rates haven't changed substantially since then. The attached resolution sets the interest rate at 6.0% for the year 1999. This rate will be used on any special assessments levied during 1999 and means that internal loans will also be charged 6.0 %. We have been using 6.5 % for these purposes in 1998 and 7 % from 1994 through 1997. Member introduced the following resolution and moved its ® adoption: RESOLUTION NO. RESOLUTION SETTING SPECIAL ASSESSMENT AND INTERNAL LOAN INTEREST R ATES FOR THE YEAR 1999 WHEREAS, the City Council adopted by motion a policy on special assessment and internal loan interest rates on May 13, 1996; and WHEREAS, the policy on interest rates calls for the rate to set at the rate from the last bond sale plus 2 %, with the result rounded off to the nearest half percent; and WHEREAS, the City of Brooklyn Center last sold bonds on November 23, 1998 at a net interest cost of 4.0984%. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the annual rate of interest to be charged on special assessments and on loans by the Investment Trust Fund to all other City funds be set at 6.0 %, effective for the year 1999. 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. 6j • • N1EM0RANDUIM DATE: January 4, 1999 TO: Michael J. McCauley, City Manager FROM: Scott Brink, City Engineer SUBJECT: An Ordinance Vacating a Portion of Alley Right of Way Presented tonight for a first reading is an ordinance vacating a portion of alley right of way located within Block 7, LAKEBREEZE ADDITION (see attached map). The alley right of way rums from Lakebreeze Avenue North to the Joslyn Property, between the properties located along Azelia Avenue North and Lakeview Avenue North. Proposed is to vacate the northerly 168.87 feet of the alley. A petition has been received requesting the vacation as shown. Signatures from property owners representing 83.3 per cent of the total alley frontage have signed the petition. The alley is 30 feet in width. If the alley is vacated, it is presumed that 15 feet off either side of the vacated alley would revert, or be dedicated to the adjoining property owner. However, this may require a rD variance to the standard platting requirements as required by City Code. • The entire alley, in its present state, has never been improved or maintained by the City. Some properties on the south end do access garages from the alley right of way. However, vacation of the north 168 feet as proposed would not affect those properties. This particular alley has been presented to the Council previously. Several years ago, the City Council did consider improvements for the alley. However, no consensus among the property owners was attained, and the right of way was left as is. Access to the properties adjacent to the proposed vacation segment is not possible due to the unimproved state of the existing alley. Those particular property owners are therefore requesting the vacation. A formal vacation of the alley right of way as described in the attached Ordinance has therefore been submitted for a first reading at the January 11, 1999 City Council meeting. A second reading will be scheduled for the February 8, 1999 City Council meeting. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 8th day of February, 1999, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider vacating a portion of an alley traversing Block 7, LAKEBREEZE ADDITION. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE VACATING PORTION F A G A O ONO ALLEY RIGHT OF W AY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. That a portion of a certain alley in Block 7, LAKEBREEZE ADDITION, according to the file and of record thereof, Hennepin County, Minnesota, described as follows, is hereby vacated: The north 168.87 feet of an alley 30 feet in width, located in Block 7, LAKEBREEZE ADDITION; more specifically, that portion of the alley located between Lots 4,5, and 6 on the east, and Lots 7, 8, and 9 on the west; all properties located within Block 7, LAKEBREEZE ADDITION. Section 2. This ordinance shall be effective after adoption and thirty days following its legal P ublication. Adopted this day of , 1999. Mayor ATTEST: City Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) INN . . . . . . . . . . . 7 IT ----------- ------ � , -------------- AVI z 1`1 N _r ;rr __ - Y 7"�''uT [iii O r Nr 1Nr Y' P °� �W ` llf'7•w ,. - Timm V, Mac I'J - w - T7 r1rm t' T - r - xkv , - ttymv ----------- WrA5 -UrVVMTY- rgvwm t'j ITPPF. L.1 w 31r r � � l �' x '� - a� ;;.rr � 1 � 4 � � C dr � � g --� —�— a—�y �--- �M � it S' - 'R -- Uv - d7gT -,— it t Ald V I LW All ma w 7paIr- WT I 3AI -wpqc-o"C-� . s,. r H4r l i j + � —_ nT� _ _ Y i F F � :1NCtr� �, 4• —Y' ^.S' r � r — _ WArt OUS MY It "Ifir I ; mic . w N• irr.rr rt'" A' - IF r ------ -- ----- - - -- -- nw yi 1441 �{ 4 j \ ory 7YJ -'v 1 ------ 7 ran i prr?u AS 117 110 'T 0 1 Wirt f2 " � ` r Tir �'li'�= -�— �� _ . _ � � aY— _ _ —_? i1t_LT, rn _. . rAW c • i City Council Agenda Item No. 6k City of Brooklyn Center A great place to start. A great place to stay. MEMORANDUM TO: Mayor Kragness, Councilmembers Hilstr i, Las elso and Peppe FROM: Michael J. McCauley, City Manag DATE: January 6, 1999 SUBJECT: Resolution Declaring Commitment to the Brooklyn Center City Charter, Pledging Fair Treatment of Employees, Declaring Against Conflicts of Interest and Misuse of Positions On June 22, 1992, Resolution No. 92 -149 was adopted by the City Council. The last paragraph of the resolution directs the City Manager to place it on the agenda for readoption the first meeting of the City Council each January as information and reminder of Council /Manager responsibilities. • 6301 Shingle Creek Pkwy, Brooklyn Center, TIN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER, PLEDGING FAIR TREATMENT OF EMPLOYEES, DECLARING AGAINST CONFLICTS OF INTEREST AND MISUSE OF Pn ,qTTTnNC WHEREAS, Brooklyn Center voters in 1966 adopted a City Charter creating a Council /Manager form of government; and WHEREAS, said Charter provides that the City Council shall determine all matters of policy, and the City Manager shall be the head of the administrative branch of the City Government; and WHEREAS, the Charter provides that there be no separate administrative boards or commission other than advisory boards and commissions; and WHEREAS, numerous advisory commissions have served the City since adoption • of the Charter; and WHEREAS, the Charter provides for four Council members and a Mayor, all elected at large, with the Mayor entitled to a single vote as other Council members and who in addition serves as presiding officer of the Council and as official head of the City for ceremonial purposes; and WHEREAS, the Charter provides that "the Mayor shall study the operations of the City government and shall report to the Council any neglect, dereliction of duty, or waste on the part of any officer or department of the City; and WHEREAS, the Charter provides that "the Council and the City Manager, or either of them, and any officer formally authorized by them, or either of them, shall have power to make investigations into the City's affairs, to subpoena witnesses, administer oaths, and compel the production of books and papers"; and WHEREAS, the Charter provides that the City Manager shall control and direct all departments and divisions of the City and shall have the right to take part in Council discussion and shall recommend such measures as deemed necessary; and WHEREAS, the Charter prohibits Council members from dictating the appointment of any person to office or employment by the City Manager except as provided in Chapter 6 of • this Charter; and i RESOLUTION NO. WHEREAS, the Charter requires the Council to deal with and control the administrative service solely through the City Manager and prohibits any Council member from giving orders to any subordinate of the City Manager, either publicly or privately; and WHEREAS, the City Manager is charged by the Charter to see that the City Charter and the laws and resolutions of the City are enforced; and WHEREAS, the Council as a whole also has an obligation to police its own conduct and to ensure that its business is conducted pursuant to the City Charter and the norms of acceptable and courteous business behavior; and WHEREAS, Council members must depend upon the City Manager and staff to provide them with a great amount of background information, data, and expertise to aid in deliberating issues, developing policy, and administering the Council's responsibilities; and WHEREAS, the effectiveness of the services provided by the staff is in large part determined by a relationship of trust and mutual respect between the staff and the City Council. ® NOW, THEREFORE BE IT RESOLVED by Y the City Council: 1. To rededicate itself to the spirit and letter of the City Charter, and to call to account any of its members who ignore the spirit and letter of the City Charter. 2. To rededicate itself to the checks and balances of the City Charter that keep City government accountable and to reaffirm its commitment to the first amendment rights of the U.S. Constitution. 3. To pledge that no employees suffer recriminations, abuse or humiliation for acting in a forthright, proper, honest, and candid manner in performing their responsibilities. 4. To discharge its responsibilities as intended and established by federal, state, and local laws and the City Charter, and to do so in a fair and impartial manner. Any City officials or employees, elected or appointed, who engage in conflict of interest or who use their positions in a self - serving manner, having the effect of promoting their own financial interest or the financial interest of a friend, associate, business employer, or . relative instead of the public interest, shall be subject to censure by the City Council. RESOLUTION NO. 5. To direct the City Manager to place this resolution for readoption on the agenda for the first meeting of the City Council each January hereafter, as information and reminder of Council/Manager responsibilities. 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. 61 Member introduced the following resolution and moved its ® adoption: RESOLUTION NO. RESOLUTION ACCEPTING BIDS, AND AWARDING CONTRACTS FOR CONSTRUCTION OF NEW WEST FIRE STATION 1998 -10 AND EAST FIRE STATION REMODELING - 1 O G 1998 1 WHEREAS, the City Council established Improvement Projects for Demolition and Construction of new West Fire Station, and 1998 -11 East Fire Station Remodeling by Resolution 97 -205, WHEREAS, the City Council hired the Bossardt Company to perform construction management duties on these projects and Bossardt Company has submitted recommendations for approval of certain items from bid package #2, a portion of the bids for both West Fire and East Fire Station projects, WHEREAS, the following bids were received and opened on September 16, 1998 for bid package 92 on Improvement Project No 1998 -10 and 1998 -11, and these bids have been reviewed by Bossardt Company in its capacity as Construction Manager on the project, and have been recommended for approval by the City Council, West Fire Station: 1.11 Architectural Woodwork/Casework Ives Design, Inc. $50,994 1.14 Overhead & Coiling Doors Crawford Door Co. $27,365 East Fire Station: 1.03 Architectural Woodwork/Casework Ives Design, Inc. $22,206 1.07 Overhead & Coiling Doors Crawford Door Co. $19,377 • WHEREAS, Bossardt Company has advised the City Council that the above contractors are the lowest responsible bidders, The Mayor and City Manager are hereby authorized to direct Bossardt Company to proceed with development of the contracts and the administration of the contracts for the above bids in accordance with Bossardt duties as Construction Manager on 1998 -10 and 1998 -11 Improvement projects. 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. • R nSSARDI' Cni2PORA'PIt >N Nrofcssiona! con.)Irmclioft Managers January 6, 1999 City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 ATTENTION: Michael McCaulev RE: BROOKLYN CENTER EAST & WEST FIRE STATIONS & RECOMMENDATION FOR CONTRACT A'tiVARDS Dear Mike: Based on bid results and apparent low bidders, we are making the following recommendations for award, Listed below are bid results for the East & West Fire Stations, bid package #2, of which we are seeking approval at the January 11, 1999 City Council Meeting. The award of contracts from the East & West Fire Station bid openings are as follows: • EAST FIRE STATION: 1.03 Architectural Woodwork/Casework Ives Design, Inc. 522,206 1.07 Overhead & Coiling Doors Crawford Door Co. $19,377 WEST FIRE STATION: 1.11 Architectural Woodwork/Casework Ives Design, Inc. $50,994 1.14 Overhead & Coiling Doors Crawford Door Co. $27,365 Approval of the above referenced contracts will allow this project to proceed on schedule. Y urs very truly, Dave Manson Senior Project Manager DH: hp cc: Jane Chambers - City of Brooklyn Center, file 7400 Mara Bardrvard - Suirr 400 - M+rrneniralis, MN 55439.2336 - (612) 831.54OR • (R00)'290 -0119 • Fax (612) 631.1268 v l�'1l1.C1 January 7 1999 MEMO TO: Michael J. McCauley, City Manager FROM: �. � O ane A. Chambers Assistant City Manager/HR ,� , Y Director g SUBJECT: Award of Contracts for West Fire and East Fire Building Projects At its meeting of January 1, 1999 the City Council will be asked to approve further contracts on rY Y PP the West and East Fire projects. The recommended awards have been reviewed by Dave Hanson, Construction Manager for Bossardt on the projects as noted in his letter to you dated January 6 1999 and attached for the Council's review. Also attached are pages from the bid tabulations assembled by Bossardt Corporation. The Council has previously seen the entire bid tabulations book, but these sheets are for their review with regard to these particular bids scheduled for award at the January 11 meeting. • PROJECT: BROOKLYN CENTER FIRE STATION - WEST BID ANALYSIS SHEET PREPARED BY: BOSSARDT CORPORATION BID CATEGORY: MILLWORK CASE - SUPP BID DATE: 912J98' 2 4 I 5 (BIDDER NAME I Ives Desig I Paul's Wood 9 Craft I Siewert Cabinets BASE BID 1 I I$ 50,994 s 56,459 $ 66,300 I I I � I (ALTERNATES I I IVoluntary Alternate I ( ( $ (14,000)1 I I 1 1 I I I 1 I 1 I I I I 1 I 1 I (LABOR & MATERIAL YES , YES j YES I YES I YES i I I i I ILABOR ONLY i IMATERIAL ONLY ( I I I I I ITAX I INCLUDED INCLUDED I INCLUDED I INCLUDED ( INCLUDED I I I I I I (BID SECURITY I INCLUDED I INCLUDED I INCLUDED I INCLUDED I INCLUDED 1 I I I i i TOTAL Is 50,994 $ 56,459 $ 52,300 I $ - i I (ADDENDUM # 1 I INCLUDED INCLUDED I INCLUDED I INCLUDED INCLUDED (ADDENDUM # 2 I INCLUDED I INCLUDED I INCLUDED I INCLUDED I INCLUDED I ADDENDUM # 3 I INCLUDED I INCLUDED I INCLUDED I INCLUDED ( INCLUDED I I I I I I I i I I I I I I I I I I I i I I 1 ( GENERAL ( I ( 1 INCLUSIONS I I I IGENERAL I EXCLUSIONS I I I I NOTES I I I I I I I I I I I 1 I I g: \ templatel4bidawrd %3bidanal \bidanaly.xls PROJECT: BROOKLYN CENTER FIRE STATION - WEST BID ANALYSIS SHEET BP #2 PREPARED BY: BOSSARDT CORPORATION BID CATEGORY: OVERHEAD COILING DOORS BID DATE: 912198 2 _. 3 I 4 i 5 T g m I I BI R NAME Crawford Door I Twin City Garage Autoatic Door Gara a Door 'BASE BID 27,365 27,900 1 $ 31,600 1 N (ALTERNATES I 1 I I I 1 ! { I ( I 1 v LABOR &� MATERIAL 1 i YES i YES I YES I YES ( YES jLABOR ONLY I I I I I I I I (MATERIAL ONLY I I I I I I I l TAX ( INCLUDED I INCLUDED I INCLUDED' INCLUDED I INCLUDED I I I I I N 1BI CURITY I INCLUDED I INCLUDED ( INCLUDED I INCLUDED I INCLUDED ' I I I I I I (TOTAL ($ 27,365 $ 27,900 I $ 31,600 ADDENDUM # 1 I INCLUDED I INCLUDED I INCLUDED ( INCLUDED I INCLUDED ADDENDUM # 2 ' INCLUDED { INCLUDED INCLUDED I INCLUDED I INCLUDED ADDENDUM # 3 ( INCLUDED I INCLUDED I INCLUDED I INCLUDED I INCLUDED I I GENERAL INCLUSIONS I I I I I I I I 'GENERAL { a- ExcLUSlorvs I �_ I I I I I 0- I I N L NOTES ( N � W C S N C S C g:\template\4bidawrd\3bidanal\bidanaly.xis I'I .j i PROJECT:BROOKLYN CENTER FIRE STATION - EAST BID ANALYSIS SHEET BP #2 PREPARED BY: BOSSARDT CORPORATION BID CATEGORY: ARCHITECTURAL WOODWORKICASEWOR BID DATE: 9116198 1 ( 2 3 4 5 $ f DER NAME ( Ives Design I Paul's Woodcraft) Siewert N (BASE BID $ 22,206 $ 24,654 $ 36,700 z ALTERNATES I Voluntary Alternate $ (800) r (LABOR & MATERIAL YES YES YES YES YES ( (LABOR ONLY I (MATERIAL ONLY I I ITAX INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED I 40D SECURITY INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED I I ITOTAL $ 22,206 $ 24,654 $ 35,900 $ - $ - I I +ADDENDUM # 1 INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED ADDENDUM # 2 INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED ADDENDUM # 3 INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED I I GENERAL I INCLUSION J I GENERA EXCLUS I = I - c NOTES t a l g: \temp! ate \4bidawrd \3bidanai \bidanaly.xls j t+ PROJECT: BROOKLYN CENTER FIRE STATION - EAST BID ANALYSIS SHEET SP #2 PREPARED BY: BOSSARDT CORPORATION BID CATEGORY: _ _OVERHEAD COILING DOORS BID DATE: 9116198 - - - -- -- 1 ( 2 3 ! 4 I 5 Twin City Garage) Automatic I I DER NAME I Crawford Door I Door Garage Door BASE BID $ 19,377 $ 20,300 $ 21,800 1 � ! ALTERNATES i LABOR & MATERIAL YES YES YES YES YES i LABOR ONLY I I MATERIAL ONLY INCLUDED INCLUDED a (TAX INCLUDED INCLUDED INCLUDED z ID SECURITY INCLUDED I INCLUDED I INCLUDED INCLUDED INCLUDED (TOTAL $ 19,377 $ 20,300 $ 21,800 $ - $ (ADDENDUM # 1 INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED (ADDENDUM # 2 INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED (ADDENDUM # 3 INCLUDED I INCLUDED INCLUDED INCLUDED INCLUDED I I f l I , i I - 1 I I GENERAL I I INCLUSIONS j I l IGENERAL EXCLUSIONS j NOTES g -.\ttm¢ tact \4bidawrd \3bidanal \bidanaly. xis City Council Agenda Item No. 6m City o f Brooklyn Center Office of the City Manager A great place to start. A great place to stay. Michael I McCauley City .1fanager MEMORANDUM TO: Mayor Kragness, Councilmembers llilstrom, Lasm ; Nelson, and Peppe FROM: Michael J. McCauley, City Manager DATE: January 7, 1999 SUBJECT: Memorandum of Understanding with Law Enforcement Labor Services Local No. 82 The detectives have proposed and Chief Downer has recommended a change regarding the detectives to provide for on -call pay and status. Currently detectives are recalled for special investigations and emergencies on the basis of seniority. Dispatch then must attempt to find an available detective or detectives to respond to situations. This has resulted in a very uneven distribution of workload for emergency response • among the detectives. Some detectives have responded to far more of these after -hours emergency calls than other detectives. From a management standpoint, there is no one person who is assigned to be available for response. Under the current contract, an employee on standby must be paid at their regular rate of pay. The detectives have proposed that they would be on assigned on -call status but not receive pay while on such on -call status. Rather, each detective would receive $100 per month for assigned on -call status. The benefit to the detectives would be that they would know who would be the primary responder to these emergency callbacks and the workload would be more evenly distributed. The advantage to the City will be that a specific detective will be assigned and required to respond to these emergency situations. Under the proposed plan, five detectives would be placed into the on -call rotation and receive the additional compensation. This proposal from the detectives and Law Enforcement Labor Services Local No. 82 is very reasonable and provides significant benefits both to the management of the Police Department and the detectives. 6301 Shingle Creek Pkwy, Brooklyn Center, NIIV 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer Member introduced the following resolution and moved i its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING CITY MANAGER TO ENTER INTO MEMORANDUM OF UNDERSTANDING WITH LOCAL 82 OF LAW ENFORCEMENT LABOR SERVICES REGARDING ON -CALL STATUS FOR DETECTIVES WHEREAS, the City Manager has recommended to the City Council that a Memorandum of Understanding be entered into between the City and Law Enforcement Labor Services Local No. 82 providing that as of January 1, 1999, regular assigned detectives in the Brooklyn Center Police Department would receive $100 per month for on -call status and that those detectives be assigned to e s cific on -call duties and responsibili In ty; P P tY, and WHEREAS, such proposal is beneficial to the City and its detectives. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City Manager be and hereby is authorized to enter a Memorandum of Understanding with Local 82 of Law Enforcement Labor Services to provide that as of January 1, 1999, detectives assigned to on -call status receive an additional $100 per month of compensation in return for scheduled on -call duties. 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. 7 • its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF KATHLEEN CARMODY FOR HER DEDICATED PUBLIC SERVICE AS COUNCIL MEMBER WHEREAS, Kathleen Carmody served as a member of the Brooklyn Center City Council from January 1, 1995, through December 31, 1998; and WHEREAS, her service to the City and her consistent leadership have contributed substantially to the sound progress and development of the City, especially in the 53rd Avenue Redevelopment Project; and WHEREAS, her public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that her services and achievements for the betterment of the City be permanently recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Kathleen Carmody is hereby recognized and appreciated by the City of Brooklyn Center and this resolution serves as a visible and lasting expression of gratitude for the leadership and service she has rendered and the benefits she has secured to the citizens of the City of Brooklyn Center. 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. 8a MEMORANDUM DATE: January 4, 1998 TO: Michael J. McCauley, City Manager FROM: Scott Brink, City Engineer�� SUBJECT: An Ordinance Vacating a Drainage and Utility Easement - REGAL ROAD DEVELOPMENT SECOND ADDITION On November 23, 1998, the City Council approved a Resolution Approving the Final Plat, REGAL ROAD DEVELOPMENT SECOND ADDITION. This final plat essentially supersedes an initial plat titled REGAL ROAD DEVELOPMENT ADDITION. As described previously, the newly created plat had been submitted to provide for a property transfer between two neighboring parties. The second plat was submitted in order to allow Super America to acquire an additional strip of land along the south boundary of their property to accommodate a proposed car wash expansion (see attached plan). The property transfer consists of an approximate 25 ft. by 320 ft. strip of land added to the Super America property. This strip of land was covered by drainage and utility easement under the old plat. Typically, when a new plat is submitted, the drainage and utility easements platted under the old plat are superseded by the platted drainage and utility easements recorded under the new plat. However, for purposes of satisfying title administrative details, Super America requested that a formal p q vacation or relinquishing of a portion of a platted drainage and utility easement on the initial plat be administered. The easement described is not needed, and therefore was not provided under the revised plat (REGAL ROAD DEVELOPMENT SECOND ADDITION) approved by the City Council on November 23. However, Super America requested that the easement be formally vacated to satisfy their title company. A formal vacation of the drainage and utility easement described in the attached Ordinance was submitted for a first reading at the December 14, 1998 City Council meeting. A second reading is scheduled for the January 11, 1999 City Council meeting. Notification for a second reading and public hearing was published in the City's official newspaper and all utilities have been notified accordingly. As of this writing, no objections or comments have been received. It is therefore recommended that the City Council approve the attached ordinance authorizing the vacation of said easement. i CITY OF BROOKLYN CENTER • Notice is hereby given that a public hearing will be held on the 1 Ith day of January, 1999, 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 to vacate a public roadway. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE VACATING A DRAINAGE AND UTILITY EASEMENT THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. An underlying platted drainage and utility easement provided for under the plat REGAL ROAD DEVELOPMENT ADDITION as described below, is hereby vacated: Commencing at the Southeast corner of Lot 3, REGAL ROAD DEVELOPMENT ADDITION, thence North 4 degrees 58 minutes 20 seconds West a distance of 21.47 feet; thence North 85 degrees 01 minutes 30 seconds East a distance of 320.95 feet; thence southerly along the East line of Lot 1 a distance of 25.00 feet, • thence South 85 degrees 01 minutes 30 seconds West a distance of 320.95 feet, thence northerly to the point of beginning, and there terminating. Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of , 1999. Mayor ATTEST: City Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) ' i . - bwXvSAata =:.rf4 ;:i:�l. :.. ' f. •}•Y(- --•ci' ..+. ... Ti 7 g -0,7 B 2 9 •S .,,. r i cn 00'' LOT Cu 3 ' LOT 2 ��n , s po {+ \ II I l ` \ J � 2 5 °0 '49 61.78 �•:- -` %' (\ '..- i S8 2 „�, z�s. v/ 335.05 i I ' S36 ° 10'46 " Ml j r 1 51.52 it tj I I — it c"`�,o PJ 'i u 1: � ` J vre eoo. nm- IT N Lu rA 1 "-, ill J I I 4 r 1 ' " t, ' LO 1, EXISTING 13 UILDING 7 Q 7 11 11 4 a " 11 1 1 stogy w1vt COKPID _I C - / VEACOP 00"i- nc)OR EL-835.5 SS h5 ° ar � 1 \ \ - / .1� / / i / / nl � 1 ! _ /�' �, U '� I +..1 —` — :,—. r •� � I A Y 1 0 011NI ;1431 Al,, 9h, 0 /.9F'S • '1 i ; r• . ,� 2 gar l 5L _ ��' "�` — \_� — — -- __ •� I c; bt t / Al 7 rL of 0' 107 rp, 4 PIK t I M. gg 0 -91 J J 1;0 uu � � .J' -.'_z �Y \. ai. ,t � - J, l . F p... �'� d/ �ol ���� � pb�- � m EI.SEP`�RO Ao � Poo � �S �jo ,'� � ' � / ` > 101.1 City Council Agenda Item No. 8b 1 1 MEMORANDUM DATE: January 4, 1999 TO: Michael J. McCauley, City Manager FROM: Scott Brink, City Engineer4 SUBJECT: An Ordinance Vacating Easements for Street Purposes - BROOKLYN CENTER POLICE STATION ADDITION As part of the construction of the new Police and Public Safety facility on Humboldt Avenue, the property is in the process of being re- platted into a new plat to be titled "BROOKLYN CENTER POLICE STATION ADDITION." As part of the re- platting, certain recorded easements on the property are no longer needed and must be vacated. In particular, two 30 foot easements dedicated for public street purposes across the northwest rear of the property need to be vacated (see attached exhibit). The 30 foot dedications were originally dedicated many years ago to provide for any possible extension of Irving Avenue North. In consideration of current property uses and the City's Comprehensive • Plan, no such extension of Irving Avenue is considered practical or necessary. In addition, vacation of the roadway dedication is necessary to allow for the intended development and use of the property. Preliminary and Final Plat submittals for Council consideration will be submitted when the plats are completed and made available by the engineering firm retained by the City. Formal vacation of the street easements described in the attached Ordinance was submitted for a first reading at the December 14, 1998 City Council meeting. Notification was published in the City's official newspaper, and all utility companies were directly notified accordingly. A second reading is scheduled for the January 11, 1999 City Council meeting. As of this writing, we have not received any objections from the utility companies. It is therefore recommended that the City Council approve the attached ordinance authorizing the vacation of said easements. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 11th day of January, 1999, 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 to vacate a public roadway. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE VACATING STREET EASEMENTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. The street easements as described below, are hereby vacated: The west 30 feet of Tracts A and D, Registered Land Survey Number 993. Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. • Adopted this day of , 1999. Mayor ATTEST: City Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) BROOKLYN CENTER POLICE STATION _ �MOT FDjp�o P v� a . r , O '/+ a' sEti u !Da �s �. .`. �_• , - -• -`ter.. r♦ r\r � Ra♦ h — LIPC CF *Z m I ts , * 233 �g.l T i ---------- — Mkny THESE AREAS ARE DRAINAGE uaamorr TO BE VACATE j�o :r; i:i I I I ° ' 0 :.; o 0 C W 1 � LOT t .- O i W - i tayy < ' ( 1 i•. j 1 f � . �, BLOCK 1 { 1 � 1 300 4 u4c CF A9 MI,). 1460 ! ( ` ^' —'� — _ •~. MQT MUND 329.p) y 3003U LINE OF tt< K 1/ CY ?E NE t/a OF No. �y0 .r. n ♦a+ I .AST I/A -q=lm U LEGEND R r v O SET IRON PIPE AEC. NO. t547Z FDUlgo I" PIP£ •� HENNEpIN =LINTY CAST IRON WCNUWE4T POUND NO" FOR TFtE PURP05XS Of TFirs PLAT, THE EAST uqE CF THE GRAPH SCALE NE T/ OF 59 NE t/4 OF SEC7TCN 1S ASSJ>aED TO SCAR SaO �i5'S9'E i (NRET) t ArJI - 40 R �.ilOZ711 ! �M I DIG REGISTERED LAND SURVEY NO. 993 HENNEPIN COUNTY, MINNESOTA scut �_� ► ".40' C. E. GO L1 - ER (Aeno'le- -iron monuni. klilbearings. are as$ur Registered Land Survey "S 8 b.15A -A �orlh line of W04 oC - Nk(orner 0 l ` "GrAh line ot OL OV S"/ 4f S% Of N04 Of WE/4, '3er-.3r5jwp.119N, Rye. 21W _ 32939 .... 164.89 .... CP C 10 0 C-f 0 R A C T A T R A N, -Z 00 co G T 7 4f c) aj, Lp CC <1 16 4.9 5. ( p 0 o d Q) -V14J3G — '9 C-j Ln Ij C; c, 'OR A C T D T R A C T c-j 00 Co Co co V-N4.93 - - - 14 B9" 59'46"W South line o� m of S of S% of NE 01110 Sec. I r line Of NC/4 Of NQ4. Sec. 35, Twv. 1191J, W. c o rr\ e r o o (1404 City Council Agenda Item No. 8c 1 • City of Brooklyn Center A great place to start. A great place to stay. MEMORANDUM TO: Michael J. McCauley, City Man�a�ger FROM: Sharon Knutson, City Clerk DATE: January 6, 1999 SUBJECT: An Ordinance Amending Chapter 7 of the City Ordinances Relating to Storage of Refuse Containers At its December lei, 1998, meeting, the City Council approved first reading of An Ordinance Amending Chapter 7 of the City Ordinances Relating to Storage of Refuse Containers. The notice of ordinance amendment was published in the Brooklyn Center Sun -Post on December 23, 1998, and is offered at the January 11, 1999, City Council meeting for second reading and public hearing. If approved by City Council on January 11, 1999, the ordinance will be effective February 19, 1999. Attachments • 6301 Shingle Creek Pkwy, Brooklyn Center, V11V 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative ActionlEqual Opportunities Employer CITY OF BROOKLYN CENTER • Notice is hereby given that a public hearing will be held on the I lth day of January, 1999, 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 Amending Chapter 7 of the City Ordinances Relating to Storage of Refuse Containers. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 7 OF THE CITY ORDINANCES RELATING TO STORAGE OF REFUSE CONTAINERS THE E CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Brooklyn Center City Code Section 7 -102 is amended as follows: Section 7 -102. REFUSE STORAGE AND DISPOSAL. Subdivision 4. Placing of Containers. The containcr3 mu 414t V1cmi3es -ar-et f viCl fro the ..tree` i 4• ftt f lic, premises Containers must be placed behind the front setback of the residence, or placed in a garage located on the premises, except as may be reasonable and immediately necessary for collection. In no event may containers be placed or maintained in a way that unreasonably interferes with the use of adjoining property. Containers kept outside must be placed in a manner that does not permit entry of or harborage for animals, insects or other vermin, or permit the container to be tipped over. Containers must be maintained in a reasonable clean condition at all times. Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of 1999. Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted, underline indicates new matter.) November 18, 1998 Subject: Placement of Refuse Containers It is common practice of the citizens of Brooklyn Center to store refuse containers on the side of their house or garage. Occasionally I receive a complaint from a citizen because a neighbor's container is in view from the front street. When looking into these complaints, I send letters to everyone in the area as everyone keeps containers out next to their home or garage. The container issue has generated an overwhelming amount of complaints from the citizens in favor of keeping their containers next to their home or garage. Citizens state that they have had their containers next to their home or garage for 15, 20 plus years and this is the first time they have been told to move their containers to the rear of the house or place it in the garage. These citizens state they take pride in their property and do not see their container next to their home as a problem. Many citizens have asked if this is a new ordinance and why am I enforcing such an issue when there are more serious issues to handle. Common reasons as to why citizens place their containers next to their home or garage are as follows: No room in the garage for a container or simply not having a garage, container is not easily accessible if kept outside behind the house, the elderly cannot physically move containers far distances, requires shoveling an extra path in the winter. Many citizens have stated that they do not see this as a problem unless people have overflowing garbage that is blowing around the neighborhood. I have only received a few complaints of this nature. For the most part, citizens that have containers out in view have them next to their residence and they are very neat in appearance. The containers have lids and garbage generally is not overflowing. As an example, during a recent code sweep of a particular neighborhood, I generated 125 letters for code violations. Of the 125 violations, 97 were for container placement only - no other violations were found for those 97 properties. I discovered that containers in almost all instances were next to the house or garage - in view from the front street area. Virtually none of the containers have overflowing garbage and virtually all were neat in appearance with lids. NTo one had containers strewn about the yard or left at the end of the driveway. Of the 28 remaining letters that were sent, 20 had other violations in addition to container placement. The bottom line, only 8 residences of the 125 had containers stored from view. The time that is being spent on computer entries, letters and reinspection for container placement only, is taking away valuable time from focusing on more serious issues. This issue is also Generating a lot of negative feedback from citizens. I would like to purpose that Section 7 -102 Subdivision 4 be revised. I would like to change the first sentence only to read something as follows: `'Containers must be placed behind the front setback of the residence or in the garage." - as opposed to being placed" in the rear of the premises out of view from the street in front of the residence." (See diagram).Virtually everyone places containers in view from the front street area and to date it has been a losing battle trying to get containers moved so they comply with the current container ordinance. The few complaints I have received in favor of the ordinance do not compare with all those in favor of keeping containers nest to their home provided they are kept in a sanitary fashion, which most have been. Thank you for your consideration of this proposed ordinance change. Heather Ruzick Neighborhood Liaison • • 1 CxMI I( % X X� (vt'c t-- L-OT CownlNtR - . FRUNT St's 1�J1c1�- r�r+�T Tv S� ,�ucT uQ� o�c Q IA x }�o FROr -�T 'SET - �FlGt`.� x I in or handling meat, fo��l. frill, grain, or , offal, animal excreta, or the carcass or animals. brick, plaster, ,rood. metal or other waste matter resulting from the demolition, alteration or construction of buildings or strictures; accumulated waste materials, cans, containers, junk vehicles, ashes, tires, junk, or other such substance which may become a nuisance, but not including recyclable materials. Subdivision 22. Rubbish is nonputrescible solid wastes such as wood„ leaves, trimmings from shrubs, de ad tr or bra thereof, shavings, sawdust, excelsior, wooden waste, printed matter, paper, paper board, pasteboard, grass, rags, straw, boots, shoes, hats, and all other combustibles not included under the term garbage, but not including recyclable materials. Subdivision 23. 5LND includes that particular garbage which is wholly or nearly edible and usable as a food and has food value for animals or fowl, accumulating from animal, vegetable or other matter wasted from clubs, hotels, hospitals, restaurants, and public eating places. Subdivision 24. Vehicle is every device in, upon, or by which any person or property is or may be transported or drawn upon a thoroughfare including devices used exclusively upon stationary rails or tracks. Subdivision 25. Waste ivlatter is nonputrescible solid waste such as soil, earth, sand, clay gravel, loam, stone, brick, plaster, crockery, glass. glassware, ashes, cinders, shells, metal, and other noncombustible material which has been or is to be discarded, but not including recyclable materials. Subdivision 26. Yard %Waste has the meaning Riven it in `Minnesota Statutes, Section 11 5A.931- r Section 7 -102. REFUSE STORAGE AND DISPOSAL. Subdivision I. Containers Required. The owner of any premises, and any other person having r efuse as herein defined, must provide and keep on such premises sufficient containers for the storage of refuse accumulated on the premises between disposal or collection. Each container must be watertight. must have a tight fitting lid, must be impervious to insects, rodents, vermin. and absorption of moisture and may not exceed 30 gallons in size unless otherwise specifically authorized in w�itiag by the health authorit''. � .Ail refuse on any premises must be stored in required containers unless it is immediatel consume: o at osed of on the premises in arl approved incinerator. All commercial, business, industrial, or other, such establishments having a refuse volume in excess of two cubic yards per week. and all six - family and larger dwellings. must provide approved bulk or box t�'pe re �ase storage containers or approved equivalent. The containers must be located so as to be accessible to collection equipment and so as not to require an intermediate transfer. . .. .. .. .i,..w,,.,. .,.,,... . . a i.d u . .. - ,�,..� - . 1 -f .aw:...�. ...eYuJ;,u.,,�.i... ��.:- _ .v Subdivision 2. Sanitary Disposal. All refuse must be disposed of in a sanitary manner as approved by the health authority and may not constitute a nuisance. Refuse may not be composted or buried except that composting in an approved rodent and flv proof device and/or filling operations rising approved fill materials and methods may be permitted. In no case may garbage be composted or buried. Subdivision 3. Frequency and planner of Collection. The contents of the containers must be collected once every week, or more frequently if necessary or required by the provisions of any other ordinance of the City, by a collector licensed under this Chapter. The collector must transfer the contents of the containers to the collection vehicle without spilling them, and if any spilling occurs, the collector must clean it up immediately and completely. Collection must be conducted in a manner as to not create a nuisance. Collection in residential zones must be between the hours of 6:30 a.m. and 8:30 p.m. Upon each collection the containers must be completely emptied and returned to the racks or stands where they are kept, and the lids of the containers must be replaced. Subdivision 4. Placing of Containers. The containers must be placed in the rear of the premises \ � � or out of view from the street in front of the premises 'or placed in a garage located on the premises, ) except as may be reasonable and immediately necessary for collection in no event may containers be placed or maintained in a way that unreasonably interferes with the use of adjoining property. Containers kept outside must be placed in a manner that does not permit entry of or harborage for animals, insects or other vermin, or permit the container to be tipped over. Containers must be maintained in a reasonable clean condition at all times. Subdivision 5. Defective Containers. If. upon inspection by the health authority, a container is found to be in poor repair, corroded or otherwise defective so as to permit insects, vermin or rodents to enter, or does not meet other requirements of this ordinance, the health authority may require the container to be repaired or replaced by notifying the provider or user of the container of the deficiency and stating a compliance date in the notice. If the deficiency is not corrected by the compliance date, the health authority may condemn the deficient container and affix a tag so stating such condemnation. It is unlawful for any person. to place or deposit refuse in a container which has been condemned. Subdivision 6. Preparation of Yard Wastes. Yard wastes must be bagged separately from other garbage, refuse, and waste matter and must be placed 3 to 6 feet from garbage and other refuse on collection: day. Section 7 -103. REFUSE ELL ULERS REGULATIONS. Subdivision 1. License Required. No person may haul or convey refuse from any premises in the City, other than the person's o domicile, unless the person holds a valid license. A license is required for each vehic' used to haul or convey refuse. 7 -� r City Council Agenda Item No. 8d 1 • Office of the City Clerk City of Brooklyn Center Agreat place to start. Agreat place to stay. NNIEINIORANDUAI TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk 4WOL DATE: January 7, 1999 SUBJECT: An Ordinance Amending Chapter 3 of the City Ordinances Regarding the Minnesota State Building Code At its December 14, 1998, meeting, the Council approved first reading of An Ordinance Amending Chapter 3 of the City Ordinances Regarding the Minnesota Building Code. City Attorney Charlie LeFevere indicated that since appendixes are referenced in the ordinance amendment, they should be included when publishing the amended ordinance. The ordinance amendment was published in the City's official newspaper on December 23, 1998, and the requested appendixes were included. • The second reading and public hearing are scheduled for January 11, 1999, and the attached ordinance amendment includes the referenced appendixes. Attachment • 6301 Shingle Creek Pkwy, Brooklyn Center, iIIN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer CITY OF BROOKLYN CENTER • Notice is hereby given that a public hearing will be held on the 11th day of January, 1999, at 7:00 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 Chapter 3 of the Brooklyn Center Code of Ordinances regarding the Minnesota State Building Code. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 3 OF THE CITY ORDINANCES REGARDING THE MINNESOTA STATE BUILDING CODE THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 3 -101 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 3 -101 • A. The following chapters of the 3994 Minnesota State Building Code are adopted and incorporated as part of the building code for the City of Brooklyn Center: 3. 1302 - State Btfilding Construction Approvals 4. 1305 - Adoption of the -1994 1997 Uniform Building Code including Appendix Chapters: a. 3, Division I, Detention and Correctional Facilities b. 12, Division lI, Sound Transmission Control C. 29, Minimum Plumbing Fixtures 6. 1315 - Adoption of the -993 1996 National Electrical Code 14.5 - viiv ri ORDINANCE NO. B. The following optional appendix chapters of the -994 1997 Uniform Building Code are hereby adopted and incorporated as part of the building code for the City of Brooklyn Center: 1. 3, Division 1II, 1992, One- and Two - Family Dwelling Code 2. 15, Reroofing 3. 19, Exposed Residential Concrete 4. 31, Division II, Membrane Structures 5. 33, Excavation and Grading Section 2. This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this day of , 1999. Mayor ATTEST: Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted, underline indicates new matter.) City Council Agenda Item No. 8e • • N1 E INI 0 R A N D U TM DATE: January 4, 1999 TO: Michael J. N/IcCauley, City Manager FROM: Michael Krech, Public Works Specialist SUBJECT: An Ordinance Amending Sections 25 -501, 25 -1003, 25 -1006, 25 -1010 and 25- 1015 of The Brooklyn Center Code of Ordinances Relating to Right of Way Uses and Permits Ordinance 97 -17 was adopted on December 15, 1997. This ordinance added Right -of -Way Management Sections 25 -1000 through 25 -1032 to the Brooklyn Center Code of Ordinances. I have reviewed the sections and compared them with the Minnesota Public Utilities Commission's latest set of rules and recently approved right -of -way ordinances of other cities. Further review with public works and engineering staff outlined some changes that should be made to the chapter. The changes include: • amending Chapter 25 -501 to require a permit for private driveway or sidewalk construction which impacts the right -of -way • amending Chapter 25 -1003 to include additional exceptions • amending Chapter 25 -1006 to include additional exceptions • amending Chapter 25 -1010 to eliminate the permittee's option to pay the City to do the restoration work • amending Section 25 -1015 to require conformance with the Brooklyn Center Standard Design Plates Formal amendment to the Right of Way Ordinance described in the attached Ordinance was submitted for a first reading at the December 14, 1998 City Council meeting. Notification was published in the City's official newspaper. A second reading is scheduled for the January 11, 1999 City Council meeting. It is therefore recommended that the City Council approve the attached ordinance authorizing the amendment to the said ordinance. • CITY OF BROOKLYN CENTER • Notice is hereby g iven that a public hearing will be held on the 1 Ith day of January, 1999, 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 Chapter 25 regarding the regulation of the use of public right of way. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 25 -501, 25 -1003, 25-1006,25-1010 AND 25 -1015 OF THE BROOKLYN CENTER CODE OF ORDINANCES RELATING TO RIGHT OF WAY USES AND PERMITS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 25 -501 is amended as follows: • Section 25 -501. WHEN AUTHORIZED. Property owners are hereby authorized to construct driveways and sidewalks traversing the boulevard connecting onto the streets owned by the City of Brooklyn Center subject to the following conditions: a. Such construction work must be done at the expense of the property owner and no sneh eonsfttte icn work 3hall impair or damage the street. No such constriction shall be allowed without havine an approved permit from the Director of Public Works. Section 2. Section 25 -1003 Subd. 3 is amended as follows: Subdivision 3. Exceptions. Nothing herein shall be construed to repeal or amend the provisions of a city ordinance permitting persons to plant or maintain boulevard plantings or gardens in the area of the right -of -way between their property and the street curb provided and such use is subject to the use of the right -of -way by the City or other Persons for installation and maintenance of facilities. Persons planting or maintaining boulevard plantings or gardens or installing or operating irrigation systems shall not be deemed to use or occupy the right -of -way, and shall not be required to obtain any permits or satisfy any other requirements for planting or maintaining such boulevard plantings or gardens under this Right -of -Way Management Ordinance. However, excavations deeper than 12 inches are subject to the permit requirements of section 25 -1006. Registration shall not be required for a. Private driveways or walkways • b. Sewer and water connections serving individual properties et c_ Equipment of a private landowner which is within the right -of -way and between ORDINANCE NO. that owner's property and the street curb d. Signs e. Mailboxes f. Street furnishings Z. Bus stop benches h. Bus stop shelter. hiYvcvcr Such =3 &c. pciti3ittiii rL'quir nts of seetion 25 1006 Any Service or Utility Service provided by a person under a franchise with the City shall register pursuant to this section, but need not provide the registration information required by Section 25 -1004 if such information has been received by the City in the administration of the franchise agreement. In addition, Persons acting as agents, contractors or subcontractors for a registrant which has properly registered or who is exempt from registration shall be exempt from registering under Section 25 -1004. Section 3. Section 25 -1006 Subd. 1 is amended by adding the following: e. Exceptions. A permit shall not be required for: a. Si ns • h. Mailboxes e. Street f imishinas d. Bus stop benches e. Bus stop shelter. Section 4. Section 25 -1010 Subd. 2 is amended as follows: Subdivision 2. Repair and Restoration. Permittee shall repair and restore its own work. 1 addition, iii it3 uj lYefftf$ii fili xCut'3ilvil p,:iiiiit hz permilzo may ch333z ziJiei' have t ote Gity restore the ri4ht - way yr i . zc perrni' tee ehooses to have the Gity restore riglit'of shall pay the eests thereof within thitly (30) f billiiib. If, duriiib ire twelve - X1-2-} r tnOnt is i'U uvving aucla restoratieft, - �cmcnt 3f g, 0) days of billiiig, t4ie c avcmcnc. Th �" iift} rcquirr, Lh3 i3ci7ii "r`�ZA t3 piti3vift fi payment bond or prepay the estimated eosts of stieh festaration, the unused p3i�t AIL whielt shall be rettirned to the perlillR�A.. rc3tczc th;, rig- htof-way - its The nermittee shall at the time of application for an excavation permit post a restoration bond in an amount determined by the Director to be sufficient to cover the cost of • restoring the right -of -way to its pre - excavation condition. If, twelve (12) months after ORDINANCE NO. completion of the restoration of the right -of -way, the Director determines that the right -of -way has been properly restored, the surety on the restoration bond shall be released. Permittees with whom the City has a current franchise agreement, or authorized agents, contractors, or subcontractors of that franchise shall not be required to post a restoration bond. Section 5. Section 25 -1015 is amended as follows: Section 25 -1015. INSTALLATION REQUIREMENTS. The excavation, backfilling, repair and restoration, and all other work performed in the right -of -way shall be done in conformance with " pc;j;ag34 the Brooklvn Center Standard Design Plates as promulgated by the Director and at a location as required by Section 25 -1021. Section 6. This ordinance shall be effective after adoption and thirty days following its legal publication. • Adopted this day of , 1999. Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted, underline indicates new matter.) its adoption: Member Kathleen Carmody introduced the following resolution and moved RESOLUTION NO. g8 RESOLUTION ADOPTING RIGHT -OF -WAY PERMIT FEE AND RESTORATION BOND RATE SCHEDULE WHEREAS, pursuant to authorization set forth in the Brooklyn Center Code of Ordinances Section 25 -1009 and 25 -1010, a Right of Way Permit Fee and Restoration Bond Rate Schedule has been prepared. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, 'Minnesota that the permit fees and restoration bond amounts for work done within the right of way are set as follows: Collectors and Arterial Streets Other Streets F - F S Schedule A Schedule B Administration (per permit) S75 $50 Hole (per hole) 5100 $50 Trench in street (per 100 LF) S50 $30 Trench in boulevard (per 100 LF) $20 $20 Obstruction / Aerial (per 100 LF) 50.10 50.05 Extension (per permit) 575 $50 Delay Penalty (per day) 550 520 RESTORATION BONDS Driveway cut (per driveway) 52500 51000 Residential sewer and water utility cut (per service) 51 52500 Hole (per hole) 57500 $5000 Trench in street (per 100 LF) 55000 52500 Trench in boulevard (per 100 LF) S500 S250 Obstruction / Aerial (per 100 LF) S250 S100 December 14. 1998 Date IMayor� ATTEST: AOLM City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom and upon vote being taken thereon, the following voted in favor thereof: Myrna Kragness, Kathleen Carmody, Debra Hilstrom, Kay Lasman, and Robert Peppe; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. REGISTRATION APPLICATION City of FOR UTILITIES WITHIN CITY RIGHT OF WAY BROOKLYN Brooklyn Center Public Works Department CENTER 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 -2199 569 -3340 569 -3494 fax Registrant Information (Company Information) Name: Address: City: State: Zip Code: Phone Number: Fax Number: E -Mail Address: One -Call Information . .(If Applicable) Operator Registration Number. ID Number (If Contractor): Local Representative (Person that can speak locally for the company) Name: Address: City: State: Zip Code: Phone Number: Fax Number: E -Mail Address: 24 Hour Emergency'.Contact Information (Notify the city immediately if this information changes) Name: Phone Number: Pager: Fax Number: Certificates and Licenses = Please attach copies of certificates and licenses as required for registration 1. Certificate of Insurance 2. Certificate of Incorporation (If Incorporated) 3. Certificate of Authority from Minnesota Public Utilities Commission (MPUC) 4. Removal Bond (Equipment Owner Only) 5. Minnesota Contractors License For Office Use Only Date Received: Date Approved: • Registration Number Assigned: Registered by Whom: Company Name: Date: page 1 REGISTRATION APPLICATION rBJ? ty of FOR UTILITIES WITHIN CITY RIGHT OF WAY OKLYN Brooklyn Center Public Works Department TER 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 -2199 569 -3340 569 -3494 fax Construction and Major Maintenance Plan Next Year Proiects Write a brief project description with estimated beginning and ending dates for projects that will commence during the next calendar year. Highlight each project area on the attached map. Number the highlighted areas to match the appropriate description. ie. 1,2,3,... Five Year Proiects Write a brief roject description with estimated beginning and ending n P 1 P g g di g dates for tentative protects that will commence during the five years following the next calendar year. Highlight each project area on the attached map. Number the highlighted areas to match the appropriate description and year planned for construction. ie. 1999 - 1,1999- 2,2000 -1,... • Company Name: Date: page 2 APPLICATION FOR RIGHT OF WAY PERMIT City of Brooklyn Center Public Works Department BR0OKLYN 6301 Shingle Creek Parkway CENTER Brooklyn Center, Minnesota 55430 -2199 569 -3340 569 -3494 fax Excavation Permit (,� Obstruction Permit Joint Application UTILITY OWNER: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (List all participants . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . For a Joint Application) Gopher One Call Reg. No. (Plan No. jProject No. LOCATION: . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . . . .. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . From and To: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . APPLICANT: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Address: Telephone: ......................................................................................................................... ............................... ......... ............................... City: State: Zip: ................... ......... ............................... Contact Person: Telephone: ......................................................................................................................... ............................... ......... ............................... 24 Hour Contact: Telephone: Pager: Cell Phone: CONTRACTOR: Gopher One Call Reg. No. ................................................................................. ............................... ......... ............................... Address- Telephone: ...................................................................................................................... ............................... ......... ............................... City: State: Zi p ........................ ......... ............................... Contact Person: Telephone: ......................................................................................................................... ............................... ......... ............................... 24 Hour Contact: Telephone: Pager: Cell Phone: FACILITIES INFORMATION Gas ❑ Electrical ❑ Telecom ❑ Cable ❑ Storm Sewer ❑ Traffic ❑ Water Sewer Q Other: PURPOSE OF CONSTRUCTION New �j Replacement Q Repair Other: TYPE OF CONSTRUCTION [� Trench ❑ Hole Chamber ❑ Bore (specify) ......................................................................................... ............................... Aerial Plow Other: CONSTRUCTION DETAILS Length: Width: Depth: Total Linear Feet of Installation: ROW USED Road (Sch. A) Road (Sch. B) Q Boulevard Sidewalk Other: CONSTRUCTION SCHEDULE Start Date: Weekend Dates: End Date: After Hours Dates: 'City Comments: ` _ Complete Right of Way Registration on file with the City. — Attach proposed plans that meet the requirements of of this permit application as specified in the general conditions. _ Include the permit fee calculated from the Permit Rate i Sheet. DATE RECEIVED: Include a restoration bond for the amount calculated APPROVED BY: from the Permit Rate Sheet. • DATE APPROVED: ® PERMIT RATE SHEET city of Brooklyn Center Public Works Department BROOKLYN 6301 Shingle Creek Parkway CENTER Brooklyn Center, Minnesota 55430 -2199 569 -3340 569 -3494 fax FEES Schedule A Schedule B Administration (per permit) $ 75.00 $ 50.00 Hole (per hole) $ 100.00 $ 50.00 Trench in street (per 100 LF) $ 50.00 $ 30.00 Trench in boulevard (per 100 LF) $ 20.00 $ 20.00 Obstruction / Aerial (per 100 LF) $ 0.10 $ 0.05 Extension (per permit) $ 75.00 $ 50.00 Delay Penalty (per day) $ 50.00 $ 20.00 RESTORATION BONDS Schedule A Schedule B Hole (per hole) $ 7,500.00 $ 5,000.00 Trench in street (per 100 LF) $ 5,000.00 $ 2,500.00 Trench in boulevard (per 100 LF) $ 500.00 $ 250.00 Obstruction / Aerial (per 100 LF) $ 250.00 $ 100.00 Work done in conjunction with a city project that is located within the limits of the project and is completed during the construction period of the project shall be exempt from all permit fees except the administration fee. If the work schedule is extended beyond the completion of the construction period of the project all fees shall apply and are retroactive. COLLECTOR STREET MAP City of Brooklyn Center Public Works Department BROOKEYV 6301 Shingle Creek Parkway CENTER Brooklyn Center, Minnesota 55430 -2199 ® 569 -3340 569 -3494 fax , �.w. s , cl t t L .� Schedule A l ` Schedule B Work done in County or State right -of -way does not require a right -of -way permit with Brooklyn Center. Make sure permits have been acquired from all appropriate agencies before you start work. If you have questions regarding which schedule your permit application falls under call Michael Krech at 569 -3331. 0111 wpi GENERAL CONDITIONS of Brooklyn Center Public Works Department BROOKLYN 6301 Shingle Creek Parkway • CENTER Brooklyn Center, Minnesota 55430 -2199 569 -3340 569 -3494 fax The following general conditions apply to work done within the City's right -of -way: 1. The city must be notified prior to the commencement of work. 2. The applicant is responsible for providing and maintaining traffic control as specified in the latest version of Appendix B of the Minnesota Manual of Uniform Traffic Control Devices. If the applicant does not possess a copy of Appendix B, one can be obtained from the Engineering Department, 3. The applicant is responsible for complying with all employee, trench and roadway safety standards. 4. Provide scaled drawings showing the location of all facilities and improvements proposed by the applicant. Drawings shall be submitted in English measurement two (2) paper copies at 100 scale and one (1) copy in AutoCad format (Hennepin County Coordinate system) with X,Y,Z dimensions to 1 foot accuracy. Electronic drawings are only required for the installation of new or upgraded equipment. 5. The applicant shall notify the Engineering Department before starting work, upon completion of work, and at any time when the construction is within ten (10) feet of any City utility. The applicant shall make the work -site available for inspection during and upon completion of work so that the City may inspect backfill and compaction. 6. Contact Michael Krech at 569 -3331 or Dave Anderson at 569 -3323 to notify the City of changes in work status or to arrange inspections. DRIVEWAY AND UTILITY SERVICE PERMIT City of Brooklyn Center Public Works Department BROOKLYN 6301 Shingle Creek Parkway CEYVTER Brooklyn Center, Minnesota 55430 -2199 569 -3340 569 -3494 fax ❑ Driveway Permit ❑ Utility Permit Location: Applicant Name: Address: ip Code, Telephone No.: Contractor: Address: City, State, Zip: Phone Number, Gopher State One Call Reg. No.: Restoration Bond or Monetary Deposit: Applicant Signature: Date: �ioamrdiu �6iuu RESTORATION BOND AMOUNTS City of Brooklyn Center Public Works Department BROOKLYN 6301 Shingle Creek Parkway • CENTER Brooklyn Center, Minnesota 55430 -2199 569 -3340 569 -3494 fax •` t EIL 3 ' h s I I Schedule A l d d Schedule B RESOTATION BONDS OR MONETARY DEPOSIT Schedule A Shedule B Driveway cut (per driveway) $ 2,500.00 $ 1,000.00 Residential Sewer or Water Utility Cut (per service) $ 4,000.00 $ 2,500.00 GENERAL CONDITIONS cC J of Brooklyn Center Public Works Department =1 BR40K.�YN 6301 Shingle Creek Parkway • CENTER Brooklyn Center, Minnesota 55430 -2199 569 -3340 569 -3494 fax The following general conditions apply to work done within the City's right -of -way: 1. The City must be notified prior to the commencement of work. 2. The applicant is responsible for providing and maintaining traffic control as specified in the latest version of Appendix B of the Minnesota Manual of Uniform Traffic Control Devices. if the applicant does not possess a copy of Appendix B, one can be obtained from the Engineering Department. 3. The applicant is responsible for complying with all employee, trench and roadway safety standards 4. Underground utility installations placed within roadway right -of -way must be inspected by a member of the Public Utilities Department or Engineering Department (585 -7100 or 569 -3340) prior to backfill of trench. 5. Underground utility installations placed within private property must be inspected by a member of the Inspection Department (569 -3330) prior to backfill of the trench. 6. Backfill material must be inspected by a member of the Street Department or Engineering Department (585 -7100 or 569- 3340). The inspector must be present when the backfill begins. 7. Type quality and thickness of base and pavement structure placed within the roadway patch area (includes drives and walks) shall be a minimum of 4" Class 5 Aggregate, 1 1/2" - 2331 Base and 1 1/2" - 2341 Wear as established by the Engineering Department. The measurements shall match the existing conditions unless they are less than these minimums in which case the minimum shall apply. 8. Pavement of a roadway patch must be done under the inspection of a member of the Engineering Department. 9. Failure to comply with items 1 through 8 may result in reconstruction of all or part of the project to the satisfaction of the City Engineer; or assignment of the project completion to a competent party with subsequent costs charged against the posted monetary deposit or bond. 10. City shall Release balance of monetary deposit against which it has no claim upon Date: Signature: • City Council Agenda Item No. 8f • • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Ronald A. Warren, Planning and Zoning Specialist SUBJECT: Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain land (5001 Drew Avenue North) DATE: January 6, 1999 On November 23, 1998, the City Council adopted Resolution No. 98 -199 which approved Planning Commission Application No. 98021 submitted by William R. Stoner. This application was a request for rezoning from C -2 (Commerce) to C -1 (Service /Office) of the land located at 5001 Drew Avenue North. Also at that time, the City Council considered a first reading of an ordinance amendment relating to Chapter 35 regarding the zoning classification of this land. This is a housekeeping type ordinance amendment that would redescribe in the zoning ordinance the property rezoned under • the above application. The ordinance amendment was published on December 16, 1998, and is set for public hearing by the City Council on January 11, 1999. It is recommended that the City Council, following, public hearing on this ordinance amendment, adopt the ordinance amendment describing the property rezoned from C -2 to C -1 at 5001 Drew Avenue North. I • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 11th day of January, 1999, at 7:00 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (5001 Drew Avenue North). Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (5001 DREW AVENUE NORTH). THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is Hereby Amended in the Following Manner: Section 35 -1170. SERVICE /OFFICE DISTRICT (CI). The following properties are hereby established as being within the (Cl) Service /Office District zoning classification: The west 135 feet of the east 165 feet of the north 150 feet of the south 183 feet of the northwest 1/4 of the southwest 1/4 of the northeast 1/4 of Section 10. Section 35 -1190. COMMERCE DISTRICT (C2). The following properties are hereby established as being within the (C2) Commerce zoning classification: Tla�, �rest f thi, sciu ect of-tL� kw ..thwes-t -l14 of-th-. soutl�WCSt--1�4 of 617c ii . Section 2. This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this day of , 1998. Mayor ATTEST: Clerk Date of Publication Effective Date (Strikeouts indicate matter to be deleted, underline indicates new matter.) City Council Agenda Item No. 9a • • Office of the Citv Manager City of Brooklyn Center A great place to start. A great place to stay. ® IN ichael J. McCauley City Nfanager MEMORANDUM TO: Mayor Kragness, Councilmembers Hill st m, Lasi , Nelso and Peppe FROM: Michael J. McCauley, City Manag DATE: January 7, 1999 SUBJECT: Time of Sale Ordinance Attached are numerous items relative to the Time of Sale Ordinance discussion. Included in the materials: 1. Ordinance as sent by Housing Commission 2. Recent information from the Minneapolis Area Association of Realtors regarding inspections and trends 3. A question and answer sheet on the proposed ordinance as updated by Tom Bublitz 4. November 18, 1998, memorandum from Tom Bublitz including the Realtor survey and other materials when the ordinance was referred from the Housing Commission and June 18, 1998, memorandum from Tom Bublitz v 5. the ordinance et regarding L ters received To summarize information previously assembled from several memoranda, City staff does not have, other than a rough estimate, the potential impact on staff time of the proposed ordinance. In Mr. Bublitz' memorandum of June 18th, there is an estimation that somewhere between 14% to 24% of a full -time building inspection position could be impacted with revenues offsetting less than one -half of the inspection time. Additionally, there would be administrative time that would be involved. Inspection staff have also identified policy issues with respect to prosecution of persons on reinspections of homes not sold and dealing with persons who may not be aware of the ordinance. The policy issue would relate to whether or not the goal of improving the housing stock in Brooklyn Center and protecting inexperienced buyers will be served by the proposed ordinance and whether other market - driven forces are not approaching the point where the market place itself will address these issues. As indicated in the materials supplied by the Realtors Association, the use of private inspections at the buyer's behest has increased dramatically. In some real estate offices, the use of comprehensive private inspections p P Pp prior to purchase has approached 100 %. As indicated in the materials relating to Brooklyn Center while • there is variation, there is a substantial use of private inspections in real estate transactions. It is my feeling 6301 Shingle Creek Pkivy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative ActionlEqual Opportunities Employer Memo to City Council -?- January 7, 1999 that the marketplace is itself moving to a position where nearly all residential purchases will involve a comprehensive inspection. As pointed out in the article regarding St. Louis Park, these market- driven inspections are far more comprehensive and provide more protection and information for buyers than occurs under governmentally- mandated inspections. Community Development staff have serious reservations regarding the staffing implications of adopting this ordinance as well as its enforcement. For transactions involving licensed real estate brokers, compliance with the ordinance will most likely approach 100 %. There are, however, sales that occur on contract for deeds between individuals and sales by owner where anticipated educational efforts may not result in buyers and sellers being aware of the ordinance requirements. For example, a family member from outside of Brooklyn Center who attempts to sell by owner for an aged relative may be totally unaware of Brooklyn Center's ordinance. This would place the City in the position of having to consider enforcement actions against persons who were unaware of these requirements and who are not professionals such that they should be held to a higher standard of knowing these regulations. As the private marketplace continues forward with an increasing number of buyer- initiated inspections, an ordinance such as the one being proposed could well result in a duplication and a needless increase in the cost of real estate transactions where the owner would be required to have the relatively cursory inspection required by the proposed ordinance and the buyer would contract for a far more comprehensive inspection. Another issue which has been raised with respect to this ordinance in conversation with members of the public, is the question of liability for these inspections on the part of the City. As Mr. LeFevere indicated at one of the previous discussions, the City does not undertake a duty toward the purchaser of the home or the seller of the home by virtue of requiring this inspection. Additionally, the inspection would be provided by a contractor to the owner and not through the City. However, the public perception would be that a lapse in the inspection that resulted in physical harm to either the seller or the buyer because the inspector failed to find a problem was somehow the City's fault. The staff consensus recommends against adoption of the ordinance due to potentially labor intensive issues of enforcement and a sense that buyer- initiated inspections will soon become the norm, removing the need for an ordinance requiring a seller- initiated inspection. Attachments t No. 1 Ordinance as Sent by Housing Commission Z ALTERNATE (AMENDED) • CITY OF BROOKLYN CENTER (PROPOSED) ORDNANCE NO. AN ORDNANCE AMENDING CHAPTER 12 OF THE CITY ORDINANCES IMPLEMENTING A TIME OF SALE HOUSING INSPECTION, REQUIRING INSPECTION, DISCLOSURE OF CONSUMER INFORMATION CONCERNING THE CONDITION OF A DWELLING PRIOR TO ITS SALE, AND CORRECTION OF CERTAIN HAZARDOUS CONDITIONS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 12 of the City Ordinances of the City of Brooklyn Center is amended by adding the following: Section 12 -1501. PURPOSE. The numose of this Section . is to enha nce the supply of safe. sanitary and adeauate housing for citizens of the c ity of Brooklyn Center and to preve the deterioration of existing_ • housing. , Section 12 -1502. DEFINITIONS. The following words and terms when used in this Section shall have the following meanings. unless the context cleariv indicates otherwise: 1. "Dwelling" - a building. or portion thereof. designed or used predominantly for residential occupancy of a continued nature. including one - family dwellings. two - familv dwellings. and multiple family dwellings: but not including hotels and motels. 2. "Dwelling Unit" - a single residential accommodation which is arranged, designed, used or, if vacant. intended for use exclusively as a domicile for one family. Where a private garage is structurally attached. it shall be considered as part of the building_ in which the dwelling_ unit is located. '."Mobile home" - (includes "Manufactured" Homes). A single family detached dwelling unit designed for vear -round occunancv. constricted at a factory or assembly plant and drawn to the site on attached under carriage and wheels. "Mobile Home' shall not include "Recreation Vehicle" as herein defined. nor shall it include modular or prefabricated dwelling_ units which meet or exceed the reauirements of the Uniform Building Code. "Evaluation report" - a written report prepared and signed by a person licensed as a time of sale housing evaluator in a com munity reco gnized by the C itv_ of Brooklyn Center on a form in compliance with Section 12 -1506 of this Code. 1 • ORDINANCE NO. "Immediate hazard" - a condition or defect which is likely cause in_iury to a person or property if not corrected. "Issuing Authority" - the City ivlanager or his/her designated representative. "Owner's Agent" - a person who acts for or has the power or authority_ to act for the owner of a dwelling unit. "Sale" - the transfer of title or possess_ ion of a dwelling_ unit whether or not absolute title is transferred. "Vacant" - a dwelling unit which is not occunied. Section 12 -1503. INSPECTI AND EVALUAT REPORT REOUIRED. L Except as set forth, J.P. Section 12 -1..504 of this Code. no dwelling unit or mobile home located within the City may be voluntarily conveyed for consideration by deed or contract for deed until the owner or own er's agent has first applied for and secured an evaluation prepared by an evaluator meeting the requirements under Section 12- 1505 of this Code. . 2. A valid evaluation report issued for the dwelling unit in auestion shall be provided to the buver prior to the execution of a purch agreement. The buver shall be su nnlied a cop_ v_ of t written report and shall sig a copy acknowledging receipt of that report. 3. If the structure is i com plian(-e wi requirements of Section 12 -1508 of this Code, the evaluation report shall state t hat the structure has been inspected and is in conformance. An eva luation report is valid for on e year from the date of its issuance. The report is valid only for the owner listed on the report. 4. No person shall offer for sale by exhibi or s howing a dwelling unit within the city without having first o btained an inspection and evaluation report as described in this Section. The evaluati report shall be conspi cuously displaved for insp_ ection at the premises at all tim that such dwelli unit is being o ffered for sale. Section 12 -1504. EXCEPTIONS. The provisions of Section 12 -1503 do not apply to: 1. Anv newly constructed dwelling unit when title is transferred to the first owner. 2. The sale or other transfer of title of anv dwelling unit to a public bodv. h. The sale or tran of title of any dwelling unit for t he purpose of demolition. 1) • ORDINANCE NO. 4. The sale or convevance of anv dwelling unit by a sheriff or other public or court officer in the per formance of their official duties. This exemption does not apply to the sale of a dwel unit by a person appoin by a probate court. 5. The sale or con veyance of any entire multipl family building. Section 12 -1505. EVALUATOR REOUIREtiIENTS. 1. Evaluators conductin evaluations and comp leting evaluation reports under this Code must maintain a current unexpired Certificate of Competencv issued by the City of Minneapolis. St. Paul or Bloomington. The C ity Council may. by resolution. recognize Certificates of Competency frorn additional cities. Evaluators must also show proof that he or she has a current unexpired Certificate of Comp_ etenev from at least one of the aforementioned recognized cities. 2. Evaluators conducting evaluations and completing evaluation reports under this Code — - p - - shall also show proof of general liability insurance insuring the evaluator with insurance coverages and liability limits which mav be specified from time to time by resolution of the Citv Council. The_ evaluator shall maintain insurance continuously in force thereafter. The city shall be included as a named insured on the insurance • required herein at the expense of the evaluator. The evaluator shall furnish the city with a certificate of in surance which meets the city requirements. 3. The city shall maintain a list of the names and teleph numbers of evaluators who meet the requireme of this section. The list sha ll be available to the public. Section 12 -1506. FORMS. The city shall prepare or authorize use of forms as it deems appropriate to constitute a disclosure under Sections 1.7-1501, th rough 12 -1511. The form shall provide inf ormation concerning Code requirements. major st ructural defects and immediate hazar to health. safetv and property. • ORDNANCE NO. Section 12 -1507. DUTIES OF EVALUATORS. 1. Each evaluator shall comply with the following: a. Maintain a current licen with one of the recognized cities. b. Conduct all evaluations within. the program's guidelines. e. Meet reauired continuing education requirements established by the recognized cities, listed in Section 12 -1505. 2. Each evaluator shall comply with the following procedure for prenaring and filing renorts: a. The evaluation report shall be either tvnewritten or legibly printed in ink on forms furnished by the city. The report shall indicate whether the condition of the dwelling unit meets city requirements. is below city requirements or is deemed to be hazardous at the time and date of the evaluation. b. The evaluator shall submit the original evaluation rep_ ort to the seller. The evaluator shall keen a duplicate copv. Section 12 -1508. CORRECTION OF IMMEDIATE HAZARDS. 1. The following items. when discovered by the evaluator. shall be identified as immediate hazards in the evaluation report: a. Heating systems that are unsafe daze to burned out or rusted heat exchangers. • burned out. rusted or plugged flues. no vent. connection with unsafe gas supplies or incapacity to adeauately heat the living space. b. Water heaters that are unsafe due to burned out or rusted heat exchangers, burned out. rusted or plugged flues. no vent. connection with unsafe gas supplies or lack of temperature and pressure relief valves. c. Electrical systems that are unsafe due to dangerous overloading, damaged or deteriorated equipment. improperly taped or spliced wiring, exposed uninsulated wires. temporary distribut sys tems. or ungrounded systems. d. Plumbing systems that are unsanitary due to leaking waste systems. fixtures or trans. lack of an operating toilet. lack of washing and bathing facilities, cross connection of municipal water supply with fixtures or sewage lines, or the lack of water. e. Structural systems including walls. chimneys. ceilings. roofs. foundations, floor systems or decks which are not capable of carrying imposed loads. f. Exterior roofs. walls. chimnevs and foundations that are not weather tight and water tight to the extent that it creates an immediate hazard. Abandoned storage tanks. h. Lack of operational smoke detectors located in accordance with the ap_ plicable provisions of the Uniform Building Code. ORDNANCE NO. ?. No occunancv shall be permitted of any dw elling unit if vacant and an immediate hazard exits. If the dwelling unit is occupied and an immediate hazard exists, corrective actio sh all be taken by t owner o r agent of the owner. All required renairlreplace items must be completed by the buyer or seller within ninetv (90) days of the date of the disclosure renort whether or not the property is sold, unless otherwise excepted by this ordinance. 3. When correcting identified hazards. the owner shall obtain all necessary Hermits from the city and the premises shall, be subject to inspection by an evaluator prior to occunancv of the dwelling. a. When identified hazards. not requiring a permit from the Citv, are corrected, thev shall be re- inspected by an evaluator. When the identified hazards are corrected, the evaluator shall indicate this on the evaluation report. b. When identified hazards. rPgtii.rina a permit from the Citv, are corrected, thev shall be inspected by a Cit Building Ins pector as part of the permit inspection process. When the identified hazards are corrected. the inspector shall indicate this on the evaluation renort. 4. The buver may ente into an agreement with t he seller that provides that the buver will correct the hazardous items Such. agreement shall include the following provisions, at a minimum: a. a signed agreement from, the buver accepting_ resp_ onsibility for correction of the, hazardous items: b. reasonable completion dates ' more than 90 days after buver takes nossession): c. evidence of finan abili to per the corrections. The buver shall comp_ lete t correction of ident immediate hazards by the specified com pletion date. 5. If the owner is a government agency or if an agreement exists between the owner and buver that the buv will correct immediate hazard as part of a remodeling proiect.. the buver may correct immediate hazards_ identified in the evaluator's renort. A buver intending to correct immediate hazards must have written consent from the Issuing Authoritv. Such written consent may be subiect to the terms and conditions, including: a. a signed a greement from the bu yer accepting resnonsibility for correction of the hazardous items: b. reasonable completion dates (n.o more than 90 days after buver takes possession): ORDINANCE NO. c. evidence of financial ability to perform the corrections. The buv_ er sha ll complete the correction of identified immediat hazards by the specified completion, date. Section 12 -1509. FAILURE TO COMPLY. 1. The failure of any owner agent of an owner or buyer to comply with the provisions, of Sections 12 -1 through 12 -1512 or to com ply with an order issued by the city pursuant to this Code. shall he a misdemeanor. 2. The failure of anv evaluator to comply with the provisions of Section 12 -1505 shall. be a misdemeanor and may result in de- certification by the city. 3. The city may also enforce provisions of Sections 12 -1501 through 12 -1512 by mandamus. in or other appropriate remed in a court of competent iurisdiction. Section 12 -1510. WARRANTY LIMITATIONS. 1. Nothing in the eval uation report shall in dicate or shall be deemed to indicate that a. dwelling unit meets all m inimum maintenan housing and building standards.. 2. Evaluations cond pursuant to Sectio 1 501 through 1512 are made in order to, improve the overall hou stock in the city and are not meant to be a warrantv or guarantee of the dwel unit evalu ated, The report issued by the evaluator is not a representation to a individual buver, s eller or renter regarding the condition of the building nor is the report intended for the special benefit of anv individual.. 3. The Citv of Brookly Center shall not incur l iability to a buyer or anv other person, by reason of pe rformance or non - performan of the provisions of Sections 12 -1501. through 12 -1512. Section 12 -1511. IMMEDIATE HAZARDS. 1. When the are immediate hazards as defined in Section 12 -1508. the evaluator shall, file a copv of the evaluator's renor with, the City Building Official under the. following circumstances: a. The immed hazards identified in th e evaluation report are hazards rec uirina a building hermit for their correction: b. The evaluator his not re- inspected the property and determined that the. immediate hazards identified in the evaluation report. have been corrected within, 90 days of the date of the disclosur report according to the requirements of Section 12 -1508. 6 ORDINANCE NO. Section 12 -1512. APPEAL. A person aggrieved by a d ecision, notifi -ation or order under this ordinance may appeal such decision. notification or orde to the council tivhi may reverse. modify_ or affirm the same after a hearing upon notice to the appellant. The gpneal must (i) be in writing. (ii) snecifv the decision. notification or order appealed form. (iii) Specify with particularity the basis and grounds of the anneal, and (iv) be filed with the clerk on or before_ 20 days following_ the date of the decision, notification or order. Section 12 -1513. EFFECTIVE DATE. Sections 12 -1501 through 1'? -1512 shall he effective for dwelling units conveved on or after January 1. 1999. Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of , 1998 Mayor ATTEST: City Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) 7 � No. 2 Recent Information From the Minneapolis Area Association of Realtors Regarding Inspections and • Trends • MINNEAPOLIS AREA ASSOCIATION OF REALTORS` YOUR PROFESSIONAL EDGE"' January 4, 1999 Tom Bublitz Community Development Specialist City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn? Center, N N - _5 430 _ Dear Tom: I have enclosed a copy of an article about the revised Minneapolis Truth in Housing ordinance which became effective on January 1, 1999. The article was published in the Saturday Homes section of the Star Tribune on December 19, 1995. It is of interest to note that Tom Wigfield, city inspector for Saint Louis Park, is quoted in the article in response to a recent home inspection in Saint Louis Park in which another problem with the property was discovered when re- inspected by Mr. Wigfield. He stated in the article, "City inspectors have certain limitations. A buyer's inspector takes much more time and is much more thorough. That's really the way to go." This and other statements in the article reinforce the Association's position that as more and more buyers hire independent housing inspectors as part of the transaction, the belief that cities should impose their own less comprehensive housing inspection ordinances is (greatly reduced. Sincerely, Bill Gerst Chief Operating Officer • 5750 Lincoln Drive Minneapolis, Minnesota 55436 -1694 Phone: 933 -9020 ® Saturday H DECEMBER 19, 1998 I SECTION � ri r in • � r �n �= ►=lt= 1- .1.1�- ..IIi =..K 11t��ll Jlll lip =� StarTribune 1'linneapolis' new truth -in- sale -of- housing ordinance may catch buyers and sellers unawares. It will require some homeowners to make repairs to meet basic health and safety requirements before a deal can close. R ea d f or _ inspection Realtor Marla Montgomery of Coidwell Banker Burnet took notes during a recent presentation on the new truth In sale of housing ordinance that goes Into effect Jan.1 In Minneapolis. Q ;� Stephanie .yam fir. Hendrickson, shown at left In photo with her son, Jimmy, and rX t daughter, Anna, dls covered some == t f !6 defects not found In I the Inspection when she bought this - home in St Louis Park. While that sub. urb has a sJmliar or& nance t'the one j Minneapolis adopted, - both the Initial Inspector and city re- Inspector didn't flag a wet basement and " missing chimney i poet. F. y }j � Star Trbune pfatos by Duane Braley Y S elers m inneapol tes By Jim Buchta the purchase agreement in June, she not displayed at the house that's for sale. Star Tribune Staff Writer learned the house had defects that weren't Hendrickson admits that failing to hire flagged by the initial evaluator or by the her own independent home inspectol Beginning Jan. 1, a new Minneapolis city re- inspector, who is only required to before signing a purchase, greement was ordinance will require people who sell examine items flagged by the evaluator. a mistake. houses in the city to have the houses One problem was a wet basement, "l figured, it's in black and white - �`f' examined to make sure that they meet a apparently caused by a poorly graded you get this important looking ce rtifi list of basic health and safety re- yard. The evaluator noted that the cate from the city that says that two Yr quirements. basement had evidence of staining and people have inspected this house, and it The ordinance is an enhancement to that there were two low- graded areas in seems like this was enough," she said. "I the truth -in- housing disclosure state- the yard. took that report at face value, and it w° ment that the city already requires — The city inspector, Tom Wigfield, who wasn't accurate." but the new law will require fixing cer- also is manager of St. Louis Park's housing Wigfield agrees that home buyer~ tain defects, not just notifying buyers inspection program, reinspected the must not rely on the truth All - huusirtg about them. house to make sure that repairs had been report as a warranty. Before you list a house for sale, you'll made, and it appeared that someone had City inspectors "have certain Ihnita- While it comes ivith a have to hire a city - licensed evaluator who solved the problem by dumping a couple lions," he said. "A buyer's inspector take~ disclaimer, some people get will inspect i I items and conditions that of buckets of dirt into a low spot near the much more time and is much more thm - the city deems hazardous to health and foundation. So he issued a certificate of ough. That's really the way to go. the wrong impression about safety. The evaluation does not include an approval. But the extra dirt didn't solve the the report's extent and pur- assessment of indoor air quality or problem, and Hendrickson is facing a cou- More on the new la w pose. require testing of combustion appliances. ple of thousand dollars in repairs. > Will Minneapolis profit from the "I figured it's in black and Before closing, the seller must correct In retrospect, Wigfield said he wished ordinance. Not likely, said building in- problems or make arrangements with the evaluation would have been more Spector Lynn Ogren. While repairing white —you get this impor- the buyer to do so. Then a city inspector specific about where the drainage prob- truth -in- housing problems will some - tant- looking certificate from ; will reinspect the house before issuing a lems were. times require fee - generating building per - certificate of approval. Another problem arose when Wigfield mits, the city is simply hoping that the the city that says that two White the ordinance is intended to came back to Hendrickson's house after money will cover the costs of the program. i people have inspected this improve the safety and condition of the closing to discuss the water problem, > Will the inspectors be educated house, and it seems like this ; city's housing stock, there is concern and he discovered that a metal chimney and certified? Tile evaluators must be that it will slow home sales by delaying liner, noted in the inspection as pre- licensed by the city. They also mast pass teas enough.... I took that � , closings. sent," was missing. a " test, pay a certification fee and attend report at ace value and it i p .f � There's another concern, as well -- Because the reinspection is consid- a four -hour training class. Evaluators al- , wasn't accurate that home buyers will get a false sense of ered a public service, St. Louis Park is ready licensed with the city will not have security that the house has been thor- not liable for failing to note the drainage to take the test. — Stephanie Hendrickson, St Louis Park oughly inspected- and that they don't problem at Hendrickson's house. She is > Will the city hire more inspec- 1 resident who discovered defects in her ; need to worry about potential defects. seeking compensation through the pri- tors? "There are now about 30 inspectors recently purchased home that weren't ; vate evaluator's "errors and omissions" in the trades and building department, detected by the evaluators. ; Problems can be missed insurance policy for his failure to note which has approval to create four new Consider, for example, the case of the missing chimney liner. positions, including three inspectors and Stephanie Hendrickson, who in Septem- Hendrickson's biggest complaint one office support job. ber bought a house in St. Louis Park, one about the St. Louis Park ordinance is > How much is the evaluation fee? of several metro -area suburbs that has a that even though the paperwork has dis- The seller will pay an evaluator's fee truth -in- housing ordinance similar to claimers saying it is not a buyer's inspec- ranging from $85 to $150, including if the one in Minneapolis. tion, she believes there is a suggestion $20 filing fee paid to the city by the The house had a certificate of approv- that the truth -in- housing evaluation is evaluator. In most cases there won't be a al indicating that it had passed the city's some kind of assurance of quality. charge for the reinspection. requirements, which are much stricter "It's misleading," she said, adding than those in Minneapolis. that she thinks the evaluation docu- But shortly after Hendrickson signed merits ought to be kept by the city and INSPECTION continues on next page SAT1111DAY, DECE`IBEH 19. 1998 STAR TRIBUNE • PAGE HS INSPECTION from previous page New inspection rules » > Are properties that are con- ... . . ...... . . . ... ................................. . ... u Lowest Rates demned or foreclosed upon exempt Items that must be . from evaluation? Foreclosed properties d repaired or replaced s i o not need an evaluation to transfer ownership to the lender or to another > Lack of properly located or operational government agency such as the Depart- smoke detectors meat of housing and Llrban Develop- >Brokenorjaggedglass. uient or the Minneapolis Communitv >Unsafe heating systems, which may t � Development Agency. need to be certified as safe by hiring a An evaluation will be required if the licensed contractor. I A agency sells a house to a private > Unsafe water heaters, including those "Lowest Fees party. Properties condemned for hazard- with missing or broken pressure -tem- ous conditions will require an even more perature valves, controls or discharge .Refinance or Purchase stringent code compliance inspection. pipes > Will inspections be required for > Unsafe electrical systems, usually • Debt Consolidation townhouses and condominiums? exposed wires and ungrounded or • All Credit Welcome The ordinance applies to all town- improperly fused systems. houses and one- and two - family houses. > Unsafe plumbing systems, includin Lo.A,mos F ININCIAL , those with missing water pipes, open - The sellers responsibility ings in waste /vent lines and missing . > Is the seller responsible for order- clean-out plugs in floor drains. ing the inspection? > Lack of utilities (gas, water, electricity). Yes. All owners are required to hire a > Unsafe structural systems, such as bro- A ny statamcrt 4 cumnt i-n ­ms and amJmoro Pn. city- licensed truth -in- housing evaluator ken or deteriorated basement or exte- �,d,J by 6—rne a nut an utter a. toter, uuo a lu" `f., w perform an inspection and file a dis- rior steps. 'r— ficmmmtra . r nte. ,KA. Anv—h „tf<rma, closure report with the Minneapolis In- > improper and uncapped gas lines. °nt,hemader ,u,ntn,hwst. „nmasm ^ „ ^it.:ea spections Division when the house is > Excessive and disorganized storage of listed for sale. newspapers, clothing and other items. The city will consider the house for sale > Gross unsanitary conditions including if it is advertised for sale, if there is a garbage or other unsanitary materials. signed listing agreement with a real estate _ agent or if a "for sale” sign is posted. Items that would not have You mast have an evaluator's report to be re aired or replaced GRA- p hand before showing a house to P P �E prospective buyers. > Roofs. Of new tie: If the inspector doesn't find anything > Missing storm or primary windows or MILLENNIUM MORTGAGE that needs repair or replacement, the doors Inspections Division can issue a certifi- > Missing window sashes. WholesC cate of approval to the ov ner /seller. > Holes in walls and ceilings If items are in need of repair or re- > Peeling paint Refinance placement, then the owner /seller will > Torn carpeting and broken tiles receive a packet with information on > Plumbing'S'traps. . what needs repair or replacement and > Galvanized plumbing systems, if they • Loans to $3 Million • FREE Pre what work requires a permit or must be are functional • No Money own Programs • 5 done by a licensed contractor. > Below- standard 30-or 60-amp electrical y o After repairs are made — regardless service, which does not have to be of vvho makes them —the reinspection upgraded to 100 amps unless tam- We sh Dozens of Banks to vet a must be done by a tiny inspector. pered with or with improper fuse& you the BEST RATE and the > How soon after I list for sale or > Lack of laundry facilities or floor drain, advertise my property do I have to > Partial basements and crawl spaces. LOWEST CLOSLNG COSTS! schedule an evaluation? You must have an evaluation by a licensed evaluator or an appointment for an evaluation within three calendar days of any such action. regardless of whether the house sells? > How is this different from the Yes, if an inspection has been performed. truth -in- housing disclosure report that > How long is the evaluation valid? Minneapolis now requires? The truth- The truth -in- sale -of- housing disclosure in- housing inspection did not require report is valid for one year or one /'A �f��I WV r</ Vi repairs, just disclosure of problems. change in ownership. (,ilGf�.1 > Will the seller still have to fill out a > How will the city know if I'm sell - disclosure form? Yes. Sellers or agents for ing my house? The city will track calls luxury townhome living in a secluded Minn the sellers must disclose whether or not from evaluators seeking information from finest in maintenance free living with main there has been any flood damage, sewer the city about a property being listed for suites in spacious 2 and 3 bedroom back -up or water seepage. The evaluator sale. Ogren said that city employees also will ask the sellers to fill out this section of will spot -check ads and far -sale signs. plans! You'll enjoy unique living the report. Sellers also must disclose the Title and closing companies also will be spaces, master suite walk -in closet, age and condition of the roof, although required to have a certificate of approval and lian all appliances a repairs of roofs and water damage usually before closing. If they don't, they may be central air, ` are not required unless they could cause a penalized. enormous storage space throughout. structural failure. > What if I don't order an inspec- — > What are the expected average tion or don't make the necessary re- cost of repairs? Building inspector pairs? Failure to comply with the erdi- r y !;ss! ;�r•wa Ogren estimates S300 to S800. nance or to make repairs may be a 94 of the > Who pays? Usually the seller, but misdemeanor and it may result in a fine, PLYMOUTH W too' of near: it's up to the buyer and the seller to jail time and failure to close the sale. 0.- 44. Cedar _ negotiate the cost. > When do I have to provide the cer- Center Does a certificate of a > roval tificate of approval? At the closing, MtNNE- �,•.•` cove: PP PP g, toNKa to have to be issued before closing? Yes, unless the seller and buy rev onsibil er both sign an *, T IVS just 10 unless a conditional certificate of a a reement that transfers the � i g P r S proval has been issued.. it}' for the repairs to the buyer. The 169 ^ go left Will this delay my closing? Ogren Inspections Division may issue a condi- � OPEN - suggests allowing seven days to schedule tonal certificate of approval, and then a ti ® a reinspection. She said delays are more final certificate when repairs are done. likely to occur when repairs are needed. I nformation call: 651-7. > Do the repairs have to be made INSPECTION continues on N11 snue eariy Oi tohri. when the average l he rates do not utc lucic° acid -on fees the house ;natures a va k -out uasnmeni. vau:' reached :t 31 -vear low of 6.49 percent, known as points, lchich averaged at or breakfast bar and a maintenance -free exterior ,vit' The average has remained below 7 per- just under I percent of the loan amowtt cent since mid -June. It reached 7.22 per- for all three tvpes of mottgages. 'Price when judged cent in late April, its peak for the vear so — Associated Press far. — The Home Platt is a regular feature of f m or hoes that were selected as award u the Builders Association of the Ttvin Citit interior design firms and others with know ECTION from H5 construction. Sketches are provided by infonmation on a specific plait, call the build( Required repairs noted by inspector must be made even if house not sold > Do I have to get a certificate of and that the city does not assume any approval every time I try to sell my responsibility or liability in connection house? The evaluator's disclosure report with the inspection. is good for one year from the date of Buyers can appeal an inspector's de- '•�. issue and only for the owner named on cision by complaining to the Truth -in- '. the report. Sale -of- Housing Appeals Board. It will I = - > If I list my house for sale before cost $100 to file the appeal, which must Jan. 1 but the sale doesn't close until be made within 30 days of the evalua - after Jan. 1, do I still have to comply tion. Call 612 - 673 -3961 for information. with the new law? Home sellers who The appeals board may examine the , obtain a truth -in- housing report before conduct of the evaluator. Jan. 1 will not have to comply with the Evaluators are required to carry "er- new law. rors and omissions" insurance, which > Am I also required to have a code might cover some problems. If evalua- compliance inspection? No, only if the tors violate the licensing provisions of € property is condemned for hazardous the ordinance, they may be guilty of a conditions. misdemeanor. The buyer's responsibility > How thorough is the inspection? y p y Will the inspector be required to look > Can the buyer make the repairs behind furniture, in attics or behind _ or agree to make the repairs after the fuse box doors? closing? Yes, if the seller enters into an No. This is a very limited overview of agreement with the buyer before the buildings and fixtures — basically a visu- € Master #r, g. The seller must submit a "re- al inspection. suite tbility agreement," signed by the For example, the evaluators are not ga to the Truth in Housing depart- required to turn on the pilot light for the ment, which issues a conditional certifi- furnace or the hot water heater. (If the '• Cate of approval to be presented at pilot light isn't on, the sellers may be ..r\ _ closing. responsible for having the appliance cer- -- - Repairs must be completed within 90 tified by a licensed contractor). days of closing, and then the Truth in Evaluators also are not required to Housing department must be contacted use a ladder to inspect the roof, nor do for a reinspection by a city inspector. If they have to inspect inaccessible spaces € lj Bedroom t satisfactory repairs are made, then a cer- or move furniture. They also don't have it t tificate of approval can be issued to the to note information about the presence - buyer. of formaldehyde, lead paint, gas, asbes- r > Will the evaluators or inspectors tos, wood stoves, fireplaces or air condi- v tell me if the house doesn't meet build- tioners. Ing code? Not necessarily. This is not a They also don't have to remove and code - compliance inspection. The evalu- look behind the fuse box panel. ators have a set list of items they are > Does the Minneapolis Communi- I Garage # responsible for evaluating. If they see ty Development Agency have any mon- something that is below code but is not a available for repairs? y P mentioned in the report they may make The MCDA has several loan programs a note of it, but they are not required to for owners, but may add other programs i comment. targeted at people with inspection com- � Nothing in the evaluator's report liance problems if there's a strong de- i r t f P P g t t: guarantees or warrants that a dwelling mand for such loans. Homeowners also meets all minimum maintenance, hous- may be eligible for an extension of time —rte ing and building standards. to fix problems. > What happens if an inspector fails — The full text of the ordinance can °• to note a hazardous item? Can buyers be seen at http: / /www.ci.minneapolis. sue the inspector? Do they have re- mn.us in the "Ordinances Recently Pro - € course against the seller? Can they posed and/or Passed" category. force the city to pay? e certificate of approval plainly t hat it is not a guarantee or a warranty to the buyer, seller or renter � No. 3 A Question and Answer Sheet on the Proposed Ordinance as Updated by Tom Bublitz CITY OF BROOKLYN CENTER PROPOSED TIME OF SALE HOUSING INSPECTION PROGRAM QUESTIONS AND ANSWERS The purpose of the proposed Time of Sale Housing Inspection Program is to provide potential purchasers with information about the condition of a dwelling and would require the correction of items defined as inunediate hazards. The following list of questions and answers provides information on key elements of the proposed Time of Sale Inspection Program. What dwelling units are affected? All single family and two family, including condominiums and townhouses. Mobile homes are included. • When must the property be inspected? The property must be inspected and a report form completed prior to offering the property for sale. The Housing Evaluation Report must be available for review by potential purchasers at all tinnes that the property is offered for sale. Who does the evaluation? The seller can choose any licensed independent housing evaluator who maintains a current certificate of connpetency from the City of Bloomington, Minneapolis or St. Paul. These cities provide for testing and certification of private housing evaluators. The City will maintain a list of private housing evaluators who meet the certification requirements of the cities designated in the City of Brooklyn Center's proposed ordinance. Evaluators must request to be placed on the list and show proof of the required insurance. What does an evaluator do? The evaluator will examine the dwelling's visible structural elements; heating, electrical and plumbing system; and other components of construction. The evaluator will look into accessible, unoccupied areas such as attics and crawl spaces, but will not take apart any building components. The evaluator cannot identify conditions that are hidden and inaccessible. How much does it cost? • Based on similar programs in other cities, the initial evaluation report may cost the seller $100 to $125 for a single family home inspection and $125 to $135 for an evaluation report done on a duplex. This is an estimate only and the actual fee will be negotiated between the seller and the private evaluator. If hazardous items are noted in the initial evaluation report that do not require permits and it is necessary for the private evaluator to re- inspect the property to evaluate correction of the hazardous items, the inspector may charge an additional fee. Hazardous items requiring permits to correct will be reinspected by City building inspectors. Standard building permit fees will be charged for these items. How are corrections of hazardous items monitored? Men hazardous items are identified by the evaluator, correction of the identified hazardous items must be made. Follow -up on the correction of hazardous items will be done in the following ways: 1. For hazardous items not requiring building permits to correct, private evaluators will follow -up to make sure the items have been corrected. 2. For hazardous items requiring building permits to correct, City building inspectors will follow -up through the normal building permit process to make sure the items have been corrected. • When must corrections of hazardous conditions be completed? The ordinance would require that the seller complete the repairs of any hazardous items identified in the evaluation report within 90 days of the date of the evaluation report, whether or not the property is sold. The ordinance provides an exception if the seller and buyer enter into an agreement to allow the buyer to correct the hazardous items, in which case the buyer must complete correction of the hazardous items within 90 days after the buyer takes possession of the home. Failure of any owner, agent of the owner or buyer to comply with the provisions of the ordinance would be a misdemeanor violation. What are the most common hazardous items called out in housing evaluations? Based on the experience of other cities with similar programs, the following items are the five most common hazards found in housing evaluations. 1. Lack of or improperly installed smoke detectors. 2. Electrical fixtures and cover plates. These include outlets and junction boxes with missing cover plates and broken or cracked switches, outlets and fixtures. 3. Bachflow prevention devices. Protection of potable water for inhabitants of a dwelling (and also the city water supply) is of great importance. In most cases, a hazardous hater supply condition can be corrected by adding an anti- siphon backflow prevention device to the water supply. Common locations where a backflow prevention device is required are: a. Outside garden hose connections. (All must be protected). b. Laundry tubs with a threaded faucet for a hose connection. c. Hand -held shower sprayers that could hang into tub water. Other locations where backflow or siphoning could occur are toilet ballcocks that are not located above the tank water line, any faucet that discharges below the spill line of its receptor, and lawn irrigation systems having improper backflow protection. These hazards must also be corrected. 4. Garage door openers. Many garage door openers are plugged into extension cords. This type of wiring is a Hazard. All garage door openers must be plugged directly into approved outlets. An electrical permit must be secured to install a new electrical outlet. Other appliances which cannot be connected to extension cords are water softeners, window air conditioners, washing machines, clothes dryers, sump pumps and other "permanent" appliances. 5. Electrical ground. Electrical systems must be properly grounded. One of the areas where grounding is required (and many times omitted) is around the water meter. A #6 wire (a #4 wire if electrical service is 150 anip or greater) is required to be attached i to the house side of the water meter with an approved clamp and also to the street side of the water meter with an approved clamp. Is the evaluation a warranty? No. 77ie evaluation is not a guarantee or warranty. The Housing Evaluation Report will be completed through visual inspection of the property. The evaluator cannot guarantee that problems will not occur after the inspection. G^, DEPTS \EDA \BUBLITZ\OTHER \TI`lESALE.QA • No. 4 November 18, 1998 Memorandum From Tom Bublitz Including the Realtor Survey and Other • Materials When the Ordinance was Referred from the Housing Commission and June 18, 1998, Memorandum From Tom Bublitz • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Tom Bublitz, Community Development Specialist 1 DATE: November 18, 1998 SUBJECT: An Ordinance Amending Chapter 12 of the City Ordinances Implementing a Time of Sale Housing Inspection, Requiring an Inspection, Disclosure of Consumer Information Concerning the Condition of a Dwelling Prior to its Sale, and Correction of Certain Hazardous Conditions In a motion made at the June 22, 1998 City Council meeting and clarified at the July 13, City Council meeting, the Council voted to send the proposed Time of Sale ordinance back to the Housing Commission and allow the Housing Commission three meetings to review the ordinance and data from the i Area Association of Realtors regarding buyer inspections. After three meetings the Housing Commission was directed to report to the City Council with a recommendation. The Housing Commission met in July, August and October to address the Council's directive. The • Housing Commission did not meet in September since their meeting date fell on Primary Election night. At the October 20, 1998 Housing Commission meeting, the Housing Commission reviewed the Council's concerns regarding the Time of Sale ordinance and made a final recommendation to the City Council regarding the ordinance. The Commission's recommendations were as follows: The Housing Commission, on a 5 -2 vote passed the following motion: • The Housing Commission moved to incorporate the language from the City of itilinneapolis' ordinance regarding the requirement to correct hazardous items even if the house does not sell. This was done to clarify the proposed Brooklyn Center ordinance. The Minneapolis ordinance language reads "all required repair /replace items must be completed by the buyer or seller within 90 days of the date of the disclosure report whether or not the property is sold, unless otherwise excepted by this Chapter ". • The Housin Commission's motion also requested that Section 12 -1511 L MMEDIATE HAZARDS should be clarified particularly paragraph b in Section 12 -1511 of the proposed ordinance. Staff incorporated the revisions recommended by the Housing Commission into the proposed ordinance. The ordinance, as amended per the recommendations of the Housing Commission is • included with this memorandum as ALTERNATE (AMENDED). The "Alternate" ordinance was the version of the ordinance that was published. The amended version contains additions recommended by the Housing Commission at their October 20, 1998 meeting. No deletions were MEMORAINDUM Michael J. McCauley Page 2 made to the original "Alternate" ordinance and the language added is shown in bold face type which sets off the added language from the original published language. The additions in the amended alternate ordinance incorporate language from the Minneapolis Time of Sale ordinance in Section 12- 1503 paragraph 2 and additions clarifying Section 12 -1511 are found in Section 12 -1511 and Section 12 -1508 paragraph 3(a) and (b). Also, 12 -1508 5(b) is amended to extend the 90 day correction period when the buyer does the correction of hazardous items. MINNEAPOLIS AREA ASSOCIATION OF REALTORS TLWE OF SALE POLICY AND DATA ON BUYER INSPECTIONS The Housing Commission received and reviewed data from the Minneapolis Area Association of Realtors on buyer inspections. The IMinneapolis Area Association of Realtors report on buyer inspections is included with this memorandum along with their policy on Time of Sale Ordinances. ADDITIONAL BACKGROUND INFORJATION Also included with this memorandum is the October 20, 1998 Housin Commission minutes and excerpts from previous City Council minutes relative to the Council's discussion of the Time of Sale ordinance. i G :\DEPTS\EDA\BUBLr 'YIEtifOS \1993\.tifSIC1.118 ALTERNATE (AMENDED) CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 22nd day of June, 1998, 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 amending Chapter 12 of the City Ordinances Implementing a Time of Sale Housing Inspection, Requiring Inspection, Disclosure of Consumer Information Concerning the Condition of a Dwelling Prior to its Sale, and Correction of Certain Hazardous Conditions. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 12 OF THE CITY ORDINANCES IMPLENIENTING A TIME OF SALE HOUSING INSPECTION, REQUIRING INSPECTION, DISCLOSURE OF CONSUiMER INFORMATION CONCERNING THE CONDITION OF A DWELLING PRIOR TO ITS SALE, AND CORRECTION OF CERTAIN HAZARDOUS CONDITIONS - THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 12 of the City Ordinances of the City of Brooklyn p y ty rootclyn Center is amended by adding the following: Section 12 -1501. PURPOSE. The purpose of this Section is to enhance the supply of safe. sanitary and adequate. housing for citizens of the city of Brookly_ n Center and to prevent the deterioration of existing housing. a Section 12 -1502. DEFINITIONS. The following words and terms when used in this Section shall have the following meanings. unless the context clearly indicates otherwise: 1. "Dwelling" - a building, or portion thereof. designed or used predominantly for residential occupancy of a continued nature, including one - family dwellings. two - family dwellings.. and multiple family dwellings: but not including hotels and motels. 2. "Dwelling Unit" - a single residential accommodation which is arranged. designed. used or. if vacant. intended for use exclusively as a domicile for one familv. Where a private garage, is structurally attached. it shall be considered as part of the building in which the dwelling unit is located. 1"Mobile home" - (in cludes "Manufactu Homes). A sin fa mily detached dwelling unit designed for year -round nccuna constructed at a fa ctory or assembly plant and drawn to the site on atta under carriage and wheP15. "tit Home' shall not include ORDNANCE NO. "Recreation Vehicle" as herein defined, nor shall it include modular or prefabricated dwelling_ units_ which meet or exceed the re quirements of the Uniform Building Code. "Evaluation report" - a written report prepared and signed by a person licensed as a. time of sale housing evaluator in a community recognized by the Citv_ of Brooklvn Center on a form, in compliance with Section 12 -1506 of this Code., "Tmmediate hazard" - a condition or defect which is likely_ to cause iniury to a person or propertv if not corrected. "Issuing Authority" - the City Manager or his/her designated representative. "Owner's Agent" - a person who acts for or has the power or authority to act for the owner of a dwelling unit. "Sale" - the transfer of title or possession of a dwelling_ unit whether or not absolute title is transferred. "Vacant" - a dwelling unit which is not occupied. Section 12 -1503. E 1SPECTION AND EVALUATION REPORT REOUIRED._ 1. Except as set forth in Section 12 -1504 of this Code. no dwelling unit or mobile home located within the City may be voluntarily conveyed for consideration by deed or contract for deed until the owner or owner's agent has first applied for and secured an evaluation preoared by an evaluator meeting the requirements under Section 12- 1505 of this Code. 2. A valid evaluation report issued for the dwelling unit in question shall be provided to the buver prior to the execution of a purchase agreement. The buyer shall he supplied a copv of the written report and shall sign a copy acknowledging receipt of that rte_ _ If the structure is in compliance with requirements of Section 12 -1508 of this Code. the evaluation report shall stag that the structure has been inspected and is in conformance. An evaluation report is valid for one year from the date of its issuance. The report is valid only for the owner listed on the report. No uerson shall offer for sale by exhibiting or showing a dwelling unit within the city without having first obtained an inspection and evaluation report as described in this Section. The evaluation report shall be conspicuously displaved for inspection at the premises at all times that such dwelling unit is being offered for sale. Section 12 -1504. EXCEPTIONS. The provisions of Section 12 -1503 do not apply to: 0RDLNI AINCE NO. L Anv newly constructed dwelling unit when title is transferred to the First owner., 2. The sale or other transfer of title of any dwelling unit to a public body.. 3. The sale or transfer of title of any dwelling unit for the purpose of demolition. 4. The sale or conveyance of any dwelling unit by a sheriff or other public or court _ officer in the performance of their official duties. This exemption does not apply to, the sale of a dwelling unit by a person appointed by a probate court. The sale or convevance of anv entire multiple family building. Section 12 -1505. EVALUATOR REOUIRE)JENTS. 1. Evaluators conducting evaluations and completing evaluation resorts under this Code must maintain a current unexpired Certificate of Competency issued by the Citv of Minneapolis. St. Paul or Bloomington. The City Council mav, by resolution., recognize Certificates of Competency from additional cities. Evaluators must also show nroof that he or she has a current unexpired Certificate of Competency from at least one of the aforementioned recognized cities. 2. Evaluators conducting evaluations and completing evaluation reports under this Code shall also show proof of general liabilitv insurance insuring the evaluator with insurance coverages and liability limits which mav be specified from time to time by resolution of the Citv Council. The evaluator shall maintain insurance continuously in force thereafter. The city shall be included as a named insured on the insurance . required herein at the exvense of the evaluator. The evaluator shall furnish the city_ with a certificate of insurance which meets the city requirements. 3. The city shall maintain a list of the names and telephone numbers of evaluators who meet the requirements of this section. The list shall be available to the public. Section 12 -1506. FORMS. The city shall prepare or authorize use of forms as it deems appropriate to constitute a disclosure under Sections 12 -1501 through 12 -1511. The form shall provide information concerning Code requirements. maior structural defects and immediate hazards to health. safety and property., ORDINANCE NO. Section 12 -1507. DUTIES OF EVALUATORS. 1 Each evaluator shall comply with the following; a ;Maintain a current li.cen,sc- with one of the recognized cities. he duct all evaluat withi the nrogram's guidelines. e. Meet required continuing education requirements established by the recognized . cities, listed in Section 12 -1505. 1. Each evaluator shall comply with the following procedure for preparing and filing, reports: a a. The evaluation report shall be either typewritten or legibly printed in ink on forms furnished by the city. The report shall indicate whether the condition of the, dwelling unit meets city requirements. is below city requirements or is deemed to be haza at the time and date of the evaluation. b. The evaluator shall submit the original evaluation rep_ ort to the seller. The evaluator shall keep a duplicate coov. Section 12 -1508. CORRECTION OF I11v1EDIATE HAZARDS. 1. The following items. when discovered by the evaluator. shall be identified as immediate hazards in the evaluation report: a. Heating systems that are unsafe due to burned out or rusted heat exchangers. burned out. rusted or plugged flues. no vent. connection with unsafe gas supplies or incapacity to adequately heat the living space. b. Water heaters that are unsafe due to burned out or rusted heat exchangers. burned, out. rusted or plugged flues, no vent. connection with unsafe gas supplies or lack of temperature and pressure relief valves. e. Electrical systems that are unsafe due to dangerous overloading, damaged or, . deteriorated equipment. improperly taped or spliced wiring. exposed uninsulated wires. temporary distribution systems. or ungrounded systems. d. Plumbing systems that are unsanitary due to leaking waste systems. fixtures or traps. lack of an operating toilet. lack of washing and bathing facilities. cross connection of municipal water supply with fixtures or sewage lines. or the lack of water. e. Structural systems including walls. chimnevs. ceilings. roofs. foundations. floor systems or decks which are not capable of carrving imposed loads. f. Exterior roofs. walls. chimnevs and foundations that are not weather tight and water tight to the extent th_a.t it creates an immediate hazard. Cr Abandoned storage tanks. h. Lack of operational smoke detectors located in accordance with the applicable provisions of the Uniform Building Code. ORDLN ANCE NO. • ?. No occupancy .shall he permitted of anv dwelling unit if vacant and an immediate hazard exit t e dwelling unit is occup a an immed hazard exists_ corrective action shall he taken by the owner or anent of the owner. All required repairlrevlace items must be completed by the buver or seller within ninetv (90) days of the date of the disclosure report whether or not the vroperty is sold. unle otherwise excepted b y this ordinance. 3_ When correcting identified hazards, the owner shall obtain all necessary permits from the city and the premises shall be subject to inspection by an evaluator prior to, occupancy of the dwelling.. a. When identified hazards. not reauirin; a permit from the Citv. are corrected_ they shall be re- inspected by an evaluator. When the identified hazards are corrected, the evaluator shall indicate this on the evaluation revort. b. When identt fled hazards. requiring a permit from the Citv. are corrected. thev shall be inspected by a Citv Buildin3 Inspector as part of the vermit inspection process. When the identified hazards are corrected. the inspector shall indicate this on the evaluation revort. `'�"F;Thebuvec'maventer - jnTo -fi a ee_rrieii t�iitl the'selle'fliaflirc�vici cha j� fiverwill _ "; ;'; ,w cs,.;, \� a' .w >� ,f aruvi �. Ali 1, b6 S S #teTIIS 'Sl]CI1 3 P�1( I�SIa� ^iI1C�tItE'ICrf<3I(?WIItU j{3VI$�C)IIS� N. >Z:s ' � ?s �'tec���` ��`.%e� ";iv" �.: *�.?t"?�'y :�'F'A..`+. "'s m �:��F >hd�:5t w:r _Rt_ar..�"r"- �;,' =..'x �." fix.- � _ - :Z,:,;a.� • ��. a .� , � . `8t: 3:Tn1€l ,�� �.:.<�w' S c:.:.,:� � �: . '. i��., �T `zr� " �..���,r, - .� -- ' ... � `+.5 =d_i ='. :-p �''.. = ' ^�f «,... �3�3%}C ° � :r .', 'S t.`�i� ..,.:>`` �.. a.•-,• a z:: =�:%`_'� °r3'!E': n,.q.:oG �� a:.� a. a signed agreement from the buver accepting_ responsibility for correction of the hazardous items: 't ':gnahl� comn letioi? f a t (fib iLC?Letanf dasofte buver= talceasess7on� e. evidence of financial ability to perform the corrections. The buver shall complete the correction of i.r?entified immediate hazards by specified completion date. 5. If the owner i a government agency or i f an agreement exists between the owner and buver that the buver will correct immediate hazards as part of a remodeling project. the buver may correct immediate hazards identified in the evaluator's revort. A buver intendin to correct immedi hazards must have w consent from the Issuing Authority. Suc written co nsent may be subject to the terms a conditions including: a. a signed agrreement from the buver accepting responsibility for correction of the hazardous items: ORDLNANCE NO. b. reasonable completion dates (no more than 90 days after buyer takes ,possession): g evidence of financial a to nerform the corrections. The buver shall complete the correction of identified immediate hazards by the speciCjed completion date. Section 12 -1509. FAILURE TO COiv1PLY. 1. The failure of anv owner. agent of an owner or buver to comply with the provisions. of Sections 12 -1501 through 12 -1-512 or to comply with an order issued by the city pursuant to this Code. sh be a misdemeanor. 2. The failure of any evaluator to comply with the provisions of Section 12 -1505 shall be a misdemeanor and may result in de- certification by the city. 3. The city may also enforce provisions of Sections 12 -1501 through 12 - 1512 by mandamus. injunction, or other appropriate remedy_ in a court of competent iurisdiction. Section 12 -1510. WARRANTY LI] IITATIONS. 1. Nothing in the evaluation renort shall indicate or shall be deemed to indicate that a dwelling unit meets all minimum maintenance. housing and building standards. 2. Evaluations conducted nursu�nt to Sections 1501 through 1512 are made in order to improve the overall housing stock in the city and are not meant to be a warranty or guarantee of the dwelling unit evaluated. The report issued by the evaluator is not a representation to any individual buyer, seller or renter regarding the condition of the building nor is the report intended for the special benefit of anv individual. 3. The Citv of Brooklyn Center shall not incur liability to a buyer or any other person by reason of performance or non- T)(rformance of the provisions of Sections 12 -1501 through 12 -1512. - �.... _ . - ect�oi�j °i�- '15w1�1 ~. '�' " ' ; ; r� +�,�.iat °� • �� ;? ,r». �+iwL"kx:"xq.;."v "' 0'�'3+'r� *r, "..:: «'- .,ds:1.. ";i��"". 5� c- FtVlE ' i3���I].J:+... r: P .�Y3•:�''.�«, .;+',��.;,e �`fi.' -S .3'?.. ,.?. -fn� �ur,',''°`�",,+.,..:- . _<:, r��:,: l��VV�1ien °there`are =i�rimedia�hazard�; as= clefi�ied�ic�= �ee�toi €2- 1�t�$;�he�ev`aI�iat�r.��al ,` �^ � . eas �.".ti�Xsi� ? "y�:y •rs:a.,.,1k:'±:.'s.::..`�R.".: . _ "1c e Ifa u z�ila the eval " t rP fln rt wt ;t1�e?Y Bu?f'F? h. -'�.<?��� >.: �?:;.� ��':�.w�c�'v*- ..lr.:,ZEYai. 'tom ^ -x «x• *a;Y_.. a. a::°:.2 'S- <:'4,e,.,nq��, - c. - -` "..r f^� °3e' +aw fie €k' ate•. �.�.. *�'�4� ,�,,... -:� . �, . Fx � s''t +,"- ?"�.`s:�.y ' `a- w',.L:.;�"§- ,:7[$v'= ����8_ ��•�� .. n '"*� � �'s�.Y' • . ..i i ,ta. � S Y^.�i agr�s �•.'^ h�'` � 4 } ;:,� S,�it. u' St��. +rSe anSC. `La,''e:trrini�dfa ha�ardulentz tlz�vamrart aaai�tn= a °15ifflclin_ g�Jt fdrth�t�c.�rr�,etion.'.,� � �y , s + k . � , �4 ... �h"::.�t5�:'."C�Y.: »�:.::� 3«::?""�..�uL:.���•��• y .x ,.,:���. ' y ."'�l�"�. r - ..' Eie evajnac it h �- not re= tr_sveeted t€ze rperty cl�:deter3ruTI p?� - - - ^'�' i ; .',:,. ':Y •.: & � ': ^'? >w: a+o i,wcort +'z'si «:ry -: max- �.0 � �, a' 's7' "" s�= zx ' e 2�i ....c;r ,�, � :•:. v ��, =9(1 �_�iav�•�of- tlie:�'rTuf�:af �e��isclt�� -.re og rt=-= acc ©rrrg�_he :,:::::�:;�..: $�- rei�uar�rn ents r?#`�ecfion'=X�= � ��$„r.:,::�,. .�•.�'�- �� -,�`_ ��-�» - ORDNANCE NO. Section 12-1512. APPEAL A person aggrieved by a decision_ notification or order under this ordinance may appeal such decision. notification or order to the cotuncil which may reverse, modify or affirm the same after a hearing anon notice to the appellant. The appeal must (i) be in writing. (ii) specify the decision, notification or order appealed form (iii) epc;ci fy with particularity the basis and grounds of the appeal. and (iv) be filed with the clerk on or hPfnre. 70 days following the date of the decision. notification . or order. Section 1.2-1513. EFFECTTVE DATE. Sections 12 -1.501, through 1? -151? shill he effective for dwelling_ units conveyed on or after January 1. 1999. Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of , 1998 • Mayor ATTEST: City Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) Time of Sale Housing Inspection Ordinances Minneapolis Area Association of REALTORS' housing e_Yteriors, responding to individual complaints about A primary concern of the'Minne- problem properties, and setting apolis Area Association of RE- up a revolving loan fund to assist TORS" is a healthy housing homeowners with city mainte- nance requiremen stock. This is especially true at a �s resulting time when the majority of hous- from these inspections. a Homeowners would need to ing in our cities and inner ring suburbs shows increasm signs of qualify for these loans and could repay them when the property is • a sold unless the homeowner However, the Association does not continued to Live in the property believe that requiring code com- for a specified 'time before selling pliance at the point of sale will the property. effectively assist a community in maintaining a Healthy, affordable 71 a nurscipality determines there is a need for a point of sale housing market. Point of sale inspections affect only the small inspection program, the Aesocia- percentaa of houses that are sold t.on would support a truth in housinb report by a certified eac.n year (3 to 5 percent in raost •private inspector rather than areas). Nlost problem houses are _ code compliance. a�-�y resolution not for sale at any given time. To increase its effectiveness, a mu- of repairs based on the ins- nicipality should direct its efforts tion should be pr�va- to ncgotia- a tions between buyer and seller at t the problem properties, rather zrme of sale. tlzaan only focus on point of sale insneciions. l For more informar_:on, call This can be accomplished by B'':1 Gerst at the Association, q83 -31 _I. general inspection sweeps of ?� 1993 . BUYERS HOtiIE INSP EC`1 OCTOBER 1998 NfINNEAPOLIS AREA ASSOCIATION OF REALTORS A growing number of buyers are hiring s private home inspe to conduct a thorough . This trend has developed over the base rocess p action of the roe as p insp property rty art of the pure P past three to five years due in part to the fact that an increasing number of buyers have real estate agents representing them in the home purchase process. The buyer's inspection provides buyers with an inspection report detailing the condition of the property. A home buyer's inspection takes approxmiately 3 hours to complete and oftentimes the prospective homebuyer accompanies the inspector through the property. These buyer initiated home inspections are more thorough than any time of sale home inspection programs mandated by city governments. The .Minneapolis Area Association of REALTORS (Ni LkAR) has surveyed its members to determine what percentage of buyers hire a private home inspector as part of the home buying process. The survey was conducted by asking the Board of Directors and Le2islativefPolitical Committee members, publishing an article and response form in our newsletter, and asking brokers and office managers to conduct a survey in their offices. s ;Yt.kAR did not ask members to tell us the number of sales involving buycI''s inspections, only the percentage of home buyers who hired a private inspector. Using percentages rather than total sales makes it difficult to make direct comparisons. However, "i collected percentages rather than total sales to protect the individual office and agent sales figures. The following charts indicate the location of the office, not the name of the firm. Keep in mind that just because gn office is located in a particular community, it does not necessarily follow that the majority of that office's sales occurred is that same cu►illiiunity. OFFICE SALES - BUYER'S T`iSPECTION REPORTS LOCATION NUNI MER OF AGENTS PERCENTAGE OF SALES 1. South Minneapolis 12 75% 2.1: diva 22 95 - 9 8% 3. Plymouth 77 65% 4. Eden Pra�*ie 37 68% 5. Prior Lake 29 53% 6. Brooklyn Center 49 80 % 7. North Minneapolis 7 45% 8. Brooklyn Center 25 9 9. Minneapolis 3 97% � 40 71% 10. Wa),za x Page 2 INDIVIDUAL AGENTS - BUYER'S LNSPEL 1'101N REPORTS AGENT OFFICE LOCATIO`1' PERCENTAGE OF SAXES 0% 1. 'North Minnea 10 polis 70 00 2. St. Louis Park 75% 3. Edina 990/0 4. Edina 90% 5. Edina 98% 6. Plymouth 950/0 7. Minneapolis 80-90% S. Wayzata 67% 9. Wayzata 70% 10. Edina 95% I I. Minneapolis 77% 12. Edina 83% 13. Roseville 60% 14. Brooklyn Center 100% 15. Bloomington 86% 16. Bloomington 90% 17. Wayzata 80% 1 S. Wayzata 91% 19. W ayzata 100% 20. Wayzata 67% 21. Edina 100% 22. Minnetonka 50% 23. Maple Grove 24. Plymouth 00 1 25. Wayzata 1 100% 0% 26. E'dias 90% 27. Edina 50% 28. Wayzata 90% 29. Edina in Buyers also rely on the Seller's Property discloses to the best of his/her knowledgethe residential real estate in which the seller condition of the property at the time it is listed and again at the time a purchase agreement is signed. • The Buyer Inspection Report and the Seller's Property Disclosure Statement provide buyers with a signifleant amount of disclosure concerning the condition of the property at the time of purchase. ~ Page 3 This report includes responses from 301 association members out of total membership (brokers and salespeople) of 4,578, a 7% response rate. 13111 Gcrst Chief Operating Oflieor I (q98 Nor --h. The subdivision would create four new lots for developmeat and one lot which would con a an existing single family home. The prelimnary e plat shows the extension of Indiana ; c Avenue to 1i�.k to .Tune Avenue. All of the proposed lots meet t:`le mirlim ree��rements for single family res'deatial lots. Two Lots wi?1 front on the new road�vay connecting June and Ldiana Avenues; the other two lots will E on Halifax Avenue. The Plarn;.ng COInI111sSion recommended approval of the preliminary plat at its April 30, 1998, meeting. Councilmember Carmody noted in the City Engineer's report there was mention of a portion of the roadway being in the mood plain. Mr. Warren resoonded that a slut portion would be in the 100 year high water level. It was allowable and net uncommon to nave a roadway in a flood plain. Councilmember N_ilstrom raised the issue of notification to the prope�y owners of the dead -end street convey - lg to a through street. vlr. Warren responded u`le regal emeat is to publish the public hearing notice in the local newspaper; however, there is no requi:-e:L ent to individually notiy surrounding property ow ners. There was a motion by Councilmember, Carmody and seconded by CouncIImember Lasman to ^ approve Pla_� -lg Co - - ssior_ Application Nc. 98007 subr_L� by Accessible Homes, Inc. (Doug - Peterson) r°queSting prel?rnlna. y plat approval subject t0 the follow condirions recommended by tide Pla.-am g Cor yrlission: I. 1 ne L pal plat is subject to _ev,ew Pcd approval by :_' ee City Engileer. I Tae �mal plat is Subject to the provisions 0; Chapter 1� Of ine CIC,' OrdLnanCeS. 3. Approprat; d- - e and utillr easements snail be provided around the proposed Lot 1, Bloc 2 ' �a Ll1n�. ace --. t`.ble to the Ciry Ena peer and the required in a� 'r a easements on the other lots be veri`ied, prior to vial plat aporovai. 4. 'This preliminary plat is Subject to the review and approval of the Sly r Q1 Cree' Watershed Co prior t0 Pmal plat approval by the City. 5. Tae applicant Stall enter into a subdivision ageement related to design and co=LL c'don of ^ -s — L L , - ire mprovements, t_e proposed vacation o rlji l OL Way, and utility 'hookups Di :or to f— l plat aDprOVal. Tne motion passed ui_a- 9. COL CONSIDERATION ITEMS 9 a. A;N ORDE` ANCE AMEN+`= G CH. I'TER I? OF THE CITY ORDL`+ ANCES ItiIPLEtiLENTD G A TENT E OF SALE HOUSE G I`iSPECTIO`+, REQL= A`+ INSPECTION, DISCLOSUR CO E OF N SLti�R 5/11/98 -5- D -A IOti CO`iCER.tiL`iG THE ON OF IO',j L H- �Z�ZDOLS PRIOR TO ITS S.kLE, A,: CORRECT Col+ DITI0NS City tilanager tilcCauley e=xplained the ordinance '.vas recommended aLd re "reed to the Council by J P rovide fOL an L1speCtlOn Of a home the HousLng Commission. The purpose of the ordinance is to p. for hazy dour conditions prior to sale. It would be inspected by a Lcensed, qualified inspector. any h conditions would have to be corrected before the closing. Tne ordinance would impact '�- anz does condition. city staff in the event a permit is needed for co�_ection 0� to Councilmemberilstron asked who w�Il oversee the proms a.,: how much sta.�f time would be involved, and if the current staff level suricient. tilr, tilcCauley responded the Bu Iding O�icial w I1 oversee the pro�"�= ;the al fount of staff time is �'icult to est;rnate; and cu.�rent Sta_i levels should be susa.cient, w�tn possible addition of pa tiiie clerical support. } i , ,Tavor 'Kragness explained the concer::5 She has Lece1'✓ed i residty- -t5 relate t0 the cost of the Ltitial i: especially from senior adults. e =d" whic;_ due to hardsb�p the DiSC'�SiOn ZnSLe d reca,�r the 1anCuage on page 5, le r ` buyer may elect to correct i:-r�.edia_= ha a-; s �.. ,- .� -.`- owner Carnoi undertake CO�i- -, aCtiCn, 1111 _ i_ " CCUnCL: ° =CZL rL- LjSLCOril SaIC Si.. `:would lil {e t0 see ihi section identi LL1 uhe evaluator 5 repo��. - Lre a-, S ` Il r mere 1S -0t 1 ver, and seller to negotiate correction of . p e �e i; t_ 0f the Ordinance aLow for the' a hardship. CounciL Cacdy e xpi� -=" 'that one reason to include this language was there is a high number of rzst -ti home buyers in BroQ!�1;-L Center and it should be the acar^c w �::e C.c✓ would be noti ^ed Of CCrreCtioIlS if the City h0 ' Trere was d iSCLS5i0n I in L -- n ' L.Le a per^_ C0 L �.f'•': Ua1ty OeVeIOp�T :e...t only to involvement was L Zh0�e naLa ds wisca req' .- Spema -list T o m Bublit_. e- cp laned the 1�ecti0a CZTi_ncate woL:ld need to ce aV�able at the C!CSL_ ° ° - r a� T rn � 1 1 7 la h i 71 -' � m Order for the property to be sold. In the case of the non-per= t lie Ws, the LemspeCtiOn is done by L,_ *private inspector; permit it-=s would requ =e the City irsectar to approve. es= - ate ne xt Council �eer�Q - j me-�' er Ca= r ^nested gnat a slide Snow bz pL :_ems CC L depl C ctS what types Ci ai Z2 S e 1'v r -,t l ed date of re�uil corectioas and ^o`''' regard' c lL issue 01 CO Q `i There was 5arh , d1SCLSSioIl o -, =c gate d l aQa t0 provide t`nat a bu e Ct yer and l e. seller can �o - '- � vVould 0e notified an amend' e `t" Ca ^L' li:�Le Li.? ?{iy^l� t_ e seller re$ion'ib who `✓wit l r�-� a the rec a S, w rn a: e Fd e proposes ordinance is to rei;r on me r e al - estate Ciry• Manager tilcCauley explained the preyus = re ^and to :no ` s t vvner, t :ey are ;, , c �i'tl u-,es for ale o v 0 C0rri?1LLr�i ^/ i0r COnipllance wNj t=ie Ors. -5/1 i/98 still subject to the requirements of the Ordinance. Residents would aeed ro be educated of the _ requirements of the Ordinance through public notice such as the City newsletter. It was Council consensus to direct s to draft ne language addressia; the issues of the removal of the hardship requirement, completion date requirement, and to address the issue of compliance in the event the house doesn't sell. A notion by Councilrlember Carmody and seconded by Cou.ncilmetnber Hilstrom to table an ordinance amending Chapter 12 of the City Ordinances implementLng a tixr =e of sale housing inspection, requiring an inspection, disclosure of consul :er information concerning the condition of a dwelling erior to its sale, and correction of cert�. m hazardous cor_d:tlons passed u-Ianimousiy. 9b. RESOLUTION GI'v_2NG PRELLNICNARY APPROVAL TO A SENIOR HOUSING PROJECT ON BEHALF OF BOCA LLYIITED P ART`+ ERSHIP, AUTHORIZDNG APPLICATION FOR ALLOCATION OF ISSUANCE AUTHORITY AND CALLL`+G PUBLIC HEARENG Cit. Manager %McCa'.iley explained that this is a request Lom Boca Lim!ted Parmership for the ISSta Ce Of l.2 Pis1110n 1II hOUSiP_� LeVeP_ue b0P_l1S LI C0i'neCtiOa W1th the aCqulSltlOn aril? rehab!liiatioa of Shingle Cree.< Tower and tas Credits !n t!` e a: ^punt of �7�0,000. Tile bonds Would P_Ot be 0b!ig3tl0nS Ot Che City. Ow-lers of oroeerty built w h Federal S:Sta^ -ce ire now able t0 pay on 7Ortgages early and remove ti_ CuciCnt li1C0IP -e li it3:i0i :S ?S t0 t�?e r�SideritS gild the re ^t 1 _._. -� Trier° 1S a pr0�a WCliC1 proV'_dzS iCr StIC<r VOA C erS it ati0r_S gad g0 a_k.'.t rate �- wZ'1 re":S• to r up the dlEerence between the proposed rents and C,=- :t rents. CO:: _ui- l'J DeVZl0 has been approached by o`d:er persons 100 at developme t W11 a s ;rnila view• of t,`Iese type of =nC n� tai eC11 n'S:LS. The houSizz bonds Would increase the proCerCY Value. The request is for i a approval aW Calllrlg publ�C ;iear nom. It Was noted there Were Several re5ldentS of silln�le Creli Creek Tower in the audience. titayor Kral ess said she received Le ers -0m the resider_ts w caace ns relating to the rent i_nCreases and t`leir ability to afford the increased rents. tilayor I{ra�ness opened the m eer' a to public corn merit. Fe d ;,i n t s are cu:_ -ntly Nevi^ nch, resident of SP.ing�e Creek T ower, expresso �..s c0__cern t�a. tb :e rent 1 ran , 1 ' e a hardSnlC. Le cel eyed ^e CurCP_t ocrderlli:e a brdable and even a s� al. ncrease L1 t cu � tl build'�g was "fine. T d tiL. BGisclair held a rneeting last week and had Paul Lane, resident of Shingl. Cree k T o �ve�, sal oreseyted a list o 4- proposed im:)rovernents. It ed %trr. Boisela:r Was not preSe t : u.e Lr e e -i.,g �L. ,tcCaulev said %L �oisClair Was WcS i Ot.. r:Gtliied 0' the meeling. 5/11/98 -7- At t_�ds point the agenda wvas renurr:cered, and L.is item vi as defe; to ce d :scussed as item no. 9h. Cl: Manager iMcCauley explained this resolution authorizes the C1C7 to cLarchase the crocerty for the Earle Bmwn Heritage Center car':ing lot. Since the purchase agreement was not available, it was recommended t1h s item be tabled to the next Council me-t'ng. A notion by Councilm:ember Ca -ody and seconded by Cour:cil :emcee Lasman to table a Resolution Authoring Acquisition of PropeiTf For Earle Brown Heritaze Center Paring Lot passed un n.im 9g. _N 0RDIN.0, CE Aa ,yLE, NG CPLAPTER 12 OF TIC CITY ORDI`+ AtiCES INIPLEy1ENTING A TIME OF SALE HOUSING INSPECTION, REQIJZRING : A,.�N+ ID+'SPECTION, DISCLOSURE OF CONSUMER I'NFORN- L.-MON CO`+CER- iING THE CONDITION' OF A D;VELLIi`iG PRIOR TO ITS SALE, A._ D CORRECTION OF CERTAIN Eke_ RDOUS CONDITIONS -At tl`ss point the agenda was re;aurzbered, and d is item was deferred tc be disc.!ssed as item no. 91. City N1_ '. re '.led to ? ? a�tC ate Ordnance amendment which Staii dratted inc- cporatirQ language ch recoTlrenLd by the Council at its hsz meeting. N vf'. McCauley r °v ",v.d the t des of haza-ds drat would be recorded in file reDO aS a -, or saf i? lie y a is :n !ears P leaLv roots a nc C vut ug, included electical wiling, �'ro'U - : , 1 1� 0 ILLr �I ` i:��r C:a Ltsiu� C > %.aT :aC'S, LVater h ate CS, S� 10 L" �CC'CCO s, a-id an;i 0th er itenns tlat cre_... a liie sale'' condition. Cou.nciLme :fiber L , sman raised acoP_Cern wi m tu la in Sec 1'-1511, Stating. Ste 'oeSn Su'rCort it as it :ZIaV not do what IS in tended. council Members discussed the 1 a_t e _ate _ ° la_n.- a � ---� ge as it relates to the Later, ^_t 0t the ordi- na,_ce and also _ .. tie ne to move the Ordinance alcng. CCU ds e e address correc;T g hazards :ciI e 'ibex H11s stated tha the' Ordi ^a^_C.. nee t0 b w%� :: t0 ideri_ led diz _ng i -pectiens wi ever or not e 1 sells a ter being inspected. McCauley rt Wended zhe CCu..CII C a_ p've ai ro sz reaCli%g Oi ye alte na_e Ordina" Ce as wnrten, wcii i :c!udes rr:0re rester :cove Ia ��a :.. thz second read ,�, iz the Cou:�cil wLsb:es, t e CrdLna: can be revis°.'a to be less .eSL_Ct_'ve; ;:i0vVIver, it ca_= CZ 0Ci ed t0 be :Tier - eS Ctive wit_ Ou S:,t;t71g an additional public I1Ca - nom. Counc 0e ll� _ '1SLrC i in ^.QLi = °a iL t_`_C: would be a Sta- r ° ^u ?r ° ^CP_t t0 add thus Ordlil -Ce orCVisiO : :. %e dC2S not '.'vet: LC Cleat. Coe Sian: ti:T:c', but there does need t0 be a reaSOP_ for 1 CSidCntS t0 City iw ^ale: McCau! i r °S�QndZd C.�11C a CC^11SC OEthe orQ(i' C� ;S OI:CSi�� Oi l lC✓ SCc1ti, and Chi City Would rely On the Realtors to make the requirerrent'.{; to the sellers. The City would be involved only on [` e corrections requiring permits Eor compliance. ` yt A motion by Councilr,ember Peppe and seconded by Council,:em�er Lasman to approve E reading of the AL TER, ATE Ordinance a endLng Chapter 12 of the City Ordinances Implement ng a Time of Sale Housing Inspection, Requiring Inspection, Disclosure of Consumer Inforrat' Concerning the Condition of a Dwelling Prier to its Sale, and Correct, on of Certain Hazardous Conditions passed unanimously. The second reading and public hearring WILL be scheduled for 1 22, 1998. 9h. SPEAKER CARRUTEIRS, SENATOR SC=ID, A`iD REPRESENTATIVE CARLS0N SCeake Phil C& rutheTs provided a Iegis uve uCdaCe, StaEina (C Was a:: expenenc WOckin the City. He reviewed the approved legislation as follows: 1. Equity funding for K -12 education, Which provides State Aid increases to the Four school districts in Brooklyn Cede:. 2. B:oO�d a e .axing bil( Wh1cn pIOL'IdeS i nanC(P.g Q ^uCionS t0 211pW t11e CICy CO aSSISt V -v-lc Bcoo LV :_ :oLl� tl_Cle.°_SI PO th pro: e r WZLri tiria::C(ng CoC th CeC Mi Oi ��-- -. i Ci ,c eL'v aSS '� D d Its e -ff` 3. Lezisiac ;on Lo keep a,:or­aUle %OL_ new r°~' C° Class an , Y, loss of MiIL.eSO.a. aid progr`- m for sustali�iP_g loss CapaCIC trade l Q by ti State Feder, s ;sr °�i , g r rids rna i1a ie to preserve the availability of y a s. OLSIi: de ava b aT= Ordable housing. D " This Old Ca'r, e'C," In wn1C : !`nalOrdS wn0 i nom'{° S( fi1Ca1t li'lprove i enCS t0 Chelr apaiLnenCS (over S2,5U()) the 1r pr0�e. e 1t W1iL not accrue against the apar.ment building. :off f l -riding for at- ..s`.{ ;out` 1 . -er sc':oc1 .n- S 2 . i '- e B ';V?1 Hen.^c� Center a: the sales ta_x ex--mot 7. �_.� :1.1�Lor, gran rcr Lar .Q ... d °Cia'iCi Or Lie WOr:{ O1 e N,[aycr, City Scar, and citlzeriS Senator Liiida Scheid e:c_.r.°sse her aper : 1 ,. p�a�rir and COrn,_C ,c (S Che l {eV tQ cZ :�L-lg r °SL'1 :5. Who provided support ac th e?i5.a�.::e. � S11 °r_COUraved Che CO Lla ce 0 0-,-n CCU= ^Il:i'?Ca.iOP.. Red esenta._ Ly: n Ca:!SOr- a geed yea a a'tarare, a real victoiy. H e �r - do �r2b%98 _ii- J v le, 2 2 j Co T'ne motion for he adoptiono I the foregoing resolut;on was duly seconded by CcunciLmember Lasman. 'lotion passed ur_anirncusly. i. PUBLIC HL ARE 7a. AN ORDL`IANCE A01EN"DE tG C1- LkPTER 12 OF THE CITY ORDL`i k CES rMPLENEENTING A T11IE OF SALE HOUSING D SPECTION, REQIJ=G AN r SPECTIO`i, DISCLOSURE OF CONSUMER LNFMyLkTION CONCERNING THE C0N DITION OF A DWELLING PRIOR TO ITS SALE A`+ CORRECTION OF CERTAIN FLA..ZAR.DOUS CONDITIONS 'Lr. McCauley outlined the history of t�_e ordinance that was procosed by t<�.e Housing Co=lssion. He noted changes in the Ordinance that were made at Council direction vvldch would cause ilm_-nediate hazards to be reported to the City, r,ga.-dless of whether a sale occu_-,ed. A second alternate was included in the Council packet that would better reflect the Council's request that the Ordinance allow more readily for buyers and sellers to enter into agreement that the buyer Would Correct haz?rdous conditions. 11Z second alte:l2.e Teri oved the requirement that i e City Consent to such agreei_ents benwCe,, buyers a:_d sellers. 'L .'ICCauley Lnt :oduCed Building 0 -ici2l Dave f fisher t0 psese 2 Slide Si OW Of CCt:�" nOP_ it, _oLmd ill resideni_al inspectioP.S. 'Lr. Fisher Showed the slide presentat.on Whine disc'ussirig sCi:_e Oi `e S2Ier�' h2Zaids. He 2150 ext)ta'ned t0 the Council some of the COi=1 and below Standard iteams. A motion Was made by Councilr_lember Hlis=cm and seconded by CounciL ber Carmody to open the Public Hearing. 'lotion passed urani:^_ously. l7. omia Zieska, 5455 Brooklyn Boutevard, appeared Cefb e the Council t0 address her conCe us 2bOL't tl` e Ordinance. Nis. Z1eS: {a St3:eu that She is not a�2.nst the fns peCticns, but is agaLnst the Ordinance. She thou -,' t Brooklyn Center residents should be amore aware of this Ordinance, and that buverS do need t0 be brotected, but 2-1 so need t0 be resp Ons , oj when purchasing a home. She feels that this Ordnnance iS 2ga -inst her Rgln. 0` Privacy, Bill Gerst i,orn .He'Iinneapolis ?sea Realtors Association (L\, also appeared before Lie Cc�_"_cil to addreSS two things, One be 'r the OOSlt ?OP_ as 2 reSLl: o the DrOCOsed c%2_r g e iI1 ''Iinre2polis' Ordinnance, In t�v0, tl e fact 2t buyers ere 1l ^aVL�g theli OvYi' a li'_szections. • t ivLr. Gerst explained that the tiLaR.k's position has changed because of the fact that more and more buyers are hiag independent inspectors, and that the i.*ispect ors are far more thorough. Ntr. Gerst did not have statistical information yet as the pereentlge of buyer inspections for the Council and assured the Council that he W1 check into this far'�her and report back to the Council. A motion by Councilmember Hilstrom and seconded by Councilmember, Carrnody to close the Public Hearing at 7:55 p.m. Motion passed unanimously. Discussion continued and Councilrnember Peppe expressed that he Was not comfortable WZth passihng this Ordinance and that this item should be tabled. Mayor K,ragness suggested that it be tabled until the statistical information from the Ni rinneapolis Area Realtors Association is received and brought back to the Housing Coriu Once the Housing Commission has the information they will report back to the Council. CounciLmember Hilsz:orn requested infor-Liation on the rights that buyers currently have for correcting problems after purchasing a house. 1 A motion by CounciL Lasma.n r.o re {er Ll s Ordinance back to the Housing COrrrni.ssion and repo back to the Council When statistical rrfon nation i5 available, Seconded by Council_rnember Peppe. Councilmember Ca_t;;iody stated that she felt L`ie Council had had ample oppor:unnity to have dneir cor.Ce -s addressed and Should not Wai' any longer t0 decide this roarer. U,.= Vote being tat {en on the t`cre�oin� notion, the tQl1Q�V �:� VOiZd 11 'favor thzrz0i: 1fy K agness, Debra Hilsrrori, Kay Las:l an, and Robert Peppe; and the rolloWina Voted a;. T. lst: Kathleen Ca The motion passed. 7b. A�r 0RDL N —ANCE AtiIEN G CH. -�-PTER 23 OF THE BROO I'm YN CENTER CODE OF ORDINANCES, RELATING TO THE REGULATION OF PAWNSHOPS A. N SECONDFL -0 GOODS DEALERS A motion by Counci=lmember Hilszom and seconded by Counciln—nember Ca_=ody to open the Public Hearing. Nietion passed unanimousiy. Artorrney Tom Johnson from Gray, Plant, and Moots rep'esent Grow Biz international (OBI) addressed die Council. tiL-. JOb SOr expressed that C;B1 'nad c ac — s rC '_rd!n� the proposed changes Cecause the changes Will burdn_ e the SecOndharhd dealers, and Wiii not be effective in reaching law enforcement goals. ° "° t es of businesses Such as Play T1 Acain Sports, and Once �L. Jen�nnson discuss tole di:._..r..nt c y y Upon A Ch d. He brought t0 t_lie Council's attention tt?a.t these rfpes of business' sales Will be ?� +° = n a ,Harr e i ncr° e °p '.� L "ct a number o= items brouQ!it to seccndh rd an_"4- lI - r_ e Ors _ C s Ch - rued. T'1 r. Or. o • stores had a L —L-ial ar_iou:' t of items gnat Were r °ported as S 7 rOpe:'V. 6/22/98 -6- k 1, �3 c,J Nfayor Kragness recommended cor"ir nation of her appointment o� Councilmembers C� ,: ody a:nd Las Financial Commission Members Escher, ;;-+:ruska, Blarney, and 'Herself. 4 A motion by Ccuncilmember Carmody, seconded by Councilmember Las to approve the review panel of Mavor ?C.ragness, Council e Lber Ca:-tnody, Councilmember Lasman, Financial Commission Chair Donn. Escher, Financial Commission Nfember Hruska, and Financial Commission Member Blarney to review Financial Advisory Services Eu-n proposals. Motion passed unanimously. 8k. — PPOENT NIE`iT OF ATTOR TY FOR SPECL- L PERSONNEL KA -TTER NL. McCaulev discussed that he is repuesdr-S cor — mat?on of re *tair_ing Bruce Peterson of the Hinshaw and Culbertson Law FL=, . i✓fr. Peterson would serve as legal counsel to review the transcript and coordinate investigation or the matters iderti ied in the 7ansc pt with iohn Barlow matter. �Lr. tifcCauley discussed the reasoning for an outside counsel would be that u`ie City's Attorney also represents Brooklyn Park and that the City will be seel{ing info rrnation that has not been released to the _City of Broo -IMn Par: regarding other complaints. ��.:m :GtiOn by COU: :Cili e lber Ca*^.0�`j, Seconded 0 CouriciLmember L as:m:an to approve N1r. Peterson. %'lotion pass.d mously DISCUSSION ON J -N-E 22, 1998 yLL TES At t:`-e iure 22 1998 Cour_ci17', tt' g, ire 7a on agenda regga di _ ne Ord Hance Of Ulem_entina a T iMe o f w?S discussed. Councihi e'^ber Cody stated that si :e felt the .?'L' paragraph on p age six of the iT_ne 22, 1998 mL-iutes neeced to be c;ranged to indicate that the item was tabled until the 1l ."1P_za�Ol1S ea R�'1i0 �SSOC1aii0n I ad Qoi�e S<aList'Cai info, on tG the HOUSIAC Co=iss :on and that once : is >rrorma�On Was receive-; tie Housing Comm�'_SSiOn could review the L'SOr:iiSilOn t0 a. e if it affects dae decision they have : -ade. T he Council t yen discussed fLlr - usher some o: the issues that were previously discussed and Wanted to make sure the HousLng CoLr�dssion s- eci;:es what will happen if residents have an inspection and do not sell r u ZY h - Omes. Ccu _cilPeW ^vZr Hils lo:T: SL?ted that CouiciL`- ember Las - mm , Su u— iaHzed the IternS to ce i :az rdou'S at the previous mee-.^:g On lure 22, 1998. Couricilm_emcer Ca=ody thcu - n�c� 1^ ' t - tT C'uS' CO. =W SS ion 1s aware of ti e.:: ar d that they Si'OL'ld be � ose snou_C: Ge not, so t._at u_e :_ �d e - , 1 icClSSiOn. CC' ' emb i Las, - :an S3teQ that t Iang'uage Leeds lL_COLIC Wit:: .__ i:�?:_utes, Or t,� S d �Ci%: to c 7 edeE_-_ ed to cla what Wail happen a er an inspecuon is done. Cc -LL7 e._ ar— v ^ when = ^.is a Will be brought back to the Council and suggested �,l ::Ci_.0 Ger C ,�Gd yl..eS':Or: .. - -- L^ montl'.s was pl 0 dme to ii c {e a de cision one way or arnotl r. .1 ' e: 't_T;t e ; ed 'yv e GLSi COrrl.mission meets t0 ma.� {Z Sir' that t COL' ^ Z C SAO i1 CU 5t_Gi_ would be a'_'u ta: rGCr:a.e. Ji advise- :he r - ousi. g C:::_m : C:SS:On Was meetl= �i g the s";_ m,er Mont %S. or 'ns - "e Cour_Cil -. ar ..!s item ce b back to the Council ai�er three HOUSing It was the c„::se tins �, t:. �.. 1 ' / 1 1 3/9° '_ _ Commission meetings and that a decision is made at that time. Councilmember, Las-man questioned if tl e N neapo[is Area Realtors Association would be not fed of the time liven. &L-. McCauley responded that if a motion is made, the City would communicate to the 'Minneapolis Area Realtors Association. A motion by Councilmember Lasinan, seconded by Peppe to table the minutes of June 22, 1998 until July 27, 1998, and that the Council make a decision on this item after three Housing Corirnission meetings. Motion passed unanimous[y. 9. ADJOUP— N A motion by Courieilmember Hilst±om, seconded by CounciLrnember, Lasman to adjourn the meetiza at 8:02 p.m. Motion passed unanimously. 1/ Ciy Clerk /f Mayor (� i 7 i1 8 -1�- MINUTES OF THE PROCEEDINGS OF THE HOUSING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND STATE OF MINNESOTA REGULAR SESSION OCTOBER 20, 1998 CONFERENCE ROOM B BROOKLYN CENTER CITY HALL CALL TO ORDER The Brooklyn Center Housing Commission was called to order by Chairperson Robert Torres at 7:00 p.m. ROLL CALL Chairperson Robert Torres, Commissioners James Lano, Lloyd Deuel, Ernie Erickson, Michael VonDeLinde, Mark Yelich, and Donald Arm. Also present were Council Liaison Bob Peppe, Nfayor Myrna Kragness and Community Development Specialist Tom Bublitz. Commissioner Christopher Russell was absent from the meetil-ig. APPROVAL OF AGENDA There was a motion by Commissioner Erickson and seconded by Commissioner Arm to approve the agenda as submitted. The motion passed. APPROVAL OF MLYUTES - July 21, 1998 and August 18, 1998 There was a motion by Commissioner Erickson and seconded by Commissioner Arm to approve the minutes of the July 21, 1998 and August 18, 1998 Housing Commission meeting as submitted. The motion passed. TL'VIE OF SALE ORDLVA,VCE Commissioner Erickson stated that, as he corru to at the last meeting, he followed up with Council members to determine their positions on the Tine of Sale ordinance. He then proceeded to review his discussions with Council members. Commissioner Erickson stated he discussed the Time of Sale ordinance with Councilmember Lasman and she indicated that she believes it is a good concept but needs some fine tuning so no one is in danger of being convicted of a misdemeanor if they are unable to correct certain hazardous items. She noted that there may need to be a redefinition of hazards and cited the example of smoke detectors being required in every bedroom and that this may not be necessary if there is only a sin person living in the house. She added that some hazards are less hazardous than others. 10 -20 -98 -1- Commissioner Erickson relayed his conversation with Councilmember HiIstrom who indicated that if significant costs will be necessary to fund the administration of the Time of Sale ordinance there would need to be a budget cut somewhere else in the budget. He added that in his conversation with Councilmember Hilstrom she indicated she had received comments from residents about code enforcement officers looking in people's backyards and that this was a concern for some individuals. Commissioner Erickson commented he believes if code enforcement officers see a good appearing house from the front there will Iikely not be a reason to enter the backyard but if there is a troublesome appearance in the front yard there may be reason to investigate in the backyard of residences. Councilmember Bob Peppe arrived at 7:10 p.m. Commissioner Erickson stated, in discussing the Time of Sale ordinance with Councilmember Carmody, she supports the point of sale ordinance in its present form and suggested the Housing Commission members should attend the City Council meeting where the Time of Sale ordinance will be considered. Mayor Kragness stated she is supportive of the concept of upgrading the housing stock but questioned whether the City might be mandating something they do not need. She stated that she would like the realtors association to present their information on buyer inspections. Chairperson Robert Torres reco, P Minneapolis Mr. Bill Gerst representing the Minnea olis Area Association of Realtors. Mr. Gerst stated that when the City of Minneapolis was conducting hearings on their Time of Sale ordinance many real estate agents in Minneapolis testified that there were a growing number of buyer inspections. During the iyfinneapolis hearing process, there were no hard data available to prove that buyer inspections were on the increase. Mr. Gerst indicated he has attempted to get objective data from realtors and agencies regarding their experience with buyer inspections. He added that in his survey he asked individual agents to respond on their own sales and also requested an agency response with retard to overall buyer inspections in a particular agency. He explained his response was received in the form of percentages of sales that included a buyer inspection. He added that he had information on percentages of inspections done in offices and also from agents. He explained this survey included data from January 1, 1997 through June 1998. He further explained that information was given in the form of percentages of inspections as opposed to the total number of sales for proprietary reasons. He added that a Growing number of offices and agents have recorded a significant increase in buyer inspections over the last two to three years. Mr. Gerst presented his report summary to the Housing Commission which indicated a significant number of buyer inspections being done from both individual agents and from a,encies. Commissioner Arm inquired whether cities that have Time of Sale ordinances allow for a waiver of ordinance requirements if the buyer does an inspection. Commissioner Erickson commented that if a buyer does the inspection it is unii_�Cely that they would share it with anyone else and that the ordinance requires that an inspection be done at the time the house goes on the mark 10 -20 -98 _�_ Commissioner Erickson commenced that this past real estate season in Brooklyn Center, and other cities, has been very hot and that offers are often made above the asking price and two to • _ three offers may be made on a single home. He inquired of Mr. Gerst, if there is a situation where two families put in a bid at the same price and one is contingent on a buyer having an inspection done and the other is non - contingent which is likely to be accepted. itiir. Gerst responded that, everything else being equal, the seller would certainly take the offer without the contingency. Nfayor Kragness stated she had sold her mothers' home in Brooklyn Park recently and bought a policy to cover appliances functioning after the sale. She asked i�ir. Gerst how often this is used. 1vir. Gerst stated that this is a fairly new program and that Edina Realty has been the main agency offering this program. Commissioner Erickson referred Commission members to the memorandum from the City Attorney and pointed out that the memo addressed some important points and noted that a secondary goal of Time of Sale inspection programs is to provide good turnover housing to first time buyers. He commented that realtors use a disclosure statement signed by the seller but this is not required by law and that additional arbitration is being used in certain transactions and that binding arbitration is a way of dealing with house problems. Commissioner Arm commented that some items in a home are obvious, such as outlets needing ground fault incerrupters and rooms needing smoke detectors, but he stated he believes the average homeowner does not have any idea that they may have a cracked heat exchanger, for example. Commissioner Erickson inquired of Commissioner members whether or not there are certain items im Section 12 -1508 of the ordinance that could be eliminated as hazardous items. Commissioner Arm stated that he does not see anything that the Commission could eliminate in the list of hazardous items in the current proposed ordinance. Mayor Kragness commented that paragraph number 4 in section 12 -1508, regarding an agreement that the buyer may execute to provide that they correct hazardous items, was extensively discussed by the City Council. Chairperson Torres recognized Ms. Donna Zieska, a resident present in the audience. Ms. Zies.<ca commented that the insurance Mayor Kragness referred to earlier, for appliances, is quite expensive and that sometimes it is a situation where someone new buying a home uses the house, including the appliances, in a different manner causing problems to occur. She stated she believes insurance that would last a year is not a good idea since the new buyers could abuse the appliances during that year. She also commented she is wrestling with the cost of an inspection which would be approximately 5300. Commissioner Erickson pointed out that a 5300 inspection would be one that would be initiated 10 -20 -98 -3 - by the buyer and that a Time of Sale ordinance, under the requirements of the proposed ordinance, would not be that expensive. Commissioner Lano commented that he had a buyers inspection done on a house he bought in Brooklyn Center and the inspection took approximately four hours and cost 5250. Ms. Zieska stated that if the City has required inspections the costs for such an inspection should be a minimum. She added that if residents have to get their properties up to code before they sell it this is going to be a great burden and problem. She added that many people buy older homes with known problems and then Ex them up. She suggested that there be some tax break for repairs required under a Time of Sale ordinance. She added that this would be an incentive for a buyer and that the incentive program would be better than sellers giving a quick fix to home repairs under a Time of Sale ordinance. Commissioner Erickson commented that he does not think the City could implement a program of tax breaks at the local level. Commission members discussed the issue of administrative time required to administer a Time of Sale ordinance. The Community Development Specialist noted that this year has been a particularly busy year for the inspection staff and that next year, with the approach of the Brookdale remodeling, will be an equally if not busier year. He stated that there is a concern that the inspection staff may be stretched with a Time of Sale ordinance. tilr. Bill Gerst stated that if the City believes they will not have enough sta ff to administer a Time of Sale Cirdinance he thinks that his report shows an • increasing reliance on private inspections from buyers. He also states he believes the real estate market has gone beyond the need for cities to enact ordinances such as Time of Sale type ordinances. Mr. Gerst stated that if the City does pass a Time of Sale ordinance he would request that two areas in the ordinance be clarified. Number one, he stated that he does not understand section 12 -1511 ItitMEDiATE HAZARDS and specifically paragraph B of this section. He stated that this entire section, and particularly paragraph B, needs to be clarified. Number two, he stated that it is unclear in the ordinance whether the seller will have to make repairs within 90 days if Lie house does not sell. He emphasized this is not clear in tlhe ordinance as proposed. Mayor Krapess inquired whether buyer ilnispections are still increasing. Mr. Gerst replied that his data shows that they are increasing and that Lie FHA is now recommending private inspections be done on FH:k insured homes. Co=dssioner Lano stated he has bought two homes in Brooklyn Center and both of the homes had buyer inspections done on them. He stated he believes the City is going halfway in proposing this Time of Sale ordinance and does not think the City can have it both ways. He added he believes that there needs to be staff involvement in such an ordinance to make it • 10 -20 -98 -4- successful. Also, he noted Mr. Bublitz had previously stated that none of the cities that have Time of Sale ordinances can show objective proof that these ordinances have improved the city's overall housing stock. Mayor Kragness inquired whether the City may be mandating something that is already being done by the real estate industry. Commissioner Yelich pointed out that the Commission should be aware of the purpose of the ordinance which is to maintain the overall housing stock in the City and not to protect buyers or sellers. He pointed out that this has been lost in many of the discussions of the Commission. The Community Development Specialist inquired of Mr. Gerst whether an ordinance requiring realtors to provide information on private inspections would be beneficial. Mr. Gerst replied. that he did not think an ordinance like this would be workable and cited the example of the Department of Health requiring that realtors distribute brochures on well abandonment. He noted that this particular approach was not terribly successful. Commissioner Deuel stated that he doesn't know what the typical Brooklyn Center house and that he believes people are buying homes and not fixing them up properly. He stated he believes the Time of Sale ordinance is a start and that he thinks the percentages of buyer inspections wculd go up if the ordinance is implemented. Commissioner Lano stated that he believes the number of buyer inspections may go down if an ordinance like this is implemented since buyers would assume that the inspection is already being done by the City. Council Liaison Peppe stated he would like to address the current infrastructure improvements that are underway in Brooklyn Center and the subsequent increase in property values related to the current street replacement program. He explained these projects are helping to encourage homeowners to improve their properties. He added that he has looked at the yards of people with new curb and and has noted additional exterior improvements to the homes in many cases. Council Liaison Peppe continued and noted that there are many unanswered questions regarding a Time of Sale ordinance and that his main concern is upgrading the housing stock and that this may be accomplished by proxy by improving infrastructure. Commissioner Erickson stated it was his understanding that the City's street replacement program does not reach beyond a five year plan for specific . areas and that the overall replacement program would take 25 years. Council Liaison Peppe commented that the street replacement program is a multi -year program but that a significant amount has already been done and as the City gets to the Brookdale improvements and other areas there will be a positive change in the community. 10 -20 -98 -5- ivfayor Kra,ness commented that the schedule for street replacement is somewhat based on the condition of sewers in a particular area and that this is a critical point with regard to scheduling the improvements. Chairperson Torres commented that he had his streets done two years ago at an assessment of 52,500. He pointed out that this assessment cost may take away from housing improvements in some situations. Ms. Donna Zieska stated that she sees some good points and bad points of a Time of Sale ordinance but the overriding bad point is government control. She stated she agrees that hazardous things should be corrected but with the help of real estate people not the government. Chairperson Torres stated that it was his understanding Councilmember Hiistrom's concern is the issue of addressing the correction of hazardous items if a house does not sell. He also noted that one of Councilmember Lasman's concerns is to clarify the Ianguage in the ordinance as to what happens after the inspection is done by the initial evaluator. Commissioner Erickson stated that the ordinance before the Commission this evening is the alternative language ordinance which addresses the agreement between seller and buyer to correct the items and he referred Commission members to section 1508 paragraph 4 which. allows the buyer to enter into an agreement with the seller to correct hazardous items. Commissioner Arm questioned whether there should be a time limit on correction of hazardous items by the buyer. Commissioner Erickson responded that the ordinance now says that. correction of hazardous items shall be completed with reasonable completion dates no more than 90 days. He added that one thing the ordinance does not have is a subheading on the situation where corrections are required even if the house does not sell. Commissioner Arm stated that the 90 day period addresses corrections done by the buyer but it is not clear on the time limit for corrections to be done by the seller if the house does not sell. Chairperson Torres suggested that language be added to the ordinance which would require the seller to correct the hazardous items within 90 days from the date the items are identified or show some proof of intention to correct the items. Mayor Kragness commented that 90 days may not give enough time for some individuals to obtain financing to do corrections if that is needed. Commissioner Erickson suggested gnat Chairperson Torres' language be included in the ordinance but that the time period be extended to 180 days. Mr. Bill Gerst of the Minneapolis Area Association of Realtors stated r-hat the Minneapolis ordinnarce requires that the buyer or seller must complete the hazardous item correction widiin 10 -20 -98 -6- 90 days from the date of the disclosure report and that this 90 day period covers corrections done by the seller if the house sells or not and also corrections done by a buyer if the correction is deferred to the buyer. There was a motion by Commissioner Deuel and seconded by Commissioner Erickson to amend the proposed alternate Time of Sale ordinance to include the language from the Minneapolis Truth in Housing oridnance which states that "all required repair /replace items must be completed by the buyer or seller within 90 days of the date of the disclosure report whether or not the property is sold, unless otherwise excepted by this chapter" and to direct staff to clarify section 12 -111 of the proposed Time of Sale ordinance. The motion passed. Commissioner Erickson stated that the City Council has directed the Housing Commission to return with a decision within three meetings and he added that he believes the Commission has met that goal. There was a motion by Commission Erickson and seconded by Commissioner Arm to forward the ordinance to the City Council as amended by the Commission's previous motion. Voting in favor: Chairperson Torres, Commissioners Deuel, Erickson, VonDeLinde and Arm. Voting against: Commissioners Lano and YeIich. The motion passed. ADJOURNMENT There was a motion by Commissioner Yelich and seconded by Commissioner Arm to adjourn the meeting. The motion passed. The Brooklyn Center Housing Commission adjourned at 9:30 p.m. Chairperson 10 -20 -98 i IIENIOR NDUNI TO: Michael J. McCauley, City itilanager FROM: Tom Bublitz, Community Development Specialist pecialist f�D 1 DATE: June 18, 1998 SUBJECT: Proposed Time of Sale Ordinance The City Council approved, for first reading, the proposed Time of Sale ordinance, at their May 26, 1998, meeting. This memorandum provides follow -up to questions and issues raised at the May 26th meeting and provides some additional information regarding the change in the Minneapolis Area Realtors Association policy on Time of Sale and the current status of the proposed Minneapolis Truth in Sale of Housing ordinance. PUBLIC HE ARNG ON PROPOSED MINNEAPOLIS TRUTH IN SALE OF HOUSENTG ORDNAL CE On Thursday, June 11, 1998, the fourth of four public hearings was held on the proposed Truth in Sale of Housing ordinance in the City of Minneapolis. Like Brooklyn Center's ordinance, the Minneapolis ordinance is based on Bloomington's Time of Sale ordinance. A copy of a brochure describing the proposed Minneapolis ordinance is attached to this memorandum. Testimony was offered by a number of people at the Minneapolis hearing, including several Realtors. Two observations made by several of the speakers were: The quality of the Truth in Housing inspections done by private evaluators under the City's current Truth in Housing disclosure ordinance is inconsistent due to the varying quality of the inspections and because the inspections do not extend beyond examining items that are immediately visible and accessible. Within the last two to three years the number of buyer initiated inspections for new home purchases has incr eased dramatically. . B ecause of the increasm w y � buyer a and use of buyer inspections, the need for a government required inspection no longer exists. I recently spoke with Mr. Bill Gerst, Vice President of the Minneapolis Area Association of Realtors regarding this trend and he indicated he is attempting to assemble hard data on the increasing use of buyer inspections. A Minneapolis City Council Committee is scheduled to vote on the proposed Time of Sale ordinance on Wednesday, June 1 - 1, 1998. If passed out of Committee, the ordinance would go to a vote of the full Council June 26, 1998. CHANGE N POSITION STATEMENT OF MIiViv'EAPOLIS AREA ASSOCIATION OF REALTORS Because of the controversy created by the proposed Minneapolis Truth in Sale of Housing ordinance, the Minneapolis Area Association of Realtors has changed its position on Time of Sale ordinances. Whereas, prior to the proposed 'I'vfinneapolis ordinance, the Association endorsed Time of Sale ordinances requiring correction of a limited number of items classified as hazardous, they now oppose any code compliance at the point of sale. A copy of their revised position statement is attached to this memorandum. ISSUES AND QUESTIONS RAISED AT MAY 26, 1998, CITY COUNCIL MEETING The Brooklyn Center City Council approved the "Alternate" version of the Time of Sale ordinance at its IN/fay 26, 1998, City Council meeting. After reviewing the minutes of the Nfay 26th meeting, and my notes of the meeting the following items were noted: Councilmembers Lasman and Peppe raised concerns with the language in Section 12 -1511 (Immediate Hazards). This section requires two things: 1. A copy of the evaluators report must be filed with the City Building Official under the following circumstances: a. The immediate hazards are hazards requiring a building permit for their correction. b. The evaluator has not reinspected the property and determined that the immediate hazards have been corrected within 90 days of the original inspection. Paragraph b of Section 12 -1511 presumably addresses situations where homes go off the market and are not sold. Councilmember Hilstrom wanted to know the impact of the ordinance on current staff. * Councilmembers Peppe and Carmody requested a specific list of hazardous items. Staff has prepared a list attached to this memorandum. The list includes all items defined as hazardous from Bloomington's program guidelines. I have reviewed the list from Bloomington with the City of Brooklyn Centers Building Official and he agrees that the list from Bloomington would also serve as the list for Brooklyn Center's program. • The City Council has also requested that staff provide some indication of staff time required to administer the ordinance. As proposed for first reading, the Time of Sale ordinance now requires that Building Inspection staff reinspect items called out as hazardous in the evaluation report which require permits and would also require reinspection of hazardous items in situations where the private evaluator has not reinspected the property in 90 days, which may indicate the house has been taken on the market. The ordinance as published, requires written consent from the City where corrections of hazardous items are deferred to a buyer. Section 12 -1508, paragraph 5, a, b and c is the portion of the "Alternate" ordinance, published for first reading, which requires written permission from the issuing authority q P b Y where they buyer intends to correct the hazardous items. This section has been deleted (lined out) in the attached alternate number two and it is the only difference between the original alternate and the revised Alternate Number Two. Section 12 -1508 essentially relates back to previous version of the ordinance where a determination of a hardship was required to defer correction of hazardous items to buyers. With the hardship provision eliminated, this section can be deleted. CITY STAFF DOES PERMIT RENSPECTIONS, RENSPECTION OF HAZARDOUS ITEMS DEFERRED TO BUYER AND REINSPECTIONS OF HAZARDOUS ITEMS N HOUSES TAKEN OFF THE MARKET Estimates of staff time are based on 400 sales per year which is a 3 year average for home sales in Brooklyn Center in 1995, 1996 and 1997. 1. PERMIT REINSPECTIONS Staff estimates at least 30% or 120, of the 400 sales would contain hazardous items requiring a building permit. This would require approximately 45 minutes per reinspection, including drive time for a total of 90 hours. Additional time for filing and reviewing evaluation reports and inspection reports would be 60 hours. Additional time spent communicating with sellers, buyers, contractors, realtors etc. is estimated at 60 hours. Total time would be 210 hours. 2. REINSPECTIONS ON HOMES NOT SOLD Staff estimates 10 %, or 40 homes may be taken off the market, resulting in follow -up and • reinspection by City staff. This would mean approximately 30 hours in inspection time and another 40 hours of administrative time filing evaluation reports, working with owners and contractors and possibly issuing compliance orders. The total estimated staff time for items 1 and 2 above is approximately 280 hours or 14% of a full time year round position. If staff did all reinspection of hazardous items it is estimated to take approximately 500 hours or 24% of a full time building inspection position. This total does not include staff needed to initially implement the program including preparation of forms, meeting with private evaluators to introduce the program and preparation of public information materials needed to start the program. For the first year this would take an additional 160 hours. These estimates are based on the experiences of inspector programs in other cities. The estimates are quite speculative, since it is very difficult to predict exact numbers in a program of this nature. ESTINL , kTED BUILDING PERVIIT REVENUES AND PERSONNEL COSTS 1. PERMIT REINSPECTIONS Based on 120 (210) hours) inspections, estimated building permit revenue would be approximately 53,060.00 to 54,260.00. The estimated staff cost for 120 inspections would be 57,350.00. I 2. REINSPECTIONS ON HO -MF.S NOT SOLD Based on 40 inspections, building permit revenue would be approximately S 1,020 to S 1,420. The estimated staff cost for 40 inspections would be 52,450.00 The total estimated staff cost reflected in items 1 and 2 would be 59,800.00. 3. CITY STAFF PER FORMS ALL RETNSPECTIONS If city staff did all reinspections the staff cost based on 500 hours, would be $17,500.00. In addition, the 160 hours of staff time to initially implement the program would cost $5,600.00. STAFF COST AND REVENUE SUj�vatARY 1. and 2. PERMIT REIMS PECTIONS AND REINS PECTIONS _QNt HOtifES NOT SOLD Staff cost $9,800 Revenue $4.080 to 55.680 NET COST $4,120 TO $5,720 Additional Startup Cost First Year $5,600 TOTAL NET COST $9,720 TO 511,320 • 3. CITY STAFF DOES ALL RENSPECTIONS Staff Cost $17,500 Revenue S 4.080 to S5.720 NET COST $13,425 to 511,780 Addition Startup Cost First Year S5 TOTAL NET COST $19,025 to 529,280 � No. 5 Letters Received Regarding the Ordinance Paul F. & Brenda M. Otto 6201 Bryant Avenue North • Brooklyn Center, MN 55430 612-585-160-3 January 5, 1999 City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 RE: Time of Sale Housing Inspection Program City Council: I do not support this program. We have enough government. Why does every level of government want more control? Quit trying to control every aspect of our lives. When a person is looking to buy a home he or she hires their own appraiser and/or inspector to examine the home. Exterior, interior, electrical, etc. That • appraisal is then given to the possible home buyer. When a person sells their home they have it appraised. Why on top of an appraisal on both sides, the buyer and the seller, do we need an ordiance to have the government also do an appraisal? It is not needed. The proposal of this ordinance is ridiculous. In the recent City Watch January 1999 issue this proposal is outlined on page three. On page two it shows the market value of houses in Brooklyn Center has increased. How are market values determined? By appraisals and the price paid for the house. It would seem current and former homeowners in the City of Brooklyn Center are doing a fine job themselves (without government) in keeping homes resellable and in good condition in order to raise the market value. Do not approve this ordinance. It is not in a buyer and sellers best interest. It is just another way for the government to stick their nose into a system that i -s- working just fine. When my husband and I voted only one of our choices Nxop, office. If this proposal passes it only proves that we have the wrong peo as mayor and city council. t Sincerely, Brenda M. Otto Apr 16. 1998 Dear Councilrrembers, • I am writing in opposition to the proposed housing inspection ordinance. This seems to be a deterrent for home owners to sell their homes. It also is does not make sense because of all the inspections that are usually required when the house is urchased. Banks FN p -%, and buyers usually do inspections prior to final approval of the sale. When I urchase p d my home there were three inspections, FH.;k, the bank, and my ow After these inspections the seller had to make required changes to the property in order for the mortgage to be approved. I have already paid to have an inspection done on my home, why should I have to do that again? There are already measures for home inspection existing, why reinvent them at the cost of the home owner? I am not sure if I will be able to make it to the meeting on the 20' so I am writing with my opposition. Thank you. Sincerely, Ka-i Iverson ' 5603 Knox Ave. N Brooklyn Center, IVLti 55430 560- 1199 • April 16, 1998 Dear Councilmembers, As a resident of Brooklyn Center I am wvritin2 to express my opinion on the proposed Housing Inspection Ordinance. I work nights and will be unable to attend the meeting on the twentieth regarding the ordinance. I am opposed to this ordinance. It doesn't make any sense to me because anyone who is buying a house should be responsible for checking it out thoroughly, meaning hiring their own inspector. The ordinance only penalizes the seller and repeats measures that are already n y place for inspection. There are also disclosure laws to protect the buyer if there are problems with the property. When you sell a used vehicle do you have to hire an inspector to check it out before you can sell it? To me it is the responsibility of the buyer to know what it is they are buying. • Please do not support this ordinance. Thank you. Sincerely, Gary Hitchcock 5602 Knox Ave. Ni Brooklyn Center, INN 55430 561- 5805 • Received TIME OF SALE ORDINANCE SUGGESTIONS • I do not support the Time of Sale ordinance as is, however if the ordinance is changed, these are my suggestion. These are a few win -win suggestions. To keep our housing stock within a safety measure, not necessarily up to the present code, because of the age of the houses. The house will need a qualified inspector, not to exceed $150.00. The inspector would find out if any form of safety measures are violated. If necessary be reinspected. The cost of the repairs shall be in the form of an incentive program for the buyer for 2 years; more if necessary, the buyer could do the work, that is if he would liked to do so, or else have a licensed professional when required. The incentive program is used quite often in the commercial field in the form of grants. Why not for the citizens of Brooklyn Center? When the work is all done, the owner of the home will have a guarantee of only a 10% raise in the taxes for 5 years, if taxes go up all over the City. There is another way that the Government (Federal ?) gives monies for repairs is this; The Government gives monies for the repairs with the understanding the home will not be sold for about 10 or 15 years. If sold or refinanced the monies will be paid back. Other communities also have a tax break and other incentives. Shorewood MN. has a incentive program or a revitalization program. Boston Mass. has a revitalization program with the help from the Government as I understood the program. All home owners will be notified of the incentive plans so they too could be prepared and take advantage of the incentive program for the selling of their homes. Let's take the time to protect our citizens of Brooklyn Center, the seller and the buyers and to protect the safety and deterioration of our homes. In a world of change and struggle, the American people have the great Constitution of the United States, because in a ever growing society the sprit and wording of the Constitution has remained constant. Our Constitution prevents uprising rebellion. We all need to live by laws to live together! ® Brooklyn Center could set a precedence of correct procedures and the protection of their citizens. This will also keep our housing stock up to par and keep Brooklyn Center a very desirous City to live in. 69th Ave. Area Development and Eminent domain • The Brooklyn Boulevard Streetscape Amenities Study of May 1994 had a plan for 69th, It is not even close to the gas station and strip mall that is planned by the council. In the time that I have lived here, from 1959, we have fought to keep out any gas stations and strip malls from Brooklyn Boulevard. This project is not even close or necessary to Beautify Brooklyn Center. My suggestion would be this; a good quality Senior Rental Building with large rooms (this is because coming from a home, it is very hard to adjust to small living area.) 2 Bedrooms, 2 Baths, a pool would be nice, a work shop, I have seem some lovely affordable senior apartments around the Cities. Our next generation, in the 50 year old bracket, is coming up and they will want good quality Senior Buildings. The building of good quality is very important for the coming years. We need more senior facilities to free single homes up for the upcoming young families. A young community is a prosperous one. On the Amenities Study the property we live on is designated for other uses but no special plans. We have 5 houses on a strip of land between the a school and the road. My sug for this land would be for a Senior Building on the North end and a Child Care Center on the South end, some thing like Kindercare, or what ever. The play area would be on the corner by the Clinic, to keep the noise down for the Senior Home. There is also a program for Seniors that like to volunteer some time to play with children. This is close to schools, busses, shopping and walking in the park. It is a very good accessible lace to stop and then continue on the road. A project g p p h r p J like this would bring in a good tax base. It would also be a rental building. This type of development would complement the area in Brooklyn Center Let's not abuse the Eminent Domain for a gas station. The bottom of the 5th Amendment reads; NOR SHALL PRIVATE PROPERTY BE TAKEN FOR PUBLIC USE, WITHOUT JUST COMPENSATION and farther down it states; But the court is still prepared to protect people against arbitrary and capricious acts of government. Taken from the World Book Amendments to the United States Constitution 5529 Pear>on Dr. Brookl n Center. MN' 5 5429-2-10 - January 1, 1000 Cite Council 636 1 Shingle Creek Parkway Brooklyn Center. %IN 5;430 Dear C itv CouIlcil: I believe that creating a housing irispectlon program could help to keep the residential properties in Brooklyn Center in good shape. 1 could ilctcl' Brooklyn Center from becoming a slum neighborhood. However", I do have SOIn, colicCrriS about this program. 1 have not had sufficient opportunity to look into this verb" tar, but l ',v ould like to share with you our personal experience with ow'nln`� our first home. �t - Inen we bought our home in Brooklyn Center. we had very little money and three small children. Because we had never owned a home l,cfor, and did not use a realtor to buy our home, we ended up buying a home iIi which many of th:; items you have listed for inspection were faulty. If there had been an inspection. this ini2lit Ilot hav, happened to ins. However, becatise we bought our home w11en there was Ito inspections required, we arc now stuck with the repairs. It has taken us six years to be able to afYOM to repair these items and we are still not finished. To give you all idea w'llat vve were Lip agalrlst, I will list sonic of the items. Our Siding was put on incorrectly and water has leaked under the sophits. The gutters wero not pert on correctly and water flooded into the basement. Our stack on our dreplace was not above the peak of the house, so smoke bleu- into the house. The wiring was burnt and frazzled from a fire during the previous owner's occupant% and never repaired. The breaker box was insufficient f our appliances - everything in the house is electric except the hot water heater- and had to be replaced. The hot water heater .vas sr:xteeIl years old and overflowed the dad attcl"+t,"c closed on the house. It flooded the entire bas;ment causing 22.000 dollars worth of repairs. The upstairs shower was riot usable because of faulty tiling a the nib. Last of all the attic had In sutlicient Insulation v,hich doubled our heating bills. 1lam' of these items have been repail"ed. A couple we are still working on. My point is this takes a lot of money. Hypothetically, if we had lust bought our house a year ago, lender the same financiill conditioIls, and needed to Sell after voter plan went Into effect, vie viould never be able to financially Illlpl.°nlent all of the repairs heeded' We would riot have owned our hoIIle long - riouah to have saved the moIiev to do these repairs. V' -- h. wind riot havc enough equity in our hoII19 TO l0 the I "op l ? "S after selling; nor ,vould the market value - four hen;:2 have increased enough to cover the expense of the repairs. people Of�en bU�` tltell" tlr'ST hoIIie� ill IIe I?hbortleods SUCIl as Br.'ol 11T1 Ccntcr. Lsually the;. earl bar afford to buy their homes, but are good homeowners, I thinI, this law would help to protect them, but I would dope there would be a way: -car this to be accomplished vdthout frll,Incialh" devastating current homeowners w - ho bon2ht their 11ouz-',s uridcr the old system. Pleasc write back to me addressu' 12 II1i coIlccl?I RdSpccthllh / � �� Blo January 07, 1999 t BROOKLYN CENTER CITY COUNCIL, — I WAS JUST READING THROUGH THE MOST RECENT CITY NEWSLETTER AND CAME ACROSS THE ARTICLE ON THE PROPOSED "TIME OF SALE HOUSING INSPECTION PRO- GRAM" AND WANTED TO PUT IN MY TWO CENTS WORTH. THIS HAS TO BE ONE OF THE WORST PROPOSALS I'VE EVER SEEN. GOVERNMENT HAS NO PLACE STICKING ITS NOSE INTO WHAT HAS ALWAYS BEEN A BUYER - SELLER ISSUE. WHEN I BOUGHT MY HOME I DIDN'T NEED THE GOVERNMENT TO COME IN AND HELP, NOR DO I NEED GOVERNMENT HELP IF AND WHEN I DECIDE TO SELL. THIS WOULD BE A FAIRLY LARGE EXPENSE (ESPECIALLY IF THEY HAVE TO COME BACK TO CHECK ON IMPROVEMENTS). WHY WOULDN'T THESE COMPANIES SAY EVERY HOUSE HAS SOME KIND OF FLAW THAT NEEDS REPAIRING? WOULDN'T THEY BENEFIT FROM MAKING MULTIPLE TRIPS TO THE SAME HOUSE? THERE IS TOO MUCH ROOM (AND EXPENSE) FOR THESE COMPANIES TO TAKE ADVANTAGE OF EAGER SELLERS. I DON'T LIKE THE IDEA THAT ONE PERSON CAN COME INTO MY HOME AND TELL ME I HAVE SEVERAL HUNDRED OR EVEN THOUSANDS OF DOLLARS WORTH OF REPAIRS AND THE ONLY WAY TO GET A SECOND OPINION IS TO PAY MORE MONEY TO ANOTHER COMPANY TO CHECK UP ON THE FIRST COMPANY THAT I DIDN'T WANT IN THE FIRST PLACE. ALSO, THIS WOULD BE VERY INTRUSIVE AS I HAVE NO CHOICE BUT TO LET A COM- PLETE STRANGER COME INTO MY HOUSE AND GO THROUGH EVERY ROOM, CLOSET, ATTIC, OR WHEREVER HE OR SHE DECIDES IT IS NECESARY TO CHECK FOR "PROBLEMS ". IF MY HOUSE WAS GOOD ENOUGH FOR ME TO LIVE IN AND THE POTENTIAL BUYER • LIKES MY HOME AND WANTS TO BUY IT "AS IS ", WHY SHOULD I OR THE BUYER HAVE TO SPEND POTENTIALLY THOUSANDS OF DOLLARS ON REPAIRS WE BOTH AGREE ARE NOT NECESARY? THERE ARE ALREADY CITY ORDINANCES IN PLACE TO MAKE COSMETIC REPAIRS TO HOMES THAT HAVE DETERIORATED. MY NEIGHBOR HAD TO PAINT THEIR HOUSE BECAUSE THE CITY MADE THEM (WHICH IS GOOD). ALSO, MANY TIMES THE MORTGAGE COMPANY WILL SEND IN AN INSPECTOR TO CHECK THE HOME FOR REPAIRS PRIOR TO CLOSING TO BE SURE THE HOUSE IS IN GOOD CONDITION. ONE LAST THING. ACCORDING TO THE ARTICLE, THIS PROPOSED ORDINANCE WOULD BE SIMILAR TO ONES IN BLOOMINGTON AND SOUTH ST PAUL. IF THIS IS SUCH A WONDERFUL PROGRAM, WHY DOESN'T EVERY CITY HAVE IT? ONLY TWO CITIES OUT OF HUNDREDS IN MINNESOTA HAVE THIS TYPE OF PROGRAM. THERE MUST BE A REASON. I HAVE SPOKEN TO MY NEIGHBORS AND SOME FRIENDS ABOUT THIS AND THEY WERE SHOCKED ANY CITY HAS THIS TYPE OF PROGRAM. JUST ANOTHER CASE OF "BIG GOVERNMENT" STICKING ITS NOSE WHERE IT DOESN'T BELONG. LIKE THE OLD SAYING GOES "IF IT AIN'T BROKE, DON'T FIX IT ". BUYING AND SELLING OF HOUSES IN BROOKLYN CENTER IS NOT BROKE, SO PLEASE DON'T TRY TO FIX IT. THANK YOU. A CONCERNED RESIDENT, /vtdti /ZA CE10 TE )Q � 114 All ��y�9 • City Council Agenda Item No. 9b • • Office of the City Clerk City of Brooklyn Center A great place to start. A great place to stay. 40 INIENIORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk J_Ujllblt DATE: January 6, 1999 SUBJECT: An Ordinance Amending Chapter 23 of the City Ordinances Relating to Payment by Pawnbrokers and Secondhand Goods Dealers for Items Pledged and Location of Pawnbrokers At its December 14, 1998, meeting, the City Council tabled An Ordinance Amending Chapter 23 of the City Ordinances Relating to Payment by Pawnbrokers and Secondhand Goods Dealers for Items Pledged and Location of Pawnbrokers. This item was tabled at the request of City Attorney Charlie LeFevere. Mr. LeFevere indicated that an additional section of the ordinance would need to be amended to prohibit the location of a pawnshop within 300 feet of a hospital, on -sale liquor establishment, halfway house, theater, or residence. The attached ordinance amendment includes Mr. LeFevere's additional amendment to the ordinance, and it is offered for a first reading. Also attached is correspondence received from City Attorney Charlie LeFevere regarding Sections 23 -627 and 23 -674 of the City Ordinances. A memorandum from Planning and Zoning Specialist Ron Warren, on behalf of the Planning Commission, regarding distance separations between pawnbrokers and other uses is also included. Attachments • 6301 Shingle Creek Pkivy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD.Yumber 12 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action1Equal Opportunities Employer CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 8th day of February, 1999, 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 Amending Chapter 23 of the City Ordinances Relating to Payment by Pawnbrokers and Secondhand Goods Dealers for Items Pledged and Location of Pawnbrokers. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES RELATING TO PAYMENT BY PAWNBROKERS AND SECONDHAND GOODS DEALERS FOR ITEMS PLEDGED AND LOCATION OF PAWNBROKERS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Brooklyn Center City Code Section 23 -627 is repealed as follows: ® S on 2 6 T � S D-Y T C T t�..ot. a k AZ i�1E1 dT;� L r t. `d'lieil u 3 pu }•mMt fer -air item plt4ged or rccc - 1vc d ��iee n3:, p:s,-�- - . bidsittess, paymcnt mu3� �c by cllcek, made payab the nairl�c, who is- aetually the int ended sel Section 2. Brooklyn Center City Code Section 23 -674 is repealed as follows: Seetioi 2 `�-v . goodsetealer tnal Payment in an ameth gfeat than one hwid %m or items reLefv�CI flvill fi 3iil -ii, 3ellel ` be made by payable to the named p yee, who is aettially the intende(4 • Section 3. Brooklyn Center City Code Section 23 -606 is amended as follows: Section 23 -606. SITE PLAN. Subdivision 1. The application for a pawnbroker license must be accompanied by a site plan drawn to scale. The site plan must contain: a. A legal description of the property upon which the proposed license premises is situated. b. A survey. ORDINANCE NO. • c. The exact location of the license premise on the property, customer and employee parking areas, access onto the property, and entrances into the premises. d. The location of any church, school, day -care center, hospital, on -sale liauor establishment. halfway hgtise check cashing operation. theater. or residence within 300 feet of any portion of the premises occupied by the applicant. e. A floor plan of the license premises. Section 4. Brooklyn Center City Code Section 23 -610 is amended as follows: Section 23 -610. PLACES INELIGIBLE FOR LICENSES. A license will not be issued or renewed under this section for any place or for any business: a. If taxes, assessments or other financial claims of the City or the State of Minnesota on the licensee's business premise are delinquent and unpaid; b. If the premise is located within 300 feet of a school, day -care center, 'ar ® church. hospital. on -sale ligpgr establishment. halfway house. check cashing operation. theater. or residence: c. Where operation of a licensed premise would violate zoning ordinances; d. Where the applicant's present license was issued conditioned upon the applicant making specified improvements to the licensed premise or the property of the licensed premise which improvements have not been completed or; e. Established as a pawnshop after April 2, 1996, which is within ten (10) driving miles of any gambling casino. ORDINANCE NO. Section 5. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of , 1999. Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted underline indicates new matter. 470 Pillsbury Center y 200 South Sixth Street Minneapolis NIN i5 -+0_' (612) 337 -9300 telephone (612) 337-9310 fax C H A R T E R E 0 e-mail: atn'sL"hentledN'- :;i3ven.cot71 CH ARLES L. LEFEVERE Attorney at Law Direct Dial (612) 337-9215 email: clefcvere iekennedy- graven.com December 29, 1995 Ms. Sharon Knutson City Clerk City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center MN 55430 RE: Pawnshop Ordinance Dear Sharon: Attached is a revised draft to the amendment of the pawnshop ordinance. The current pawnshop ordinance prohibits issuance of a license if the licensed premises is located within 300 feet of a school, day care center, or church. It also requires that an application for a pawnshop license contain information about the location of any school, day care center, church, hospital, or residence within 300 feet of the premises. Although the application is required to contain information about hospitals or residences within 300 feet of the premises, there is no prohibition against locating a pawnshop within 300 feet of hospitals or residences. Although it may be that the Council intended to require information about nearby residences without creating an absolute prohibition against locating a pawnshop within 300 feet of such residences, I assume that this was an oversight rather than intentional. I understand that the planning commission has recommended that additional uses be added to the list of uses from which pawnshops must maintain a 300 foot separation. These are: on -sale liquor establishments, halfway houses, and theaters. The attached ordinance amendment adds these three additional uses to the list of uses about which an applicant must provide information in its application for a license. It also adds these three new uses as well as hospitals and residences to the list of uses from which pawnshops must maintain at least a 300 foot separation. Very truly yours, Charles L. LeFevere CLL:lh is Enclosure 470 Pillsbury Center MM 200 South Sixth Street v Minneapolis MN 55402 (612) 337 -9300 telephone • (612) 337 -9310 fax C H A R T E R E D e - mail: atrys@kennedy graven.com CHARLES L. LEFEVERE Attorney at Law (612) 337 -9215 November 20, 1998 cleFevere @kennedy- graven.com Mr. Michael McCauley City Manager City of Brooklyn Center 630: Shingle Creel: Plknvy Brooklyn Center MN 55430 RE: Pawn Shop Ordinance Dear Mike: I received a call from Mr. Alan Cross of Cash and Pawn who informed me that City Code Section 23 -627 which requires that the pawn shop pay by check is an unnecessary burden because the pawn shop simply issues the check and then immediately cashes it for the person pawning the goods. I confirmed this with the Detective Karns who said that, in his opinion, this provision of the ordinance served no useful purpose. Although I did not discuss it with Detective Karris, I assume that the same would be true of Section 23 -674 which requires that payment for secondhand goods being purchased by a secondhand goods dealer for more than $100 must also be paid by check. I assume that the idea behind the ordinance was that a thief would be somewhat less likely to fence stolen goods when receiving payment by check because it might be necessary to provide identification twice to do so (once when pawning or selling goods and once when the check was cashed). However, this purpose is obviously not served if the party issuing the check immediately cashes it. Therefore, I have attached a proposed ordinance which could be used to repeal these two code sections if you wish to do so. If there are other changes to the ordinance which are currently being considered, you could also wait until later to make several changes at the same time. In either case, the police department could be instructed not to enforce these requirements pending review by the City Council. V� �'� Y Yours, - ° '. '-- Charles L. LeFevere . CLL:Ih Enclosure cc: Chief Joel Downer (w /encl) Sharon Knutson (w /encl) CLL- 153595 BR291-4 MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Ronald A. Warren, Planning and Zoning Specialist 1 -6 1 SUBJECT: Distance Separations Between Pawn Shops and Other Uses DATE: October 13, 1998 Some time ago, the City Council requested the Planning Commission to review and make recommendations as to the advisability of creating distance separations between pawn shops and other uses. Under the current proposed ordinance regulating pawnbrokers and secondhand goods dealers there is a provision requiring a minimum 300 ft. separation between a school, daycare center or church and a pawnbroker's operation. • The Planning Commission reviewed this matter at their September 24, 1998, study session and their review of the matter can be found on pages 2 and 3 of their minutes from that meeting. Generally, the Commission believed separation requirements from pawn shops were not zoning related issued in that these uses exhibit the same zoning characteristics as other retail uses. The Commission further believed, however, that the distance separations established in the licensing regulations were appropriate and suggested that the City Council might wish to also consider such separations for liquor establishments, half -way houses and theaters as part of the licensing ordinance. Mr. Warren reviewed and discussed with the Commissioners the recommended changes to: of Section 35 -314 - R5 Multiple Family Residence District adds a Special Uses subsection to allow public and private elementary and secondary schools under certain conditions; Section 35 -320 - Cl Service /Office District. adds clarifying religious use language in subsection Le, and adds paragraph 3.d. to allow educational uses excluding public and private elementary and secondary schools; and Section 35 -222 - C2 Commerce District., adds cross - reference language and adds language clarifying educational uses. Mr. Warren noted a minor deletion to the added cross- reference proposed. During discussion, inclusion of "K -12" to further clarify "educational" was recommended and agreed upon. An added phrase, "but not limited to" was proposed and agreed upon to the "religious uses" clarifying language. The Commissioners reiterated its view that it is improper to regulate development of tax exempt operations through zoning. After considering the appropriateness of mixing educational and religious uses in commercial/industrial areas, it was agreed that the building permit process provides safeguards and standards for suitability of such combinations. Mindful of avoiding impediments to expansion, the commissioners discussed options under which a church (religious use) could add a school (educational use) to its operations. ACTION TO RECOM ADOPTION OF ORDINANCE TO AME ND CHAPTER 35 OF THE CITY ORDINANC REGARDING CHURCH AND EDUCATI USES There was a motion by Commissioner Nelson, seconded by Commissioner Erdmann, to recommend to the Council that it adopt "An ordinance amending Chapter 35 of the City Ordinances regarding church and educational uses" as amended by the Commissioners. (A copy of the ordinance agreed upon by the Commissioners is made a part of these minutes by attachment.) Voting in favor: Chair Willson, Commissioners Erdmann, Nelson, Rahn, and Reem. The motion passed unanimously. The Council will consider the recommendation at its Monday, September 28, 1998 meeting. DISTANCE SEPAR BETWEEN PAWN SH OPS AND OTHER USES Chair Willson introduced discussion item b: "distance separations between pawn shops and other uses." and called on Mr. Warren for his comments. Mr. Warren reviewed the status of the Council's current development of pawn shop /second hand goods licensing regulations. The Commission is requested to consider whether such operations should be separated by a certain distance from other uses based on zoning requirements. During discussion, the Commissions concluded and agreed that distance separation in this instance does not fall within zoning requirements, but rather is a licensing issue. It was noted that ordinances are not designed to regulate "people" (i.e. customers) who may wish to use a facility and cautioned against the appearance of providing "exclusionary" operations. 9 -24 -98 The Commissioners declined to recommend any zoning changes to accommodate distance separation in this instance, supported the 300' distance separation of pawn shops from schools and day care operations as a licensing requirement, and suggested the Council may also wish to consider such separation from off -sale liquor establishments, half -way houses, and theaters. There was a motion by Commissioner Reem, seconded by Commissioner Erdmann, to directed Mr. Warren to convey the Commissions' conclusions regarding this matter to the City Council. The motion passed unanimously. FUTURE MEETING DATES The next meeting of the Planning Commission is scheduled for Thursday, October 15, 1998. Mr. Warren briefly reviewed the agenda items for that meeting. A joint meeting with the City Council is scheduled for Thursday, December 17, 1998. ADJOURNMENT There was a motion by Commissioner Rahn, seconded by Commissioner Nelson, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:15 p.m. Chair Recorded and transcribed by: Arlene Bergfalk TimeSaver Off Site Secretarial, Inc. 9 -24 -98 3 City Council Agenda Item No. 9c • Office of the City Clerk City of Brooklyn Center A great place to start. A great place to stay. NIORANDUNI TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk JVAZYL DATE: January 6, 1999 SUBJECT: Select Presiding Officers - Mayor Pro Tem and Acting Mayor Pro Tem Section 2.06 of the City Charter requires the Council to choose from its members a Mayor pro tem who shall hold office at the pleasure of the Council and shall serve as Mayor in the Mayor's absence and as Mayor in case of the Mayor's disability or absence from the City. City Council Resolution No. 92 -262, Establishing and Designating an Acting President Pro Tem of the City Council, states the most senior Council member shall preside in the absence of both the Mayor and Mayor pro tem r more and that in the event two Y Y o e members have equal seniority, then that member shall preside who received the most votes in their most recent election. Following is a list of Council members by seniority. Debra Hilstrom (elected November 8, 1994, with 5,193 votes) Kay Lasman (elected November 5, 1996, with 5,775 votes) Robert Peppe (elected November 5, 1996, with 5,092 votes) Ed Nelson (elected November 3, 1998, with 4,560 votes) In 1998, Kay Lasman was appointed Mayor pro tem and Debra Hilstrom was Acting Mayor pro tem. For 1999, Mayor Kragness has indicated that she would ask for Council approval of her nomination of Robert Peppe as Mayor pro tem. Debra Hilstrom would serve as Action Mayor pro tem. Attachment: Resolution No. 92 - 2 62 • 6301 Shingle Creek Pkwy, Brooklyn Center, MAI55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action1Equal Opportunities Employer Member Dave Rosene introduced the following resolution and moved its adoption: 92 -262 jnFv RESOLUTION NO. RESOLUTION ESTABLISHING AND DESIGNATING AN ACTING PRESIDENT PRO TEM OF THE CITY COUNCIL WHEREAS, Section 2.06 of the Brooklyn Center City Charter designates the Mayor as presiding officer of the City Council and a president pro tem who serves as president in the Mayor's absence; and WHEREAS, the presence of three City Council members at a City Council meeting constitutes a quorum; and WHEREAS, it is possible that both the Mayor and the president pro tem may be absent from such a meeting, consequently leaving no designated presider of the meeting; and WHEREAS, the City Council desires to provide for an acting president pro tem who shall serve in the absence of the Mayor and president pro tem. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the most senior Councilmember shall preside in the absence of both the Mayor and Mayor pro tem. BE IT FURTHER RESOLVED that in the event two or more members have equal seniority, then that member shall preside who received the most votes in their most recent election. November 23, 1992 Date Todd Pauison, Mayor ATTEST: 'rTlfr 1 1. P 1 .t Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen , and upon vote being taken thereon, the following voted in favor thereof: Todd Paulson, Celia Scott, Jerry Pedlar, Dave Rosene, and Philip Cohen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. i City Council Agenda Item No. 9d • • I I Office of the City Clerk City of Brooklyn Center A great place to start. A great place to stay. ' MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk jWtYt*M DATE: January 6, 1999 SUBJECT: Appointment of Council Member to Serve as City Representative Following is a list of boards, committees, or commissions which require a City Council representative be appointed annually: •League of Minnesota Cities North Metro Mayors Association *Northwest Suburbs Cable Communications Commission *Association of Metropolitan Municipalities 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer City Council Agenda Item No. 9e • City of Brooklyn Center Office of the Mayor A great place to start. A great place to stay. MEMORANDUM TO: Councilmembers Hilstrom, Lasman, Nelson, and Peppe FROM: Myrna Kragness, Mayor DATE: January 6, 1999 SUBJECT: PP Mayoral Appointments of Council Liaisons to City Commissions for 1999 Y At the January 11, 1999, meeting, I would like to discuss and make appointments of City Council Members to serve as Council Liaisons to City Advisory Commissions. In 1998, Council Members served on the City Advisory Commissions as follows: Commission Council Member Financial Kay Lasman Housing Debra Hilstrom ® Human Rights and Resources Robert Peppe Park and Recreation Kathleen Carmody • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer City Council Agenda Item No. 9f 1 1 Office of the City Clerk City of Brooklyn Center A great place to start. A great place to stay. • TMENIORANDUNI TO: Michael J. McCauley, City Manager FROiv1: Sharon Knutson, City Clerk X2 61m , DATE: January 7, 1999 SUBJECT: Resolution Expressing Recognition quid Appreciation of Members Who Have Served on City Advisory Commissions The attached resolution recognizes the public service of citizens who have voluntarily served on the City advisory commissions and who have resigned during 1998. Also attached is a sample Certificate of Appreciation which will be presented to each of these commission members. Attachments • 6301 Shingle Creek Pkivy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action l Equal Opportunities Employer Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF MEMBERS WHO HAVE SERVED ON CITY ADVISORY COMMISSIONS WHEREAS, several citizens have voluntarily served on City Advisory Commissions; and WHEREAS, their public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, their leadership and expertise have been greatly appreciated by the Brooklyn Center Advisory Commissions; and WHEREAS, it is highly appropriate that each member's service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of: • Mark Holmes, Planning 1/8/90 - 12/31/97 Neng Yang, Human Rights and Resources 1/23/95 - 12/31/97 Karyn Huemoeller, Human Rights and Resources 1/27/97 - 12/31/97 Todd Cannon, Housing 2/22/93 - 12/31/97 Sherry Maddox, Human Rights and Resources 4/26/93 - 12/31/97 Ron Christensen, Financial 7/13/92 - 5/11/98 Brian Walker, Planning 9/9/96 - 5/5/98 Bonnie Jude, NW Hennepin Human Services Council 1/27/97 - 6/15/98 Michael Weidner, Financial 1/27/97 - 8/12/98 Jonathan Carter, Housing 4/10/95 - 10/13/98 Ed Nelson, Planning 1/12/98 - 12/31/98 Marcia Mehlhaff, NW Hennepin Human Services Council 1/22/96 - 11/19/98 is hereby recognized and appreciated by the City of Brooklyn Center and staff is directed to prepare individual certificates of appreciation for each commission member. • 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. • C erttfitcate of A-pprectatton Presented to - Commission Member In recognition of your dedicated service to the City of Brooklyn Center as a member of the Ch Advis Commission J anuar y 1, 1993 - December 31, 1998 Myrna Kragness, Mayor • City Council Agenda Item No. 9g • Office of the Cite Clerk City of Brooklyn Center A great place to start. A great place to stay. MEMORANDUM TO: Michael J. McCauley, City Nlanager FROINI: Sharon Knutson, City Clerk DATE: January 7, 1999 SUBJECT: Mayoral Appointments to City Advisory Commissions Several commission member terms on City advisory commissions expired December 31, 1998. Prior to term expiration, City staff liaisons to the commissions polled the members whose terms would expire to determine their interest in continuing serving on their respective commissions. All members indicated they wished to continue their voluntary public service on their respective commissions. Nlayor Kragness sent a letter to the City advisory commission chairpersons requesting in ut regarding P p ... participation and attendance of these members. Mayor Kragness talked with each of the chairpersons, and they responded that they would recommend reappointment of the commission members. Attached is a memorandum from Mayor Kragness indicating her nominations. Also attached are the procedures for filling commission vacancies adopted by the City Council on March 27, 1995. Materials regarding the commissions is attached, including a table which indicates the geographical distribution by neighborhood of the current members of the commissions and an attendance record of the commission members for 1998. Recommended Council Action: I. Motion by Council to ratify the nominations of ?Mayor Kragness with terms expiring as follo"vs: Financial Commission - term to expire 12/31 /2001 Housing Commission - term to expire 12/31/2001 Park and Recreation Commission - term to expire 12/31/2001 Planning Commission - term to expire 12/31 /2000 NW Hennepin Human Services Council Advisory Commission - term to expire 12/31!2000 Attachments 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action/ Equal Opportunities Employer City of Brooklyn Center Office of the Mayor Agreat place to start. Agreat place to stay. INMEMO RAND UM TO: Councilmembers Hilstrom, Lasman, Nelson, and Peppe L FROM: Myrna Kragness, Mayor ,.ems � DATE: January 6, 1999 SUBJECT: City Advisory Commission Nominations As outlined in our policy for filling commission vacancies, I would request ratification from Council Members for the nomination of the following persons: Financial Commission Jay Hruska 5012 North Lilac Drive Lawrence Peterson 5830 June Avenue North Housing Commission . Lloyd Deuel 1606 72nd Avenue North ivlichael VonDeLinde 5312 Boulder Lane Mark Yelich 6018 Beard Avenue North Park and Recreation Commission Gail Ebert 1613 Irvin- Lane Art Mead 3825 56th Avenue North Don Peterson 3715 58th Avenue North Planning Commission Graydon Boeck 5601 Indiana Avenue North Sean Rahn 601 70th Avenue North, 9114 Dianne Reem 6225 Chowen Avenue North Tim Willson Northwest Hennepin Human Services Council Advisory Commission John Solomon 6819 Emerson Avenue North 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer City of Brooklyn Center Procedures for Filling Commission /Task Force Vacancies Adopted by Council 3/27/95 The following process for filling commission/task force vacancies was approved by the City Council at its March 27, 1995, meeting: Vacancies in the Commission shall be filled by Mayoral appointment with majority consent pP J Y of the City Council. The P rocedure for filling Commission vacancies is as follows: 1. Notices of vacancies shall be posted for 30 days before any official City Council action is taken; 2. Vacancies shall be announced in the City's official newspaper; J. Notices of vacancies shall be sent to all members of standing advisory commissions; 4. Applications for Commission membership must be obtained in the City Clerk's office and must be submitted in writing to the City Clerk; • 5. The City Clerk shall forward copies of the applications to the Mayor and City p pP � Y Council; 6. The Mayor shall identify and include the nominees application form in the City Council agenda materials for the City Council meeting at which the nominee is presented; 7. The City Council, by majority vote, may approve an appointment at the City Council meeting at which the nominee is presented. PROCEDUR.CC Financial Commission The Financial Commission is composed of a chairperson and six members, with members serving a three- year term. On December 31, 1998, the Financial Commission terms of Jay Hruska and Lawrence Peterson expired. Both Mr. Hruska and Mr. Peterson wish to continue their voluntary public service on the Financial Commission. Housing Commission The Housing Commission is composed of a chairperson and eight members, with members serving a three - year term. On December 31, 1998, the Housing Commission terms of Lloyd Deuel, Michael VonDeLinde, and Mark Yelich expired. Mr. Deuel, Mr. VonDeLinde, and Mr. Yelich wish to continue their voluntary public service on the Housing Commission. Park and Recreation Commission The Park and Recreation Commission is composed of a chairperson and six members, with members serving a three -year term. On December 31, 1998, the Park and Recreation Commission terms of Gail Ebert, Art Mead, and Don Peterson expired. Ms. Ebert, Mr. Mead, and Mr. Peterson wish to continue their voluntary public service on the Park and Recreation Commission. Planning Commission The Planning Commission is composed of a chairperson and six members, with members serving a two -year term. On December 31, 1998, the Financial Commission terms of Graydon Boeck, Sean Rahn, Dianne Reem, and Tim Willson expired. Mr. Boeck, Mr. Rahn, Ms. Reem, and Mr. Willson wish to continue their voluntary public service on the Planning Commission. One vacancy xists on the Planning Commission. Notice of the vacancy has been posted and applications y 5 Y p pp are being zn taken until January 2 0, 1999. Northwest Hennepin Human Services Council Advisory Commission The Northwest Hennepin Human Services Council Advisory Commission is composed of two residents from each artici ating City, with member e - Decemb p p I , , b servin rn � a two- term. On Decemb 3 1, 1998, the Northwes Hennepin Human Services Council Advisory Commission term of John Solomon expired. Mr. Solomon wishes to continue his voluntary public service on the Northwest Hennepin Human Services Council Advisory Commission. City of Brooklyn Center Financial Commission Geographical Distribution (Chairperson and Six Members) Current Members January 11, 1999 A . h t rent Members Neighborhoods s . Cur Southeast r Northeast Jerald Blarney 7136 Willow Lane North Gavin Wilkinson 7221 Willow Lane North Northwest Stanley Leino • 7118 France Avenue North `Vest Central Timothy Elftmann 5301 Howe Lane Lawrence Peterson 5830 June Avenue North Central Donn Escher 3107 65th Avenue North Southwest Jav Hruska 5012 North Lilac Drive City of Brooklyn Center S Housing Commission Geographical Distribution (Chairperson and Eight Members) Current Members January 11, 1999 Neighborhoods Iic�iitts''. Current Members Southeast Donald Arm 2340 Brookview Drive Northeast Lloyd Deuel 1606 72nd Avenue North Muhammed Okoya -Laval 6910 Humboldt Avenue North Northwest Ernie Erickson • 6800 Drew Avenue North West Central James Lano 6424 Indiana Avenue North Robert Torres 4501 Winchester Lane Michael VonDelinde 5312 Boulder Lane Central Mark Yelich 6018 Beard Avenue North Southwest Christopher Russell 5211 Xerxes Avenue North, 44 City of Brooklyn Center Park and Recreation Commission Geographical Distribution by Park Service Area (P.S.A.) (Chairperson and Six Members) Current Members January 11, 1999 Park Service Area ''Applieants:.:: Current Members P.S.A. I Thomas Shinnick 5324 Oliver Avenue North P.S.A. 11 Gail Ebert 1613 Irving Lane P.S.A. Ill Bud Sorenson 6901 Toledo Avenue North Richard Theis 3006 Thurber Road Ih, I I P.S.A. IV P.S.A. V Art Mead 3825 56th Avenue North Don Peterson 3715 58th Avenue North John Russell 5312 N. Lilac Drive City of Brooklyn Center Planning Commission Geographical Distribution (Chairperson and Six Members) Current Members January 11, 1999 Neighborhoods AP �, lilicilts Current Members Nei Southeast Northeast Sean Rahn 601 70th Avenue North, # 114 Tim Willson 6718 Colfax Avenue North Northwest West Central Stephen Erdmann 4919 61 st Avenue North Central Rex Newman 3107 61 st Avenue North Dianne Reem 6223 Chowen Avenue North Southwest Graydon Boeck 5601 Indiana Avenue North Notice is posted and applications are being taken until January 20, 1999 for one vacancy to fill the unexpired term of Ed Nelson. �I I CITY OF BROOKLYN CENTER FINANCIAL COMMISSION ATTENDANCE 1/9/97 2/13/97 3/6/97 5/1/97 7/17/97 8/14/97 9/4/97 10/2/97 1/22/98 4/7/98 5/5/98 8/6/98 11/5/98 Donn Escher Y Y Y Y Y Y E Y Y Y Y Y Y Lawrence Peterson N Y Y Y Y Y E Y Y Y Y E N Jay Hruska Y Y Y Y Y Y E Y Y Y Y Y Y Jerry Blarney Y Y Y Y Y Y Y Y E Y Y Y Y Stanley Leino N Y Y N Tim Elftmann Y Y Gavin Wilkinson y LEGEND Y The Commissioner was in attendance. E The Commissioner was absent, but contacted the Chair prior to the meeting to be excused. N The Commissioner was absent and not excused. VAC The Commissioner's term has expired or he /she has vacated the appointment. fincommkatte 0 12/2f/:54 AM 0 1998 HOUSING COMMISSION ATTENDANCE RECORD Commissioners 1/20/98 2/17/98 3/17/98 4/12/98 5/19/98 6/16/98 7/21/98 8/18/98 10/20/98 11/17/98 Torres X X EX X X X X X X X Lano (appointed 3/9/98) X X X X AB AB X EX Russell* (appointed 3/9/98) X X X EX AB AB AB AB Deuel X X X X X X X X X X Erickson X X EX X X X X X X X VonDeLinde (appointed 3/9/98) X X X X AB X X X Yelich X X X X X X X X X X Arm X EX X X X X X EX X X EX - Excused absence AB - Absent - not excused *Commissioner Russell had a change of address and did not receive the agenda packets. We did not receive his new address until December 8, 1998. CITY OF BROOKLYN CENTER PARKS AND RECREATION COMMISSION Meeting Attendance 1998 January !February IMarch jApril May (JunelJulylAugust[September jOctober INovember,, ,December Commissioners INo I ( I I Quorum (N /A N /A Bud Sorenson P P IP IP P IP IP IP IP Art Mead P E IP IP E IP (P P P Rich Theis A P IP JA P JA IP A P Don Peterson P P P P P E P P P John Russell P E E IP P ( P P P P Tom Shinnick E E E P E P P P P Gail Ebert P P P P P P P P E 1 P = Present E = Excused A = Absent 1998 Planning Commission Attendance Records i Date Wilson Boeck Erdmann Newman Reem Walker Nelson Rahn 1 -14 -98 Excused Excused i 2 -11 -98 Unexcused Excused 3 -12 -98 Excused 3 -26 -98 Excused Unexcused Excused 4 -16 -98 Resigned 3 -26 4 -30 -98 Excused 5 -14 -98 5 -28 -98 6 -11 -98 Excused 6 -25 -98 7 -16 -98 8 -13 -98 Excused Excused 9 -10 -98 Excused Excused 9 -24 -98 Unexcused Excused 10 -15 -98 Excused Excused Excused Excused 10 -29 -98 Excused Excused i I1 -12 -98 Unexcused Unexcused Wilson - present 16, excused absence 1 13oeck - present 12, unexcused absence 2, excused absence 3 Erdmann - present 12, excused absence 4, unexcused absence 1 Newman - present 13, excused absence 3, unexcused absence I Reem - present 15, excused absence 2 Walker - present 1, excused absence 3 Nelson - Present 14, excused absence 3 Rahn - present 5, 1 unexcused absence 0 0 0 City Council Agenda Item No. 9h • MEINI0RANDUM DATE: January 5, 1999 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Works SUBJECT: Status Report on Brooklyn Boulevard Roadway and Enhancement Projects This status report is organized into three sections: general information about the roadway and enhancement projects; more detailed information about the roadway project; and more detailed information about the enhancement project. To remind the Council, the roadway project consists of the construction of roadway improvements, including widening, channelization, and new signal systems between 65th and Noble /71st; construction of a trail on one side of Brooklyn Boulevard and a sidewalk on the other; and improvements to the freeway ramps. The enhancement project is actually a set of improvements which would be completed under multiple contracts. These improvements include: upgrading various concrete structures on the roadway project (such as medians and radiuses) with colored concrete; installation of ornamental street lighting, both pedestrian -level at the intersections and also roadway lighting in the corridor; installation of plantings at the corners and the addition of trees along the corridor; undergrounding of the overhead power and other utility lines in the corridor; and installation of City entry signs at the north and south city limits. Officials, business people, and others representing several agencies, consultants, and organizations have collectively participated over the last several years in planning for these projects. The core design team, consisting of numerous City, County, and NIn /DOT staff and consultants, has been meeting since August to prepare final plans & specifications for the roadway and portions of the enhancement project. OSM, working for the County, is preparing the final roadway design, in accordance with the preliminary design already approved by the Council and the County. BRW, working for the City, is preparing the enhancement design. A conceptual design for the enhancements has been prepared and is awaiting Council and public input before proceeding with more detailed design. The Environmental Assessment has been completed and approved. The Phase I environmental study, which identifies in more detail than and Environmental Assessment known and potential contamination, has been completed and an action plan is being prepared. The target date for completion of plans and submittal to Mn/DOT is June 1, so that the plans and specifications can be reviewed and approved prior to the December 31 sunset deadline. (Agencies must have completed and received approval of plans and specifications and have acquired right of way or have an approved plan to do so prior to the sunset date in order for funding to continue.) Final roadway plans will be presented to the City Council in May for approval. The right of way agreement is in the process of being executed, and acquisition will begin within a few months. An open house has tentatively been scheduled for February 4. This open house will present and take comments on the plan design to date for both the roadway and the enhancements. We will also take public comments on certain design elements of the enhancement project which have yet to be selected, such as the type of lights and type of plantings. This public input will be brought to the Council for final selection of those design elements. i Page 2 Roadway Because Brooklyn Boulevard carries such a high volume of traffic and there are few alternative routes, Hennepin County has determined that the roadway must stay open to traffic during construction, and cannot be completely shut down and detoured. Maintaining access to businesses is a priority, as is maintaining access to and from the freeway. OSM has prepared a project phasing plan and has concluded that if through traffic must be accommodated it will not be possible to complete construction of the project in one construction season. Therefore, Hennepin County has now scheduled construction over a two -year period, with the east half the roadway to be constructed in 2000, and the west half in 2001. Enhancements would be constructed in 2001 or 2002. Design Changes Attached is a plan sheet showing the current plan for the roadway improvements. Some changes to the plans which have been developed since the Council approved the preliminary plans are: a revision to the design at Noble /71 st now allows for a right turn lane onto Noble; the intersection of 70th with Brooklyn Boulevard has been shifted slightly north and reconfigured to minimize the right of way required from the 69th Avenue redevelopment area; and Mn /DOT is considering adding an HOV bypass lane to the westbound on ramp. Signal Systems Part of Hennepin County's ISTEA requirements was to install a "state of the art" traffic management • system. Hennepin County has already converted the signals on Brooklyn Boulevard to their "Orion" management system which currently interconnects Brooklyn Boulevard from 55th Avenue to CR 81, and also some intersections on CR 81. A subcommittee of the design team is in the process of reviewing alternatives for enhancement, and is leaning toward a recommendation to install video detection technology, which provides a much more flexible and effective means of detection than conventional loop detection. This would provide a finer level of traffic control and signal optimization than is available today. The system would also "pick up" the ramp signals, and would interconnect with Mn /DOT's Traffic Management Center (TMC). Trail i vay A subcommittee is refining the design of the trailway under the freeway bridge. This traihvay will be relocated behind the bridge piers (see sketch), and will be enhanced with underbridge lighting. This will be a very substantial improvement over the existing situation. Coordination With VDr7 1DOT Mn/DOT has tentatively scheduled the "third lane" project to 1 -94 in 2002. This project would add an HOV lane in each direction from Brooklyn Center to Maple Grove, and would also include resurfacing the existing pavement, bridge redecking and ramp work, which at Brooklyn Boulevard would be in addition to the ramp work included in the Brooklyn Boulevard project. Mn/DOT staff are in the process of determining how much of the additional proposed ramp work can be added to the Brooklyn Boulevard project, to avoid the inconvenience of ram work as a art of the Brooklyn Boulevard project and then a P P P J few years later as part of the I -94 project. It is also possible that bridge redecking could occur as early as • 2000. Page 3 Other Outside of the project limits, upon completion of the project Hennepin County intends to restripe Brooklyn Boulevard north of Noble to replace the continuous double left turn lanes with a dual left turn lane (similar to Frcewav Boulevard) from Noble to Regent. After this is complete, the only continuous double left turn lanes remaining on Brooklyn Boulevard will be between 58th and 65th Avenues. Hennepin County has not yet decided if this area, too, will be restriped. Enhancements Met Council's Traffic Advisory Committee has approved "rolling" the City's ISTEA enhancement grant into Hennepin County's ISTEA roadway grant. Staff have started discussions as to how an agreement between the County and the City could be crafted to assure that enhancement funds are spent strictly for enhancement purposes, and don't get "lost" in the larger roadway project. Also, since some of the enhancements will be separate contracts let and administered by the City, it must be determined how coordination and oversight by the County will occur. Mn /DOT State Aid, which administers ISTEA funding, is flexible and is open to considering a number of different ways of administering these grants. Work continues to determine which enhancement items will be constricted with the roadway project, and which will be accomplished by separate contracts. For example, it may be more cost - effective and practical to construct street light concrete bases and run electrical conduit for the streets lights as a part of the roadway contract, then the City would contract separately for installation of the street lights. • Design BRW has completed a conceptual design for the project which includes intersection improvements, a lighting plan, and some ideas for a city entry monument (see attached sketches.) These are conceptual plans, and numerous design decisions have yet to be made. However, it is important to note that design decisions must be consistent with the objectives stated in the ISTEA application. For example, the application included the pedestrian street lighting objective, so the City is obligated to install pedestrian lighting. However, the type of lighting and its location can be at the City's discretion and selection. Right of Way and Easements Work continues to finalize the inventory of easement acquisition needs. The intersection enhancements will require the acquisition of triangular easements similar to the nodes in the Farm commercial area (although Brooklyn Boulevard will not have the concrete wall structures as do the Farm nodes.) Also, there will be numerous cases of existing sidewalk easements which must be widened by a few feet. Theme Finally, as a part of the Council and public input process, an enhancement "theme," or "principal," should be confirmed. At this time, as a general theme, elements from the Earle Brown Farm are being considered, such as picket or split rail fence, and spruces and other evergreens. Consideration has also been given to continuing the shrub rose bed theme established at the Park and Ride and Cahlander Park up Brooklyn Boulevard as a part of the intersection plantings. Pa-e 4 Suniniau Cons iderable i s o siderable administrative and des `work must be ht of accomplished over the next six months. Rig � P way acquisition (including easements) must be accomplished over the nest 15 months. Public education about the project will ramp up in the last half of 1999. Obviously this project will have far - ranging repercussions, especially to the existing businesses on Brooklyn Boulevard. It is expected that this item will be brought back to the Council at its February ?? meeting for further discussion and update, and selection by the Council of various design elements. Periodic reports will be presented throughout the year. • • Page 5 • Comments regarding the attachments: 1) Approved preliminary design as shown in the Environmental Assessment, with major design changes made since pointed out. 2) Approved "typical" street section. This section looks northward in the segment just north of the freeway, where Brooklyn Boulevard is at its widest. From left to right, the cross section shows the colored concrete edge strips on either side of the 3m (9.8 ft) trail; a 2.3 m (8.6 ft) wide turfed boulevard, with trees and decorative street lights; a .8 m (2.6 ft) colored concrete edge strip between the turfed boulevard and the back of the curb; typical lane widths; a colored concrete median; edge strip and boulevard on the east side same as the west, and a 1.6 m (5.3 ft) concrete sidewalk. All medians will be colored concrete except where the median is wide enough to support turf, which is primarily south of I- 94/694 and possibly north of 69th. 3) & 4) These sketches show two alternatives for the trail and sidewalk passages under the freeway bridge. Option A would be at grade, and would require cutting back the bride slope, and Option B would be elevated, with a concrete barrier or fence separating the trail users from the bridge pillars. Mn /DOT is leaning toward Option B, the elevated alternative. 5) The "Recommended Intersection Enhancements and Roadway Landscaping" sketch is from an early study prepared by BRW. It shows an idealized typical intersection. Some of these design elements remain viable, and some have been dropped due to right of way, safety, or maintenance concerns. There will be no trees in the turfed medians, as Hennepin County will not allow them. The landscaping at the intersections will lean more towards shrubs and lower plantings than overstory trees, although the evergreen backdrops continue to be viable options. The sidewalk radiuses will have contrasting colored concrete, although not as much as suggested by the shading on this conceptual plan. The plan does show the typical pedestrian lighting at the intersections, as well as the decorative street lighting. Note the absence of overhead utilities; the enhancement project continues to include provisions for undergrounding those overhead utilities. No decisions have been made on bus shelters. 6) This layout simply shows in a general Nvay the locations of the major plantings and enhancements. 7) & 8) Two concepts for pedestrian level ornamental lighting. Our intent is to install lighting that is NSP supported so that we can contract with NSP for maintenance. While this eliminates maintenance headaches for our staff, it limits the number and variety of fixtures available. 9) & 10) Two concepts for overhead street lighting. Again, the intent is to select fixtures which are NSP supported. 11) Various entry monument studies. The white wooden fence echoes the Farm theme. 12) - 19) Various design sketches for enhancement locations. • - fl "APP i�Z o�-u fflQ J7E� LO I "T CNC�C ' ��(Op tiC11% Brookl B lv d = • /� I _ ,_— - - - - - -- -- - - - - -- - — _ II — - - - -- -- _ - - - -- - - -- --- __ —___ -- ___ `-- - - - -__ _ — - - - - - -- _— - ---- ------- - - - -- -- Uj — z i p _...- _ -.. _... . -- ..... .- .. r _ rt �::+ .cv�z- :.aa- ,w.n_•�.a:'�:.•:x.�z ...•._.... ... ..._.. . r- an..zaa::r����c.�c:_ � - f/ • •.• -•.•. ' �'rw l�L'1;rW.'..yiJ iJ " "u:'!�++M�xY`.':�.:.i�_Yl:. CSAH 152 Blvd - - -- 1 — = - - -- — - - - - - -- — — C$ tJTt (-1 w/N6 ,AlV cz Na ✓ g y f7A-5 1 -A"' E RAMP Brooklyn Boulevard ° -• Figure 2.4 o � a m Preferred Alignment SGUniM I�k© ,f'. ':^T5F• s,- .'!T•T'^OyyC yf° - ,.';m:,r. � *.. 'o':^ - "x:•:. -f ,. - _•f_ ^_ _ - _ ,, "P%' , .i": �.! ` "5 -- mv'� •ter.- o "z.:�.r.a —..-. - 4' ,.t L �. � ..,: •.µ'la . "fit t . %Jr: ,• /.:' - ! {Y F.' . <,ca •b" "a. 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Ni ar Clear j 1.6 no c' Zone Vi� ,... , , ., r _... ,,,,.;.• -. _. a Watir:. y .1 .a �• J +4 +t•• Ii - '� t 'r 0.3 m 0.3 m {.o' 0.6 m 2a 0.3 m (1.0') ,0.3 m (o.rlary 0.6 m(�•d) (J.d) 1 rr 3' ( ) 4.3' ( I 0.3 m 3.0 m 1.3M M 3.6m 3.6m 3.6m 3.6m ,1.8m 3.6m 3.6m 3.6m 1.3m,1.3rn 1.6m (JOry (8.8') (4. ' .. _ (n.aq p}.a') OJ.ary (u.ary (5.9ry OJ.ary (nary (nary ` (4. Y) ` (4.3') ` (5s) ! 7.3 m 28.8 m 5.3 m (24.0') (84.5) (17.4') y 41.4 m Streetscape Section r A lt 2 0 � Z 3 4 5 6 � Meters Brooklyn Boulevard Redevelopment 5 feet 10 75 LLlq '4,W hj n� J12 f i 41 k �� Fi I I ���a itiix3 i I Lo l i 4I \ ell l e t PAS w� I C7 f I Tl BD E t--- --� - -J �Loc"Mo - ALTERgAill4a T?A L -5 1 UeW AtoV- uioe 15 t. C, 7 1 o 144 OPTIOIQ �l .r f G •T..i \l M, / fi t . ,,= ~ •.I/ . AP ) / "', /- C-� `�} A li%' \ �. ;�s��. >`,,'?'?:�;;,�? Al Rt ; F * t Figure 8 Recommended Intersection Enhancements and Roadway Landscaping Brooklyn Boulevard Streetscal-)e Amenities Project IN TO TO Cam, AkWIIIIIII— A at �;p FREEWAY ENTRY W A I -, 7/ l o. L tJ()ULE-VARD/ ------- a 7— [L END PROJECT AREA I ? ICE i: F3 RGOKLYN BOULEVARD T /NORTH CITY GATEWAY INTERSECTION TREATMENT (TYP.) STREET TREES AND STREET LIGHTS WITHIN BOULEVARD Brooklyn Boulevard Streetscape Improvements Figure 4 Proposed Improvements *11ow Area I No Sc>a September 1998" L E C SMC. • p 2Z' Sf"' pa p l l I f t _ 111 1 ! / ✓�_ � i o I I � i 14 -11 -95 BROOKLYN CENTER M;NNFSOTA J.C. Lb, 1 4863A -- • -- _ _ • - c4 A .r7nraTOC oor:c CYD LUMINAIRE: --21 1 f2 Z56 -70S -III- VOLT -I -C G5 L- k (54 P, S POTEAU: P -12 -CS ir,:• Y J:r 35 1 t I OFT A I t� �I 12' -C' ,� ® v 2187 ue�terir, t a.al Qutboc. Casa N7L 31`6 Ttt (514) 687 -8544 Fa.. 687 -175 Titre / Prolat. Ville ce t.acnute Lo— oada.re c4coratit prolet Ra +.c,ntre x -1 Ecnene i 24 ot3vm e5U654 Oess�6 BESNER v8nnp Oa1e 95/06/14 Page No Rd! soon Date Par R I8 DO —28,00 / 1907 t /✓`�n DOOR CABLE. — 25.00 — LLMINAIRE SPECIFICATIONS MCLSJ G. 75.0• CIA X B 0• HI ON ONE-PIECE ExTRLOED ALU41W4JN. CANOPY; ALCMIMS(. FORMED. AND SEALED TO R: OIIG. REFLECTOR: DIE - FORMED SPECU.AR ALI.'N!!UM FORA TYPE ( ) I.E ND (BUT ION REFLECTOR. NTAGEO. AND SEALED EALED TO DOOR. DOOR: IN.ECT IOM M7LOE0 THERMC [C. FIAT LENS: CLEAR FLAT TEM 0 M. GASKET. t TEMPERED GLASS. TOLLED INTO tXGR. ELECTRICAL SPECIFICATIONS BALLAST: 250 WATT/ vOLT CCRE. AND COIL MINTED IFZI3(INAIRE. LAMPMICER: MM BASE PORCELAIN. LAMP: 250 WATT METAL MALICE. LAMP. BY OTHERS. 2B -�• POLE SPECIFICATIONS ZS -0 ' SHAFT: ROINO TAPERED STEEL 7.2' CIA. x 3 0• DIA. x 11 GA. ' ARM: 2 1/2' SCII d0 ALtJHINUM PIPE. (2.88' CIA,! • BASE COVER: HIGH T 1 C DIA. x O' CIA x 30.0' HIGH TWO -PIECE CAST CIA I MA,CTO_E' FI.M COVER. BASE: 1.0' 1HK. x 10.5 SO. STEEL RATE. CLNTINLMSLY WELOEO TO POLE. FINISH: FACTORY APPLIED COLCR BAKED ACRYLIC EN—,. 3 L ANCMRACE: (A) 1.0' x 38.0' x A.0• GALVANIZED Cl STEEL ANCHOR BOLTS ON A 10.0' EMT ,\ CC CIRCLE. b Z A > = (�(n� 3 3 9 m RTES: m •• 1. ALL TIRE CONNECT tONS TO BE TWIST ON !'1 a ra TIRE NUTS. NO CRIMP CCNNECTCRS TO BE USED. F r A 2. LLMINAIRE SUPPLIED WITH TERMINAL 8LCCK TERMINAL BLOCK TO ACCEPT LP TO 18 ALUM iluM Z A! - . WIRE. O b" 3. PLUG C� CTORS USED BETWEEN BALLAST. 00 LAIPOLCER. AND BALLAST. AND TERMINAL BLOCK. FOR EASY BALLAST w REMY AL. z TACK ITS S IEO WITH SAFETY CABLE. FROM B&LA BALUSt TRACK TO W IIG. o r 8 _ x T N C m Io.00 3.75. aw�nlw m i g f EI _ : ) 1 c— 'D 1 10.0' �T CTWCLF C 4 30. Cz N 7.07' BLLt snJAWW FOR m I W fl � 20.37J NOTE: OTHER T T SrOWH. CCNSLLT ^� FACTORY. O s z P. 0-7/03 r �L _ L U E C Po Lp.-O a J !hG (% :�, s . 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Y" '•� # �n 3� s � � � ' � a /y. • �4!i '•1 ,'i t !; t`„ +i'1,� 'iC �t..:+4.f r / .. }..l • �i' ,.� I:i . T`* .. a' �;': {�;�. _'f "� .,' ?i�:'`'� . •l4 s� #,:1 ,;'n''' . -1 r. - Z.',r'rK., S'F � &, ., ��?' � e•, •'.a "9`' '`i' r' :'tlf. . (•!,. r � .i0; t �la;,� :� � {S d . `''s`_' {.:-" -ti''- t. .�r�t.,,_ r fi t._ � ' ij. - :2 L, L aY:x Ar. 'ib;,.+t" :•1-C j 'ig! . Q . - � - . • -6 3' •... a. - '.rte '! � °'. i`'r .,111 ,'�v —ir •r�s.. �y :KF' .. ,fh d 1 t i . - :•Aid.y v \'F. Yid'' - ��/ r' y c =c - r I •taa i 4 a i a.e _ 1 i ii � - •.')�' eke it •.y, ,.,�"` < \.`:= — •S _'i' • ..,,.. ..; ` - ^,,. :.�' .'i; " .;%il Y,l .� ,. t� F .'ir tw .S t •f: .q; .1% > t~� z•3 •r. v' Lrr rr , s r t l r r 1r "t. a f;� k. S .•h ' - .i ." t� :t Ste' .r' 1 :t a Fi 6 BRW, Inc. Gateway Design Studies Brooklyn Boulevard 5treetscape Improvements September 1998 / � • WEST O rjRbcl��1'N rSWD,, No �T�'t' t1F `,t{•I�LE GEC. Ir O EX�S � C( Io p 2v P�iiVv 7:NG / l lAul_ Pr��A1. P 'ci�� boS l0 DEL) I ��U51. �P- N 5�� ., WOOA ��-0Pos� • c���wrr� Slgr� 5to�a�- �` (� J 0 \ c -- d S i ,I I� I S3'�r�d3� drd� iwo i • � \j ts \61L,�v • M , l ; 25a N �' ?R A TNC. Li / lk zS - -- `� � -� - � 11111111 ����� A- I cogNec v151a scvP'( I op e 70 ^ kVE �V 1:250 ful I I /1 t2 �aa�gS i t J + a -� _ `' ,/� Low PLpem 4 s . - IN / • CLUMP ASH oR F� ''� / Q • CL td M t i ,- �l 1 ----------- - - - - -- -- j -- - - -- - - -- _ ,1 1 I l k 1111 i t 11111) _ . - ea (11111 li 111111 -i 1 -I 1111111 1 -I I 1 =� -�11 C1 V ! t I - �- - 56) ?- Is) I1"S W(O fd N � -:1 :� 3 p Y ,+ " 17) f Ad AL`s ,U.n19 �S1 - �13w 0 �rq WOO • 052 'W txooY'L* sL'QD ST TscEaF� CO" A \ASINUT' 'STUOY • us VIA, � ;, - d / Aft aft - - - - - - - - - - - - - - - - - - - J _ -- - - - - Y /z 8� dcrD� -- 0 m 3N 4, IV • Q) % Sb�2(ti CD • �NI t�7� sus '.i5,x� --�, J - - zN c, + Poo S � �Mo `� � ? d (� — �•- EXIST S� � PAVE4 1 l =r • City Council Agenda Item No. 9i • • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Brad Hoffman, Community Development Director 1 ,! , 5 DATE: January 7, 1999 SUBJECT: Resolution Calling for Public Hearing on the Creation of Tax Increment Financing (Soils Condition) District and the Adoption of a Tax Increment Financing Plan Therefor Monday evening the City Council will have before them a resolution calling for a public hearing on the creation of a soils tax increment district. If approved, the hearing would be held during the Council meeting on the 8th of February. Notice of the hearing and copies of the plan as required will be sent to the Robbinsdale School District and Hennepin County. The plan would also be reviewed by the Planning Commission for their comment relative to the plans consistency with the City's Comprehensive Plan. • The Tax Increment District if approved would encompass four (4) current parcels including the Joslyn Pole Yard site. (See attached map). The four (4) parcels have a combined market value of $2,005,600 with a net tax capacity of $68,621. The district as a soils district would have a statutory potential life of up to twenty (20) years. In a soils district, TIF monies are primarily used to acquire property, and pay for the cost of removal or remedial action of the contamination that qualifies the property as a soils district. The Joslyn Pole Yard is listed as a federal "superfund site" because of the creosote contamination of the soil and ground water. An estimated total of $8,600,000 in necessary qualified site preparation costs have been identified that exceed the otherwise fair market value of the land. Of the $8.6 million $6.4 million is directly related to soil cleanup and the balance is the additional cost of building acquisition and removal. At the public hearing the Council will concurrently consider a development agreement with Real Estate Recycling. Real Estate Recycling is a small firm that specializes in the redevelopment of polluted sites. The firm is headed by Paul and Mac Hyde along with Jeff Hall. They propose to develop the site in three (3) phases corresponding to three (3) reconfigured parcels. The uses will be office /warehouse /light industrial uses consistent with the area's 1 -2 zoning. When fully developed the site would have between 400,000 and 500,000 square feet of new construction and would generate upwards of 600 full time jobs. The market value of the development dependent upon the mix will range from $18,000,000 to $25,000,000. To date there has been significant interest in the site by potential users. The City of Brooklyn Center has applied for grants to assist in this project from the Department of Trade and Economic Development and the Met Council. We have received notice from both DTED Michael J. McCauley January 7, 1998 Page 2 and the Met Council that this project has been funded for Phase I. The two grants total approximately $2.1 million dollars. The development agreement as it is currently being drafted would provide the following financial assistance to the developer. First, all costs of the development would be financed by the developer. TIF assistance would be "pay as you go" meaning the developer would receive the assistance if there is available TIF generated by the project. If the developer isn't successful in developing the site in a manner significant enough to generate TIF funding the maximum TIF funding potential would not be realized by the developer. Second, the City would agree to a maximum of ten (10) full years of TIF assistance per phase of the development. In other words, when the developer has completed the first building they would start the ten (10) year clock on that phase and the completion of the second building would start the next ten (10) year clock. However, all phases would have to start within five (5) years. When the ten (10) year clock on Phase I expires that parcel would be removed from the TIF district reverting back to the tax roles. The intent is to limit the actual TIF payment to a maximum of ten (10) year of total development although the impact of staging the district would give the district a potential lifetime of 15 years. Third, the total maximum TIF assistance from all development that could potentially be received is $4 million in today's dollars paid over the 10 year period at 8%. Fourth, to the extent that new grants are received from any source that would reduce the total qualified costs below 4 million dollars there would be a corresponding reduction in the • potential $4 million of City assistance to the developer. As an example the identified extraordinary costs of this project is $8.6 million. The City has received about $2.1 million in grants reducing the number to $6.5 million. The developer will be required to apply for available grants for each phase of the development. An application for Phase R to the State and Met Council will go out this spring and Phase III probably this fall. If the City received an additional hypothetical $4 million in grants for Phase's II and III then the maximum TIF assistance from the City that could be received would be $2.5 million as opposed to $4 million. Fifth, a final cap on potential TIF assistance is created that would limit the City's level of assistance. The City will not provide assistance that would lower the developer's cost for useable land below $2.00 per foot. The developers cost for land should be $2,875,000. The $2.00 per foot is in the middle of the price range for comparably zoned property in the north metro area. If the cost of clean up is less than estimated the price per foot will control a potential windfall to the developer. As an example, we have estimated the cost of preparing the site at $8.6. If the actual cost was $7.6 million and the City received a total of $5 million in grants the TIF need of the developer would be $2.6 million not $4 million and a S 1.4 million windfall would be eliminated. I have calculated a number of "what if's" for this development project. If the market value of the total project is $18,000,000 and that value is held constant the TIF generated is $494,576 annually. Over a 10 year period of full taxation the current value of the TIF assistance to the developer would be 53,072,000. The biggest impact on the cash flow is the fiscal disparities contribution of S 170,170 annually. If the fiscal disparities money were available to the TIF district,'that district would generate is I almost $42 million (present value) in eight (8) years. For the developer to realize the full $4 million Michael J. McCauley . January 7, 1998 Page 3 in assistance from the EDA the total value of the development has to be approximately $25 million in market value. If the developer wishes to receive the maximum benefit of the district, they can maximize the square footage of the construction to the 500,000 square foot area and /or seek developments that will result in greater market values for the project. These are general points around which a development agreement is being discussed. Monday evening, Council direction relative to approval concerns or other observations should be sought in order to bring a finalized agreement to them on the Sth of February. I will be at the meeting Monday evening to answer Council questions. • 52ND AVE. N. I " _ z Z m Z Q OAK T. w - Y / m- o / 51 T-- - $ ■ x "`, 51 ST AVE � x, I 1>J s00 x 1\! 50TH AVE. N. / ■ ,. � i� �Q� I I I IDLE ■ / (49TH AVE. IN SW E w� Iw > w FREE G AV'= Q W I Q J I > J 48TH AVE. N. LAKESIDE I I N LAf E z 47TH AVE. N. _ B EACH PAR ,„ T5— Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CALLING FOR PUBLIC HEARING ON THE CREATION OF TAX INCREMENT FINANCING (SOILS CONDITION) DISTRICT AND THE ADOPTION OF A TAX INCREMENT FINANCING PLAN THEREFOR WHEREAS, the Economic Development Authority in and for the City of Brooklyn Center (the "Authority ") has received a request from Real Estate Recycling to provide tax increment financing assistance for a project known as the France Avenue Industrial Park to be undertaken in the City of Brooklyn Center (the "City ") in an area which includes the former Joslyn wood pole treating site, and the Authority has asked the City Council to hold a public hearing on the establishment of Tax Increment Financing (Soils Condition) District. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota (the "City "), as follows: 1. Public Hearing. This Council shall meet at the time and place specified in the form of notice attached hereto as Exhibit A for the purpose of holding a public hearing on the proposed establishment of Tax Increment Financing (Soils Condition) District, and the proposed adoption of the Tax Increment Financing Plan therefor, all pursuant to and in accordance with the Minnesota Statutes, Section 469.174 through 469.179, both inclusive (collectively, the "Act "). 2. Notice of Hearing: Filing of Program.. The Clerk is hereby authorized to cause a notice of the hearing, in substantially the form attached hereto as Exhibit A, to be published as required by the Act and to place a copy of the proposed Tax Increment Financing Plan on file in the Clerk's office and to make copies available for inspection by the public. 3. Consultation with Other Taxing Jurisdictions. The actions of the staff in mailing a notice of the public hearing to Hennepin County and Independent School District No. 281 informing those taxing jurisdictions of the estimated fiscal and economic financing district are hereby ratified. 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. EXHIBIT A CITY OF BROOKLYN CENTER NOTICE OF PUBLIC HEARING REGARDING THE ESTABLISHMENT OF TAX INCREMENT FINANCING (SOILS CONDITION) DISTRICT AND THE ADOPTION OF A TAX INCREMENT FINANCING PLAN THEREFOR NOTICE IS HEREBY GIVEN that the City Council of the City of Brooklyn Center, Minnesota (the "City ") will meet on February 8, 1999, on or about 7 p.m., or as soon thereafter as the matter may be heard, at the City Hall in Brooklyn Center, Minnesota, for the purpose of conducting a public hearing on the proposal of the Economic Development Authority in and for the City of Brooklyn Center (the "Authority ") to establish Tax Increment Financing (Soils Condition) District. The City Council will also consider the Tax Increment Financing Plan proposed to be adopted by the Authority for the Tax Increment Financing District. The Tax Increment Financing District is located within Housing Development and Redevelopment Project No. 1 (the "Project Area "). A map indicating the boundaries of the Project Area and the property proposed to be included in Tax Increment Financing (Soils Condition) District is set forth below. I A draft copy of the proposed Tax Increment Financing Plan, along with all attachments and exhibits thereto, will be available for public inspection at the City Hall commencing on January 18, 1999. All persons interested may appear and be heard at the time and place set forth above. BY ORDER OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER /s/ Sharon Knutson City Clerk City of Brooklyn Center, Minnesota Brooklyn Center EDA, Minnesota Tax Increment Financing Plan for Tax Increment Financing (Soils Condition) District No. 1 (France Avenue Business Park Project) Dated: January 6, 1999 Prepared by: SPRINGSTED INCORPORATED 85 E. Seventh Place, Suite 100 St. Paul, MN 55101 -2887 (651) 223 -3000 TABLE OF CONTENTS Section Paae(s) A. Definitions ................................................................................... ............................... 1 B. Statutory Authorization ............................................................... ............................... 1 C. Statement of Need and Public Purpose ...................................... ............................... 1 D. Statement of Objectives ............................................................. ............................... 1 E. Designation of Tax Increment Financing District as a Soils Condition District............ 3 F. Duration of the TIF District and the Three Year Rule .................. ............................... 3 G. Property to be Included in the TIF District ................................... ............................... 4 H. Property to be Acquired in the TIF District .................................. ............................... 4 I. Specific Development Expected to Occur Within the TIF District ............................... 4 J. Findings and Need for Tax Increment Financing ........................ ............................... 5 K. Estimated Public Costs ............................................................... ............................... 6 L. Estimated Sources of Revenue .................................................. ............................... 6 M. Estimated Amount of Bonded Indebtedness ............................... ............................... 6 N . Original Net Tax Capacity ........................................................... ............................... 6 O. Original Tax Capacity Rate ......................................................... ............................... 8 P. Projected Retained Captured Net Tax Capacity and Projected Tax Increment.......... 8 Q. Use of Tax Increment ................................................................. ............................... 9 R. Excess Tax Increment ................................................................ ............................... 10 S. Tax Increment Pooling and the Five Year Rule .......................... ............................... 10 T. Limitation on Administrative Expenses ....................................... ............................... 11 U. Limitation on Property Not Subject to Improvements - Four Year Rule ...................... 11 V. Estimated Impact on Other Taxing Jurisdictions ......................... ............................... 12 W. Local Government Aid Penalty ................................................... ............................... 13 X. Prior Planned Improvements ...................................................... ............................... 13 Y. Development Agreements .......................................................... ............................... 13 Z. Assessment Agreements ............................................................ ............................... 14 AA. Modifications of the Tax Increment Financing Plan ..................... ............................... 14 AB. Administration of the Tax Increment Financing Plan ................... ............................... 14 AC. Financial Reporting and Disclosure Requirements ..................... ............................... 17 Map of the Tax Increment Financing District ........................... ............................... EXHIBIT I Assumptions Report ............................................................... ............................... EXHIBIT II Projected Tax Increment Report ............................................. ............................... EXHIBIT III Estimated Impact on Other Taxing Jurisdictions Report ......... ............................... EXHIBIT IV Market Value Analysis Report ................................................. ............................... EXHIBIT V i Brooklyn Center EDA, Minnesota Section A Definitions The terms defined in this section have the meanings given herein, unless the context in which they are used indicates a different meaning: "Authority" means the Brooklyn Center Economic Development Authority. "C_� means the City of Brooklyn Center, Minnesota; also referred to as a "Municipality ". "City Council" means the City Council of the City; also referred to as the "Governing Bodv ". "County" means Hennepin County, Minnesota. "EDA Act" means Minnesota Statutes, Section 469.090 to 469.108, inclusive, as amended. "HRA Act" means Minnesota Statutes, Section 469.001 to 469.047, inclusive, as amended. "Redevelopment Proiect" means Housing Development and Redevelopment Project No. 1 in the City, which is described in the corresponding Redevelopment Plan. "Redevelopment Plan" means the Redevelopment Plan for Housing Development and Redevelopment Project No. 1. " Proiect Area" means the geographic area of the Redevelopment Project. "School District" means Independent School District No. 281, Minnesota. "State" means the State of Minnesota. "TIF Act" means Minnesota Statutes, Sections 469.174 through 469.1791, both inclusive. "TIF District" means Tax Increment Financing (Soils Condition) District No. 1. "TIF Plan" means the tax increment financing plan for the TIF District (this document). Section B Statutory Authorization See Subsection 1.3 of the Redevelopment Plan for the Redevelopment Project. Section C Statement of Need and Public Purpose See Subsection 1.2 of the Redevelopment Plan for the Redevelopment Project. Section D Statement of Objectives See Subsection 1.4 of the Redevelopment Plan for the Redevelopment Project. SPRINGSTED Page 1 Brooklyn Center EDA, Minnesota Section E Designation of Tax Increment Financing District as a Soils Condition District A soils condition district is a type of tax increment financing district in which one of the following conditions exist: (1) there exists the presence of hazardous substances, pollution or contaminants which require removal or remedial action for use, and such removal and remedial action is specified in a development action response plan; (2) the estimated cost of the proposed removal and remedial action exceeds the fair market value of the land before completion of the preparation. The requirement specified in (2) above may also be satisfied if each parcel of property in the district either meets the requirements of (2) above or has estimated removal and remedial costs which exceed $2 per square foot. Tax increments derived from a soils condition district may only be used to: (1) acquire parcels on which improvements described in (2) below will occur; (2) pay for the cost of removal or remedial action; and (3) pay for the administrative expenses of the authority allocable to the district, including the cost of preparation of the development action response plan. Section F Duration of the TIF District and the Three Year Rule Soils Condition districts may remain in existence 20 years from the date of receipt of the first tax increment. The Authority reserves the right to allow the TIF District to remain in existence the maximum duration allowed by law (projected to be through the year 2020), but anticipates that the TIF District will be decertified prior to that time (see Section P). All tax increments from taxes payable in the year the TIF District is decertified shall be paid to the Authority. In addition, no tax increments shall be paid to the Authority from the TIF District after three years from the date of certification unless within that time period: (1) bonds have been issued in aid of the Project Area (except revenue bonds issued pursuant to M.S. Sections 469.152 to 469.165); (2) the Authority has acquired property within the TIF District; or (3) the Authority has constructed public improvements within the TIF District. 2 SPRINGSTED Page 2 Brooklyn Center EDA, Minnesota Section G Property to be Included in the TIF District The TIF District is approximately a 4- parcel, 45.92 -acre area of land located within the Project Area. A ma showing the location of the TIF District i h Exhibit I The boundaries p g t s shown in t ou daises and area encompassed by the TIF District are described below: Parcel ID Number Leqal Description 10- 118 -21 -31 -0008 Lot 3, Block 1, Dale & Davies 1" Addition 10- 118 -21 -31 -0028 Lot 2, Block 1, Dale & Davies 3` Addition 10- 118 -21 -31 -0027 Lot 1, Block 1, Dale & Davies 3` Addition 10- 118 -21 -23 -0004 Unplatted 10- 118 -21, that part of gov't Lot 2 lying swly. of rr r/w ex road The area encompassed by the TIF District shall also include all street or utility right -of -ways located upon or adjacent to the property described above. Section H Property to be Acquired in the TIF District The Authority may acquire and sell any or all of the property located within the TIF District; however, the Authority does not anticipate acquiring any such property at this time. Section I Specific Development Expected to Occur Within the TIF District The Redevelopment Project proposed for the site will consist of a Phase I and II development. ® Both Phases will be developed with office /warehouse /industrial uses. It is anticipated the site will consist of approximately 400,000 square feet of industrial /warehouse /office space. The facility is expected to be fully constructed in 2000 and be 100% assessed and on the tax rolls as of January 2, 2001 for taxes payable in 2002. Phase II of the project will consist of development of the remaining developable area as an industrial park with office /warehouse and /or industrial uses. At the time this document was prepared there were no signed construction contracts with regards to the above described development. SPRINGSTED Page 3 Brooklyn Center EDA, Minnesota Section J Findings and Need for Tax Increment Financing ® In establishing the TIF District, the City makes the following findings: (1) The TIF District qualifies as a soils condition district; See Section E of this document for the reasons and facts supporting this finding. (2) The proposed development, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future, and the increased market value of the site that could reasonably be expected to occur without the use of tax increment would be less than the increase in market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the TIF District permitted by the TIF Plan; The reasons and facts supporting this finding are that the developer has represented to the Authority that it would not undertake the proposed development without the assistance of tax increment financing. Private investment will not finance these development activities because of prohibitive costs. It is necessary to finance these development activities through the use of tax increment financing so that other development by private enterprise will occur within the Project Area. A comparative analysis of estimated market values both with and without establishment of the TIF District and the use of tax increments has been performed as described above and is shown in Exhibit V. This analysis indicates that the increase in estimated market value of the proposed development (less the indicated subtractions) exceeds the estimated market value of the site absent the establishment of the TIF District and the use of tax increments. (3) The TIF Plan conforms to the general plan for development or redevelopment of the City as a whole; and The reasons and facts supporting this finding are that the TIF District is properly zoned, and the TIF Plan has been reviewed by the City Planning Commission and will generally compliment and serve to implement policies adopted in the City's comprehensive plan. (4) The TIF Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of the Project Area by private enterprise. The reasons and facts supporting this finding are that the development activities are necessary so that development and redevelopment by private enterprise can occur within the Project Area. (5) The City elects the method of tax increment computation set forth in Minnesota Statutes, Section 469.177, Subdivision 3b (see method b in Section P). r11 SPRINGSTED Page 4 Brooklyn Center EDA, Minnesota Section K Estimated Public Costs The estimated public costs of the TIF District are listed below. Such costs are eligible for reimbursement from tax increments of the TIF District. Soils /Environmental $2,794,800 Geotechnical 1,000,000 Acquisition 3,542,682 Demolition 140,000 Contingency 466,902 Groundwater Pumping and Clearance 2,000,000 Total $9,944,384 The Authority reserves the right to administratively adjust the amount of any of the items listed above or to incorporate additional eligible items, so long as the total estimated public cost is not increased. Section L Estimated Sources of Revenue The Authority anticipates providing financial assistance to the proposed development through the use of a pay -as- you -go technique. As tax increments are collected from the TIF District in future years, a portion of these taxes will be distributed to the developer /owner as reimbursement for public costs incurred (see Section K). The Authority reserves the right to finance any or all public costs of the TIF District using pay- as-you-go assistance, internal funding, general obligation or revenue debt, or any other financing mechanism authorized by law. The Authority also reserves the right to use other sources of revenue legally applicable to the Project Area to pay for such costs including, but not limited to, special assessments, utility revenues, federal or state funds, and investment income. Section M Estimated Amount of Bonded Indebtedness The Authority does not anticipate issuing tax increment bonds to finance the estimated public costs of the TIF District, but reserves the right to issue such bonds in an amount not to exceed $4,000,000. Section N Original Net Tax Capacity The County Auditor shall certify the original net tax capacity of the TIF District. This value will be equal to the total net tax capacity of all property in the TIF District as certified by the State Commissioner of Revenue. For districts certified between January 1 and June 30, inclusive, this value is based on the previous assessment year. For districts certified between July 1 and December 31, inclusive, this value is based on the current assessment year. The Estimated Market Value of all property within the TIF District as of January 2, 1998, for taxes payable in 1999, is $2,005,600. Upon establishment of the TIF District, and subsequent reclassification of property, it is estimated that the original net tax capacity of the TIF District will be approximately $68,621. SPRINGSTED Page 5 Brooklyn Center EDA, Minnesota Each year the County Auditor shall certify the amount that the original net tax capacity has increased or decreased as a result of: (1) changes in the tax - exempt status of property; (2) reductions or enlargements of the geographic area of the TIF District; (3) changes due to stipulation agreements or abatements; or (4) changes in property classification rates. Section O Original Tax Capacity Rate The County Auditor shall also certify the original tax capacity rate of the TIF District. This rate shall be the sum of all local tax rates that apply to property in the TIF District. This rate shall be for the same taxes payable year as the original net tax capacity. In future years, the amount of tax increment generated by the TIF District will be calculated using the lesser of (a) the sum of the current local tax rates at that time or (b) the original tax capacity rate of the TIF District. At the time this document was prepared, the sum of all local tax rates that apply to property in the TIF District, for taxes levied in 1998 and payable in 1999, was not yet available. When this total becomes available, the County Auditor shall certify this amount as the original tax capacity rate of the TIF District. For purposes of estimating the tax increment generated by the TIF District, the sum of the local tax rates for taxes levied in 1997 and payable in 1998, is 146.433% as shown below. 1997/1998 Taxinq Jurisdiction Local Tax Rate City of Brooklyn Center 34.554% Hennepin County 38.386% Independent School District No. 281 65.350% Metro Special Taxing Districts 5.646% Other Special Taxing Districts 2.497% Total 146.433% Section P Projected Retained Captured Net Tax Capacity and Projected Tax Increment Each year the County Auditor shall determine the current net tax capacity of all property in the TIF District. To the extent that this total exceeds the original net tax capacity, the difference shall be known as the captured net tax capacity of the TIF District. For communities affected by the fiscal disparity provisions of Minnesota Statutes, Chapter 473F and Chapter 276A, the original net tax capacity of the TIF District shall be determined before the application of fiscal disparity. In subsequent years, the current net tax capacity shall either (a) be determined before the application of fiscal disparity or (b) exclude the product of any fiscal disparity increase in the TIF District (since the original net tax capacity was certified) times the appropriate fiscal disparity ratio. The method the Authority elects shall remain the same for F1 SPRINGSTED Page 6 Brooklyn Center EDA, Minnesota the life of the TIF District, except that a single change may be made at any time from method (a) to method (b) above. The City has elected method b. The County Auditor shall certify to the Authority the amount of captured net tax capacity each year. The Authority may choose to retain any or all of this amount. It is the Authority's intention to retain 100% of the captured net tax capacity of the TIF District. Such amount shall be known as the retained captured net tax capacity of the TIF District. Exhibit II gives a listing of the various information and assumptions used in preparing a number of the exhibits contained in this TIF Plan, including Exhibit III which shows the projected tax increment generated over the anticipated life of the TIF District. Section Q Use of Tax Increment Each year the County Treasurer shall deduct 0.25% of the annual tax increment generated by the TIF District and pay such amount to the State's General Fund. Such amounts will be appropriated to the State Auditor for the cost of financial reporting and auditing of tax increment financing information throughout the state. Exhibit III shows the projected deduction for this purpose over the anticipated life of the TIF District. The Authority has determined that it will use 100% of the remaining tax increment generated by the TIF District for any of the following purposes: (1) pay for the estimated public costs of the TIF District (see Section K) and County administrative costs associated with the TIF District (see Section T); (2) pay principal and interest on tax increment bonds or other bonds issued to finance the estimated public costs of the TIF District; (3) accumulate a reserve securing the payment of tax increment bonds or other bonds issued to finance the estimated public costs of the TIF District; (4) pay all or a portion of the county road costs as may be required by the County Board under M.S. Section 469.175, Subdivision 1a; or (5) return excess tax increments to the County Auditor for redistribution to the City, County and School District. Tax increments from property located in one county must be expended for the direct and primary benefit of a project located within that county, unless both county boards involved waive this requirement. Tax increments shall not be used to circumvent levy limitations applicable to the City. Tax increment shall not be used to finance the acquisition, construction, renovation, operation, or maintenance of a building to be used primarily and regularly for conducting the business of a municipality, county, school district, or any other local unit of government or the State or federal government. This prohibition does not apply to the construction or renovation of a parking structure, a common area used as a public park, or a facility used for social, recreational, or conference purposes and not primarily for conducting the business of the community. If there exists any type of agreement or arrangement providing for the developer, or other beneficiary of assistance, to repay all or a portion of the assistance that was paid or financed 2 SPRINGSTED Page 7 Brooklyn Center EDA, Minnesota with tax increments, such payments shall be subject to all of the restrictions imposed on the use of tax increments. Assistance includes sale of property at less than the cost of acquisition or fair market value, grants, ground or other leases at less then fair market rent, interest rate subsidies, utility service connections, roads, or other similar assistance that would otherwise be paid for by the developer or beneficiary. Section R Excess Tax Increment In any year in which the tax increments from the TIF District exceed the amount necessary to pay the estimated public costs authorized by the TIF Plan, the Authority shall use the excess tax increments to: (1) prepay any outstanding tax increment bonds; (2) discharge the pledge of tax increments thereof; (3) pay amounts into an escrow account dedicated to the payment of the tax increment bonds; or (4) return excess tax increments to the County Auditor for redistribution to the City, County and School District. The County Auditor must report to the Commissioner of Education the amount of any excess tax increment redistributed to the School District within 30 days of such redistribution. Section S Tax Increment Pooling and the Five Year Rule At least 80% of the tax increments from the TIF District must be expended on activities within the district or to pay for bonds used to finance the estimated public costs of the TIF District (see Section E for additional restrictions). No more than 20% of the tax increments may be spent on costs outside of the TIF District but within the boundaries of the Project Area, except to pay debt service on credit enhanced bonds. All administrative expenses are considered to have been spent outside of the TIF District. Tax increments are considered to have been spent within the TIF District if such amounts are: (1) actually paid to a third party for activities performed within the TIF District within five years after certification of the district; (2) used to pay bonds that were issued and sold to a third party, the proceeds of which are reasonably expected on the date of issuance to be spent within the later of the five -year period or a reasonable temporary period or are deposited in a reasonably required reserve or replacement fund. (3) used to make payments or reimbursements to a third party under binding contracts for activities performed within the TIF District, which were entered into within five years after certification of the district; or (4) used to reimburse a party for payment of eligible costs (including interest) incurred within five years from certification of the district. Beginning with the sixth year following certification of the TIF District, at least 80% of the tax increments must be used to pay outstanding bonds or make contractual payments obligated within the first five years. When outstanding bonds have been defeased and sufficient money has been set aside to pay for such contractual obligations, the TIF District must be decertified. 2 SPRINGSTED Page 8 Brooklyn Center EDA, Minnesota The Authority does not anticipate that tax increments will be spent outside of the TIF District (except for allowable administrative expenses); however, the Authority does reserve the right to allow for tax increment pooling from the TIF District in the future. Section T Limitation on Administrative Expenses Administrative expenses are defined as all costs of the Authority other than: (1) amounts paid for the purchase of land; (2) amounts paid for materials and services, including architectural and engineering services directly connected with the proposed development within the TIF District; (3) relocation benefits paid to, or services provided for, persons or businesses residing or located within the TIF District; or (4) amounts used to pay interest on, fund a reserve for, or sell at a discount, tax increment bonds. Administrative expenses include amounts paid for services provided by bond counsel, fiscal consultants, planning or economic development consultants, and actual costs incurred by the County in administering the TIF District. Tax increments may be used to pay administrative expenses of the TIF District up to the lesser of (a) 10% of the total estimated public costs authorized by the TIF Plan or (b) 10% of the total tax increment expenditures for the project. Section U Limitation on Property Not Subject to Improvements - Four Year Rule If after four years from certification of the TIF District no demolition, rehabilitation, renovation, or qualified improvement of an adjacent street has commenced on a parcel located within the TIF District, then that parcel shall be excluded from the TIF District and the original net tax capacity shall be adjusted accordingly. Qualified improvements of a street are limited to construction or opening of a new street, relocation of a street, or substantial reconstruction or rebuilding of an existing street. The Authority must submit to the County Auditor, by February 1 of the fifth year, evidence that the required activity has taken place for each parcel in the TIF District. If a parcel is excluded from the TIF District and the Authority or owner of the parcel subsequently commences any of the above activities, the Authority shall certify to the County Auditor that such activity has commenced and the parcel shall once again be included in the TIF District. The County Auditor shall certify the net tax capacity of the parcel, as most recently certified by the Commissioner of Revenue, and add such amount to the original net tax capacity of the TIF District. Section V Estimated Impact on Other Taxing Jurisdictions Exhibit IV shows the estimated impact on other taxing jurisdictions if the maximum projected retained captured net tax capacity of the TIF District was hypothetically available to the other taxing jurisdictions. The Authority believes that there will be no adverse impact on other taxing jurisdictions during the life of the TIF District, since the proposed development would not have occurred without the establishment of the TIF District and the provision of public assistance. A positive impact on other taxing jurisdictions will occur when the TIF District is decertified and the development therein becomes part of the general tax base. F�A SPRINGSTED Page 9 Brooklyn Center EDA, Minnesota Section W Local Government Aid Penalty Tax increment financing districts established or expanded after April 30, 1990 may cause a reduction in the local government aid (LGA/HACA) received by the City from the State. For tax increment financing plans approved on of after July Y may 1, 1995, the Cit elect at the time of Y such approval to make qualifying local contributions to the project, and thereby be exempt from any loss of local government aid. For soils condition districts these contributions must equal 5.0% of the annual increment generated by the district. If the City elects to make the local contribution but fails to do so in any year, a reduction in local government aid will occur. The loss of aid will equal the greater of 1) the required local contribution or 2) the loss of aid which would have been incurred had the local contribution election not been made. Local contributions must be made out of unrestricted money and may not be made, directly or indirectly, with tax increments or developer payments. The contributions must be used to pay project costs and cannot be used for general government purposes or for costs which would have been incurred absent the project. The Authority may request contributions from other local governmental entities that will benefit from the establishment of the district. The City elects to make the qualifying local contributions to the project. Section X Prior Planned Improvements The Authority shall accompany its request for certification to the County Auditor (or notice of district enlargement), with a listing of all properties within the TIF District for which building permits have been issued during the 18 months immediately preceding approval of the TIF Plan. The County Auditor shall increase the original net tax capacity of the TIF District by the net tax capacity of each improvement for which a building permit was issued. There have been no building permits issued in the last 18 months in conjunction with any of the properties within the TIF District. Section Y Development Agreements If within a project containing a soils condition district, more than 10% of the acreage of the property to be acquired by the Authority is purchased with tax increment bonds proceeds (to which tax increment from the property is pledged), then prior to such acquisition, the Authority must enter into an agreement for the development of the property. Such agreement must provide recourse for the Authority should the development not be completed. The Authority anticipates entering into an agreement for development, but does not anticipate acquiring any property located within the TIF District. 2 SPRINGSTED Page 10 Brooklyn Center EDA, Minnesota Section Z Assessment Agreements The Authority may, upon entering into a development agreement, also enter into an assessment agreement with the developer, which establishes a minimum market value of the land and improvements for each year during the life of the TIF District. The assessment agreement shall be presented to the County or City Assessor who shall review the plans and specifications for the improvements to be constructed, review the market value previously assigned to the land, and so long as the minimum market value contained in the assessment agreement appears to be an accurate estimate, shall certify the assessment agreement as reasonable. The assessment agreement shall be filed for record in the office of the County Recorder of each county where the property is located. Any modification or premature termination of this agreement must first be approved by the City, County and School District. The Authority does not anticipate entering into an assessment agreement. Section AA Modifications of the Tax Increment Financing Plan Any reduction or enlargement in the geographic area of the Project Area or the TIF District; increase in the amount of bonded indebtedness to be incurred; increase in the amount of capitalized interest; increase in that portion of the captured net tax capacity to be retained by the Authority; increase in the total estimated public costs; or designation of additional property to be acquired by the Authority shall be approved only after satisfying all the necessary requirements for approval of the original TIF Plan. This paragraph does not apply if: (1) the only modification is elimination of parcels from the TIF District; and (2) the current net tax capacity of the parcels eliminated equals or exceeds the net tax capacity of those parcels in the TIF District's original net tax capacity, or the Authority agrees that the TIF District's original net tax capacity will be reduced by no more than the current net tax capacity of the parcels eliminated. The Authority must notify the County Auditor of any modification that reduces or enlarges the geographic area of the TIF District. The geographic area of the TIF District may be reduced but not enlarged after five years following the date of certification. Section AB Administration of the Tax Increment Financing Plan Upon adoption of the TIF Plan, the Authority shall submit a copy of such plan to the Minnesota Department of Revenue. The Authority shall also request that the County Auditor certify the original net tax capacity and net tax capacity rate of the TIF District. To assist the County Auditor in this process, the Authority shall submit copies of the TIF Plan, the resolution establishing the TIF District and adopting the TIF Plan, and a listing of any prior planned improvements. The Authority hall also send the Count Assessor an assessment agreement Y Y y g ent establishing the minimum market value of land and improvements in the TIF District, and shall request that the County Assessor review and certify this assessment agreement as reasonable. 21 SPRINGSTED Page 11 Brooklyn Center EDA, Minnesota The County shall distribute to the Authority the amount of tax increment as it becomes available. The amount of tax increment in any year represents the applicable property taxes generated by the retained captured net tax capacity of the TIF District. The amount of tax increment may change due to development anticipated by the TIF Plan, other development, inflation of property values, or changes in property classification rates or formulas. In administering and implementing the TIF Plan, the following actions should occur on an annual basis: (1) prior to July 1, the Authority shall notify the County Assessor of any new development that has occurred in the TIF District during the past year to insure that the new value will be recorded in a timely manner. (2) if the County Auditor receives the request for certification of a new TIF District, or for modification of an existing TIF District, before July 1, the request shall be recognized in determining local tax rates for the current and subsequent levy years. Requests received on or after July 1 shall be used to determine local tax rates in subsequent years. (3) each year the County Auditor shall certify the amount of the original net tax capacity of the TIF District. The amount certified shall reflect any changes that occur as a result of the following: (a) the value of property that changes from tax - exempt to taxable shall be added to the original net tax capacity of the TIF District. The reverse shall also apply; (b) the original net tax capacity may be modified by any approved enlargement or reduction of the TIF District; (c) if the TIF District is classified as an economic development district, then the original net tax capacity shall be increased by the amount of the annual adjustment factor; and (d) if laws governing the classification of real property cause changes to the percentage of estimated market value to be applied for property tax purposes, then the resulting increase or decrease in net tax capacity shall be applied proportionately to the original net tax capacity and the retained captured net tax capacity of the TIF District. The County Auditor shall notify the Authority of all changes made to the original net tax capacity of the TIF District. P SPRINGSTED Page 12 Brooklyn Center EDA, Minnesota Section AC Financial Reporting and Disclosure Requirements The State Auditor shall enforce the provisions of the TIF Act, EDA Act, and HRA Act and shall have full responsibility for financial and compliance auditing of the Authority's use of tax increment financing. On or before August 1 of each year, the Authority must annually submit to the State Auditor, City Council, County Board and County Auditor, and the School District Board a report which shall: (1) provide full disclosure of the sources and uses of public funds in the TIF District; (2) permit comparison and reconciliation of the accounts and financial reports; (3) permit auditing of the funds expended on behalf of the TIF District; and (4) be consistent with generally accepted accounting principles. The report shall include, among other items, the following information: (1) the original net tax capacity of the TIF District; (2) the captured net tax capacity of the TIF District, including the amount of any captured net tax capacity shared with other taxing jurisdictions; (3) for the reporting period and for the duration of the TIF District, the amount budgeted under the TIF Plan, and the actual amount expended for, at least, the following categories: (a) acquisition of land and buildings through condemnation or purchase; (b) site improvements or preparation costs; (c) installation of public utilities, parking facilities, streets, roads, sidewalks, or other similar public improvements; (d) administrative costs, including the allocated cost of the Authority; and (e) public park facilities, facilities for social, recreational, or conference purposes, or other similar public improvements. (4) for properties sold to developers, the total cost of the property to the Authority and the price paid by the developer; and (5) the amount of increments rebated or paid to developers or property owners for privately financed improvements or other qualifying costs. Additional information which must be annually reported to the State Auditor, by August 1 of each year, includes: (1) for the entire City: a principal () the total nc al amount of nondefeased tax increment bonds P P outstanding at the end of the previous calendar year; and (b) the total amount of principal and interest payments that are due for the current calendar year on tax increment bonds. r'i SPRINGSTED Page 13 Brooklyn Center EDA, Minnesota (2) for each tax increment financing district in the City: (a) the type of district; (b) the date the TIF District is required to be decertified; (c) the amount of any payments and the value of in -kind benefits, such as physical improvements and the use of building space, that are financed with revenues from increments and are provided to another governmental unit during the preceding calendar year; (d) the tax increment revenues for taxes payable in the current calendar year; (e) whether the TIF Plan permits tax increment revenues to be expended for activities located outside of the TIF District, and (f) any additional information that the State Auditor may require. The Authority must also annually publish in a newspaper of general circulation in the City an annual statement for each tax increment financing district showing the tax increment received in that year, the original and captured net tax capacity, the amount of outstanding bonded indebtedness, the amount of increments paid to other governmental bodies, the amount paid for administrative costs, the sum of increment paid, directly or indirectly, for activities and improvements located outside of the district, the increase in property taxes if a fiscal disparity contribution is being made from outside of the district, and any additional information the Authority deems necessary. The Authority must publish the annual statement by August 1 of the next year and must provide a copy to the State Auditor by the time it submits the annual statement for publication. The reporting and disclosure requirements outlined in this section shall begin with the year the district was certified, and shall end in the year in which both the district has been decertified and all tax increments have been spent or returned to the county for redistribution. Failure to meet these requirements, as determined by the State Auditors Office, may result in suspension of distribution of tax increment. rte. SPRINGSTED Page 14 EXHIBIT I HOUSING DEVELOPMENT AND REDEVELOPMENT PROJECT NO. 01 PROJECT AREA MAP CITY OF BROOKLYN CENTER v s � * I * � i ! T Y ,� ': s 17 Z * '� � I � � �r � 3 3 I r � � � ; ; Y * • ANWOMW s; ll if fl�3�illl«Ii *�lF l i::3 i ; iE'�I iet3l= 3Jil d l =it+�i � ii: * i s �� I I I � •E I � r X16 i Will l ow— i . .. i Mol s y _ n. am or ~ + •�'� • I ,.n , \_ i Mawr j � y am. I an t _ r r t1 Awl 4� � , t� , f � 1 I �•Myr `• � 7�•� r •.T _ -scam, I k --3; � � r a.m. ma 9 gum i AMA ^ S► M ■ l = 1mt y� \\ wr 7 \ s l •� r ` The Boundaries of Housing Development and Redevelopment Project No.1 11 EXHIBIT I (Continued) y EP I 52ND AVE. N. - �:Illl I =- �+ w - OAK ST. j m : < - .� i v(/ 7 f f( I C a - C z 1-z 'Sf— _ j` 51ST 'AVE. N. 1 soo w N. + 50TH AVE. N. 10-11 &21- 23 -000a Tyyy...111 I j DLE j > I < Li I -- w RE B 10- 118 -21 -31 -0027 LU LU r -- Z w I _ i_ w! 10- 118- 21 -31- 00281; j I -- < f 10- 118 -21 -31 - 00081 Lj - -- 1 / Z j ,I 48TH AVE. N. L1 1 ESIDE AVE y IN LAKE y �^ 47TH AVE. N. < n M r CH PAR D � 46 TH AVE. N. ,j 46TH AVE. N. - r{ Tax increment Financing District No. 1 (Soils Condition) EXHIBIT II r Assumptions Report y City of Brooklyn Center, Minnesota Tax Increment Financing (Soils Condition) District No. 1 France Avenue Business Park Project Scenario A Type of Tax Increment Financing District Soils Condition Maximum Duration of TIF District 20 years from 1st increment Certification Request Date 03/01/99 Decertification Date 12/01/21 20 Years of Increment 1998/1999 Base Estimated Market Value $2,005,600 (1) Times: First $150,000 2.45% 3,675 Excess 3.50% 64,946 Original Net Tax Capacity $68,621 Assessment/Collection Year 1999/2000 2000/2001 2001/2002 2002/2003 Base Estimated Market Value $2,005,600 $2,005,600 $2,005,600 $2,005,600 Increase in Estimated Market Value '0 0 15,994,400 15,994,400 . Total Estimated Market Value $2,005,600 $2,005,600 $18,000,000 $18,000,000 Times: First $150,000 2.45% 3,675 3,675 3,675 3,675 Excess 3.50% 64,946 64,946 624,750 624,750 Total Net Tax Capacity $68,621 $68,621 $628,425 $628,425 Base Inflation Factor NA Local Tax Capacity Rate 133.949% 1998/99 Fiscal Disparities Contribution From TIF District 30.3981% Administrative Retainage Percent (maximum = 10 %) 5.00% Pooling Percent 0.00% City Tax Rate (Only if Local -Effort TIF) NA )fonds Note (Pay-As-You-Go) Bonds Dated NA Note Dated 03/01/99 First Interest Date NA Note Rate 7.75% Underwriters Discount NA A/HA A Loss Will Annual Local Contribution Be Made (Yes or No)? Yes I.S.D #281 Equalized Tax Capacity Rate 36.58% I.S.D #281 Sales Ratio 92.30% City Sales Ratio & Taxable Net Tax Capacity NA NA Present Value Date & Rate 03/01/99 5.00% (1) Currently 4 parcels, assumed they will be taxed as contiguous parcels. Prepared by: Springsted Incorporated (printed on 1/7/99 at 7:41 AM) Tifal.xls Projected Tax Increment Report City of Brooklyn Center, Minnesota Tax Increment Financing (Soils Condition) District No. 1 France Avenue Business Park Project Scenario A Less: Less: Retained Times: Less: Less: Plus: Annual Total Original Fiscal Captured Tax Annual State Aud. Admin. Annual Local Annual Period Net Tax Net Tax Disp. @ Net Tax Capacity Gross Tax Deduction Retainage Net Tax Contribution Net Ending Capacity Capacity 30.3981% Capacity Rate Increment 0.25% 5.00% Increment 5.00% Revenue (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) 12/31/99 68,621 68,621 0 0 133.949% 0 0 0 0 0 0 12/31/00 68,621 68,621 0 0 133.949% 0 0 0 0 0 0 12/31/01 68,621 68,621 0 0 133.949% 0 0 0 0 0 0 12/31/02 628,425 68,621 170,170 389,634 133.949% 521,911 1,305 26,030 494,576 0 494,576 12/31/03 628,425 68,621 170,170 389,634 133.949% 521,911 1,305 26,030 494,576 0 494,576 12/31/04 628,425 68,621 170,170 389,634 133.949% 521,911 1,305 26,030 494,576 0 494,576 12/31/05 628,425 68,621 170,170 389,634 133.949% 521,911 1,305 26,030 494,576 0 494,576 12/31/06 628,425 68,621 170,170 389,634 133.949% 521,911 1,305 26,030 494,576 0 494,576 12/31/07 628,425 68,621 170,170 389,634 133.949% 521,911 1,305 26,030 494,576 0 494,576 12/31/08 628,425 68,621 170,170 389,634 133.949% 521,911 1,305 26,030 494,576 0 494,576 12/31/09 628,425 68,621 170,170 389,634 133.949% 521,911 1,305 26,030 494,576 0 494,576 12/31/10 628,425 68,621 170,170 389,634 133.949% 521,911 1,305 26,030 494,576 0 494,576 12/31/11 628,425 68,621 170,170 389,634 133.949% 521,911 1,305 26,030 494,576 0 494,576 12/31/12 628,425 68,621 170,170 389,634 133.949% 521,911 1,305 26,030 494,576 0 494,576 12/31/13 628,425 68,621 170,170 389,634 133.949% 521,911 1,305 26,030 494,576 0 494,576 12/31/14 628,425 68,621 170,170 389,634 133.949% 521,911 1,305 26,030 494,576 0 494,576 12/31/15 628,425 68,621 170,170 389,634 133.949% 521,911 1,305 26,030 494,576 0 494,576 12/31/16 628,425 68,621 170,170 389,634 133.949% 521,911 1,305 26,030 494,576 0 494,576 12/31/17 628,425 68,621 170,170 389,634 133.949% 521,911 1,305 26,030 494,576 0 494,576 12/31/18 628,425 68,621 170,170 389,634 133.949% 521,911 1,305 26,030 494,576 0 494,576 M 12/31/19 628,425 68,621 170,170 389,634 133.949% 521,911 1,305 26,030 494,576 0 494,576 X 12/31/20 628,425 68,621 170,170 389,634 133.949% 521,911 1,305 26,030 494,576 0 494,576 X 12/31/21 628,425 68,621 170,170 389,634 133.949% 521,911 1,305 26,030 494,576 0 494,576 co 12/31/22 628,425 628,425 0 0 133.949% 0 0 0 0 0 0 .. $10,438,220 $26,100 $520,600 $9,891,520 $0 $9,891,520 Prepared by: Springsted Incorporated (printed `/99 at 7:41 AM) Tifa1 As • i � Estimated Impact on Other Taxing Jurisdictions Report City of Brooklyn Center, Minnesota Tax Increment Financing (Soils Condition) District No. 1 France Avenue Business Park Project Scenario A Without Project or TIF District With Project and TIF District Projected Hypothetical 1997/98 1997/98 Retained New Hypothetical Hypothetical Tax Generated Taxable 1997/98 Taxable Captured Taxable Adjusted Decrease In by Retained Taxing Net Tax Local Net Tax Net Tax Net Tax Local Local Captured Jurisdiction Capacity (1) Tax Rate Capacity (1) + Capacity = Capacity Tax Rate {') Tax Rate (') N.T.C. (') City of Brooklyn Center 15,582,389 34.554% 15,582,389 $389,634 15,972,023 33.711% 0.843% 131,350 Hennepin County 936,486,071 38.386% 936,486,071 389,634 936,875,705 38.370% 0.016% 149,503 ISD #281, Robbinsdale 63,823,765 65.350% 63,823,765 389,634 64,213,399 64.953% 0.397% 253,081 Other (7) - -- 8.143% - -- 389,634 - -- 8.143% -- -- Totals 146.433% 145.178% 1.255% ' Statement 1: If the projected Retained Captured Net Tax Capacity of the TIF District was hypothetically available to each of the taxing jurisdictions above, the result would be a lower local tax rate (see Hypothetical Adjusted Tax Rate above) which would produce the same amount of taxes for each taxing jurisdiction. In such a case, the total local tax rate would decrease by 1.255% (see Hypothetical Decrease in Local Tax Rate above). The hypothetical tax that the Retained Captured Net Tax Capacity of the TIF District would generate is also shown above. Statement 2: Since the projected Retained Captured Net Tax Capacity of the TIF District is not available to the taxing jurisdictions, then there is no impact on taxes levied or local tax rates. M X (1) Taxable net tax capacity =total net tax capacity - captured TIF - fiscal disparity contribution. (2) The impact on these taxing jurisdictions is negligible since they represent only 5.56% of the total tax rate. _ Prepared by: Springsted Incorporated (12/22/y8) EXHIBIT V _- Market Value Analysis Report City of Brooklyn Center, Minnesota Tax Increment Financing (Soils Condition) District No. 1 France Avenue Business Park Project Scenario A Assumptions Present Value Date 03/01/99 P.V. Rate - Gross T.I. 6.00% Increase in EMV With TIF District $15,994,400 Less: P.V of Gross Tax Increment 5,149,718 Subtotal $10,844,682 Less: Increase in EMV Without TIF 0 Difference $10,844,682 Annual Present Gross Tax Value @ • Year Increment 6.00% 1 2002 521,911 423,562 2 2003 521,911 399,587 3 2004 521,911 376,969 4 2005 521,911 355,631 5 2006 521,911 335,501 6 2007 521,911 316,510 7 2008 521,911 298,595 8 2009 521,911 281,693 9 2010 521,911 265,748 10 2011 521,911 250,706 11 2012 521,911 236,515 12 2013 521,911 223,127 13 2014 521,911 210,497 14 2015 521,911 198,582 15 2016 521,911 187,342 16 2017 521,91.1 176,738 17 2018 521,911 166,734 18 2019 521,911 157,296 19 2020 521,911 148,392 20 2021 521,911 139,993 21 2022 0 0 $10,438,220 $5,149,718 Prepared by: Springsted Incorporated (1/7/99)