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HomeMy WebLinkAbout1998 05-11 CCP Regular Session CITY COUNCIL MEETING Public Copy City of Brooklyn Center May 11, 1998 AGENDA 1. Informal Open Forum With City Council - 6:45 p.m. - provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation - 7 p.m. 3. Call to Order Regular Business Meeting 4. Roll Call 5. Council Report 6. Presentations - Hennepin County Commissioner Mike Opat. 7. Approval of Agenda and Consent Agenda -The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes - Councilmembers not present at meetings will be recorded as abstaining from the vote on the minutes. 1. April 20, 1998- Special Work Session 2. April 27, 1998- Regular Session 3. April 29, 1998 - Public Informational Meeting b. Resolution Approving Specifications for Requests for Proposals for Financial Advisory Services C. Resolution Approving Final Plat -- SHINGLE CREEK NTH ADDITION (Extended Stay America) • CITY COUNCIL AGENDA -2- May 11, 1998 is d. Resolution Accepting Bid and Awarding Contract, Improvement Project No. 1998 -26, Contract 1998 -G, Relocation of 16" Water Main & Appurtenances at West Fire Station e. Resolution Establishing Improvement Project No. 1998 -25, Replacement of Signal Lamps With LEDs, and Authorizing Participation in the NSP Local Government Energy Conservation Program f. Licenses 8. Planning Commission Items a. Planning Commission Application No. 98007 Submitted by Accessible Homes, Inc. (Doug Peterson). Request for Preliminary Plat approval to subdivide into five lots the property currently addressed as 5621 Indiana Avenue North. The Planning Commission recommended approval of the application at its April 30, 1998, meeting. - Requested Council Action: - Motion to approve Planning Commission Application No. 98007 submitted by Accessible Homes, Inc. subject to the conditions of approval recommended by the Planning Commission. 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: - Council discuss. Motion to approve first reading of ordinance. b. Resolution Giving Preliminary Approval to a Senior Housing Project on Behalf of Boca Limited Partnership, Authorizing Application for Allocation of Issuance Authority and Calling Public Hearing - Requested Council Action: - Motion to adopt resolution. C. Resolution Authorizing the Purchase of the Land at 6717 / 6737 Humboldt Avenue North by the Capital Improvements Fund from the Economic Development Authority Fund for Use as the Site of the Police Station - Requested Council Action: - Motion to adopt resolution. CITY COUNCIL AGENDA -3- May 11, 1998 d. An Ordinance Amending Chapter 23 of the City Ordinances Relating to the Regulation of Pawnshops and Secondhand Goods Dealers -Requested Council Action: - Council discuss. Motion to approve first reading of ordinance. e. Resolution Ordering the Correction of Hazardous Conditions and Further for the Abatement of Public Nuisances, Safety and Health Hazards and Other Ordinance and Statutory Violations With Respect to That Real Estate Located at 6842 West River Road -Requested Council Action: - Motion to adopt resolution. f. Resolution Approving Final Plat -- HOLIDAY BROOKLYN CENTER ADDITION - Requested Council Action: - Motion to approve final plat. • g. Set Date and Time for Council Work Session - Requested Council Action: - Motion to set date for Council work session with the auditor (and possible joint meeting with Financial Commission) for either June 10 or June 11, 1998, 7 p.m., in City Hall Conference Room B. h. Weed Spraying on Twin Lake - Requested Council Action: - Council discuss. 10. Adjournment CITY COUNCIL AGENDA 4- May 11, 1998 EDA MEETING City of Brooklyn Center May 11, 1998 AGENDA 1. Call to Order 2. Roll Call 3. Approval of Agenda and Consent Agenda -The following items are considered to be routine by the Economic Development Authority and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered at the end of Commission Consideration Items. O a. Approval of Minutes - Commissioners not present at meetings will be recorded as abstaining from the vote on the minutes. 1. April 27, 1998 - Regular Session 4. Commission Consideration Items a. Resolution Authorizing Contracts for Construction Management and Architectural Services for 53rd Avenue Development and Linkage Project -Requested Commission Action: - Motion to adopt resolution. 5. Adjournment t Dear Mayor and Councilmembers, I am working with some of the residents at Shingle Creek Tower. Shingle Creek Tower was built over 20 years ago with a Section 236 mortgage, which keeps the rents low, through the department of HUD (Housing and Urban Development.) The owner has the property up for sale and Bob Boisclair has a purchase agreement with the owner. Bob Boisclair said he will buy the building and prepay the 236 mortgage in January of 1999. When the mortgage is prepaid, he can get out of the 236 program and will no longer be obligated to keep the rents low. I attended a meeting on April 23rd with Shingle Creek Tower residents and Bob Boisclair. I am concerned about the changes Bob Boisclair intends to make to Shingle Creek Tower and how those changes will affect the affordability for the elderly, the disabled, the families who work low -wage jobs, and the vulnerable adults, who currently call Shingle Creek Tower home, as well as future generations who will need a reasonably priced place to live. He told the residents that they will be allowed to remain living there for as long as they want and at rents they can afford, yet he talks of rents being $595 for a one - bedroom and has alluded to converting the building to assisted living. With assisted living the rents will be significantly higher than what the current residents are paying or can afford. He talks about the sixty -stall heated garage, expanded community room, new carpet and appliances, and other renovations he intends to do to the building. These renovations will also cause the rents to increase. He hasn't made his intentions clear to the residents about what he intends for the future of their homes or how it will affect them. Bob Boisclair has told the residents they will get preservation (also known as sticky or enhanced) vouchers when he prepays the mortgage and that with these vouchers they will be paying 30% of their income for rent. This is not true. The law requires that a family must pay for rent no less than the rent the family was paying on the date of the prepayment or the voluntary termination. The family must continue to pay this amount even if family income decreases after the prepayment/voluntary termination or housing assistance contract execution. So, contrary to what Bob Boisclair told the residents, if the family was paying more than 30% of their income for rent, they will continue to do so with a voucher. No one is going to be paying less than they are paying now but some could get rent increases. The best a resident can hope for is that their rent will remain the same. This is how the law reads today but it could change again at the end of HUD's fiscal year in September. Boisclair isn't buying the building until after that and no one can predict what HUD will do at that time. Housing advocates suspect it will only get worse for tenants. Bob Boisclair should make it clear to the residents that it is not a guarantee that they will only be paying 30% of their income for rent and that some will get a rent increase but no one will get a decrease in rent. He gave the residents a false sense of security by telling them they'll be OK because they'll have the vouchers. He did not mentioni the down side of these vouchers: -The vouchers may only be good for one year because there is no guarantee there will be funding in the future to provide for them. -Legally he doesn't have to accept them after the first year and he made no commitment to do so. -If your income goes down your rent stays the same. -It your medical expenses go up your rent stays the same. -if your income increases your rent also increases. -if you have to move you will have a difficult time finding housing because there is a very low vacancy rate right now throughout the metro area. -The vouchers will pay the higher rents for one year. This will put a lot of money toward rents for a limited number of people and quickly drain funds from the Section 8 budget. -As the use of enhanced vouchers increases with more and more prepayments and opt -outs throughout the state it will bring growing pressure on the overall Section 8 budget, resulting in fewer households served. -After one year, the unit will be lost forever as affordable housing. On May 7th Boisclair again met with the Shingle Creek Tower residents. He told them he will be talking to the Brooklyn Center City Council about funding for his project and the 4d property tax break. This also causes concern. With the 4d program the state sets rent limits, minimum property standards, and a Section 8 acceptance requirement. In return the landlord gets a large tax break. Problems with the 4d program: -The rent limits are $644 for one - bedroom apartments and $774 for two- bedroom apartments. These are clearly not practical limits. -Only 40% of the units must be available at the FMR (Fair Market Rent.) •20% of the units must be available to Section 8 certificates and vouchers. However, the owner doesn't have to accept the Section 8 and there is no monitoring to see if they do. *The quality standards are minimal and are not as strong as the city's local code. -There is no requirement that says the reduction in the property taxes has to go toward improvements or lower rents. -Essentially the owner can pocket the money while the city loses money it would otherwise collect through higher property taxes. Why is Bob Boisclair waiting until January of 1999 to buy the building and prepay the mortgage? Is it because he needs time to come up with financing? Will he be able to purchase the building without help from the City of Brooklyn Center? If not, the Council could make it a term of any financial deal that Boisclair stay in the Section 236 program or otherwise keep the rents affordable for low income people. Several non profit organizations have expressed an interest in buying the building. With the possibility that Boisclair may not buy the building without city help, there would still be hope that a non profit can buy it and keep the rents affordable. I am enclosing a copy of the questionnaire Bob Boisclair passed out to residents at the April 23rd meeting. Please note that on page 1 it says, "We are dedicated to providing quality alternatives in senior housing." Please note on page 3 it says, "It is our intent to initiate assisted living services..." Why hasn't he told the residents that he intends to convert the building to assisted living and how that will affect them? What about the current residents who can't afford, don't need, or don't want these services? If Shingle Creek Tower is to be converted to assisted living, virtually everyone who lives there now will have to move. The residents have the right to know exactly what is going on and how they will be affected. Here are questions that should be asked of Bob Boisclair so the residents, the Brooklyn Center City Council, and myself are clear about his intentions: -Will he stay in the 236 program and keep the rents affordable? *Will he convert Shingle Creek Tower to assisted living? -What about the people who aren't seniors or in need of assisted living? -Will he buy the property even if the city doesn't give him the money? -Will he commit, if the city gives him assistance -To limiting rent increases to cost of living increases? -To accept section 8 tenants for a significant period of time, such as 20 years? -To keep the 236 mortgage? -When the renovations are done, who will move the residents? -How many times will the residents be required to move to allow for the renovations? If residents move to another apartment so theirs can be renovated, will the resident stay in that apartment or move back to their original apartment? -Who will pay the residents' moving expenses? (Phone and NSP hook -up, actual physical move, change of address on checks, etc.) -Will there be a reduction in the number of units after the renovations? If so, what will happen to the residents whose units are eliminated? -Will he make his intentions clear to the residents about what he intends for the future of their homes and how it will affect them? We at HOME Line are really concerned about the people currently living at, and the future affordability of, Shingle Creek Tower. Please contact me if you have any questions. Sincerely, Mary Hurkman Tenant Organizer HOME Line 933 -9639 ext. 226 6221 Shingle Creek Parkway #1005 Brooklyn Center, Minnesota 55430 May 11, 1998 Dear Brooklyn Center City Council Members, I understand Bob Boisclair, who is trying to buy Shingle Creek Tower, is going to request funding belp from Brooklyn Center at a City Council meeting tonight so he can purchase the building. I won't be able to attend, so I'm writing to you instead. Boisclair intends to raise the rent to $595 for a one - bedroom apartment and to over $700 for a two - bedroom, calling that "affordable." He has grandiose plans to turn this nice, affordable apartment building into luxury apartments that only seniors with plenty of disposable income can afford. Oh, sure, he promises we current tenants can live here as long as we want and as long as we qualify for the voucher that would keep our rent down, but I need more than simply "a promise." He also once said he would put that in writing for us, but last week when a resident asked him about it, he neatly avoided the question by saying, "That's done every year." He doesn't seem to care about the huge inconvenience he will subject us to. We don't need the major renovations he's talking about that could take up to two years to complete (commercial kitchen, beauty shop, exercise room, window and cabinet replacement, 60 -stall heated garage where the swings now stand, etc.). He's also talking of temporarily moving us out of our apartments while ours are being renovated. I really hate the idea of that, particularly when it's not necessary and I would require a lot of help from others to get the job done. It's not worth it, especially if I'm priced out of here. Since I'm not convinced I will be able to remain here once Boisclair takes over ($595 is well over the Section 8 limit), I'm applying to other buildings in the metro area. I'm sure, however, none can be as ideal as this place: roomy apartment with big windows and a wonderful view; a good community of friends and neighbors; so many stores, restaurants, services within a mile (especially convenient for me because I use a power wheelchair to get around my neighborhood; saves me from having to use Metro Mobility more often); right off the freeway so it's easy to find and reach; on a bus line; safe area; a beautiful park and trail system right next door. I've lived here almost 15 years and the thought of living elsewhere makes me sick, angry, depressed. If Boisclair would take care of only what needs fixing or replacing, the rents could be kept at an affordable level. You know Shingle Creek Tower is the only low - income building in Brooklyn Center and that there's a serious shortage of similar housing across the country. We should keep what we've got, not "improve" it so low - income people can't afford to live in such places anymore. Let's not do what Brooklyn Park is doing to many of its low- income tenants. I don't believe it would be in Brooklyn Center's best interest to help Boisclair. Unless, that is, he promises in writing that he would continue with the low rents and not greatly disrupt our lives with significant construction. Sincerely, (-� o�_rL Barb Kane i • City Council Agenda Item No. 7a April 27, 1998 • • k illYiiu Abu YCJ MINUTES OF THE PROCEEDINGS OF THE CIT ® OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL WORK SESSION APRIL 20, 1998 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in a special work session and was called to order by Mayor Myrna Kragness at 7 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 Jane Chambers, Community Development Director Brad Hoffman, Chief of Police Joel Downer, and Recording Secretary Mary Schendel. POLICE. DEPARTMENT UPDATE City Manager McCauley presented Chief of Police Joel Downer to review department operations and explain the reactivated committees which are staffed by the department. Discussion followed concerning the Safety Committee, Pursuit/Accident Committee, Recognition Committee, Technology/Five Year Committee, Forfeiture Committee, and the Labor Management Committee. This last committee has not yet been formed, however, the members of the police administration are committed to working cooperatively with labor unions, work groups, and all members of the department. Chief Downer reported progress pertaining to the recent hiring for Police Captain, Police Officer, Neighborhood Liaison, and Receptionist/Secretary positions for the Police Department. An overview of community activities was presented with discussion focused on the Humboldt Substation, Brookdale's new report station in the Quest services area, and loss prevention meetings occurring at Brookdale. The Neighborhood Block Watch, developed in cooperation with Community Services Sergeant Dave Grass, was commended for its successful program. Public appearances and communication encouraging citizens to call the community service line for unusual activity occurring in the area parks were discussed. Chief Downer reviewed strategies to confront increases in crime and 1998 department goals. WEED SPRAYNG ON TWIN LAKE City Manager McCauley stated in the past. the City had taken out a permit to spray along the 04/20/98 -1- DRk shoreline of Upper Twin Lake. During the same period of time, the property owners along Middle Twin Lake had obtained their own permit and made joint arrangements for spraying. Residents from the Twin Lake area appeared requesting continued spraying by the City. Councilmember Carmody asked that this issue be addressed at the May 1 Ith Council meeting. PUBLICATION OF GOALS City Manager McCauley reminded the Council Members the goals were published in the City Watch newsletter in November 1997. It was agreed that once a year was adequate for publication. A suggestion by Mr. McCauley to post the goals in the glass case by the elevator at City Hall was accepted by the Council. EARLE BROWN HERITAGE CENTER City Manager McCauley reported he has been in contact with Speaker Carruthers office regarding the grant process to access funds for the parking lot and building work at the Heritage Center. Mr. McCauley prioritized the grant agreement with funds being used for: 1) acquisition, 2) parking, 3) additional buildings, and 4) remodeling connectors. Discussion followed regarding Marquette Report's recommendations about confusion surrounding the Heritage Center's name. A few remaining recommendations that were not implemented from the study were listed. Various ideas were examined to make the community aware of the EBHC's convention status. It was concluded this issue and the report would be discussed at the June 15th Council Work Session. City Manager McCauley raised the matter of the Heritage Center's request for two full -time crew chief positions. He cited the competitive labor market and the need for stability as issues to be considered when deciding this request. It was Council consensus on the advisability of two full -time crew chief positions. DISCUSSION OF DEVELOPMENT ISSUES City Manager McCauley reported meeting with Springsted on the analysis of the materials received from Brookdale's new development company. He explained the budget summary submitted by Talisman Companies and its request for City assistance. Discussion followed on the need to be prudent and at the same time encourage economic growth. MISCELLANEOUS ITEMS City Manager McCauley nformed the Council the y of April deadline for notice to Five Cities Senior Trans ortation Project of non-participation, it th t was ire d. The Five Cities Senior P J a des Transportation Project had experienced some waiting lists and service turn downs in past years, but currently they have fulfilled all service requests for Brooklyn Center. Councilmember Hilstrom 04/20/98 _? _ stated key services were not being met by Five Cities Senior Transportation Project. Mayor • Kragness indicated medical transportation was becoming increasingly important for the City and asked for additional follow -up on PR.ISM's interest to provide transportation services for Brooklyn Center. UPDATE City Manager McCauley presented information assembled by Planning and Zoning Specialist Ron Warren concerning the status of the Comprehensive Plan and its technical review by the Metropolitan Council. ADJOURNMENT A motion by Councilmember Lasman and seconded by Councilmember Peppe to adjourn the meeting at 10:15 p.m. passed unanimously. City Clerk Mayor Recorded and transcribed by: Mary Schendel ® 04/20/98 -3- �i MINUTES OF THE PROCEEDINGS OF THE CITY C OF THE CITY OF BROOKLYN CENTER IN THE C OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION APRIL 27, 1998 CITY HALL 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFOR MA I, 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, and Recording Secretary Mary Schendel. INFORMAL OPEN FORUM No citizens appeared for informal open forum. ADJOURN INFORMAL OPEN FORUM Informal open forum adjourned .m. at 6:50 P J P 2. INVOCATION Reverend Robert L. Cottingham, Lutheran Church of the Master, offered the invocation. 3. CALL TO ORDER UL REG AR BUSINES S MEETING The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7:01 p.m. 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kay Lasman, and Robert Peppe. Also present: City Manager Michael J. McCauley, Director of Public Works Diane Spector, Planning and Zoning Specialist Ron Warren, City Engineer Scott Brink, City Attorney Charlie LeFevere, and Recording Secretary Mary Schendel. 4/27/98 -1- 5. COUNCIL REPORT E)"RAFT9 Councilmember Lasman congratulated Mayor Kragness on her recent marriage. Mayor Kragness reported attending the Brooklyn Center Prayer Breakfast and the Firefighter's Awards Dinner. Councilmember Carmody will report at the May 11 Council meeting concerning the Hennepin County Regional Park being planned for the Brooklyn Center area. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Peppe requested item no. 6e, Table: Resolution Approving Final Plat -- HOLIDAY BROOKLYN CENTER ADDITION, removed from the consent agenda and added as item no. 9t under Council Consideration Items. A motion by Councilmember Carmody and seconded by Councilmember Lasman to approve the agenda and consent agenda as amended passed unanimously. 6a. APPROVAL OF MINUTES A motion by Councilmember Carmody and seconded by Councilmember Lasman to approve the minutes of the April 13, 1998, Regular Session, passed unanimously. 6b. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT; IMPROVEMENT PROJECT NO. 1998-15, CONTRACT 1998 -F, ELEVATED STORAGE TANK REPAIR, TOWER NO.3 RESOLUTION NO. 98 -77 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT NO. 1998 -15, CONTRACT 1998 -F, ELEVATED STORAGE TANK REPAIR, TOWER NO. 3 The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. 6c. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT NOS. 1998-01,02, AND 03, CONTRACT 1998 -D, BELLVUE NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS RESOLUTION NO. 98 -58 4/27/98 -2- Member Carmody introduced the following resolution and moved its ado DRAFT RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT NOS. 1998 -01, 02, AND 03, CONTRACT 1998 -D, BELLVUE NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. 6d. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT NO. 1998-04,05, AND 06, CONTRACT 1998 -E, ST. AL'S NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS RESOLUTION NO. 98 -59 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT NO. 1998-04,05, AND 06, CONTRACT 1998 -E, ST. AL'S NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. 6e. TABLE: RESOLUTION APPROVING FINAL PLAT -- HOLIDAY BROOKLYN CENTER ADDITION This item was removed from the Consent Agenda and moved to item no. 9t under Council Consideration items. 6f. LICENSES A motion by Councilmember Carmody and seconded by Councilmember Lasman to approve the, following list of licenses passed unanimously. MECHANICAL SYSTEMS A -abc Appliance & Heating 2638 Lyndale Ave. S., Minneapolis Advanced Energy Services, Inc. 3650 Annapolis Lane, Plymouth C.O. Carlson Air Conditioning Co. 1203 Bryant Ave. N., Minneapolis Gilbert Mechanical Contractors, Inc. 4451 W. 76th Street, Edina Michal's HHH 2779 161 st Ave. N.W., Anoka Minnesota Htg & A/C, Inc. 10701 93rd Ave. N. #B, Maple Grove • 4/27/98 -3- RENTAL DWELLINGS DRIAFT, Initial: Robert/Kathy Carpentier Ryan Terrace Kjirsten Bjerke -Keenan 3614 -16 50th Ave. N. Ronald L. Green 806 55th Ave. N. Renewal: HCM Investments 1425 55th Ave. N. Arthur/Dolores Kvamme 5529 Aldrich Drive N. Northport Properties 5401 Brooklyn Blvd. Duane Orn 5407 Brooklyn Blvd. Boulevard Properties 5837 Brooklyn Blvd. HCM Investments 5351 Irving Ave. N. James Shoultz 4214 Lakeside Ave. N. Thomas Mylan/Lorraine Owings 6907 W. Palmer Lake Dr. Hogenson Properties 3813 Urban Ave. N. SIGN HANGER Elements, Inc. 4920 Otter Lake Road, St. Paul TAXICAB COMPANIES Town Taxi, #104 7000 57th Ave. N., Crystal 7. PUBLIC HEARINGS 7a. PUBLIC HEARING REGARDING PROPOSED IMPROVEMENT PROJECT NO. 1998 -07, STREET IMPROVEMENTS, 68TH AND LEE AVENUES NORTH, AND PUBLIC HEARING REGARDING PROPOSED SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 1998 -07, STREET IMPROVEMENTS, 68TH AND LEE AVENUES NORTH City Manager McCauley explained the proposed Improvement Project No. 1998 -07 that consists of the reconstruction of Lee Avenue and 68th Avenue, all between 69th Avenue North and Brooklyn Boulevard, and the proposed special assessments for street improvements in accordance with rates adopted by the City's current policy. Mr. McCauley asked City Engineer Scott Brink to give an overview of this project. Mr. Brink detailed the breakdown of the specific project work items and costs. Councilmember Hilstrom was concerned about 24 hour access being available for emergency vehicles during construction. Mr. Brink responded traffic control would not be a problem. Councilmembers were concerned about the deep incline at Lee and 69th Avenue and visibility problems at certain intersections. Mr. Brink responded to questions. A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to open the public hearing passed unanimously. 4/27/98 -4- No public input was offered. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to close the public hearing passed unanimously. 7a -1. RESOLUTION ORDERING IMPROVEMENTS, APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1998 -07, STREET IMPROVEMENTS, 68TH AND LEE AVENUES NORTH RESOLUTION NO. 98 -60 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENTS, APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1998- 07, STREET IMPROVEMENTS, 68TH AND LEE AVENUES NORTH The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. 7a -2. RESOLUTION CERTIFYIN G SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 1998 -07, CONTRACT 1998 -J, STREET IMPROVEMENTS, 68TH AND LEE AVENUES NORTH, TO THE HENNEPIN COUNTY TAX ROLLS RESOLUTION NO. 98 -61 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 1998 -07, CONTRACT 1998 -J, STREET IMPROVEMENTS, 68TH AND LEE AVENUES NORTH, TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. 7b. PUBLIC HEARING REGARDING PROPOSED IMPROVEMENT PROJECT NO. 1998 -18, STREET IMPROVEMENTS, JOHN MARTIN DRIVE, AND PUBLIC HEARING REGARDING PROPOSED SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 1998-18, STREET IMPROVEMENTS, JOHN MARTIN DRIVE e 4/27/98 -5- City Manager McCauley defined the proposed Improvement Project N -1 spe 1 assessments included with the project and asked City Engineer Scott Brink to explain the project i areas and any additional information about the proposed projects. Mr. Brink stated the reconstruction of John Martin Drive serves primarily commercial properties with heavier volumes of traffic. John Martin Drive is classified as a Municipal State Aid Street, and State Aid funds are available to assist in the reconstruction. Mr. Brink summarized the expenditures and provided information on the preliminary estimated project cost. A second resolution certifies special assessments for Improvement Project No. 1998 -18 to the Hennepin County tax rolls. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to open the public hearing passed unanimously. No public input was offered. A motion by Councilmember Carmody and seconded by Councilmember Lasman to close the public hearing passed unanimously. 7b -1. RESOLUTION ORDERING IMPROVEMENTS, APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1998 -18, CONTRACT 1998 -K, STREET IMPROVEMENTS, JOHN MARTIN DRIVE RESOLUTION NO. 98 -62 Member Lasman introduced the following resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENTS, APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1998= 18 CONTRACT 1998 -K, STREET IMPROVEMENTS, JOHN MARTIN DRIVE The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. 7b -2. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 1998 -18, STREET IMPROVEMENTS, JOHN MARTIN DRIVE, TO THE HENNEPIN COUNTY TAX ROLLS RESOLUTION NO. 98 -63 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FORIMPROVEMENT PROJECTNO. 1998 -18, STREET IMPROVEMENTS, JOHN MARTIN DRIVE, TO THE HENNEPIN COUNTY TAX ROLLS 4/27/98 -6- unAFT. The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. 7c. PUBLIC HEARING REGARDING PROPOSED IMPROVEMENT PROJECT NO. 1998 -19, STREET IMPROVEMENTS, JAMES AND 67TH AVENUES NORTH, AND PUBLIC HEARING REGARDING PROPOSED SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 1998 -19, STREET IMPROVEMENTS, JAMES AND 67TH AVENUES NORTH City Manager McCauley asked City Engineer Scott Brink to outline Project No. 1998 -19 that consists of reconstruction of James and 67th Avenues North, serving primarily industrial and commercial properties in that area. Mr. Brink detailed the reconstruction to be accomplished and covered the estimated cost of the improvement project. Mr. Brink pointed out 70 percent of the project cost would be assessed to adjacent property owners and the balance would be paid from other resources. A second resolution certifies special assessments for Improvement Project 1998 -19 to the Hennepin County tax rolls. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to open the public hearing passed unanimously. No public input was offered. A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to close the public hearing passed unanimously. 7c -1. RESOLUTION ORDERING IMPROVEMENTS, APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1998 -19, CONTRACT 1998 -L, STREET IMPROVEMENTS, JAMES AND 67TH AVENUES NORTH RESOLUTION NO. 98 -64 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENTS, APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1998- 19, CONTRACT 1998 -L, STREET IMPROVEMENTS, JAMES AND 67TH AVENUES NORTH The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. 7c -2. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 1998 -19, STREET IMPROVEMENTS, 4/27/98 -7- JAMES AND 67TH AVENUES NORTH, TO THE HE. T • ROLLS RESOLUTION NO. 98 -65 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 1998 -19, STREET IMPROVEMENTS, JAMES AND 67TH AVENUES NORTH, TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. 8. PLANNING COMMISSION ITEMS 8a. PLANNING COMMISSION APPLICATION NO. 98006 SUBMITTED BY BUDGET CAR AND TRUCK RENTAL City Manager McCauley explained that this application had been tabled by the City Council on April 13, 1998, with direction to contact Brookdale's owner regarding his opinion relating to the Budget Rental proposal. Mr. Schlesinger of Talisman Companies, owner of Brookdale, contacted Community Development Director Brad Hoffman supporting Budget's continued operation with restrictions. Planning and Zoning Specialist Ron Warren presented slides of the area in question, showing a considerable inventory of trucks. The Planning Commission recommended against the expansion of this operation at this time based on a conflict or inconsistency with Standard E of the standards for special use permits contained in the City's zoning ordinance. Mr. Warren stated the original approval was for 12 cars parked at one time under the canopy, citing Brookdale's parking considerations as reason for restricting expansion. Dennis Goneau, Location Manager for Budget Car and Truck Rental, repeated his willingness to keep his inventory of cars to 12 on site at one time. Councilmember Carmody inquired why, through the years, the number of cars had expanded to be out of compliance with the ordinance. Mr. Goneau explained owner and manager changes accounted for the noncompliance. Discussion followed concerning difficulty with enforcement, the future of Brookdale and its overall parking restrictions, with Mr. Goneau stating he would be pleased with the present situation of allowing 15 cars to be parked at the perimeter road lot. A motion by Councilmember Carmody and seconded by Councilmember Peppe to accept the Planning Commission's recommendation to deny the application submitted by Budget Car and Truck Rental for expansion and to amend Condition No. 2 of the Special Use Permit passed unanimously. 4/27/98 -8- 9. COUNCIL CONSIDERATION ITEMS JURA &"now 9a. RESOLUTION AMENDING THE POLICY AND PROCEDURE L TING TO CITY CONTRACTUAL SERVICES FOR NONPROFIT ORGANIZATIONS City Manager McCauley introduced Financial Commission Chair Donn Escher to provide a report reviewing the existing policy for proposals for services from nonprofit organizations. Mr. Escher explained issues concerning state law and city charters, mandatory city services, addressing multiple requests fairly, and submitted a revised draft policy from the Financial Commission to recommend to the Council. RESOLUTION NO. 98 -66 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE POLICY AND PROCEDURE RELATING TO CITY CONTRACTUAL SERVICES FOR NONPROFIT ORGANIZATIONS The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. 9b. AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES RELATED TO THE REGULATION OF PAWNSHOPS AND SECONDHAND GOODS DEALERS City Attorney Charlie LeFevere provided the Council with a revised tY Y p draft of the pawnshop ordinance, noting certain exemptions concerning the sale of used clothing, sporting goods, compact discs, computer games, musical instruments and a possible amendment relating to holding periods. Specific identification and records of the seller and a requirement extending the holding period of the dealer were discussed. City Manager McCauley said the purpose of the discussion was to clarify the needs of the City and look at options for new business. Councilmembers Carmody and Hilstrom discussed the issue of location of pawnshops, and Councilmember Hilstrom requested language be included to restrict pawnshops near child care centers, as well as churches. Discussion followed concerning firearms sales and restrictions used to track and delay resale of merchandise. The Police Department researched transactions involving compact discs and electronic cartridges with other cities and suggested Brooklyn Center follow Robbinsdale and Minneapolis and prohibit exemptions for these items. Mayor Kragness requested the language relating to the regulation of pawnshops and secondhand goods be amended consistent with the Police Chief s recommendations and brought back to the May 11 Council meeting. 4/27/98 -9- RJAFT 9c. RESOLUTION ORDERING THE CORRECTION OF HAZARDOUS CONDITIONS AND FURTHER FOR THE ABATEMENT OF PUBLIC NUISANCES, SAFETY AND HEALTH HAZARDS AND OTHER ORDINANCE AND STATUTORY VIOLATIONS WITH RESPECT TO THAT REAL ESTATE LOCATED AT 4746 LAKEVIEW AVENUE NORTH, BROOKLYN CENTER City Manager McCauley explained this property has previously required the City to do the clean up in order to have it accomplished. The normal methods of ordering seemed ineffective so a resolution is needed in which the City could specially assess the cost of clean up. Councilmember Carmody inquired about progressive penalties to encourage compliance. Mr. McCauley replied that certain individuals find themselves in a life situation that the normal stimuli of fines and punishment do not result in the desired behavior because of their personal circumstances. Mayor Kragness asked. Mr. McCauley to clarify steps the City has taken to get to this point with this property. The City Manager responded that orders have been sent, intervention with relatives has been approached, and civil proceedings as well as criminal prosecution have been used. RESOLUTION NO. 98 -67 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ORDERING THE CORRECTION OF HAZARDOUS CONDITIONS AND FURTHER FOR THE ABATEMENT OF PUBLIC NUISANCES, SAFETY AND HEALTH HAZARDS AND OTHER ORDINANCE AND STATUTORY VIOLATIONS WITH RESPECT TO THAT REAL ESTATE LOCATED AT 4746 LAKEVIEW AVENUE NORTH, BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. 9d. PROCLAMATION DECLARING THE WEEK OF APRIL 26 THROUGH MAY 2,1998, AS SKIP A MEAL FOR THE WORLD'S CHILDREN WEEK President Warren Lindquist and Secretary /Treasurer Roger Johnson, members of the North Suburban Kiwanis Club, spoke to alert the Brooklyn Center citizens of Skip a Meal for the World's Children Week and encourage all citizens to support the campaign to save the world's children from mental retardation. A motion by member Peppe and seconded by member Carmody to approve the proclamation declaring the week of April 26 through May 2, 1998, as Skip A Meal for the World's Children Week passed unanimously. 9e. USES ABUTTING OPEN SPACE ZONES 4/27/98 -10- � ' I' IA.SIIII61 • City Manager McCauley informed the City Council the Planning Commission had adopted 'report reviewing the appropriateness of certain land uses abutting open space zoning districts within the City of Brooklyn Center. The question involved whether uses such as auto repair and service and possibly other uses not allowed to abut or be adjacent to certain residential zones, should be prohibited from abutting open space zones. The Planning Commission does not believe that the open space zoning districts need extraordinary protection from abutting commercial and industrial areas and the uses contained in them and recommended no change made to the zoning ordinance at this time. 9f. DISPOSAL OF PROPERTY City Manager McCauley explained the Police Chief proposed a change from an annual City auction for abandoned or confiscated property to utilizing a professional auction house. Mr. McCauley said such items as trucks, cars, and large maintenance equipment would still go through the Hennepin County auction, but other accumulated merchandise could be handled through the auction house. Councilmember Hilstrom inquired how this program would be evaluated. Mr. McCauley responded that this procedure would be reviewed annually, tracking the cost to determine feasibility of the program. Mayor Kragness questioned the drug forfeiture amount of money listed, and it was explained to be items seized in drug- related crimes and must be used in the Police Department itself. Councilmembers were concerned citizens would be unaware of the auction if it were to take place outside of the City. Mr. McCauley explained ads would be placed in the newspaper or notice in the ® City newsletter. The newsletter would be used if timing worked, otherwise an ad in the newspaper would be used to alert citizens. A motion by Councilmember Carmody and seconded by Councilmember Peppe to approve the requested disposal of property passed unanimously. 9g. UPDATE OF NEIGHBORHOOD LIAISON /CODE ENFORCEMENT City Manager McCauley explained that Community Development has scheduled dedicated hours the commercial review cod m e responsible for commerc of e enforcement and the Police Department ent will b for p the general residential code enforcement. Currently, until the Neighborhood Liaison position is on staff, the Community Service Officer is doing complaint response. Councilmember Hilstrom inquired about the plan for the Neighborhood Liaison person. Mr. McCauley responded the short term plan is to go through the entire City as was done in the past. As completed, continuation of the process would be carried out to avoid build up of complaints. Continuing review of areas that are more problematic would be examined. Councilmember Carmody expressed concern that enforcement will be carried out. Mr. McCauley responded the position will be supervised through the Police Department and quality checks will be made. 9h. SET DATE AND TIME FOR COUNCIL WORK SESSIONS A motion by Councilmember Carmody and seconded by Councilmember Lasman to set the date for • 4/27/98 -11- ) r 7 AFT a general work session as Monday, May 18, 1998, at 7 p.m., and Monday, June 15, 1998, at 7 p.m., • in City Hall Conference Room B passed unanimously. 9i. RESOLUTION RECOGNIZING THE DESIGNATION OF BROOKLYN CENTER AS A TREE CITY USA Brooklyn Center has received national recognition by being named a Tree City USA by The National Arbor Day Foundation. City Manager McCauley informed the Council about the four standards needed to maintain Tree City USA status: a tree board or department, a city tree ordinance, a comprehensive community forestry program, and an Arbor Day observance. RESOLUTION NO. 98 -68 Member Lasman introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING THE DESIGNATION OF BROOKLYN CENTER AS A TREE CITY USA The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. A motion by Councilmember Lasman and seconded by Councilmember Carmody to approve the proclamation declaring April 24, 1998, Arbor Day and May 1998 Arbor Month in Brooklyn Center • passed unanimously. 9j. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFTS OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF THE ANNUAL SUNDAY IN CENTRAL PARK AND ARBOR DAY ACTIVITIES City Manager McCauley informed the Council the Brooklyn Center Lions Club had presented to the City donations of $1,750 and $300 and has designated that they are used for the Sunday in Central Park and Arbor Day activities, respectively. RESOLUTION NO. 98 -69 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE GIFTS OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF THE ANNUAL SUNDAY IN CENTRAL PARK AND ARBOR DAY ACTIVITIES The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. 4/27/98 -12- o {� b 9k -q. RESOLUTIONS OF APPRECIATION City Manager McCauley reported to the Council concerning the resolutions expressing appreciation to the Senate and House authors of the recent legislation, which is providing a grant from the State of Minnesota to finish the Heritage Center restoration, acquire the parking, and legislation that will allow the City to use a special taxing district authority for potential Brookdale redevelopment. Mr. McCauley wanted to single out individual resolutions for Speaker Carruthers, Representative Lyndon Carlson, and Senator Scheid, who were the three key persons in this legislative effort. 9k. RESOLUTION EXPRESSING APPRECIATION FOR ASSISTANCE FROM REPRESENTATIVE TRIMBLE, GUNTHER, AND HAAS RESOLUTION NO. 98-70 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR ASSISTANCE FROM REPRESENTATIVE TRIMBLE, GUNTHER, AND HAAS The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. 91. RESOLUTION EXPRESSING APPRECIATION FOR ASSISTANCE FROM SENATORS BETZOLD, JUNGE, AND HIGGINS RESOLUTION NO. 98 -71 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR ASSISTANCE FROM SENATORS BETZOLD, JUNGE, AND HIGGINS The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. 9m. RESOLUTION RECOGNIZING EFFORTS OF REPRESENTATIVE LUTHER, ABRAMS, AND HAAS ON BEHALF OF THE CITY OF BROOKLYN CENTER RESOLUTION NO. 98 -72 Member Hilstrom introduced the following resolution and moved its adoption: ® 4/27/98 -13- - R FU RESOLUTION RECOGNIZING EFFORTS OF REPRESENTATIVE LUTHER, ABRAMS, AND • HAAS ON BEHALF OF THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. 9n. RESOLUTION RECOGNIZING EFFORTS AND ASSISTANCE PROVIDED BY SPEAKER PHIL CARRUTHERS RESOLUTION NO. 98-73 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING EFFORTS AND ASSISTANCE PROVIDED BY SPEAKER PHIL CARRUTHERS The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and. passed unanimously. 90. RESOLUTION RECOGNIZING REPRESENTATIVE LYNDON CARLSON FOR HIS LEGISLATIVE EFFORTS ON BEHALF OF THE CITY OF BROOKLYN CENTER • RESOLUTION NO. 98 -74 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING REPRESENTATIVE LYNDON CARLSON FOR HIS LEGISLATIVE EFFORTS ON BEHALF OF THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. 9p. RESOLUTION OF APPRECIATION FOR SENATOR LINDA SCHEID RESOLUTION NO. 98 -75 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION OF APPRECIATION FOR SENATOR LINDA SCHEID The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. 9q. RESOLUTION RECOGNIZING EFFORTS OF SENATORS JUNGE, 4/27/98 -14- a &W - " JI • HIGGINS, PAPPAS, AND NOVAK ON BEHALF OF THE CITY OF BROOKLYN CENTER RESOLUTION NO. 98 -76 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING EFFORTS OF SENATORS JUNGE, HIGGINS, PAPPAS, AND NOVAK ON BEHALF OF THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. RECESS The Council recessed at 9:00 p.m. and reconvened at 9:05 p.m. 9r. 6842 WEST RIVER ROAD City Manager McCauley explained this item had appeared on the agenda of the April 13, 1998, Council meeting. It was added again to request the matter tabled for two weeks to allow Mr. Berg and the inspectors to work on a compliance time table that could be incorporated into an order. ® A motion by Councilmember Peppe and seconded by Councilmember Lasman to table the compliance of proceedings at 6342 West River Road until May 11, 1998, passed unanimously. 9s. ORDINANCE PROVIDING FOR THE SALE OF A PORTION OF BELLVUE PARK City Manager McCauley asked for introduction and setting the date of hearing for ordinance providing for the sale of a portion of Bellvue Park on May 26, 1998, that would sell approximately .27 acres of Bellvue Park to the EDA for a piece necessary for the proposed redevelopment project along 53rd. Councilmember Hilstrom asked if this ordinance could be brought before the Park and Recreation Commission on May 17. Councilmember Carmody asked how the City came in possession of this property. The City Attorney's office reviewed the title to Bellvue Park prior to the beginning of the project and determined there were no impediments to the proposed use. Since it is being used for a public purpose and the property that would be conveyed to the EDA with property that would be reconveyed as part of the sale of lots whereas the others, the public right of way which is another issue to discuss. The Council had indicated that it wanted input with respect to what would be an appropriate name for the street. At the neighborhood meeting residents were asked for input, and the response was to include the name Bellvue. The question for the Council, before the City would come in with a plat, is if Bellvue Lane based on neighborhood input would be acceptable. 4/27/98 -15- 7 � R AFT A motion by Councilmember Carmody and seconded by Councilmember Peppe to approve the first reading of the ordinance providing for the sale of a portion of Bellvue Park passed unanimously. 9t. TABLE: RESOLUTION APPROVING FINAL PLAT - HOLIDAY BROOKLYN CENTER ADDITION Councilmember Peppe raised the issue of a burden imposed on the SuperAmerica station, requiring them to,negotiate joint access with the Fitterman property concerning construction of a proposed joint driveway. SuperAmerica requested a condition be added to the Holiday Final Plat approval: The Final Plat shall not be executed by the City or released for recording until the easement for the joint access drive opposite the Holiday drive be duly executed and on file with Hennepin County. Councilmember Carmody inquired if the new owner of the Fitterman property would be willing to work with SuperAmerica in solving this issue. Planning and Zoning Specialist Ron Warren stated the new owner of the Fitterman property had no objection to granting the necessary easement to SuperAmerica. City Manager McCauley suggested that since the matter was set to be tabled, the Staff can provide additional information for the next Council meeting. The issue of previously approved subdivision conditions may need consideration. Since the resolution is requested to be tabled, Mr. LeFevere and Mr. Warren could review these concerns and have a report for the next Council meeting. Councilmember Hilstrom questioned the City's liability if a problem occurs because of placement of a median, causing a limitation of a business having free access to right in right out only. City Manager McCauley responded the Minnesota Courts have been very clear that the placement of a median is not a compensable taking of property. The unrestricted access to roadway turning left or right cut off by a median is not compensable. A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to table the resolution approving the final plat - Holiday Brooklyn Center Addition until May 11, 1998, passed unanimously. 10. ADJOURNMENT A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to adjourn the meeting at 9:10 p.m. passed unanimously. City Clerk Mayor Recorded and transcribed by: Mary Schendel 4/27/98 -16- • MINUTES OF THE PROCEEDINGS OF THE CITY OF THE CITY OF BROOKLYN CENTER IN THE OF HENNEPIN AND THE STATE OF MINNESOTA PUBLIC INFORMATIONAL MEETING APRIL 29, 1998 CITY HALL 1. CALL TO ORDER The Brooklyn Center City Council met in a special public information session and was called to order by Mayor Myrna Kragness at 7:08 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kay Lasman, and Robert Peppe. Also present: City Manager Michael J. McCauley, Community Development Director Brad Hoffinan, and Recording Secretary Mary Schendel. 2. STAFF PRESENTATION OF CONCEPT City Manager McCauley presented a brief description of the area to be discussed. Specifically, the area includes four parcels acquired by the City and a parcel of right of way turn back from the State of Minnesota. There are major utilities which run through 65th so that any development could not take place over 65th. Skyline Enterprises initially approached the City concerning development on both sides of Highway 252. The meeting was being held to provide an overview and for questions and comments. City Manager McCauley described the two 3 -story senior cooperative buildings, explaining that ownership would be limited to persons 62 years of age and older and would continue to be restricted to persons 62 and over after the initial sale. The buildings would be between 50 and 54 feet tall requiring the developer to obtain permission to exceed the 45 -foot limitation in this area. Minimum quality standards for the exterior materials would be required by the City along with a landscape plan and storm water run off management. Skyline Enterprises, Inc. plans to use HUD financing with a 40 -year mortgage. Mr. McCauley said the land sale price of $255,000 represented a value based on the range of estimated values for property in this area of the City. The City spent approximately $1.6 million on acquisition, relocation, asbestos abatement, and demolition to assemble the land. The increased traffic is expected to be less than what the businesses that were replaced would have generated. Skyline Enterprises, Inc. has been examined and the City found their previous and current holdings indicate an ability to successfully meet the obligations of a development agreement and deliver a quality project. 3. PRESENTATION BY DEVELOPER: SKYLINE ENTERPRISES, INC. is 04/29/98 -1- City Manager McCauley introduced Skyline Enterprises, Inc. President R. e began the presentation with a history of his successful construction and nursing o e or dating from 1960. He went on to explain cooperative living for seniors as a home ownership alternative at a very affordable cost. The low interest rate mortgages through the new HUD program would give the people 62 years and older a great deal of financial flexibility, yet allow them to remain home owners. Mr. Stinski stated his desire to work with the neighborhood group regarding the building height of the proposed construction. He feels a building height of 45 feet, which is the limit for this area, would lessen the aesthetics and appearance of the building. By redesigning the roof line, he can address the issue of roof height and make the buildings fit with the residential- perspective of the neighborhood. Mr. Stinski stated his desire to present a project with the highest quality in all aspects, including visual plus functional appeal. He went on to explain that a management team would be in place for one year to help prepare the cooperative's board and teach management methods. John Gould, KKE Architects, presented drawings showing the project at completion. He highlighted the visual and ornamental accents that upgrade this project from others in the area. Questions from the citizens reflected concerns with air quality safety because of underground parking, increased traffic, adequate on- street parking spaces, location and upkeep of holding ponds, visual aesthetics, and site lighting. Tim Larkin, Glaser Financial Group, appeared at this meeting to answer questions concerning financing. Questions concerning the 40 year HUD loans to be used for this project were discussed at length. Mr. Larkin explained financing options available for coop housing, maintenance S agreements, HUD requirements, purchase qualification, and other concerns residents communicated to the Council. 4. PUBLIC QUESTIONS AND COMMENTS Because this Council meeting was convened with a more familiar town meeting atmosphere, citizens did not approach the podium to state their names and addresses. Instead they spoke from their place in the audience. Questions concerning the cooperative concept, what the actual street address would be, how many parking spaces were allowed for each building, if elevators will be installed, traffic circulation, carbon monoxide issues, holding pond upkeep, grading, drainage, site lighting, and signage were addressed. A citizen raised the question of DES Investment's pursuit of property for sale in the neighborhood and inquired if Skyline Enterprises, Inc. was connected in any way to DES Investment. Mr. Stinski answered these concerns with information relating to real estate acquisition, cooperative housing sales as compared to condominium ownership, management issues, and construction time limits. The issues of available public transportation, sidewalks, walls constructed to conceal Highway 252, and security matters were discussed. Mr. Stinski and Mayor Kragness stated the need to have housing available for seniors in the community they helped build. Mayor Kragness reminded the audience these dwellings would be owner- maintained which eliminates many problems encountered with apartment or condominium housing. Tom Kouri, Chair of Riverwood Neighborhood Association, and Jerry Blamey, Treasurer of the association, spoke of their appreciation in being included and involved in the process taking place. • 04/29/98 -2- Rod Snyder asked the audience to move toward closure on the meeting, reali hn's: n�qt S complete and opportunities to contribute opinions would continue to be available. �he citizens they had decided to purchase homes in this neighborhood that included a major highway, the river, apartments already built, and a motel. Mr. Snyder stated that the opportunities to influence surroundings, have a partnership with the City, developer, and neighbors make living in this neighborhood so valuable. Mayor Kragness thanked everyone for attending and working together toward a common goal. ADJOURNMENT A motion by Councilmember Hilstrom and seconded by Councilmember Lasman to adjourn the meeting at 9:00 p.m. passed unanimously. City Clerk Mayor Recorded and transcribed by: Mary Schendel I 04/29/98 -3- City Council Agenda Item No. 7b April 27,1998 • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Charlie Hansen, Finance Director C W DATE: May 6, 1998 SUBJECT: Resolution Approving Specifications for Requests for Proposals for Financial Advisory Services During 1996, the Financial Commission recommended and the City Council adopted a Policy and Procedure on Requests for Proposals for Financial Profession Services. A major element of this policy was a schedule for doing requests for proposals (RFP) on a rotating basis for the six professional services used by the Finance Department. The policy also calls for the specifications for the professional services to be approve by the City Council. Financial advisor is a service primarily concerned with the issuance and management of the City's bonded debt. The advisor is also used to provide additional capability to analyze complex proposals in areas such as tax increment financing and economic development. P P P g p Springsted, Inc. of St. Paul has provided financial advisory services to the City since 1976. The draft specification was reviewed by the Brooklyn Center Financial Commission at their meeting on May 5, 1998. They voted unanimously to recommend the draft specification to the City Council. The attached resolution approves the specifications for the RFP. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING SPECIFICATIONS FOR REQUESTS FOR PROPOSALS FOR FINANCIAL ADVISORY SERVICES WHEREAS, the City Council adopted a Policy and Procedure on Requests for Proposals for Financial Profession Services; and WHEREAS, proposals for financial advisory services are to be solicited in 1998 in accordance with this policy; and WHEREAS, the staff and the Financial Commission have developed specifications for proposals for financial advisory services and are recommending the attached specifications to the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the specifications for Requests for Proposals for Financial • Advisory Services are hereby approved. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER, MINNESOTA ® REQUEST FOR PROPOSALS FOR FINANCIAL ADVISORY SERVICES I. State ment of Purpose The City of Brooklyn Center, Minnesota is inviting proposals for the purpose of selecting a firm to serve as independent financial advisor to the City. The City expects to select a financial advisor who will serve the City for a period of four to six years, commencing on January 1, 1999. The independent financial advisor will be expected to perform services as required by the City in a professional and timely manner. II. General Information Regarding the Citv The City of Brooklyn Center is a northem suburb of Minneapolis. The City is wholly within Hennepin County and encompasses an area of approximately 8.5 square miles. The Mississippi River forms the City's eastern boundary. The City experiences its most rapid growth from 1950 to 1970 when the City's population grew from 4,300 to its peak of 35,173. The 1990 U.S. Census count for the City is 28,887, a 7.5 % decline form the 1980 Census. The 1997 population, as estimated by the Metropolitan Council, is 28,515. In contrast to the decline in population, the number of households continued to grow to a peak of 11,704 in 1990. By 1997, the number of household had dropped to 11,238 due to removal of some units by the City in accordance with a planned redevelopment effort. The decline in population is due to the combination of fewer persons per household and fewer households. Brooklyn Center has been a municipal corporation since 1911, and is governed under a Home Rule Charter adopted in 1966 and subsequently amended. The City has a Council- Manager form of government. The Mayor and four Council Members are elected to serve overlapping four -year terms. Individuals comprising the current City Council are listed below: Expiration of Term Myrna Kragness Mavor December 31, 1998 Kathleen Carmody Council Member December 31, 1998 Debra Hilstrom Council Member December 31, 1998 Kay Lasman Council Member December 31, 2000 Robert Peppe Council Member December 31, 2000 i 1 The City Manager, Mr. Michael J. McCauley, is responsible for the administration of Council policy and the daily management of the City. The Manager is appointed by the City Council and serves at its discretion. Mr. McCauley has served the City in the position of Manager since December of 1995. The Director of Finance, Mr. Charles R. Hansen, is responsible for directing the City's financial operations, including the preparation of the annual financial report and interim reports, the investing of City funds, and the issuance of bonded debt. Mr. Hansen has served the City as Director of Finance since 1993 and was previously the assistant to the Director of Finance for seven years. III. &Dpe of Services The independent financial advisor will assist the City in the analysis, structure, issuance and management of debt on a regular, ongoing basis. The financial advisor may also be called upon to provide other financial advisory services on an as needed bases, such as analyzing capital financing plans, tax increment financing, rate analysis, housing financing and assistance with negotiated transactions. Services will include, but are not limited to, the following tasks: Task 1: Debt Issue Development and Oversight Task 2: Continuing Disclosure / Arbitrage Rebate Management Task 3: Financial Planning and Debt Management Task 4: Economic Development Planning Any outlined task(s) requiring periodic updates and monitoring by the City and /or the Financial Advisor, for which workii:g documents and /or computer models are necessary, shall be formatted to be compatible with the City's current computer software. Such working documents and /or computer models shall become property of the City. Task 1: Debt Issue Development and Oversight The Financial Advisor will be responsible for the oversight of the issuance of all competitive and negotiated bond transactions. This task will include: (1) Planning and Development; (2) Marketing; (3) Bond Closing; and (4) Work Products. 1. Planning and Development a) Research and advise on aspects of tax exemption and arbitrage in cooperation with Bond Counsel and the City Attorney. b) Review preliminary feasibility studies in cooperation with the City, its officials and administrative staff, attorneys, bond counsel attorneys, 2 accountants, architects, and engineers, as requested by the City. These studies outline the project, its costs, funding alternatives and sources, ® existing debt and future debt service requirements and cash flow and revenue needs. c) Analyze the proposed financing, including funding alternatives to determine methods of strengthening marketability and recommend the best method of marketing consistent with current economic and market conditions and rating agency criteria. d) Consult with established rating agencies with regard to proposed financing and assist the City in obtaining the most favorable rating possible by directing preparation of appropriate information and by accompanying City representatives in meetings with rating agencies. This task includes analysis of City credit rating with reference to standards, national trends, etc., and advise on measures to be taken to improve ratings. e) Act as a liaison with bond counsel and coordinate the work of other professionals providing similar services. 2. Marketing The Financial Advisor will assist the City in the marketing of bond issues. Such services will include: a) Advise on the appropriate terms and conditions of the sale, such as maturity schedule and other requirements including discount, par, premium, net interest cost, and true interest rate. The Financial Advisor will consult with the City and bond counsel concerning the bond covenants, and advise on advantageous features such as parity provisions, reserve requirements, sinking fund payments and redemption provisions and assist City in preparation of call provisions and notices. b) Advise on the timing of the bond sale, taking into consideration such factors as changing economic conditions, current and projected market trends and convenience to the City. C) Assist in preparing an official statement on behalf of the City and with the cooperation of the City and bond counsel. Advise the City on full disclosure requirements and conformance to suggested guidelines. Coordinate review and revision with the City, bond counsel and underwriter. This Official Statement shall be subject to final review by the City and bond counsel. d) Assist in publicizing the issue with an official statement, notice of sale, bid forms and such other means necessary and advisable to develop regional 3 public and institutional interest. • e) Advertise the bond sale in prominent financial publications as may be appropriate to the sale in addition to coordinating local publication requirements with bond counsel. 3. Bond Closing The Financial Advisor will assist the City in directing, coordinating and supervising bond closing transactions. Such services will include: a) Coordinate the compilation of transcript material; P P b) Oversee all bond pricing and registration procedures; C) Solicit bids for investment of funds if necessary. 4. Work Product The Financial Advisor will be expected to provide the following work products for each debt offering unless specific arrangements are made for one or more of these products to be supplied by others. a) Pre -sale analysis; b) Offering statement; C) Post sale analysis; d) Such other studies, including analysis of funding alternatives, cash flow projections and materials necessary for financial planning lannin and bond sale purpose. Task 2: Continuing Disclosure / Arbitrage Rebate Management The Financial Advisor will assist the City in the administration of continuing disclosure requirements and arbitrage /rebate management. These services will include, but are not limited to: 1. Compile and assist with the distribution of an annual report for submission to all Nationally Recognized Municipal Securities Information Repositories and the State Information Depository, if one is designated, and the Municipal Securities Rulemaking Board, as required by the provisions of the specific issue; 4 2. Monitor material events through periodic requests for information and assist with the disclosure of material events; • 3. Advise on arbitrage and /or rebate g provisions; 4. Monitor funds subject to arbitrage restrictions and calculate rebates. Task 3: Financial Planning and Debt Management The Financial Advisor will assist the City in financial planning and debt management activities. These services will include, but are not limited to: 1. Assist and advise with the implementation of a long -range financial plan for the City. Development of the plan will include: a) establishing policies and procedures; b) identifying and evaluating objectives; C) review and analyze cost effective alternatives for financing the City's operating and capital requirements; and d) review enterprise fund(s) revenue requirements. 2. Assist and advise the City in managing its short- and long -term debt programs. Such services will include: a) assist and advise on the development of debt management policies, including total debt, levy and per capita levels, pay -back provisions, etc.; b) monitor markets for opportunities to refinance existing City debt; C) advise and assist the City in determining the scope of new debt financing; d) assist in communications with the financial community to promote the City's debt securities and improve bond ratings; and e) assist the City in meeting its secondary market disclosure requirements. Task 4: Economic Development Planning The Financial Advisor will assist the City in fiscal planning of and debt management of its economic development activities in the following areas: 5 1. Housing • Senior • Market rate • Rehabilitation • Pro forma 2. Tax Increment Financing • TIF Plans • TIP debt management plans • TIF policies and procedures • Issuance of TIF debt • Pro forma 3. Economic Development • Establish policies and procedures • Project analysis • Tax impact • Revise level impacts • Job creation IV. Proposal Form and Content 1. Qualifications Proposals should include responses to each of the following items. Include sample work products as appropriate to address the services expected from the consultant, as outlined in the Scope of Services, Section 11. Please construct your proposal with responses in the same order as listed below to facilitate review and comparison by the review committee. a. Experience of the firm with municipal bond issues in the State of Minnesota. b. Experience of the firm with jurisdictions of comparable characteristics to the City of Brooklyn Center. C. Identify the person(s) who will be assigned to work with the City. List the qualifications and experience of the person(s). If more than one person is to be assigned, identify the person who will have senior -level responsibility or manage the engagement, and the aDproximate time commitment (as a percent) of total time on the engagement of each person. Identify the person who will back -up the manager should he /she become unavailable for any reason. Include resumes. d. Experience dealing with bond rating agencies. Summarize your approach to preparing and presenting the information. 6 e. Outline your firm's experience in providing debt issue development and oversight, services as outlined in Section III. f. Outline our firm's experience v' Q - y p nce m providing continuing disclosure / arbitra rebate management services as outlined in Section III. g. Outline your firm's experience in providing financial planning and debt management services as outlined in Section III. h. Outline your firm's experience in providing economic development planning services as outlined in Section III. i. Summarize your firm's support service capability; i.e. computer printing, word processing, graphics, etc. In -house or contracted ?. j. Outline your firm's experience in advance refunding for local governments. k. Describe the process by which your firm will acquire a working knowledge of the City's outstanding debt so as to be able to advise the City on any financial, legal, market, or regulatory issues in the future. 1. List of references relating to projects completed for local governments over the last five years with comparable characteristics to the City of Brooklyn Center, preferably in the State of Minnesota. Include names, addresses and phone number of contact persons. 2. Fees Provide the pricing schedule you will use to charge the City for providing services as outlined in Section III. Differentiate between fees which may be based upon a sliding scale tied to the size of a bond issue, between types of bond issues, fees which may be a flat annual fee for a given service, or hourly rates for all personnel who may be billed on that basis. Also indicate the level of service commensurate with the quoted price. If the applicant is proposing that the City bear the cost of incidental expenses associated with a financing, clearly state what type of incidental expenses are proposed for the City to bear. Costs for expense reimbursement, if any are to be clearly itemized. 3. Terms and Conditions a. The City reserves the right to reject any or all proposals or to award the contract to the next most qualified financial advisor if the successful financial advisor does not execute a contract within thirty (30) days after the award of the proposal. 7 b. The firm must submit five (5) copies of each of its proposals to the finance officer not later than 4:30 P.M., Monday, June 15, 1998. The address and telephone number is: City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 (612) 569 -3300 All proposals must be signed by a duly authorized individual. All proposals shall become the property of the City and the City may, at its option, request oral presentation prior to selection; notification in writing will be given if such meetings are required. No public bid opening will be held. A listing of firm's names representing the proposals received will be available on Wednesday, June 17, 1998. C. Mr. Charles Hansen, Finance Director, shall be the primary source of contact for your firm during the Request for Proposal and selection process. Mr. Hansen will coordinate appointments with staff and /or the Selection Committee to answer any questions or set up interviews. Communications with other City staff or with the Mayor, City Council, or City Manager will constitute automatic rejection of that firm's proposal. d. Only independent financial advisors should submit proposals to the City. An independent financial advisor is a firm which does not engage in the underwriting of municipal securities. e. The City reserves the right to request clarification of the information submitted and to request additional information of one or more applicants. f. Any proposal may be withdrawn up until the date and time set above for the opening of the proposals. Any proposals not so withdrawn shall constitute an irrevocable offer, for a period of 90 days, to sell to the City the services set forth in the attached specifications, or until one or more of the proposals have been approved by the City. g. If, through any cause, the firm shall fail to fulfill in timely and proper manner the obligations agreed to, the City shall have the right to terminate its contract by specifying the date of termination in a written notice to the firm at least thirty (30) working days before the termination date. In this event, the firm shall be entitled to just and equitable compensation for any satisfactory work completed. h. Any agreement or contract resulting from the acceptance of a proposal shall be on forms either supplied by or approved by the City, and shall contain, as 8 a minimum, applicable provisions of the Request for Proposal. The City reserves the right to reject any agreement that does not conform to the Request for Proposal and any City requirements for agreements and contracts. i. The firm shall not subcontract or assign any interest in the contract and shall not transfer any interest in the same without prior written consent of the City. j. No reports, information, or data given to or prepared by the firm under the contract shall be made available to any individual or organization by the firm without the prior written approval of the City. k. All data, documents and other information provided to the City by the consultant as a result of this Request for Proposal shall become the property of the City and subject to its disposal. 1. All costs associated with the preparation of a proposal in response to the Request for Proposal shall be the responsibility of the firm submitting the proposal. M. The firm selected will be required to evidence that they have in force professional liability insurance of a minimum of $1,000,000 with a maximum $50,000 deductible. n. The consultant will be expected to meet with City officials at City Hall as needed during the course of a bond sale or future service engagements. o. The City expects the consultant to respond to occasional questions on the phone which do not require considerable research on a complimentary basis. P. If the firm selected should merge or be purchased by another individual or firm, contract continuation would be at the City's option. q. This is a request for proposal and not a bid; therefore, the City reserves the right to negotiate with any party and on any matter. V. Selection Process 1. Interviews The City may select two or more firms for oral presentations. Each firm will give a 30- minute presentation summarizing their qualifications and their approach to the project. The presentation will be followed by a question- and - answer period. The individuals who will be assigned to the project will be expected to make the oral presentation. 9 2. Schedule of Events The City has developed the following schedule of events for selection: 5=ifics Chron Timi t�° o gX Tip Send out Request for Proposals May 18, 1998 Receive ro osal p p s from consultants June 15, 1998 Select finalists for interviews June 22, 1998 Interviews July 13- 17, 1998 Recommendations to City Council July 27, 1998 3. Evaluation of Proposals An evaluation committee shall be used to evaluate the proposals. The committee shall evaluate the proposals based on the following criteria: a. ualit of the proposal and response to the Request for Q Y P p p q Proposal. b. Experience and creativity in providing financial advisory services to cities of comparable characteristics to the City of Brooklyn Center. C. Experience and availability of staff assigned to serve the City. d. Proven ability to provide other financial advisory services. e. References. 4. Fees The City of Brooklyn Center is interested in selecting that firm which professionally provides the City with optimal services, yet also meets the City's concern with cost. Firms will be selected for interviews based upon their overall credentials and their ability to service the City of Brooklyn Center. Those firms being interviewed will submit sealed fee proposals at the time of the interview. At the conclusion of the interview, the City will pick firms as to most qualified. Following this ranking, the sealed fee proposals will be opened. Based on the fees then quoted, the City will negotiate fees first with that firm the City has determine to be best qualified. If negotiations with that firm are not successful, the City will then negotiate with the next best - qualified firm. • 10 City Council Agenda Item No. 7c April 27, 1998 MEMORANDUM • DATE: May 6, 1998 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer "71 SUBJECT: Final Plat Approval - SHINGLE CREEK FIFTH ADDITION On March 23, 1998 the City Council approved Planning Commission Application Number 98- 47, providing for platting of property to accommodate the construction of a new Extended Stay America lodging facility along Freeway Boulevard. It was established by the City Council at the time of preliminary plat approval that approval of the final plat would be based upon the requirement that any remaining conditions be met. Essentially, the majority of the conditions have been met, and the plat can be approved subject to completion of remaining conditions, which include the receiving of reproducible mylars and an executed utility and maintenance agreement. The applicant has submitted the appropriate application and fee. Copies of the final plat have been submitted, along with copies of easements required to be recorded with recording of the final plat. Recommended City Council Action Approve the final plat of SHINGLE CREEK FIFTH ADDITION, subject to any outstanding conditions as described and provided for in the attached resolution. • � r E3HlN al_E= C�:REEF=K 5TH AC>E:>l - rlc> N I orono orw uliu,.�Fawr nls vw n (nuc a J ' t� 1 \ So � I r ( "3 1"1 h ff1411h Ono odwoo two ql IKU and row q4 rrm and 10 1se1 et idlh and odyj�.�np t*4 - *&." rues end pkl bwndwy rrok rnfew d \ 0d+er.eee sha+n. LOT \ ,usa- \ a m.7m., u. If . %. GRAPHIC SCALE ^ <, a I \ \ 1 \ ( s T /,i \ .D . \ v L� 1 rr rrn f a .w a--11 ,Kq � e L l �. m' v Mlt.q rl .o+st.w nni awru w r ''• -!� an �:. a/ ¢� K f -ttq a -tl. t0l6fr � �f CafaOt w J' { 0 0DOO11S IRON 16101a CN1 /� ' ` 0 C K 1 LOT V \ co aefrs+ a t u.ssa r f �°Df1 o r. fyf to n -0 rat,l ` LOT J Imr..anT N"arYS- '/ 1 d ml(W I a. u•u'p' Y 1 � l f ( 4. w lam �ar rcrwltw '� i I yr, 1 r ` .st W a< IIr -D. fAYn, rnresru I I 1 • V. afaoo rae n r�t�d R. Green Compar' CONSULTltO ENGsEEPS Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT - SHINGLE CREEK FIFTH ADDITION WHEREAS, the Brooklyn Center City Council on March 23, 1998, approved Planning Commission Application No.98 -47, providing preliminary plat approval submitted by Shingle Creek Land Companies; and WHEREAS, the property owner(applicant) has applied for Final Plat Approval as required by the City Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the plat of SHINGLE CREEK FIFTH ADDITION is hereby approved subject to the following conditions: 1. The applicant shall enter into a standard maintenance and utility agreement with the City; and 2. Any other conditions of the City, Hennepin County, and the Minnesota Department of Transportation as required. 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. 7d April 27, 1998 • • MEMORANDUM DATE: May 6, 1998 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer `� e SUBJECT: Resolution Accepting Bid and Awarding Contract, Improvement Project No. 1998 -26, Contract 1998 -G, Relocation of 16" Water Main & Appurtenances at West Fire Station Summary Explanation Bids for Contract 1998 -G were received and opened on May 6, 1998. The bidding results are tabulated as follows: Bidder Bid Amount Northdale Construction $64,741.96 Valley -Rich Company, Inc. $66,400.00 Penn Contracting, Inc. $72,869.00 Of the three bids received, the lowest bid of $64,741.96 was submitted by Northdale Construction. • The Engineer's Estimate for this project was $65,490.00. Northdale Construction has experience in performing all of the requirements included in this contract, and has performed similar projects for the City of Brooklyn Center. Accordingly, staff recommends acceptance of the low bid and award of the contract to Northdale Construction. Recommended City Council Action Approve the attached resolution accepting the low bid and awarding a contract to Northdale Construction, of Rogers, Minnesota. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT NO. 1998 -26, CONTRACT 1998 -G, RELOCATION OF 16" WATER MAIN & APPURTENANCES AT WEST FIRE STATION WHEREAS, pursuant to Resolution 98 -53, the following bids were received and opened on May 6, 1998, for Improvement Project No. 1998 -26, Contract 1998 -G, Relocation of 16" Water Main & Appurtenances at West Fire Station; and Bidders Bid Amount Northdale Construction $64,741.96 Penn Contracting, Inc. $66,400.00 Valley -Rich Company, Inc. $72,869.00 • WHEREAS, it appears that Northdale Construction of Rogers, Minnesoat is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with Northdale Construction of Rogers, Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 1998 -26 according to the plans and specifications therefor approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized an directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. s RESOLUTION NO. 3. Project costs and revenues are established as follows: As Estim As Bid COSTS Contract $65,490.00 $64,74196 Contingency (10 %) 6.549.00 6.474.19 Subtotal $72,039.00 $71,216.15 Engineering, Admin. & Legal 5.000.00 $ 5.000.00 Total $77,039.00 $76,216.15 REVENUES Water Utility Fund $77,039.00 $76,216.15 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being aken thereon, the following voted in' favor g g thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 7e April 27, 1998 MEMORANDUM is DATE: May 6, 1998 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Work SUBJECT: Resolution Establishing Improvement Project No. 1998 -25, Replacement of Signal Lamps With LEDs, and Authorizing Participation in the NSP Local Government Energy Conservation Program The 1998 Municipal State Aid Fund budget includes $18,000 for the replacement of certain traffic signal lamps with LED lamps for more efficient energy use. The City has the opportunity to obtain partial, no -cost financing from NSP's Local Government Energy Conservation Program to expand this project to encompass all the signals for which the City has relampng responsibility (see the signal light inventory attached). This is similar to the program we used late last year in the water utility to replace the motors on five well pumps with adjustable speed drives for energy conservation. Repayment of the loan is made from energy savings. As shown in the attached memo from City Engineer Scott Brink, the City's consultant, TKDA, has calculated a payback period of 4.6 years for this improvement. After repayment of the loan is complete, in about the fifth year, the City would enjoy an estimated $18,000 or more savings on electrical costs for signal operations, which would cut the General Fund budget for that service in half. TKDA has performed these types of energy analyses for several other cities, and is confident that the energy savings they calculate will be more than sufficient to finance the annual payments on the loan. NSP, of course, would not make a loan repayment schedule that it thought the City could not keep. However, in the event energy savings for some year are not sufficient to make the annual loan payment, the MSA -Local Fund would be available to make up the difference for the General Fund. I recommend approval of this expanded project. MEMORANDUM DATE: May 5, 1998 TO: Michael J. McCauley FROM: Scott Brink, City Engineer SUBJECT: Resolution Establishing Improvement Project No. 1998 -25, Replacement of Signal Lamps With LEDs, and Authorizing Participation in the NSP Local Government Energy Conservation Program The 1998 Municipal State Aid Fund budget includes $18,000 for the replacement of certain traffic signal lamps with LED lamps for more efficient energy use. The project as proposed in the budget would have begun a multi -year program to replace the red lamps on the signals for which the City has relamping responsibility. Since the budget was prepared, NSP has extended its Local Government Energy Conservation Program, making it practical and economically feasible for us to replace at one time all the reds, red arrows, and pedestrian signal lamps with LEDs. Earlier this year the Council authorized the City to enter into a joint powers agreement with the City of St. Paul, which has negotiated a favorable price on the LED lamps. Using the expertise of the consulting firm of TKDA, which has assisted many other cities in these types of programs, costs and estimated annual energy savings have been calculated, as shown in Table 1 below. Under the Local Government Program, NSP would agree to provide no cost, up -front financing in the amount of $62,400, with the City responsible for the remaining cost, which is estimated to be $17,750. Repayment of the loan would be made from the energy savings. This improvement would have an estimated payback of 4.6 years. Table 1 Financial Impact of Proposed Improvements Year Cost to NSP Cost to City Loan Estimated Net Energy Savings (Capital (City's share Payment Energy (Reducing GF Outlay) & engineering) Savings* operating costs) 1 $62,400 $17,750 $12,480 $16,500 $4,020 2 12,480 16,830 4,350 3 12,480 17,150 4,670 4 12,480 17,500 5,020 5 12,480 17,850 5,370 6+ 0 $18,200+ $18,200+ *Assumes energy costs increase 2 percent annually. • As the table above shows, after about five years, the full amount of the energy savings would accrue to the General Fund. The energy savings would cut the budget for electric service for traffic signals in half. The attached resolution would establish the improvement project, and would authorize the City Manager to execute the necessary documents with NSP to participate in the Local Government Energy Management ® Program. The lamps would be purchased via the cooperative purchasing agreement with St. Paul. Quotes would be obtained to hire an electrical contractor to install the units, at an estimated cost of just under $25,000. If approved, the work should be completed by August, with energy savings accruing immediately. • • 1998 Brooklyn Center * Signal Light Inventory For Conversion of LED Lamps ANPIA �A -N ARRO MJ� 1 TH. 252 & 73rd Ave. 12 10 12 2 TH. 252 & 70th Ave. 9 3 6 3 TH. 252 & 66th Ave. 12 a 12 4 TH. 100 & Franca Ave. 12 4 8 5 Shingle Creek Pkwy & Brookdale Square 10 0 6 6 Shingle Creek Pkwy & John Martin Dr. 14 0 8 7 Shingle Creek Pkwy & Summit Dr. 14 0 8 8 Shingle Creek Pkwy & TH. 694 South Ramp 10 2 8 9 Shingle Creek Pkwy & TH: 694 North Flarnp 6 1 4 10 Shingle Creek Pkwy & Freeway Blvd 12 4 8 11 Hurnbolt Ave. & Freeway Blvd. 14 2 a 12 Dupont Ave. & 65th Ave. 12 0 8 13 France Ave. & 69th Ave. 10 4 8 TOTALS 147 38 104 Estimated Energy Saving of LED Traffic Signals and Payback City of Brooklyn Center -w RNMR, Ry I BM- t�` IiA A 4'W U Mmd I. � Qty;l 1 I'vi, 12" Red 50% 4380 0.0725 ISO 14 136 $7. 002 $654 $6.3 19 38 12" RLTA 90% 7884 0.0725 150 8 142 $3,258 $174 $3.084 104 12" colnb. I land Mill) 100% 8760 00725 116 8 108 $7,662 $528 $7,133 Total $17,922 $1,356 $16,566 9, Qy ,+''' , st"A ed � `414 pe 1�i R i ',',,Ty NO, 1.17 12" Red 87,565 $22,711-50 3.58 22.05 2.06 19.99 $2,998.80 $16,831.50 $5,88(m)() 38 12" RLTA 42,542 $5,105.30 1.66 5.70 0.30 5.40 $809AO $3,585.30 $1,520 104 12" Comb. I land /Man 98,392 $48,874.80 6.85 12.06 093 11.23 $1,684.80 $31,194.80 $17,08000 Total 228,499 76,692 4.63 39.81 3.19 36.62 $5,493 $51,612 $25,080 ;' �� ^ timatp R* V 12" Red $114.50 $40.00 $154.50 12" RLTA $94.35 $40.00 $134.35 12" Comb. I land Mail $299.95 $170.00 $469.95 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1998 -25, REPLACEMENT OF SIGNAL LAMPS WITH ZEDS, AND AUTHORIZING PARTICIPATION IN THE NSP LOCAL GOVERNMENT ENERGY CONSERVATION PROGRAM WHEREAS, the 1998 Municipal State Aid Fund budget includes $18,000 to finance the replacement of traffic signal lamps with LEDs to improve energy efficiency; and WHEREAS, NSP operates a Local Government Energy Conservation Program to provide no -cost financing of capital improvements which result in substantial energy savings; and WHEREAS, the City's consultant, TKDA, has studied the proposed improvement and determined that conversion to LED lamps would qualify as an energy conservation measure under said NSP program, and would result in substantial energy savings with an estimated 4.6 year payback; and WHEREAS, said signal lamp replacements would be eligible to be partially funded • through a no -cost loan from NSP, to be repaid through future energy savings in the General Fund budget, with the balance of the project cost funded by the Municipal State Aid Fund budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Improvement Project No. 1998 -25, Replacement of Signal Lamps with LEDs, is hereby established. 2. The City Manager is hereby authorized to enter into an agreement with NSP for participation in the Local Government Energy Conservation Program to partially finance said improvement. 3. Project costs and revenues are hereby established as follows: COSTS As Estimated Materials $51,650 Labor 25,000 Engineering 3.500 • TOTAL $80,150 RESOLUTION NO. REVENUES As Estimated NSP Energy $62,400 Conservation Program MSA -Local 17.750 TOTAL $80,150 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. 7f April 27, 1998 • 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 JWzk DATE: May 7, 1998 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 and submitted appropriate applications and paid proper fees. Licenses to be approved by the City Council on May 11, 1998: MECHANICAL SYSTEMS American Heating & Air Supply, Inc. 8347 University Ave. NE, Spring Lake Park Forced Air Inc. d.b.a. Wenzel Heating & Air Cond. 4131 Old Sibley Mem. Hwy #200, Eagan United Heating and Air Conditioning Inc. 1295 Hackamore Road, Medina RENTAL DWELLINGS Initial: Myrna G. Hlady 5470 72nd Circle Renewal: Wiensch Construction Georgetown Park Townhomes Olympic Development Co. Lyn River Apartments LaSalle Mgmt Group (CHDC Ltd. Partnership) Unity Place 5300 -5322 Ponds Dr. LaSalle Mgmt Group (CHDC Ltd. Partnership) Unity Place 5301 -5315 Ponds Dr. LaSalle Mgmt Group (CHDC Ltd. Partnership) Unity Place 5319 -5333 Ponds Dr. LaSalle Mgmt Group (CHDC Ltd. Partnership) Unity Place 5400 -5422 Ponds Dr. LaSalle Mgmt Group (CHDC Ltd. Partnership) Unity Place 5401 -5423 Ponds Dr. LaSalle Mgmt Group (CHDC Ltd. Partnership) Unity Place 5426 -5448 Ponds Dr. LaSalle Mgmt Group (CHDC Ltd. Partnership) Unity Place 5427 -5441 Ponds Dr. LaSalle Mgmt Group (CHDC Ltd. Partnership) Unity Place 7260 -7274 Unity Ave. N. LaSalle Mgmt Group (CHDC Ltd. Partnership) Unity Place 7251 -7273 Unity Ave. N. LaSalle Mgmt Group (CHDC Ltd. Partnership) Unity Place 7240 -7254 Unity Ave. N. LaSalle Mgmt Group (CHDC Ltd. Partnership) Unity Place 7225 -7247 Unity Ave. N. Dorothy Ostrom- Ringstrom 6025 Brooklyn Blvd. Jay Showalter 6742 -44 France Ave. N. ACR Homes, Inc. 7110 Riverdale Road 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 Kenneth R. Johnson 5301 Winchester Lane TAXICAB COMPANIES Town Taxi #602 7000 57th Ave. N. Town Taxi #109 7000 57th Ave. N. Town Taxi #133 7000 57th Ave. N. Town Taxi #21 7000 57th Ave. N. North Star #170 1213 Lake Street, Minneapolis TOBACCO RELATED PRODUCT TMG Enterprises, Inc. 1329 Brookdale Center City Council Agenda Item No. 8a April 27,1998 • 1 • MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning Speci ist S • Subject: City Council Consideration Item - Planning Commission Application No. 98007 Date: May 6, 1998 On the May 11, 1998 City Council Agenda is Planning Commission Application No. 98007 submitted by Accessible Homes, Inc. (Doug Peterson) requesting Preliminary Plat approval to subdivide into five lots the property currently addressed as 5621 Indiana Avenue North . Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 98007 and also an area map showing the location of the property under consideration, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents. This matter was considered by the Planning Commission at their April 30, 1998 meeting and was recommended for approval. It is recommended that the City Council, following consideration of this matter, approve the application subject to the conditions of approval recommended by the Planning Commission. Application Filed on 4 -9 -98 City Council Action Should Be Taken By 6 -8 -98 (60 Days) Planning Commission Information Sheet Application No. 98007 Applicant: accessible Homes, Inc. (Doug Peterson) Location: 5621 Indiana Avenue North Request: Preliminary Plat The applicant is seeking preliminary plat approval to subdivide into five lots the property that is currently addressed as 5621 Indiana Avenue North. The property in question is zoned R -I (Single Family Residence) and is a 1 09,132.9 sq. ft. (22.51 acre) parcel of land lying between Twin Lake and Halifax Avenue North, just southerly of 7th Avenue North. The property is bounded by Twin Lake on the West; single family homes facing June and Halifax Avenues on the north; Halifax Avenue on the east; and single family homes facing Indiana and Halifax Avenues on the south. The subdivision would create four new lots for development and one lot which would contain an existing single family home. Fifty feet of new right -of -way will be dedicated to extend a public street that would connect the existing June and Indiana Avenues and 56 feet of right -of -way will ® be dedicated on the east end of the plat for the balance of right -of -way needed for Halifax Avenue. The existing legal description is a cumbersome metes and bounds description taking off from the old Government Lot 2, Section 3, Township 118, Range 21. The proposed legal description would be Lots I through 4, Block I and Lot 1, Block 2, Twin Lake Overlook Addition. Lot 1, Block 2 is the site of the house addressed 5621 Indiana Avenue, which address will continue to be used to identify the property. This lot will have 168.11 ft. of frontage along Indiana Avenue and be 51,563.2 sq. ft. in area. Lots I and 2, Block 1, will each be 84 ft. by 116.65 ft. (9,798.6 sq. ft. and front on Halifax Avenue. Lot 4. Block I will be 84.06 ft. wide and 10.209 2 . ft. in s q ) q area with an average depth of approximately 1 18.4 ft. while Lot 3, Block 1 will be 84.06 ft. wide and 9,9- =9.6 sq. fr. in area with an average depth of approximately 121.5 ft. These two lots will front on the new roadway connecting June and Indiana, which will be known as Indiana Avenue in this location. The reason Indiana'Will be used to identify the roadway is to avoid as much confusion as possible with the development of this new section of road. The existing house in the plat has an Indiana address as do all of the homes south of it. The two new lots will face Indiana and should also have Indiana addresses. The existing, homes north of the plat all have June Avenue addresses. The City could unilaterally change the addresses or street names in this area, but it would cause a number of problems for existing residents. It seems better to sign the 0 -30 -98 Paze I street in the location where the change from June Avenue to Indiana Avenue will take place and not require , ,vholesale address and street name changes in this area. The new portion of Indiana Avenue will have 50 ft. of right -of -way to match with the June Avenue right -of -way to the north, however, the Indiana Avenue right -of -way south of the plat is only 33 ft. wide. The surface area of roadways will be a standard width and connect the two paved roadway surfaces. The area proposed for the new Indiana Avenue right -of -way is already a 50 ft. wide drainage and utility easement and contains an eight inch sanitary sewer and a water main which will serve the lots on Indiana Avenue. This plat will dedicate this area for right -of- way as well. Water main exists in the Halifax Avenue right -of -way and will serve the lots abutting Halifax. Sanitary sewer will need to be extended from the north to serve these new lots. The City Engineer is reviewing the plat for roadway and utility extensions. Costs associated with the utility and roadway work will be borne by the developer. All of the proposed lots meet the minimum requirements for single family residential lots. The preliminary plat shows the 856 ft. contour which is the 100 year flood elevation for Twin Lake. The preliminary plat also shows the high water mark for Twin Lake, which is at the 855.1 ft. contour. All building sites must have a finished floor elevation at least one foot above the 100 year flood elevation. That finished floor elevation must, therefore, be at a minimum elevation of 857 ft. The preliminary plat shows 5 ft. wide drainage and utility easements around the interior and rear property lines and 10 ft. wide drainage and utility easements along roadway right-of- way in Block 1. No such easements are shown around the existing property in Block 2. Such easements should be indicated for the existing lot as well. The preliminary plat also shows the location of various sheds on the site as well as an existing garage. The three sheds will need to be removed. The easterly two because they will be on a newly created lot. The one shed on the existing lot will exceed the number of allowable accessory buildings for a residential lot in the city. This shed, too, should be removed. The existing garage can remain and will have a setback of 25 ft. from the new Indiana right -of -way. This alignment is consistent with some of the other accessory buildings located in the immediate area and we do not believe it is necessary that the garage be removed. This plat, because it abuts public water, will have to be reviewed and approved by the Shingle Creek Watershed �Ia.nazement Commission. Application is being made for this review, however, it is not anticipated that the watershed review will be completed prior to the Planning Commission's consideration of this matter. A public hearing has been scheduled for this preliminary plat and notice of the Planrun� Commission's consideration has been published in the Brooklyn Center Sun/Post. RE C ONUNIENDATI ON Pate The proposed preliminary plat appears to be in order and approval of this application is recommended subject to at least the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the city ordinances. 3. Appropriate drainage and utility easements shall be provided around the proposed Lot 1, Block 2 in a manner acceptable to the City Engineer prior to final plat approval. 4. This preliminary plat is subject to the review and approval of the Shingle Creek Watershed Commission prior to final plat approval by the City. Paae 3 J r . ; ) T� _ 11� - - L J 2 -- �c,ttl.rl cf -`f°• __--'� __ � C 1 - - \� ,\ '�. .`tt %:�_� -I I:; -- �`.` - _ i I , 'W r } - - -- 3 ,, r pja jC ,` , Z Y — -- iir 'viA3 i ..l' �'" � • �l� T� J( �c \ ;i ' ; t °% , –"� � — – — j ( AVF. 11. - -� —I \ - -`• �......– �_ I: TH r --- �l�✓. ` ✓— -- -- -- 'N '3hY ttj I _I � � �lll_YI17 AVr„� 1�_ -- _•1- \ ,'• - � � ' yY lid li A X A� -�. 1�� - jN A AYE.1 -- '` � , `: � � � `, `,� : `;"mot•', . , N►A "� r -- , -- \ r ! \, ( Z . 'xn I A r ox Q Q0 1 t. I � - O 1 - t. +! tl /�1 O ^ .- '- _'�_�- ._-`.� _' �v-- _ � � " a , ``�ti , l .L.J'l.� , .1+.A:r.?.1 ° �+1:_1.>•.�. 1.1 �r �.�.1._L1_.� \ .1.:'_. J , 1 • (• �- • PI EOLIMINARY PLAT TWIN LAKE' OVERLOOK w - 'I• CITY OF BROOKLYN CEN` ER 1 n so r,o r SCAT I„ I IM II " a . • Fn.r rrnnvn ,� F......., „. C'1 Q �� I .. ��. »� M el Ml.m <^..n n n„ 4 .... ... , ( C.� ( I ..... �' 6 'f. ..,� .,.r. ;: „ vr ^ . n .,ui., • 'r�. ' M ' . I nl F•r•n e. i. ? a� ;( '• ;, „n t`.rn l,. nr f... - j r -•r •r.. <rw 1!'<i'�{ -Fry trod Vrv(r.wrr x. %/ / / /!� ' -� I ` rr G�� %A I / 1• er ., >' ii.P iintr %'�r'r n.r rr e ,nY•< N...In M1• rrl n l ' nr i nr •rc f n, rr so F/ u� - r r �/• Gn.n..e.e•d > i . n l rmena O (/ ' -----5 89'39'(>0 E ! � 67J.Y0 --- w tf�r "1 _ - •i`_ } j_..._L__.. e�z• n ' s -.R �'...» � /, �.; /-- -s ` .!. • '- r .T 1 96n - k .s" - � I �• ; � 1 . �(.. ;'� l�i � ', Y I c , � � 9 ..�h.. + / /` -. ,,.-rr ..rc• .�. � -_"ry! , t \ F �E'F� - � X �- � u,•.c -,_ t Iii '('' ` , , I � •ol iar r ,nnsnn r. 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I _ �\ f , \ 1 -,• �. { g6 ; � .' �'�• %Tr'� I .' mm� nr.n urvnrr» _ n,n arnn \ \� \\ ' t• ` r I Y I t' I ,.. f L � f Mr. »., 'm. r orrrrx,r nrv.w +r - nvr.n rrn � `! \ � ; � •( : unan nrvune,. nv ra rn. �"� i.` ^' \ 6: J q tp sl�`rr" f 1 nen r r•wwmt o t I i " S iv # •C 'C �. Fir � f ' � o �'�. � [) •C � Jin z. io e .; mom w.r " w¢i 1 �.nr tt ..r f � ,Nn «r ro, urt r, a •I, t., o' n. .s�l � MEMORANDUM DATE: April 28 1998 TO: Ron Warren, Planning and Zoning Specialist FROM: Scott Brink, City Engineer SUBJECT: Preliminary Plat Review Comments Twin Lake Overlook I have reviewed the above preliminary plat and offer the following comments at this time. Comments are based upon a copy of the preliminary plat prepared by Hy -Land Surveying, P. A., dated April 10, 1998. 1. The plan essentially provides for the division of the existing property into five parcels. A single parcel containing an existing occupied household would be located between Twin Lake and a proposed Indiana Avenue extension. Four single family lots would be created between the new Indiana Avenue and existing Halifax Avenue. 2. The total size of the property is approximately 2.5 acres. Typically, residential properties of less than five acres do not require review by the Shingle Creek Watershed ® Commission. However, because the property borders a protected water (Twin Lake), review by the watershed is required. A. The 100 year high water level is 856.1 feet in accordance with the Shingle Creek Watershed Management Plan. This elevation needs to be further confirmed with the Commission. It would appear that at least some portion of the proposed street (Indiana Avenue) would fall within the 100 year flood envelope. However, this may be acceptable, provided that either no filling within the flood plain occurs, or any filling that may be needed is compensated for as required. Drainage must also be considered in the he design and elevation of the street, described further in this memorandum. B. It is anticipated that further comments will be received from the Shingle Creek Watershed Commission after their review of the plat at their May 14, 1998 meeting. 2. Sanitary Sewer and Water currently are available to serve all of the proposed parcels with the exception of the two lots on Halifax Avenue where sanitary sewer would need to be extended from the north down Halifax Avenue. Sanitary sewer and water are already vailable within the proposed Indiana Avenue extension which currently exists as Y p P � Y a 50 foot wide sewer and water easement. The existing dwelling is served from this easement. i A. In addition to extension of the sewer on Halifax, the property owner would also be responsible for all connections to the water and sewer mains, including wyes and/or services. Hook up charges for sewer and water would be levied against the four lots between Indiana and Halifax; the two bordering Indiana at deferred rates with the two bordering Halifax at current rates. 3. For the tw o parcels adjoining Halifax Avenue, it is proposed to vacate 10 feet of the existing right of way. The existing Halifax right -of -way is 76. 5 feet. In comparison to other City streets, most residential streets have 60 foot right of way widths, and state - aid collector streets such as Logan Avenue (53rd to 57th) and France Avenue (69th to 73rd) have right of way widths of 66 feet. Halifax at this location is designated as a state - aid street. Vacation of the westerly 10 feet, and preservation as a utility easement would therefore appear to be acceptable. 4. The grade and drainage of the proposed Indiana Avenue extension will need to be considered in relation to the two existing streets on each side. Storm drain facilities in this area are limited. A 30 foot wide bituminous street with concrete curb and gutter per City standards would be required. 5. A Subdivision Agreement should be executed which details all of the expectations regarding design and construction of infrastructure improvements, the proposed vacation, • and utility hook -ups. 4-29-9S SHINGLE CREEK WATERSHED A-- MNAGE+IiENT CONMSSIO:ti PROTECT REVIEW SC 98 -05: Twin Lake Overlook Owner: Douglas Peterson REMAX 7240 Brooklyn Boulevard Brooklyn. G:nter, NfN 55429 Purpose: Approval of a Wetland Alteration Plan. Location: Southwest quadrant of 5 7 1 4 Avenue N. and Halifax Avenue N., Brooklyn Center. Exhibits: L Project Review Application submitted by Scott Brink, City of Brooklyn Centex, dated April 24, 1998. 2. Preliminary plat prepared by Hy -Land Surveying, dated April 1, 1998. Findin¢s: 1. The proposed project is the subdivision of a single 2.5 -acre parcel into five lots. An existing house ripa.,an to Upper Twin Lake will occupy a 1.2 -acre lot while the four newly divided lots will each be 0.2 acres in size. Toe remaining area will be set aside for an extension of Indiana Avenue north to the terminus of June Avenue. This roadway extension will isolate the existing residence, placing it between Twin Lake and the new Indiana Avenue and the four new lots between Indiana and Halifax Avenues. 2. A complete project review application was received on April 27, 1998. To comply with the 60 -day review period, the Commission must approve or deny this project no later than the June 11, 1998 meeting. Sixty days expires on June 26, 1998. 3. The project site Lies adjacent to Dlv Protected Water 42P (Twin Lake). The OHW of Twin Lake is 853.5. This OHW is confined to the lot where the existing house is and no work is to be performed here. As such, there will be no impact to the DNR protected water. 4. N 1 rnaps show no jurisdictional wetlands on site. 5. The 100 -year Hood elevation of Twin Lake is 855.9 (Shingle Creek Twin Lake X'i - SW'. model, 1997). The 100 -year floodplain is contained within the lot occupied by the existing home with exception of a short finger which extends into the right -of -way for the Indiana Avenue extension. While not specifically a par. of this project, when the road is constructed app roximately 21 cubic yards of .- oodplain fill will be placed. 6. Proposed building lowest floor elevations have not been proposed. To satisfy Commission freeboard requirements, a minirrium floor elevation of 856.9 must be snecif:ed for each of the four new lots. PROTECT REVIEW SC 98 -05: Twin Lake Overtook 7. Per Cornralssion standards, water aualit -f treatm,tat measures are not • required for this small residential development. S. No Erosion Control Plan yas been submitted. Recommendations: Approval pending receipt of: 1. An Erosion Cont. of Plan. Z. Documentation. speci "tying , rinLmuzn Z'l= elevations for Tots 1-4, Block I of 850.9. 3. A revised preliminary plat granting easements over Twin Lake 100 - year fioodplain. Approval will be given upon receipt of above listed items at the office of the Commission's engineer. NIONI TTGONIERY WATSON Engineers for the Commission 4 -29 -98 Eric I. Thompson, P.E. Dam MINUTES OF THE PROCEEDINGS OF THE PLANNING CONL IISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION APRIL 30, 1998 CALL TO ORDER The Planning Commission met in a study session called to order by Chair Willson at 7:30 p.m. ROLL CALL hair Tim Willson, Commissioners Graydon Boeck, Stephen Erdmann, Edward Nelson, and Dianne Reem were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren and Planning Commission Recording Secretary Arlene Bergfalk. Commissioner Rex Newman was excused. APPROVAL OF MINUTES - APRIL 16. 1998 There was a motion by Commissioner Boeck, seconded by Commissioner Nelson, to approve the minutes of the April 16, 1998 meeting as submitted. The motion passed unanimously. CHAIR'S E�'LANATION Chair Willson explained the Plannina Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. ACCESSIBLE HOMES. INC. (D OUG P - APPLICATION NO. 98007 Chair Willson introduced Application No. 98007, a request submitted by Doug Peterson, Accessible Homes, Inc. for approval of a preliminary plat to subdivide into five lots property currently addressed 5621 Indiana Avenue North. The application was filed on 04 -09 -98 and City Council action should be taken by 06 -08 -98 (60 days). Mfr. Warren presented the staff reports and used overhead transparencies to show the location of the property and the Twin Lake Overlook preliminary plat. (See . attached Planning Commission Application Information Sheet dated 04- 30 -98; memorandum dated 04 -28 -98 from Scott Brink, City Engineer; and Shingle Creek Watershed Management Commission Project Review SC 98 -05: Twin Lake Overlook, dated 04- 29 -98.) This plan provides for the division of a 2.51 acre parcel of R -1 property into four new lots and one lot that contains an existing occupied single family home. The existing home, on the proposed Block 2, Lot 1, located between Twin Lake and a proposed Indiana Avenue extension and the 4 single family lots, on the proposed Block 1, Lots 1 -4, are located between the new Indiana Avenue r and existing Halifax Avenue. The existing home is addressed Indiana and Lots 3 and 4 will face the 4 -30 -98 1 new roadway and will be addressed off Indiana. The road extension connecting June and Indiana will be identified as Indiana to avoid confusion over development of the new section of road. . Appropriate signage will be provided. T'Ar. Warren reviewed the right -of -way dedications, described the standard width new paved roadway, outlined the existing and extended water mains and sanitary sewer lines, and noted that the costs for utility extensions and roadway work will be borne by the developer. Mr. Warren explained that the newly created lots meet minimum requirements for single family residential lots. Building sites must have a finished floor elevation at least one foot above the 100 Year flood elevation (857- refer to Watershed Commission preliminary report 0- 29 -98). Easements for drainage and utilities are adequate, however the plat does not show the easements for the existing lot and should be included. Mr. Warren stated the existing garage can remain, however, three sheds in various locations must be removed to meet city accessory building ordinance restrictions. The Shingle Creek Watershed Management Commission provided a preliminary review of the plat (referenced previously), however, a final review by the Commission is not scheduled until May 14. Notice of a public hearing on the Application scheduled at this meeting was published in the Sun/Post. Additional notifications are not required for this application. Mr. Warren stated the proposed preliminary plat appears to be in order and recommended approval of t'ne application subject to four conditions outlined in the staff report and a fifth condition added ® by Mr. Warren during his presentation related to the need for a subdivision agreement covering the road improvements and vacation of right of way, and utility hookups. Chair Willson called for discussion/questions from the Commissioners. Commissioner Boeck inquired about the easements for the electric transmission towers/lines that pass through the property. Mr. Warren clarified that easements shown should cover those towers. Commissioner Boeck also inquired about the setbacks for the existing garage. Mr. Warren explained that although the setback is 25' vs. the required 35' this is not a major issue and corresponds with others in the neighborhood. In response to Boeck's questions regarding lot size and the elevation, Mr. Warren reiterated that all lots meet requirements and that while there is a one -tenth foot discrepancy regarding the high water mark between the City's information and the Watershed Commission's information, all finished floor elevations must be at the minimum elevation. PUBLIC HEAR - APPLI ATIn NO. 98007 - ACCESSIBLE HOMES. INC. There was a motion by Commissioner Nelson, seconded by Commissioner Reem, to open the public hearing on Application No. 98007 at 7:55 p.m. The motion passed unanimously. Mr. Doug Peterson, 4174 Douglas Drive, Crystal, MN, stated he had no additions to Mr. Warren's presentation, however, he was prepared to answer Commissioners' questions. Mr. Peterson explained that he is the developer of the project and that a builder(s) will construct the homes on the new lots. 4 -30 -98 2 With respect to the power line easements, titr. Warren indicated that he would contact the City Engineer to determine whether the easements shown are adequate. Several Commissioners asked what types of homes will be built on the new lots. Mr. Peterson indicated the homes will be in the $1 50,000- 5200,000 range and will be built to the specifications of the lot buyers with an emphasis on accessible homes of varying designs, probably without stairs or basements, and with attached garages. Commissioner Erdmann noted the Comprehensive Plan recommends more diversity in the city's housin stock including larger, modern family homes, and suggested that builders consider these lots for such home construction. Mr. Peterson agreed and indicated the new homes will be tasteful and fitting in the neighborhood. No other individuals from the public appeared before the Commission during the public hearing on Application No. 98007. CLOSE PUBLIC HEARING - APPLICATION NO. 98007 There was a motion by Commissioner Boeck, seconded by Commissioner Reem, to close the public hearing at 8:10 p.m. The motion passed unanimously. Chair Wilson called for additional questions /discussion from the Commissioners. In response to Commissioner Boeck's question regarding public input to this application, Mr. Warren reiterated that the subdivision ordinance does not require mailing of individual notices to surrounding properties. He pointed out, however, that this does not preclude any person from making comments on the application at this meeting or the Council meeting where final action will be taken. In response to Commissioner Nelson's question on the naming of the new roadway, Mr. Warren reiterated the City's desire to limit confusion and to avoid any changes of current addresses in the area. He assured that appropriate signage will be installed in proper street positions. The Commissioners did not interpose any objections to the proposed preliminary plat described in Application No. 98007, submitted by Accessible Homes, Inc. (Doug Peterson). Mr. Warren reiterated that the adequacy of easements provided for the electric towers /lines will be verified. ACTION RECOMM APPROVAL OF APPLICATI NO. 98007 - ACCESSIBLE HOLIES. INC. - DOUG PETERSON There was a motion by Commissioner Boeck, seconded by Commissioner Nelson, to recommend to the Council that it approve Application No. 98007, a request for preliminary plat approval to subdi 'vide into 5 lots property currently addressed 5671 Indiana Avenue North, Brooklyn Center, T'vLN, subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. i 2. The final plat is subject to the provisions of Chapter 15 of the city ordinances. 4 -30 -98 3 3. Appropriate drainage and utility easements shall be provided around the proposed Lot 1, Block 2 in a manner acceptable to the City Engineer, and the required- easements on the other lots be verified, prior to final plat approval. 4. This preliminary plat is subject to the review and approval of the Shingle Creek Watershed Commission prior to final plat approval by the City. 5. The applicant shall enter into a subdivision agreement related to design and construction of infrastructure improvements, the proposed vacation of right of way and utility hookups prior to final plat approval. Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Nelson, and Reem. The motion passed unanimously. The Council will consider the recommendation at its Monday, May 11, 1998 meeting. The applicant must be present. Major changes to the application as reviewed by the Commissioners will require that the application be returned to the Commission for reconsideration. OTHER BUSINESS The next meeting of the Planning Commission is scheduled for Thursday, May 14, 1998. Mr. Warren briefly reviewed agenda items for that meeting. • Mr. Warren responded to questions regarding various projects in the city including current endeavors regarding the reinstatement of the Brooklyn Boulevard improvement/streetscape project scheduled to begin in 2000. Commissioner Reem inquired about the status of a project presented to the Council earlier this year that announced placement of flower containers at several Brooklyn Boulevard intersections this spring. It is believed this plan is a private citizen/business collaboration that does not involve the City. Mr. Warren indicated he did not have any information on the undertaking. ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Erdmann, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:35 p.m. Chair Recorded and transcribed by: Arlene Bergfalk TimeSaver Off Site Secretarial, Inc. 4 -30 -98 4 s City Council Agenda Item No. 9a April 27, 1998 • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Tom Bublitz, Community Development Specialist DATE: May 6, 1998 SUBJECT: Proposed Time of Sale Ordinance In February 1997, the City Council and Housing Commission held a joint meeting to discuss a possible Time of Sale Inspection Program for the City of Brooklyn Center. At that meeting, the Housing Commission agreed to present a Time of Sale ordinance for Council consideration by January, 1998. The Housing Commission presented a proposed Time of Sale ordinance for Council consideration in January After revie the o may, g o ance, the City Council agreed to hold a joint meeting with the Housing Commission, the meeting to serve as a public forum on the ordinance. After notice of the joint City Council and Housing Commission meeting was published in the City Watch newsletter, a joint meeting of the City Council and Housing Commission was held on April 21, 1998. After the joint meeting the City Council and Housing Commission recommended the proposed Time of Sale ordinance be offered for a first reading. A proposed Time of Sale ordinance is included with this memorandum along with t uestion and a � q answer sheet which describes the essential features of the ordinance. One of the areas of concern discussed by the City Council and Housing Commission at the April 21 st joint City Council and Housing Commission meeting, was the issue of how the correction of hazardous items would be monitored if they are deferred to buyers because of a hardship on the part of an owner /seller. Based on information from other cities ap 1% ° rr y o to 5 /o of sellers claim a hardship and defer correction to buyers. Under the current proposed ordinance, correction of hazardous items not requiring a permit would be reinspected by a private evaluator and correction of hazardous items requiring a permit would be inspected through the normal building permit process. For sellers deferring correction of hazardous items to the buyers, the ordinance is less clear with regard to monitoring the correction of hazardous items. In order to address the concerns expressed at the April 21st joint meeting, I have prepared some revised language for the proposed ordinance, which addresses correction of hazardous items by buyers. In the attached revision, the current proposed ordinance language is lined out and the new proposed language is underlined. The agreement from the buyer accepting responsibility for correction of hazardous items could be as simple as a letter from the buyer or a form, such as one used by the City of Bloomington (copy attached). Memorandum Page 2 May 6, 1998 I believe this revision would address the concerns raised at the April 21st meeting and tie up the "loose ends" in the ordinance. This revision is included in the ordinance offered for first reading. If the Time of Sale ordinance is approved for a first reading at the May 11, 1998, meeting, the schedule for consideration of the ordinance would be as follows: ♦ Publication date for the ordinance would be May 20, 1998. ♦ Second reading and public hearing on the ordinance would be June 8, 1998 ♦ If approved the ordinance would again be published on June 17, 1998, and 30 days following the second publication it would become effective on July 17, 1998 The recommendation for the start up date for the Time of Sale program as reflected in the ordinance would be January 1, 1999. This would allow staff time to prepare all the forms and information necessary to implement the program and would start the program at a time when the real estate market is relatively slow. Ordinance No. DRAF 4. 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. 5. Structural systems including walls, chimneys, ceilings, roofs, foundations, floor systems or decks which are not capable of carrying imposed loads. 5. Exterior roofs, walls, chimneys and foundations that are not weather tight and water tight to the extent that it creates an immediate hazard. 7. Abandoned storage tanks. S. Lack of operational smoke detectors located in accordance with the applicable provisions of the uniform Building Code. b. No occupancy shall be permitted of any dwelling unit if vacant and an immediate hazard exits. If the dwelling unit is occupied and an immediate hazard exists, corrective action shall be taken by the owner or agent of the owner. c. 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. d. If due to hardship the owner cannot undertake corrective action, the buyer may elect to correct immediate hazards identified in the evaluator's report. A buyer intending to correct immediate hazards must have written.,.. <:. consent - from the I&iria'Author -Siich w ritten consentinav be subject to terms a.nd conditions "i"ncludin 1. \ a signed areement from the buyer accepting, responsibility for correction of � � g Y the hazardous items; 2. reasonable completion dates (no more than 90 days); 3. evidence of financial ability to perform the corrections. The buyer shall complete the correction of identified immediate hazards by the specified completion date. e. If the owner is a government agency or if an agreement exists between the owner and buyer that the buyer will correct immediate hazards as part of a remodeling project, the buyer may correct immediate hazards identified in the evaluator's report. A buyer intending to correct immediate hazards must have writt en consent from the iasu� ority. S uch written consent may be subject to the terms and conditions including: Time of Sale Inspection Page 5 Ordinanc No. DRAFT 1. 1. a signed agreement from the buyer accepting responsibility for correction of the hazardous items; 2. reasonable completion dates more tfiari= 90-dav_s) . a - evidence of financial ability to perforni`the correctionss The buyer shall complete the correction of identified immediate hazards by the specified completion date. 12 -1509 FAIL.LJRE TO COMPLY a. The failure of any owner, agent of an owner or buyer to comply with the provisions of Sections 12 -1501 through 12 -1511 or to comply with an order issued by the city pursuant to this Code, shall be a misdemeanor. b. 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. c. The city may also enforce provisions of Sections 12 -1501 through 12 -1511 by mandamus, injunction, or other appropriate remedy in a court of competent jursdiction. 12 -1510 WARRANTY LLvIITATIONS a. Nothing in the evaluation report shall indicate or shall be deemed to indicate that a dwelling unit meets all minimum maintenance, housing and building standards. b. Evaluations conducted pursuant to Sections 1501 through 1511 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 any individual. c. The City of Brookl Yn Center shall not incur liability to a buyer or any other person �_ b reason of performance or non-performance of the provisions of Sections 1_ � Y P P p 1501 through 12 -1511. 12 -1511 APPEAL. A person aggrieved by a decision, notification or order under this ordinance may appeal such decision, notification or order to the council which may reverse, modi or affirm the same a�Ler a hearing upon notice to the appellant. The appeal must @ be in writing, (ii) specify Time of Sale Inspection i Paae 6 Cti�' Cf +• + 1 4m" J (7V bioomington, minnesota IMMEDIATE HAZARD CORRECTION/ Community Development Decarment RESPONSIBILITY AGREEMENT BuifCing and Inspections Division Bloomington Time- cf -Saie Housing Evaluation Ordinance gives written consent to the buyer to do so'. purpose of -this es the cwner'seiler to correct immediate hazards identified as Agreement is to provide written consent to the belo.'S to cart of the mandated housing evaluation. However, if the owner/ correct the immediate hazards identified on the housing evaluation seller is a government agency or if an agreement exists between the report for the dwelling described below. The consent by the City of owner /seller a nd the buyer that the buyer will correct the immediate Bloomington is subject to the conditions listed in this Agreement, to hazard, the buxef rmay correct the hazards if the City of Booming cn which the below- listed buyer consents and agrees. ._ Dwelling Address Name Owner ! Address �a er Bu Name Daytime Phone Y Address Check ❑ Owner is government agency. Cne ❑ Signed agreement exists between Owner and Buyer that Buyer will correct immediate hazards. Attach agreement. ,,,4 f �r I 1 . Buyer agrees that Buyer is responsible for correcting immediate hazards identified on the attached Time -of -Sale Housing Evaluation Report, which is incorporated into this Agreement. 2. Buyer agrees to make necessary corrections to immediate hazards identified on the attached report by the following dates: IMMEDIATIE HAZARD COMPL`MON DATE i b. C. d. e - Buy °r iaS flrarCial ac!Il,y to reftCfm CCri eC T d ` ve. E vid enc e ab i li ty dudes: Sens of ha arcs by he CC...DIe? on 2tes !ist_ . e E` 'dens of fin ih !r, Cheer ore cr i-cre That ci Cost under SSCO _ Loan sufficient to cover costs !! Cash sufficient to cover costs Buyer agrees to Correct immegiate hazards listed in 2 active. ^Lyer agrees Dot to cccuDy Dwelling until above- refefencc CCrreC:iCnS have been completed and the Dwelling has been reinscec :ec cy the City. In the event cf Buyer's failure to comply with the conditions of this .4creerr!ent, the City may exercise its rights under Ordinance Section to enfCCCe p r ovisions - f the Crdinance by manCcT.u'S, rlu C:;Cn, or Criminal misdemeanor Charges. I ave read this Correction and Resconsibiiity agreement and will fully comely with the conditions set for the above. _uyer Sicnature Date \J'l :h ti Conditions st,aed in this A.greem --nt, wrl;; °n corsert is granted to the SS'uyer to corrcCt immediate haz—ards in this Acreement for the dwelling describes a ove. _ :y Cf Biccring;Cn Euildi ^ � y a y „ !rscec:icn Div!sicn Signature Date SF; i-3— '1��•!��r „7,i�� {y •i� — ' — . �: ._,; __ >, _it'�•' =1 �' t=.=. �� •��= .f!:.:'.�-- •,,.,� :r,+t,1^ r 22,,, Ayes: C'!d Sina.kocee Road • Elcoming= 'VtN - � • 0 3 -393C' • F-�X: 943 - 80- 4 9 • T rU: 3-37 -10 �.. :2 = 2.Soi CITY OF BROOKLYN CENTER PROPOSED TBEE OF SALE HOUSING LNSPECTION 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 immediate hazards 77 t 1 e follrnving list of questions and anstivers provides information on key elements of the proposed Time of Sale Inspection Program. What dwelling units are affected? All single family and rvo family, including condominiums and townhouses. Mobile homes are included. When must the property be. inspected? The propem must be inspected and a report forn completed prior to go the property for sale. ne Hocrsin; Etialuarion Report must be available for review by potential purchasers at all times that the property is offered for sale. tiy does the evaluation? The seller can choose any licensed indeperdert housin; evaluator who maintains a current certif, care of competency �"om the City of Bloomington, Minneavolis or Sr. Paul. These cities Provide for resting and cerrij�ca of private housing evaluators. The Ciry will maintain a list or private housing evaluators who meet the centi carion requirements of rtie cities designated in :lie City of Brooklyn Center's proposed ordirarce. Evaluators must regtuest to be placed on the ist and show proof of tine required insurance. Vy does an evaluator do? I %.e evaluator will examine the dwelling 's visible structural elements; heating, electrical and pliumbir., sys:,2. -s; and other comoonen_s o,r corsauction. Isle evaluator ,will look into accessible, ttrvccu�,ied areas such as attics and crawl spaces, but , .,gill not ru,`e aoart am; building CCi7 "OI°en:S. Zile evaluator cannot :der cordlttor, that a Cr. d ti ?aCC2S51C1e. L How much does it cost? Based on similar pro in other cities, the initial evaluation report may ccst the seller $100 to .12.5. 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° tiVhen hazardous items are identified 17y the evaluator, correction of the identilled hazardous items must be made. Follow -up on the correction of hazardous items will be done in the following ways: I. For hazardous items not requiring building permits to correct, private evaluators will follow -up to make sure the items have been corrected. 2. For h ardous items requiring building permits to correcr, 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? Hazardous conditions must be corrected before the dwelling is oCCUDied. If the dwelling is already occupied, correc,-ve action . shall be taken by the owner or agent of the owner. What are the most common hazardous items called out in housing evaluations' Based on the eXDerience of other cities with similar programs, the following items are the five most common hazards found in housing evaluations. I. Lack or or improDerty installed smoke derecrors. 2. Electrical firrttres and cover plates. These include outlers and,jur.crion boxes with missing cover plates and broken or cracked switches, outlets and jttrures. 3. Bac,fOly pre. devices. Protection of potable water for inhabiranrs of a dwelling (and also the city water supply) is or great importarce. In most cases, a hazardous ,vater supply condition can be corrected by adding an ant- siphon back ow prevention device to the warersupply. Common locations where a bacn ;low prevention device is required are: a. Ourside garden rose corrections. (All rmusr be protected). b. Laundry rubs with a threaded ,uucet 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. Tnis 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. S. 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 n6 wire (a m4 wire if electrical service is 150 amp or greater) is required to be attached 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. Must the seller correct hazardous items even if the house does not sell? Hazardous items noted in the evaluation report must be corrected even if the home does not sell. Owners will be given a reasonable amount of time to correct hazards not to exceed 90 days. Zs the evaluation a warranty? No. The evaluation is not a guarantee or warranrv. The Housing Evaluation Re,00rt will be completed through visual inspection of the propemf. Tne evaluator cannot guarantee that problems will not occur after the inspection. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 8th 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 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 purpose of this Section is to enhance the supply of safe. sanitary and adequate housing for citizens pf the city of Brooklyn Center and to prevent the deterioration of existing housing. Section 12 -1502. DEFINITIONS. The followi words and terms when used in this Section shall have the following meanings. unless the context clearly indicates otherwise: 1. "Dwelling" - a b uilding or portion thereof designed or used predominantl for residential occupancy o f a continued nature. including one - family dwellings two - fami dwellings., and multiple family dwe llings: but not including hotel and motels. 2. "Dwellin TJnit - a single residential accommodation which is arran designed. used or. if vacant_ intend for use exclusively as a domicile fo r one family. Where a private garage is structurally attached it sha be considered as part o f the building in which the dwelling unit is located. ORDNANCE NO. 3. "MobiL�-,_home" - (includ "Manufactured Homes). A sin family detached dwelling u nit designed f or year -round occUancv_ con structed at a factory or augmb plant and drawn to the site on attached ,rud carria and wheels. "Mobile Home' shall no include "Recreation Vehicle" as-herein d efined = nor sh it include mo dular or n_ refabricateuwellina units which meet or excee the req it ment of the Uniform Bu ildiny-Code, "Evaluation report" - a written report Oren_ ared and signed by a oerson licensed as a time of sale hou g evaluator in a co mmunity recognized by the C i ty of Brooklyn Center on a form, in compliance with Section 12 -1506 of this Code. "Hard ship" - inability of seller to make reauired repairs. including but not limited to economic circumstances, i llness, death, weather or acts of God. "Immediate hazard - a condi tion or d efec t which is likely to cause injury to a person or property if not corrected, "Issuing Authority" - the City Man ager or his/her designated representative. "Owner's Agent" - a person who acts f or or has the power or authority to act for the. owner of a dwelling unit. "Sale" - the transfe of title or possession of a dwelling uni whether or not absolute title is transferred. "Vacant" - a dwelling unit which is not occupied. Section 12- 1503., INSPECTION AND EVALUATION REPORT REQUIRED. 1 Except as set forth in Section 12 -1504 of this Code no dwelli 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 prepared by an evaluator meeting the requirements under Section 12 1505 of this Code. 2. A valid evaluation repor '.seed f the dwelling unit in question shall be provided to, the buyer prior to the execution of a purchase agreement. The buyer shall be supplied a copv of the written, report and shall sign a copy acknowledging_ receipt of that report. 3. If the structure is in compliance with requirements of Section 12 -1508 of this Code_ the evaluation report shall state that the structure has been inspected and is in conformance. An ?valuation report is valid for one Year from the date of its issuance. The report is valid only for the owner listed on the report. ORDINAINCE NO, 4 No person s al offer for s ale by exhibiting or showing a dwelling unit within the city without having; first obtained an' and evalua ren ort as described in this Section. The evaluation rent shall be con spicuously disl laved for ins n_ ection at the premise at all times that such d welling unit is being offered for sale, Section 12 -1504. EXCEPTION Ih.!-, -provisions of Section 1 -1503 do not apply to: 1 Any newly constructed dwelling unit when title is transferred to the fir owner 2 The sale or other transfer of ile of any dwelling unit to a public body. 3 The sale or transfer of title of any dwelling un for the purpose of demolition. 4 The sale or conveyance of a ny dwelling' unit by a sheriff or other nublic or court . officer in the performance of their official duties. This exemption does not a pply to the sale of a dwelling unit by a person appointed by a probate court. 5 The sale or co nveyance of any entire multiple family building. Section 12 -1505. EVALUATOR REOMR_EMENTS. 1. Evaluators con ducting evaluations and completing evaluation rep orts under this Code must maintain current unexpired Certificate of Competency issued v the Citv of Minneapolis St Pa ul or Bloomington. The City Council may by resolution_ recognize Certificates of Competencv from additional cities. Evaluators must also show proof that he or she has a current unexpired Certificate of Comn_ etencv_ from at, least one of the aforem entioned rec ognized cities. 2. Evaluators condiictin3 ev aluations and com pleting evaluation reports under this Code shall also show proof of general liability insurance insuring the evaluator with insurance covera.aes a liability limits which may be specified from time to time by resoluti of th e City C ouncil. Th e evaluator shall maintain insurance continuously in force thereafter. The city shall be included as a named insured on the insurance required herein at th expense of the evaluator. The evaluator shall furnish the city_ with a certificate of insurance whic meets the city requirements. I The city shall mai ntain a list of the names and te lephone numbers of evaluators who meet the require of this secti The list shall be available to the up blic. ORDINANCE NO. Section 12 -1506. EQ I The city 5balj pre are or authorize use of forms as it deems appropria to constitute a disclosure under Sections 12 -1501 through 12-1 511. The form shall provide information concerning Code req uirement s, mAjor s tructural d efects and immed hazards to health. safet and prope rtv_. Section 12 -1507. DUTIES OF EVALUATORS_ 1 Each evalu ator shall co mply wi th the following-, a, Maintain a curren license wit one of the recognized cities, b Cond uct all evaluaxions within the program's guidelines, Meet re quired continuing education requirements established recognized i i . listed in Section 12 -1505. 2 Each evalua shall comply with t he followi� procedure for preparing and fi1in� reports: .L 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 hazardous at the time and da te of the evaluation. b- The evaluator shal submit the original e valuatio n report to th e seller. The evaluator shall keep a duplicate copy. Section 12- 1508. CORRECTION OF IMMEDIATE HAZARDS. 1. The follow items when discovered by the evaluator, shall be identified as, immediate hazards in the evaluation report: a- Heating systems th are unsa di.ie to b urned out o r rustPC1 heat exchangers, burned out. rusted or plugged flues. no vent, connection with unsafe gas sun_ plies, or incapacity to adequately heat the living s pace, d 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 eauipment 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 ,glpply 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. wall],-, chimnevs and foundations that are not weather tight and water tight to the extent that it creates an immediate hazard.. g., Abandoned storage tanks.. ORDINANCE NO. Lack of operational smoke detectors located in accordanc with the ap 1p icable provisions of the Uniform Building Cod 2 No occupancy shall be permitted of any d welling unit if vacant and an immediate, hazard exits If the dwelling unit is occupied and an immediate hazard exists„ corrective act shall be taken bath owner or a=t of the owner, 3 When correctin identified hazards the owner shall oblain all nece *sary permits from the city and the premise_ s shall be suj�iect to inspection by an evaluator prior to occupancy of the dwgL ' 4 If due to hard&p the owner cannot u nderta ke corrective action. the buyer may elect to corr .I immediate hazards identified in th e evaluator's rgport. A buyer intending t� correct immediate hazards must have written consent from the Issuin Atxthority Such wri tten consent ma y he siahjer_,t to terms and con 'ins includina: A_ a signed agreement from the buv_ er accenting_ responsibility_ for correction of the hazard items; t reasonable completion dates (no more than 90 days); c evidence of financial abilitv to perform the corrections. The buv_ er shall co mp) e the correction of identified immediate hazards by the specifie completion date. 5. If the owner i a government a_ envy or if an agr eement e xists between the owner and buer t y hat the 1?tty wi11 correct immediate hazards as part of a remodeling project, the buyer m ay correct immediate hazards identified in t he evaluator's report. A buyer intendin to correct immediate hazards must b avP written consent from the issuing Authority. Such wri consen may be subject to the terms and conditions including: a. a signed agreement from the buv_ er accepting responsibility correction of the hazardous items; b. reasonable completion dates (no more than 90 days): e. evidence of financial ability to perform the corrections. The buv_ er shall co mplete the correction of identified immediate haz ards by the specified completion date. ORDINANCE NO. Section 12 -1509. EAMLJRE TO COMPLY. 1 The failu of any owner. aaent of an owner or buyer to comply with the provisions of Sections 12 -1501 through 12 -1511 or to complv with an order is sued b y the city_ pursuant to this Code. ha be a mi sdemeanor. 2 The failure of an, ey valuat to comply with the provisions of Section 12 -1505 shall be a mis demeanor and may result in de- certification by the city. 3 The citvmgv alsp enforce provisions of Secti 12 -1501 through 12 -1511 by m n amus. injunction_- or other aporonriate remedv in a court of competent -jurisdiction. Section 12- 1510.. WARRANTY LIMITATIONS. 1 Nothing in the evaluation report shall indicate or shall be d eemed to indicate that a dwelling unit meets all minimum maintenance, housing and building standards. 2 Evaluations con ducted pursuan to SeCtions 1501 through 1511 are made in order to. y improve t overall housing stock in th e city and are not meant to be a warranty or guarantee of t dwelling unit evaluated. The r eport issued by the evaluator is not a representatio to any individual buyer, seller or rent regarding the condition of the building nor is the report i ntended for the sp ecial benefit of any i n dividual. I The Citv_ of Brooklyn Cent shall not incur liability to a buyer or any other person by reason of performance o non - performance of the provisions of Sections 12 -1501 through 12 -1511. Section 12 -1511. APPEAL. A person aggrieved by a d ecision. notification or ord er under this ordinance may appeal such decisio notification or order to the council which may reve modifv or affirm the same after a hearing u on n tice t the a ellant. The a eal must i e in writin (ii) a p _ g specify the decision. notification or orde appealed form, (iiil specify with particularity th ,e basis and grounds of the appeal. and (iv) be filed wit the clerk on or before 20 days following the date of the decision. notification or order. Section 12 -1512. EFFECTIVE DATE. Sections 12 -1 through 12 -1511 shall be effective f or 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. ORDINANCE NO. Adopted this day of , 1998 Mayor ATTEST: City Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) City Council Agenda Item No. 9b April 27,1998 • • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Brad Hoffman, Community Development Director DATE: May 6, 1998 ' SUBJECT: Resolution Giving Preliminary Approval to a Senior Housing Project on Behalf of Boca Limited Partnership, Authorizing Application for Allocation of Issuance Authority and Calling Public Hearing The resolution before the Council gives preliminary approval for a tax exempt bond issue to purchase the Shingle Creek Tower (6221 Shingle Creek Parkway) and rehabilitate the same. The resolution also calls for a public hearing of the issue on June 8, 1998. The applicant, Boca Limited Partnership, is requesting authority to issue $7,200,000 in housing revenue bonds. They would also be seeking Section 42 Tax Credits in the amount of $750,000 for the project which means that 40% of the units have to be occupied by residents whose income is no more than 60 percent of the areas median income level. With the original application, staff had concerns with the purchase price of the complex. The price tended to be at the high end of the market. There was also some concern relative to the developer's equity position. Mr. Boisclair has addressed these concerns as well as some others including past developments of his. His response is attached in the letter dated March 24, 1998. The developer /owner would continue to maintain the building primarily as a senior building. The bonds, if approved do not constitute a debt obligation of the City. The bonds are backed solely by the value of the real estate in question. Attached you will find correspondence from the developer along with his per forma. Mr. Boisclair will be present to answer the Council's questions Monday evening. • Member introduced the following resolution and moved • its adoption: RESOLUTION NO. RESOLUTION GIVING PRELIMINARY APPROVAL TO A SENIOR HOUSING PROJECT ON BEHALF OF BOCA LIMITED PARTNERSHIP, AUTHORIZING APPLICATION FOR ALLOCATION OF ISSUANCE AUTHORITY AND CALLING PUBLIC HEARING WHEREAS, Boca Limited Partnership, a Minnesota limited partnership to be formed (the "Borrower ") has submitted an application to the City requesting revenue bond financing for a project (the "Project ") generally described as the acquisition and rehabilitation of a 122 -unit residential rental facility for senior citizens known as Shingle Creek Tower at 6221 Shingle Creek Parkway in the City, to be owned and operated by the Borrower; and WHEREAS, pursuant to Minnesota Statutes, Chapter 462C, as amended (the "Act "), the City is authorized to issue its revenue bonds to finance all or part of the cost of the Project, following the adoption of a housing finance program after a public hearing; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: • 1. The Project and the issuance of revenue bonds therefor in an amount up to approximately $7,200,000 are hereby given preliminary approval by the City, subject to the mutual agreement of the City, the Borrower and the initial purchaser of the bonds as to the details of the bonds and provisions for their payment. In all events, it is understood, however, that the bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City except the City's interest in the loan agreement with the Borrower and the Project, and the bonds, when, as, and if issued, shall recite in substance that the bonds, including interest thereon, are payable solely from the revenues received from the Project and property pledged to the payment thereof, and shall not constitute a debt of the City. 2. As required by the Act and by Section 147(f) of the Internal Revenue Code of 1986, as amended, this Council will conduct a public hearing on the Project, the housing financing program, a draft of which is on file with the City, and the proposal to issue the bonds therefor. The hearing will be conducted on Monday, June 8, 1998, at 7 p.m. The City Manager is authorized to cause notice of the hearing to be published and the draft housing program to be submitted to the Metropolitan Council for review as provided in the Act. RESOLUTION NO. • 3. The Borrower may incur expenditures on the Project prior to the issuance of the bonds therefor, and such expenditures may be reimbursed from proceeds of the bonds, when issued. This resolution shall constitute an "official intent" to reimburse such expenditures for purposes of Treasury Regulations, Sections 1.103- 8T(a)(5) and 1.150 -2. 4. The City Manager is authorized and directed to prepare and submit an application to the Minnesota Department of Finance for an allocation of issuance authority for the Project and the bonds to be issued therefor, pursuant to Minnesota Statutes, Chapter 474A, as amended. Upon receipt form the Borrower of the amount of any required application deposit and application fee, the City shall issue its check or checks to the Department for the amount of the application deposit and application fee. Upon any refund of the application deposit to the City, the City will in turn refund the amount received to the Borrower. 5. The law firm of Kennedy & Graven, Chartered is authorized to act as Bond Counsel and to assist in the preparation and review of necessary documents relating to the Project and bonds issued in connection therewith. The City Manager and other officers, employees and agents of the City are hereby authorized to assist Bond Counsel in the preparation of such documents. 6. The Borrower has agreed to pay directly or through the City any and all cost incurred by the City in connection with the Project, whether or not the project is carried to completion, and whether or not the bonds or operative instruments are executed. 7. All commitments of the City expressed herein are subject to the condition that by December 31, 1998, the City and the Borrower shall have agreed to mutually acceptable terms and conditions of the loan agreement, the bonds and of the other instruments and proceedings relating to the bonds and their issuance and sale. If the events set forth herein do not take place within the time set forth above, or any extension thereof, and the bonds are not sold within such time, this Resolution shall expire and be of no further effect. 8. The adoption of the Resolution does not constitute a guaranty or firm commitment that the City will issue the bonds as requested by the Borrower. The City retains the right in its sole discretion to withdraw from participation and accordingly not to issue the bonds, or issue the bonds in an amount less than the amount referred to herein should the City at any time prior to issuance thereof determine that it is in the best interest of the City not to issue S the bonds, or to issue the bonds in an amount less than the amount referred RESOLUTION NO. is to in paragraph 1 hereof, or should the parties to the transaction be unable to reach agreement as to the terms and conditions of any of the documents required for the transaction. 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 • �o v A • � o 00 DEVELOPING QUALITY INVESTMENTS IN REAL ESTATE March 24, 1998 Mr. Brad Hoffman City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 • RE: Shingle Creek Tower Tax Exempt Bond Inducement Request Dear Brad: Thank you for the opportunity to meet with Mr. Mike McCauley and yourself last week discussing our bond inducement request from the City of Brooklyn Center in behalf of our planned acquisition and rehab of Shingle Creek Tower. Hopefully the following responds satisfactorily to your questions and concerns allowing us therefore to timely proceed with staff support for our tax exempt bond inducement proposal. 1. EXISTING RESIDENTS AFFORDABLE HOUSING PRESERVATION - Although we have not yet conducted a tenant survey, my expectation is virtually all the existing tenants will income qualify for what is called "sticky vouchers" commencing 60 days after the pre- payment by the seller of its FHA insured mortgage. Sticky vouchers is a direct tenant subsidy of the differential between the new market rent and the tenant paid rent portion which is provided by the federal government and administered by the local or county housing authority. The housing authority shall receive a fee for administering the ® vouchers. Sticky vouchers are expected to be annually renewed permitting the existing 3005 OTTAWA AVE. • ST. LOUIS PARK, MN 55416 -2206 • PHONE: (612) 922 -3881 • FAX: (612) 922 -3071 2 resident to remain in place until he /she voluntarily decides to move. After the purchase closing the initial 60 day gap without sticky voucher subsidies, the tenant rent will not change with the buyer covering the gap cost. With respect to future affordable rents our bond application intends to qualify 40% of the units for IRC Section 42 tax credits. Thirty one (31) one bedroom and eighteen (18) two bedroom rents will be $63 and $137 respectively per month lower than our market rents for similar units. 2. RATIONALE FOR THE OSTENSIBLE SELLER/BUYER VALUE CONTRADICTION - The seller built the project in 1973 under the FHA 236 interest rate reduction subsidy program when the primary investment incentive was accelerated depreciation deductions from income unrelated from the project that was permitted prior to the 1986 Tax Reform Act. There is no remaining economic incentive for the seller to continue owning the property, the tax benefits have been long gone and the Section 236 regulations permit minimal, if any, cash distributions. Enclosed is the seller's 1996 independent financial audit which validates the foregoing. Please note no distribution (see page 13) was authorized in 1996. Capitalizing the $21,000 cash flow by say 8% which is optimistic, results in an insignificant $262,500 equity when added to the existing debt of $1.4 million ($1,662,500 total FHA 236 restricted value) the seller is justified in seeking a real estate • tax reduction as long as the existing severely regulated FHA 236 program remains in place. The seller must make efforts to minimize project expenses (i.e. real estate taxes, etc.) in order to squeak out the minimal authorizable $21,000 annual distribution. Alternatively, the buyer sees an opportunity to purchase the property at a price definitely not supportable under the existing FHA 236 regulatory constraints however, is clearly justified if the property is converted to market comparable rents. You will recall at our initial meeting we provided you an Economic Rental Analysis prepared by Kraemer Geisler & Strand, Appraisers that was conducted in behalf of a similar building we own located in your neighboring community, Brooklyn Park. This study's market rents give us the confidence they can also be attained in Brooklyn Center's Shingle Creek Tower especially after the contemplated rehab is finished. Obviously, our preliminary market rent assumptions will be further scrutinized for validity by not only us but also by the intended first mortgage bond financed credit enhancer, FNMA. It is also noteworthy our purchase price ($35,457/d.u.) is substantially below replacement cost (approximately $75,000 /d.u.), which provides assurance new construction competition is remotely in the distant future. Meanwhile, our aging seniors population continues to expand faster than the general market percentage wise which is demonstrated by the acute low 1 % vacancy in senior designed facilities, compared to the general market's 2% vacancy. Apartment Search 4th quarter 1997 reported 1.9% general occupancy vacancy for Brooklyn Center. 3. REHABILITATION WORK PLANNED - Preliminarily, subject to subsequent in depth study with respect to need and cost, the following improvements are contemplated: 3 i 1 Common Area Expansion - 5,500 p square ft. ($100 /s.f.) $550,000 2) Window Replacement 120,000 3) Boiler Replacement/HVAC Upgrade 95,000 4) Elevator Repair & Upgrade 30,000 5) Corridor Carpet, Lighting & Painting 60,000 6) Roof Replacement 60,000 7) Cabinet Replacement 110,000 8) Carpet Replacement 120,000 9) Electrical Upgrade 30,000 10) Appliances 55,000 11) Parking Lot Resurface 40,000 12) Landscaping 20,000 13) Contingency 40.000 Total Rehabilitation ($10,9021d.u.) $1,330,000 60 Stall Heated Garage 600.000 Total Construction ($15,820/d.u.) $1,930,000 You will note we increased the rehab budget by $330,000 since our original submission based on subsequent need discovery. Relative to residents quiet use of their apartments and facilities during construction be assured all proper • measures (temporary walls, vinyl taped enclosures, etc.) will be taken to isolate construction areas from npacting as close to normal functioning of the building as possible. Temporary relocation if needed will be provided at our cost within the building in purposely held vacant units to accommodate the time when workers need full and unimpeded access to the apartment under renovation. You will note we have an operating deficit reserve set aside in our pro forma expressly for this purpose. With respect to time to complete the construction work we estimate 12 months. 4. ASSISTED LIVING SERVICES - It is our intent to initiate assisted living services gradually as demand warrants for the listed services detailed in the questionnaire attached. Initially we would begin with an outside health care provider and integrate additional services as they are required by the existing residents who are assumed to afford only what Medicare, Medicaid and County Assistance will cover. Future residents presumably with more disposable income will require additional services not covered by Medicare and the physical facilities will be in place to provide them. Meanwhile, the on -site manager shall also function as services coordinator of community based outreach, social, recreational programs (i.e. meals on wheels, etc.) to raise the living enjoyment for the existing tenants who otherwise could not afford it. Our mission for providing assisted living services is to enhance our senior residents lives and extend their stay and perhaps avoid altogether their need to go to substantially more expensive nursing home. ` Consisting of fully equipped commercial kitchen, library, social activities and exercise room, green house, nurses station, billiard room and beauty shop including furniture and fixtures for the foregoing. A feasibility study will determine whether to delete 1 st floor residential units to create the expansion space or build the expansion as a free standing building (perhaps one level atop the above grade 60 stall garage) internally linked to the apartment building. 4 ® 5 - DEFAULTED MORTGAGES DESCRIPTION - Galtier Plaza. 175 E ast Fifth Street. St. Paul. Milnesota is a mixed use project consisting of approximately 320 apartment units, 110 condominiums, 130,000 square feet retail, 100,000 square feet office and an 800 stall underground parking ramp. Development work began in 1981 when urged by the City of St. Paul to undertake the project to preserve a $5 million UDAG grant that was about to be lost. This was a time of extremely high inflation (12% - 15% in the building trades) and high interest rates (prime at 21% in 1982). In addition to the UDAG, the St. Paul Port Authority provided approximately $40 million of tax exempt bonds (14.5% rate) to build the parking ramp, retail and office. Subsequently, Chemical Bank provided approximately $55 million for the apartments and condominiums. An initial equity of $14 million was secured from limited partners structured under the 15 year accelerated tax write off available to commercial properties. Chemical Bank in 1984 -85 refinanced the Port Authority bonds resulting in lowering the rate from 14.5% to low floating rates of 4% to 5 %. During the spring of 1985, just one month prior to our going back to the equity markets to place the final $16 million tax advantaged equity offer, Senator Robert Packwood (Oregon) announced his plans to author legislation repealing the 15 year write off capability which ultimately led to • the 1986 Tax Reform Act. Packwood's announcement irrevocably eliminated the tax advantaged equity markets and thus became the principal cause of our eventual default, lacking sufficient funds to complete the project. In 1987, we entered into a deed -in -lieu of foreclosure with Chemical Bank. The City of Saint Paul lost the UDAG and $2 million Lowertown Redevelopment grant as a result of the larger and prior secured debts however, the project contributes approximately $2 Million annually in property taxes. Despite this adversity and losses experienced, the city has nevertheless deemed our relationship favorably, recognized by the fact it provided a $2.9 million bond allocation in 1997 for our acquisition and rehabilitation plans of Hampden Square Apartments. We invite you to call Mr. Thomas Sanchez, Development Director for St. Paul - 266 -6617. The Glen. located in Minnetonka.. is a 110 unit, $12 million condominium built in 1982 and financed by First National Bank of Minneapolis that experienced extremely slow sales in a hostile condominium market over seven years. We entered into a work -out arrangement with the bank that required the sponsors to pay $1 million of a $3 million deficit which represented our capacity to pay at that time. Our relationship with First Bank (now U.S. Bank) has been re- instated recently after a six year • hiatus. It was stated to us notwithstanding the bank's losses it recognized our earnest efforts to stay with the project thru the seven years it took to finally sell the condominiums out when most other sponsors they experienced would have long ago simply turn over the keys to the 5 failing project. U.S. Bank is currently considering a $13.5 million bond related tax credit transaction with us. We invite you to call Mr. Paul Bauer, Vice President - 647 -3509. Rivena Phase 11. 6.5 acres. fast Henne Minnea polis. MN. In 1984, we borrowed $2 million from the International Brotherhood of Electrical Workers Local 292 (IBEW) to purchase land in anticipation of building a Riverplace Phase II mixed use project. The project never proceeded due to the same negative market conditions precipitated by the 1986 Tax Reform Act. Not able to perform pursuant to our development contract, we entered into a settlement agreement with the City of Minneapolis that required us to deed over the property to the city in exchange for relinquishment of performance letters of credit it held. The city agreement precipitated the need for a work -out agreement with IBEW that has been timely paid resulting in total pay off on September 30, 1997. For a reference, please call Mr. Glen Wehr, IBEW 292, Financial Advisor - 841 -3950. We have enclosed also for your review the revised Pro Forma reflecting the additional $330,000 rehab work. Hopefully, the foregoing is responsive to your questions and concerns expressed at our meeting permitting the City of Brooklyn Center to support our bond inducement proposal, however; If there are any other questions please do not hesitate to call. Sincerely, • Robe *ii President RJB:lh cc: Mike McCauley, City Manager Encl: 1996 Audit Questionnaire Pro Forma , jxo v s A o m Ar DEVELOPING QUALITY INVESTMENTS IN REAL ESTATE May 5, 1998 Brad Hoffman Community Development Director City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Shingle Creek Tower Tax Exempt Bond Application Fee Dear Brad: Thank you sincerely for accepting a re- application for Housing Revenue Bond financing in behalf of Shingle Creek Tower's acquisition and rehabilitation. Since our March 24th letter we discovered serious masonry problems with conditions causing the exterior brick to spall and crack posing potential hazards from falling brick pieces. We therefore, budgeted an additional $200,000 ($1,530,000 new total rehab) to replace, tuckpoint, vent and seal coat the entire exterior masonry veneer. Also, you will note we slightly reduced rents resulting from a recent market analysis refinement and a desire to stay within 120% of HUD's "Fair Market Rent" determination for the area. This year's state legislature changed the bond allocation procedures from merely a "lottery" to a "priority" scheme biased in favor of affordable rents. We are endeavoring to understand the implications of the changed bond allocation law in order to be most competitive to successfully attain the needed bond authority next January. Most certainly we will keep you advised when the regulatory procedures are defined and finalized. Meanwhile, due to the significantly greater rehab that is required than originally planned, as a result we now qualify for FHA's Substantial Rehabilitation Program that provides 40 years amortization in order to afford the greater amount of rehab required. The revised bond amount requested for inducement is $7.2 million (originally $6,880,000) which is detailed on page 8 of the enclosed FHA Sub Rehab Pro Forma. With respect to the resolution earlier prepared by the Kennedy Graven law firm, except • for the hearing dates and the bond amcunt everything else remains the same. 3005 OTTAWA AVE. • ST. LOUIS PARK, MN 55416 -2206 • PHONE: (612) 922 -3881 • FAX: (612) 922 -3071 • 2 Thank you again for your consideration in accepting this re- application for the City of Brooklyn Center' bond inducement request in behalf of our Shingle Creek Tower acquistion and rehab plans. If you have any questions please do not hesitate to call and also advise us when the City Council will be hearing this request. Yours cordially, BOISCLAIR CORPORATION Robert '. Boisclair President RJH:lh ® encl. Bond Application $5,000 payment FHA Sub Rehab Pro Forma SHINGLE CREEK TOWERS w\ � • �• V L . :a. t . ..:• HUD/F A 22 1 d 4 - Substantial ehab R Taz C ` ( re rt a` ac% Preliminary . �.. =< Loa s' n Anal is _Prepared Isc! r r' air Co o atio Y' p File Name: lwevnnu3u40%std4) Print Date 0544ay.98 Print Time: 02:23 PM Last Date Revised 05- May-98 Fir Assumption§ , ": 40.000/c " ,ti,�.�,• iTax Credit Appicable Fraction Mortgage Amount $6,587,785 +Tax Credit Applicable Percentage 3.58% Interest 5.50% (IEquity from Sale of Credits $0,75 Term (years) 40 Constant (includes .5% M1P) 6.6892% Debt Service $440,673 Cash Flow 48,964 Construction Time (months) 12 Construction Rate 5.500% Building Assumptions # of Units 122 Economic Analvsi Total Monthly % Number of Average Unit 9 Rent/ Net Rent Monthly util Me dian y t dlan Unit Type S . Ft. Sq. Types _ Baths Sq. Ft. Month Net Rent Allowance Income O 77 575 1 BR 1.00 1.03 $595 $45,815 $16 53.67% 45 800 2 SR 1.00 0.90 $720 $32,400 $23 54.37% 122 $78,215 Garages 60 S50.00 $3,000 jAveraqe Rent $641 :.'1998 Area Median Gross Incorr►e Rents Total Potential Rent $938,580 Type`" '< 50.00% ".`' "'.': 60.00 °I° Add: Parking 36,000 1 BR 570 68� Laundry $0 2BR 684 820 Less: Vacancy 7.00% ($68,221) Net Effective Gross Income 906,359 Less: Operating Expenses ($323,450) Real Estate Taxes (93,273) Total Expenses (416,723) NOI Net Operating Income $489 Maximum Available for Debt Service 90.00% $440,673 S Page GLE CR :�,::' EEK TOWERS 2. . H UD/ A 22 d 4: Substantial e a 1 )\ ) wa4i:: eb` D t Se Cost Statement File Name. I - - Print Data 05- May -88 71me: 02:23 PM .ata R."Ised 05- May -88 DEBT SERVIC ............. .,..,,..,... . ........ .:......._.,..,,,,,,.. ESTIMATE >..,..,.,.,.;,.. , ., ,:,....;:. ESTIM ., P ROJECT REPLACEMENT.',,,, <.; .,4,, .va ±, ' ., •.... Administrative Unusual Land lmprov. Advertising $5,000 Cash Required for Acquisition 4,325,000 Management Fee 5.50% 49,850 Total Land Improvements 4.325.000 Other 10,000 Total Administrative 64,850 Structure Main Bldg Rehab Per D/U 11 $12,541 Ii $1,530,000 Operating Accessory Buildings 0 Elevator 8,500 Garages 600,000 Fuel 0 - All Other Buildings 0 Lighting 35,000 Total Structure Per D/U $2,130,000 Water 22,000 General Requirement 3.86% 82,218 Gas 35,000 Bldr. Gen. Overhead 2.24°% 194,145 Garbage 8,500 Bldr. Profit 0.00% 0 Payroll 35,000 Total Contractor Fees 11 $19,72411 $276,363 Other 0 Total Development/ Rehab Cost $2,406,363 Total Operating 144,000 Architect's Fee Design 15,000 Architect's Supervision 15,000 Maintenance SAC/WAC /Permit/Survey 15,000 Decorating 10,000 LOC /Performance Bond 15,000 Repairs 20,500 Total Fees 60,000 Exterminating 2,500 Total All Improvements $2,466,363 Insurance 25,000 Ground Expense 10,000 Total Acquisition + Rehab Per D/U 11 $55,66711 her 10,000 Carrying Charges /Financing (during Rehab): I Maintenance 78,000 Interest rate 5.500% Interest Period 12 Replacement Reserves Per D/U $300 36,600 Loan Amount $6,100,000 Interim Interest 167,750 Total Operatinq Expenses $323,450 - Taxes 93,273 Per Unit Cost 2,651 Insurance 8,500 - HUD /FHA Mtg. Insurance 0.50% 30,500 Taxes HUD /FHA Application Fee 0.30% 18,300 Real Estate Taxes Per D/U $765 $93,273 HUD /FHA Inspection Fee 0.50% 30,500 Workers Comp 0 - Lender Financing Fee 1.50% 91,500 Unemployment 0 Recording 19,154 Other 0 Title $1.75/$1,000 10,675 Total Taxes 93,273 _Total Carrying & Financing Charges $470,152 Total Expenses $41 Legal / Organizational & Audit Per Unit Cost 3,416 _ Legal 12,500 Organizational 0 Income Cost Cert. Audit 12,500 Project Income $938,580 - Total Legal Organizational & Audit 25,000 Occupancy % 93% BSPRA (Builder and Sponsor Profit & Risk Allowance) $728,652 Other Income 33,480 Effective Gross Income 906,359 Consultant Fee 0 Actual Expenses 416,723 Common Area Furn. 0 NET INCOME "'489,637 - _Estimated Total Rehab /Development Cost 3,690,167 Expense Ratio 45.98 % Cash Required for Land Debt/Acquisition 4,325,000 Allowable for Debt Service 440,673 TOTAL DEVELOPMENT COST 8,015,167 Maximum Debt Service Mortgage $6, 587, 785 ;Maximum Replacement Cost Mortgage (TDCx90 %) :: .: '' '.` $7,213,650 Page . CREEK ERS K TOW .0. . e.i y CI SI Cost Statement t. \' r red b 'o I3oisclai File Name: iL � r'`orati r • w . w .....:............ . roewuMiscwoxscaai Print Date 05 -May -98 Last Date Revised 05- May -98 Estimated Total Rehab /Development Cost $3,690,167 Cash Required for Land Debt/Acquisition 4,325,000 Subtotal - Total Development Costs $8,015,167 Less Mortgage Amount (6,587,785) Development / Cash Required $1,427,382 Less BSPRA (728,652) Less Prepaids 0 *HUD 2013 Cash Requirement $698,730 *Other Requirements Working Capital - 2% of Mortgage Amount 2.00% $131,756 Operating Deficit - Based upon Market 100,000 Initial Deposit to Reserves $1,500 183,000 Total HUD Cash Requirements $1,113,486 Estimated Cost of Issuance $124,439 TOTAL CASH REQUIREMENTS $1,237,925 Tax Credit Proceeds $683,080 Cash Required from Buyer (to Buyer) at Closing $554,845 Developers Fee Paid at Closing $0 Cash Required from Buyer (to Buyer) at Closing $554,845 • Page 3 SHINGLE CREEK TOWERS Source and Application of Funds Pre red by: Boisclair Corporation File Name: tvvtvayaCwov.Kdi Print Date OS- 7Aay -88 Print Time: 02:28 PM Last Data Revised 05- May.98 FHA Other SOURCE OF FUNDS: 1st Mtg. Sources Totals First Mortgage Loan Proceeds: $6,587,785 $6,587,785 Tax Credit Proceeds $683,080 $683,080 Owner's Cash Requirement $554,845 $554,845 BSPRA $728,652 $728,652 Deferred Developers Fee $601,342 $601,342 TOTAL SOURCES OFFUNDS $9,155:703': APPLICATION OF FUNDS: Construction Units 1 1221 Rehab (includes Garages) $2,130,000 $2,130,000 Cost of Land Debt/Acquisition $4,325,000 $4,325,000 Total Construction $6,455,000 $6,455.000 Development Costs Architecture Design Fee $15,000 $15,000 General Requirement 82,218 82,218 Development Expenses and Overhead 194,145 194,145 BS P RA $728,652 728,652 Architect's Supervision 15,000 15,000 LOC /Performance Bond 15,000 15,000 SAC &WAC / - Municipal Fees 15,000 15,000 Total Fees $1,065,015 $1,065,015 FHA Financing & Carrying Charges Interim Interest $167,750 $167,750 Taxes 93,273 93,273 Insurance 8,500 8,500 HUD /FHA Mt g. Insurance 9 0.50% 30,500 30,500 • HUD /FHA Application Fee 0.30% 18,300 18,300 HUD /FHA Inspection Fee 0.50% 30,500 30,500 Lender Financing ee 1.50% 1 9 9 ,500 91,500 Recording 19,154 19,154 Title 10,675 10,675 Legal 12,500 12,500 Cost Certification/Audit 12,500 12,500 Total Financing and Carrying Charges $495,152 $495,152 Cost of Issuance Issuer Application Fee $5,000 $5,000 Issuer /HRA Servicing Fee 0.50% $32,939 $32,939 Tax Credit Application Fee $2,000 $2,000 Tax Credit Reservation /Carryover Fee $3,500 $3,500 Tax Credit Final Allocation $2,000 $2,000 Bond Counsel $25,000 $25,000 Underwriters Counsel $15,000 $15,000 Trustee $5,000 $5,000 Printing $6,500 $6,500 Piper Jaffray Interest & Misc $5,000 $5,000 Partner Legal (Tax Credit) $15,000 $15,000 Tax Advice $7,500 $7,500 Estimated Cost of Issuance $124,439 $124,439 RECAP - USES OF FUNDS HUD 2013 - Estimated TDC /Rehab $3,690,167 Cash Required for Land Debt/Acquisition $4,325,000 Estimated Cost of Issuance $124,439 Initial Deposit to Reserves $183,000 Working Capital Reserve $131,756 Operating Deficit Reserve $100,000 Developers Fee $601,342 TOTAL USES OF FUNDS $9,155,703 Page 4 , File Name: r./VEV/LAA1SC/40%ud4) Print Date 05-ma Print Time: 02:23 PM Last Date Revised 05-Ma ' Year Year Year Year Year Year Year Year Year Year 10 , Revenue Growth , ' '�'��` �,� 3Y6�� 1989 2000 2001 2002 2003 2004 2005 2006 2007 3008 Gross Rental Revenue $938.580 906.737 895.740 1.025.612 1.056.380 1.088.071 1.120.714 1.154.335 1.188.966 1.224.634 Less: Vacancy 5% ( ( (49.787) ( (52.819) ( ( (57.717) ( (61232) Add: Other Income 30.000 37,080 38.192 38.338 48.518 41.734 42 44.275 45.604 4G Gross Rental Collection 927.651 955.481 984,145 1.013.689 1.044.079 1.075.402 1.107.864 1.140.894 1.175.121 1.210.374 Op 'red|ngExpunomn Grovth����3W Operating Expenses 323.450 333.153 343.148 353 364.046 374.967 386,216 387.802 409 422.029 Real Estate Taxes 93.273 90.071 98.953 101.922 104.980 108.129 111.373 114.714 118 121.700 � Total Operating Expenses 418.723 428.224 442.181 455.304 469.025 483.090 497.589 512.516 527 543.729 Net Operating Income 510�28 526 542 558 '592.306 610.075�L�628.'377"" 647.229' 808645' Debt Service First Mortgage (440.573) (440\073) <440.673> (440,073) (4 (440.673) (440.673) (440,073) (440,673) (440\673) � Developers Fee (73.180) (73.190) (73.190) (7 (73.190) (73.180) ( (73180) (73.180) (73.190) Pr�ecbedCash Flow (2.935) ' ' - 28.180 �'44�42 ��'���n�'1U1���'`�78442�x��08�12�'��14.514��fi�l3GS`�'��1��782� Add: pnnopm 78.345 82,054 87,200 91.996 97,055 102,394 108,025 113.807 120,235 126,848 � Deduct: Depreciation (228.179) (22 ( ( (363.367) (383.387) (251.633) (251.533) (251.533) (251533) CunentYear Unused Dopreoiot�m ( (134.132) (24 (22 (205120) ( (47.207) (2 O ' U Prior Year(s) Unused Depreciation U (15 (2 ( (762. ( � Current Year Offset oy Prior Unused Depreciation O O 0 0 U U O U 2 28 � Tax Liab 39.50% *O *O $O $O $U $U *U $O $U $O After Tax Cash Fkow ' ($2.035) '$1�.303�����$2818O '$ Page 5 , 'Prep B n*w"m' (Lmam�1S"140°�d4) --'------- ^~—~ Print Date 05-Ma Print Time- 02:23 PM Last Date Revised 05-m"*8 '�Revenue'�,omdh�' '' .` '� �,i� ��� 20 09 2010 Year Year Year 15 Gross Rental Revenue 1 1.298.214 1.338 1.378.336 1.419.086 Less: Vacancy 5% ( ( ( ( ( Add: Other Income 48.381 48.832 51.327 52.887 54.453 Gross Rental Collection 086 1 287 1.403.155 Opmmdivg Expense 'Growth ` ' ` ' �� '�; ��3Y&� Operating Expenses 434.089 447,730 461.162 474.087 489,247 Real Estate Taxes 125351 129 132.985 130.975 141.084 Total OperubnOExpenses �����B 2 594.147 611.971 830.331 Net Operating Income 686.645 707,244 728.461 750,31 Debt Service - First � --- rs n gaUe (440. (440.573) (440.573) ( ( Developers Fee (73.190) ( (73.190} (73.180) (114.827) Projected Cash Flow $173.781 $193,381 !$214'.598', $230.452 $217.525� AFTERYWCASHTl3jVV /td --| 133.824 141.185 148.950 157.142 105.785 Deduct: Depreciation uc�. uepramaoon (251.583) (251.533) (251.533) (251.533) (251.533) Current Year Unused Depreciation O D O 0 8 � � Prior Yrar(u) Unused Depreciation ( (1.052.551) (940537) (798470) Current Year Offset m{ Prior Unused Depreciation 55,072 83.032 112.014 142,000 131.776 Tax Liability %U $0 $0 $0 $U After Tax Cash Flow $172.781' / *193.'381`���214�Q����238.452 /$31l525: Page 6 � � _SHINGLE CREEK TOWERS Mortgage Schedule r Prepared by: Boisclair Corporation M ` File Name: (LJOEV/UMISG40 %*04) Print Date 05- May-98 O print Time: 02:23 PM L3st Date Revised 05- May-98 Scheduled Mortgage Amount $6,587,7851 Interest Rate - Taxable 5.50% Constant - Taxable (includes .5% MIP) 6.6892% Term 40 Annual Principal & Interest $440,673 1 Mortgage Loan YEAR Amount Interest Principal Balance 1 $6,587,785 $362,328 $78,345 $6,509,440 2 6,509,440 $358,019 $82,654 6,426,786 3 6,426,786 $353,473 $87,200 6,339,587 4 6,339,587 $348,677 $91,996 6,247,591 • 5 6,247,591 $343,618 $97,055 6,150,536 6 6,150,536 $338,279 $102,394 6,048,142 7 6,048,142 $332,648 $108,025 5,940,117 8 5,940,117 $326,706 $113,967 5,826,150 9 5,826,150 $320,438 $120,235 5,705,916 10 5,705,916 $313,825 $126,848 5,579,068 11 5,579,068 $306,849 $133,824 5,445,244 12 5,445,244 $299,488 $141,185 5,304,059 13 5,304,059 $291,723 $148,950 5,155,109 14 5,155,109 $283,531 $157,142 4,997,968 15 4,997,968 $274,888 $165,785 4,832,183 • Page 7 x. '8HI LEC REEK TOWEA ee Note D6velot)e rs.F Pre a�qd_by: Boisclair,Corporatjon File Name: (U0EV111M15C140%scd4) Print Date 05-May38 Last Date Revised 05-May-98 Developers Fee $601,342 Developers Fee-Paid at Closing $0 Deferred Developers Fee $601,342 Interest Rate 9.00% Term 15 Debt Service Constant 12.1712% Principal & Interest $73,190 Year Interest Principal Balance Accelerated 1 $601,342 $54,121 $19,070 $582,272 2 $582,272 $52,404 $20,786 $561,486 3 $561,486 $50,534 $22,657 $538,829 4 $538,829 $48,495 $24,696 $514,133 5 $514,133 $46,272 $26,918 $487,215 6 $487,215 $43,849 $29,341 $457,874 7 $457,874 $41,209 $31,982 $425,892 8 $425,892 $38,330 $34,860 $391,032 9 $391,032 $35,193 $37,998 $353,034 10 $353,034 $31,773 $41,417 $311,616 11 $311,616 $28,045 $45,145 $266,471 12 $266,471 $23,982 $49,208 $217,263 13 $217,263 $19,554 $53,637 $163,627 14 $163,627 $14,726 $58,464 $105,162 15 $105,162 $9,465 $105,162 $0 7ax Exempt Bond Allocation Bond Priority & Characterization Bond Use First Mortgage $6,587,785 Acquisition Developer's Fee $601,342 Developers Fee .. $7,189,127 • Page E CREEK TOWERS Rehab FRequirement - Tax Credit Calculation - Developers Fee _._...........,.,.... '...., ...:.: Prepared by:,, Boisclair Corporation File Name: (UDEvAJkV 44%__1) Print Date 05- May -98 Last Date Revised 05- May -98 Rehab Requirement First Mortgage` $6,587,785 Less: Land Per D/U $3,500 ($427,000) $6,160,785 BOND Rehab Requirement 15.00% $924,118 TAX CREDIT Rehab Requirement - $5,000 Per D/U $610,000 or Adjusted Basis $3,898,000 10% of Adjusted Basis $389,800 Proposed Rehab '.'$1530,000 `:,,...,.,...,Tax Credit Calculation Purchase Price $4,325,000 Less: Land $3,500 ($427,000) $3,898,000 Add: Acquisition $330,808 Rehab Costs $1,530,000 Developers Fee $601,342 Eligible Basis $6,360,149 Applicable Fraction 40.00% Qualified Basis $2,544,060 Credit - Applicable Percentage 3.58% $91,077 Equity from Sale of Credits $0.75 $683,080 __.. _...,.._.:..Developers Fee Calculation Purchase Price $4,325,000 Rehab Requirement $1,530,000 Financing Costs - Bond & Credit $330,808 Eligible Basis $6,185,808 Qualified Basis 100.00% $6,185,808 Qualifying Basis Step One: Divide Qualifying Basis by # of units * 30 units * 15% $228,165 Step One: Divide Qualifying Basis by # of units * 56 units * 8% $373,177 Developers Fee $601,342 Contractor's Profit Contractor's Profit 6.00% $91,800 Contractor's Overhead 1.00% $15,300 General Requirement 6.00% $91,800 • Total $198,900 Developer as Contractor Fee cannot exceed 20% 12.94% Page: H 1N LE CREEK S G R K TO WERS :> n LIHTC Eligible Basis Reconcilatio , 4...:..:..., .... Prepared by: Boisclair Corporation Column A Column B Column C Depreciable Amortized Other Existing Structure $3,898,000 Developers Fee $601,342 Eligible Rehab $1,530,000 Project Reserves $231,756 Taxes $93,273 Initial Deposit to Reserves $183,000 Insurance $8,500 HUD /FHA Mtg. Insurance $30,500 HUD /FHA Application Fee $18,300 HUD /FHA Inspection Fee $30,500 Lender Financing Fee $91,500 Recording $9,577 $9,577 Title $10,675 Legal $12,500 Cost Certification /Audit $12,500 Architecture Design Fee $15,000 General Requirement $82,218 Development Overhead $194,145 BSPRA $728,652 O Architect's Supervision $15,000 SAC&WAC/ - Municipal Fees $15,000 LOC /Performance Bond $15,000 Cost of Issuance $124,439 Interim Interest $167,750 Land $427,000 Ineligible Rehab $600,000 $6,651,512 $464,016 $2,040,175 TOTAL USES $9,155,703 FOOTNOTE 1) Column A represents Depreciable transaction costs or Eligible Basis. 2) Transaction costs in Column B are amortized over the life of the bonds. 3) Transaction costs, relating to the rehab will be amortized ovder the life of the construction period. 0 Page 1C City Council Agenda Item No. 9c April 27, 1998 • • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Charlie Hansen, Finance Director C N DATE: May 5, 1998 SUBJECT: Resolution Authorizing the Purchase of the Land at 6717 / 6737 Humboldt Avenue North by the Capital Improvements Fund from the Economic Development Authority Fund for Use as the Site of the Police Station In 1993, the Economic Development Authority (EDA) undertook the acquisition and demolition of blighted apartment buildings on five parcels of land on Humboldt Avenue North. This was accomplished at a cost to the EDA of $356,040.35. The land has been held by the EDA awaiting a suitable development. • Last fall, the City Council selected this site to be the location of the new Police Station. It is now necessary for the Capital Improvements Fund to purchase the land from the EDA in order for construction to proceed. The EDA was previously reimbursed for some of its costs for the purchase of the 6717 / 6721 Humboldt land and buildings from Community Development Block Grant (CDBG) funds. It will be necessary for the EDA to repay those CDBG funds to Hennepin County to the extent that they reflect the fair market value of the land. Steve Baker, City Assessor, estimates the fair market value to be $67,500 on the 6717 / 6721 Humboldt parcel. The repaid funds will be added to the City's current year allotment of CDBG funds and will be available to reimburse the City for other eligible projects. its adoption: Member introduced the following o m resolution and moved g RESOLUTION NO. RESOLUTION AUTHORIZING THE PURCHASE OF THE LAND AT 6717 / 6737 HUMBOLDT AVENUE NORTH BY THE CAPITAL IMPROVEMENTS FUND FROM THE ECONOMIC DEVELOPMENT AUTHORITY FUND FOR USE AS THE SITE OF THE POI ,TCE STATION WHEREAS, Section 7.11 of the City Charter provides the City Council with full authority to make transfers between all funds which may be created, provided that such transfers are not inconsistent with the provisions of related covenants, the provisions of the City Charter, or State Statutes; and WHEREAS, the Economic Development Authority acquired five parcels of land on Humboldt Avenue North for the purpose of removing blighted properties; and WHEREAS, the cost of these acquisitions and building demolitions totaled $356,040.35; and WHEREAS, this site has been selected for the construction of the new Police Station. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Capital Improvements Fund shall purchase the land at 6717 through 6737 Humboldt Avenue from the Economic Development Authority for the amount of $356,040.35. 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. 9d April 27, 1998 • 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 J"AZ� DATE: May 7, 1998 SUBJECT: Pawnshop Ordinance Amendment As recommended by the Police Department, I have made the following changes to the City Attorney's draft of the pawnshop ordinance: Section 23 -602 Remove number 17, Sales of sporting goods, and number 20, Sales of musical instruments. Section 23 -613 Add language to letter b, day care center. Section 23 -618 Add language to letter a, owner applied number. Add language to letter g, language in parentheses. Section 23 -619 Modify section title from Daily Reports to Daily Reports and Exemptions. Modify language. Section 23 -621 Add language, as a pawn or loan transaction. Section 23 -622 Change language in letter j(1) from 120 days to 90 days. Section 23 -623 Add amendment which changes 72 hours to 14 days. Section 23 -628 Change 120 days to 90 days. 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 Notice is hereby given that a public hearing will be held on the 8th day of June, 1998, at 7 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 23 regarding the regulation of pawnshops and secondhand goods dealers. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the City Clerk at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 23 OF THE BROOKLYN CENTER CODE OF ORDINANCES, RELATING TO THE REGULATION OF PAWNSHOPS AND SECONDHAND GOODS DEALERS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 23 -601 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: • Section 23 -601. DEFINITIONS. For the purpose of Sections 23 -601 through 23- 633, the terms defined in this section have the meanings given them. 1. Pawnbroker means a person who loans money on deposit or pledge of personal property, or other valuable thing, or who deals in the purchasing of personal property or other valuable thing on condition of selling the same back again at a stipulated price, or who loans money secured by chattel mortgage on personal property, taking possession of the property or any part so mortgaged. 2. Secondhand Goods Dealer means a person whose regular business includes selling or receiving tangible personal property (excluding motor vehicles) previously used, rented, owned or leased. 3. Consign House De aler means a person whose regular business includes receiving. but not purchasing. tangible nronertv with the intention to sell the t)ronerty and divide the proceeds with the owner. Section 2. Section 23 -602 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 23 -602. EXEMPTIONS. Sections 23 -601 through 23 -633 shall not apply to or include the following. • ORDINANCE NO. 1. The sale of secondhand goods where all of the following are present. a. The sale is held on property occupied as a dwelling by the seller or owned, rented or leased by a charitable or political organization; b. The items offered for sale are owned by the occupant; C. That no sale exceeds a sale of 72 consecutive hours; d. That no more than four (4) sales are held in any 12 -month period; e. That none of the items offered for sale shall have been purchased for resale or received on consignment for the purpose of resale. 2. The sale of goods at an auction held by an auctioneer. 3. The business of buying or selling only those secondhand goods taken as part or full payment for new goods and where such business is incident to and not the primary business of a person. 4. A bulk sale of property from a merchant, manufacturer or wholesaler having an established place of business or goods sold at open sale from bankrupt stock. 5. Goods sold at an exhibition, providing the exhibition does not last longer than ten days in any twelve month period. 6. Sales by a licensed automobile dealer. unless the motor vehicle is taken in a Dawn transaction. 7. Firearms, including antique firearms, sold by firearms dealers holding current valid federal firearms dealer licenses permitting them to deal in such sales. 8. Sales made by the sheriff or other public officials in the discharge of their official duties. 9. Sales made by assignees or receivers appointed in this state to make sales for the benefit of creditors. 10. Sales at puhli.c markets such as a flea market. 11. Sales of furniture. excludin g electronic devices. ORDINANCE NO. 12. Sales of clothing provided no new clothing is sold (other than clothing purchased from commercial wholesalers for resale at retail). 13. Sales of recvcled motor oil. 14. Sales by charitable organizations selling donated goods. 15. Sales of bona fide antiques or collectibles. 16. Sales of used books and magazines. IT Resale of merchandise returned to the seller after an initial sale by the seller. 18. Sales of used toys. Section 3. Section 23 -613 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 23 -613. 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. or church; C. Where operation of a licensed premise would violate zoning ordinances et; 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 - e. Established as a nawnshon after April 2. 1996. which is within ten (10) driving miles of anv gambling casino. Section 4. Section 23 -618 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 23 -618. RECORDS. A licensed secondhand goods dealer and pawnbroker, ORDINANCE NO. at the time of receipt of an item, must immediately record, in ink or other indelible medium, in the English language, in a book or word processing unit, the following information: a. An A complete and accurate description of the item including, but not limited to, any trademark, identification number, serial number, owner annlied number. model number, brand name and/or other identifying mark(s) on such item; b. The purchase price; C. Date, time and place of receipt; d. Name, residence address, residence phone number and date of birth and a description includiniz sex. race. and approximate heiiaht of the person from whom the item was received; e. The identification number from any of the following forms of identification of the seller; . 1. Valid picture driver's license; 2. Official state photo identification, passport or military I.D. f. The books, as well as the goods received, must be open for inspection by the police department during business hours. The records required by this subsection must be stored and maintained by the licensee for a period of at least three (3) years. g. A secondhand goods dealer (excluding consignment house dealers and dealers in computer cartridges. portable video names, and compact discs or similar sound or video recordines) or pawnbroker must, at the completion of any transaction, make a photographic record of the seller, the identification used, and the transaction receipt using a split image photographic device. A video record of the seller, the identification used, and the transaction receipt may be used in place of a photographic record, provided the video recording device produces a clear image of at least five (5) seconds in duration. All ID's and receipts must be legible when printed and must bear the date of the transaction. The exposed film or video tape used to record these transactions must be retained for a minimum of one year after the date of the last transaction recorded. It must be turned over to an authorized Peace Officer, . upon demand, at any time during the retention period. ORDINANCE NO. • h. If a pawn transaction. the amount due and maturity date. and monthly and annual interest rate. including all Pawn fees and charges. Section 5. Section 23 -619 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 23 -619. DAILY REPORTS AND EXEMPTIONS. For the items, regardless of resale p r.. - c, fi seeondhand goods de alcr &r p ^__,_.1,._...1.,...... A4 ivki, f�ac viri�Trin3 approved by the poli c dcp , wt4 send daily by mail or eottrier to t1te poliee deparftnent, l: gilf�c de scrip ' iv icy, wi t h e t:_.,.,...,.,.,.i - ic inaiN fee rrwho tic goo &3 erc a. I tems with a s....:.. nunabcr, or o$hcr per or iteftts-f cni v.hi;,h nnbol hu3 b:, n, , removed, a4tered or ob literated - , b. l3 3i vi , fl. I el,ya3 jE'3deiiy$r7ge f11}Ceei$tY3 - 1�' C. Artist signed or artist aftribttted works of fft; f. C , g I `ems not itte4 ' - d iii the a ovc, exc,-pt4urn+tu and- k�n 3r lzm ftdry applianee3, whicli t &nd gag.. fo - 1nvrc tl-=42.0 A computerized record of all transactions (except transactions of consignment house dealers and dealers in computer cartridges. portable video games. and compact discs or similar sound or video recordings) must be submitted to the Police department on a daily basis. The computerized records must be compatible with the computer system used by the Brooklyn Center Police Department. All items received must be reported on the computer system. The report shall include all information required under Section 23 -618. Section 6. Section 23 -620 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: • Section 23 -620. STOLEN GOODS AND IDENTIFICATION MARKINGS. A ® ORDINANCE NO. licensed pawnbroker or secondhand goods dealer must report to the police any article pledged or received, or sought to be pledged or received, if the licensee has reason to believe that the article was stolen or lost. A licensed pawnbroker or secondhand goods dealer may not receive items from which a serial number. or other personal identification number or symbol has been. or may have been. removed. altered. or obliterated. Section 7. Section 23 -621 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 23 -621. HOLDING. An item received by a 3c-co -n lh pawnbroker as a pawn or loan transaction may not be sold or otherwise transferred for a period of 4-2120 days after the date of sttelrrepe tc thz PG.i:,e receipt However, an individual may redeem an item pawned 72 hours after the item was received on deposit, excluding Sundays and legal holidays. An item received by a secondhand goods dealer for which a daily to the police department is reai.zired by Section 23 -619 may not be sold for a period of 30 days after receipt. Firearms acquired by a secondhand goods dealer may be sold for a period of 90 days after receipt. Section 8. Section 23 -622 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 23 -622. RECEIPT. A licensed secondhand goods dealer or pawnbroker must provide a receipt to the seller or consignor of any item which includes: a. The full name. residence address. residence telephone number. and date of birth of the pledger or seller. ab. The address and telephone number of the business; bc. The date and time of pawn or purchase transaction. ed. A complete and accurate description of the items purchased including_ model and serial number if indicated on the propertv: de. The purchaser's or consignee's signature. f. The identification number. state of issue and tv_ pe of identification provided by the pledgor or seller. g, A description of the pledger including approximate height. sex and race. h. The amount paid or advanced. ORDINANCE NO. i. In the case of pawn transactions. the maturity date and amount due and the monthly and annual interest rates, including all pawn fees and charges. j. In addition. in the case of pawn transactions, the following statements shall be nrinted on the receipt: L "Anv personal propertv pledged to a pawnbroker within this state is subject to sale or disposal when there has been no payment made on the account for a period of not less than 90 days past the date of the pawn transaction. renewal, or extension, no further notice is necessarv. There is no obligation for the Dledeor to redeem pledged goods." 2. "The pledeor of this item attests that it is not stolen, it has no liens or encumbrances against it. and the pledeor has the right to sell or pawn the item." • 3. "This item is redeemable onlv by the pledeor to whom the receipt was issued, or anv person identified in a written and notarized authorization to redeem the propertv identified in the receipt. or a person identified in writing by the pledeor at the time of the initial transaction and signed by the pledeor. Written authorization for release of pronerty to persons other than the original pledeor must be maintained alone with the original transaction record." Section 9. Chapter 23 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 23 -623. POLICE ORDERS. If a city police officer or other law enforcement officer notifies a dealer not to sell an item, the item may not be sold or removed from the licensed premise until authorized to be released by the police, or court order. Said notification, if verbal, should be followed by a written order within pours 14 days setting forth the item to be held and the reasons therefore. Section 10. Chapter 23 of the City Ordinances of the City of Brooklyn Center is hereby amended by adding new Section 23- 624.01 as follows: Section 23- 624.01. MOTOR VEHICLE TITLE PAWN TRANSACTIONS. Subdivision 1. In addition to the other reauirements of this section, a _pawnbroker who holds a title to a motor veh,icl,e as part of a pawn transaction shall: • ORDINANCE NO. a. be licensed as a motor vehicle dealer under Minnesota Statutes_ section 168.27. and post such license on the pawnshop premises:, b. verifv that there are no liens or encumbrances against the motor vehicle with the department of public safety: C. verifv that the pledgor has automobile insurance on the motor vehicle as reauired by law. Section 11. Section 23 -626 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 23 -626. PROHIBITED ACTS AND SIGNAGE. Subdivision 1. Minors: A minor may not sell or consign, or attempt to sell or consign, goods with a secondhand goods dealer or pawnbroker. A secondhand goods dealer or pawnbroker may not receive goods from a minor. Subdivision 2. Others: A secondhand goods dealer or pawnbroker may not receive any goods from a person of unsound mind or an intoxicated person. Subdivision 3. Identification: A secondhand goods dealer or pawnbroker may not receive goods, unless the seller presents identification in the form of a valid picture driver's license or official state photo identification, United States passport or military I.D. Subdivision 4, Ownership: No person may_ pawn. sell, or deposit any article of property that is not their own. Subdivision 5. State Statutes: In the case of Dawn transactions. violation of Minnesota Statutes. Chapter 325J is a violation of this section. Subdivision 6. Signaae: A sign must be conspicuously Dosted on each licensed Dremises that is not less than four feet square in surface area. comprised of lettering not less than 3/4" high stating the following: To Dawn or sell DroDertv: A. You must be at least 18 vears of age. B. You must be the true owner of the DroDertv. C. The Dronertv must be free of all claims and liens. . ORDINANCE NO. D. You must present valid photo identification. E. Violation of anv of these requirements is a crime. Section 12. Section 23 -628 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 23 -628. REDEMPTION. A person who pawns an item shall have at least 4-29 90 days to redeem the item before it may be sold. Redemption and effect of nonredemn_ tion shall otherwise be governed by Minnesota Statutes Chapter 325J. Section 13. Section 23 -629 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 23 -629. PAYMENTS BY CHECK. When a seeotidhancl goods dealer or pawnbroker makes payment for an item pledged or received at the license place of business, payment must be made by check, made payable to the named payee, who is actually the intended seller. When a secondhand goods dealer makes payment in an amount greater than one hundred dollars 01001 for an item or items received from a single seller at the licensed place of business pavment must be made by check. pavahle to the named payee. who is actually the intended seller. Section 14. Section 23 -630 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 23 -630. INSPECTIONS. Any peace officer or a properly designated employee of the city or the state of Minnesota may enterer and search business premises licensed under this section, or offsite storage facilities of the licensee. during normal business hours, without a warrant for the purpose of inspecting such premises and the records and articles therein. Section 15. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 1998. p Y Mayor • ATTEST: City Clerk ORDINANCE NO. • Date of Publication Effective Date (Strikeout indicates matter to be deleted, underline indicates new matter.) I City Council Agenda Item No. 9e April 27, 1998 GA -RSON A� D GLELLA' ATTOBNEYS AT LAW PROFESSIONAL LIMITED LIABILITY PARTNERSHIP JEFFREY A. CARSON 6300 SHINGLE CREEK PARKWAY, SUITE 305 TELEPHONE WILLIAM G. CLELLAND (612) 561 -2800 ELLEN M. SCHREDER MINNEAPOLIS, MINNESOTA 55430-2190 FAX ANN L. HARBINSON (612) 561 -1943 24 April 1998 Mr. Michael J. McCauley City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 RE: David Wright Berg 6842 West River Road Dear Mike: Although you are giving David Berg more time to comply, I would like to have a fresh Resolution and proposed Order before the Council for its meeting on the 11th day of May, 1998, so that the . Council can go forward with the Resolution and you can sign the Order pursuant thereto. I have amended the Order to provide that if Berg and his wife abate the nuisances and hazardous conditions according to a schedule, set forth in writing, by which they agree to abide, then the City will never enforce this Order. The amendment also provides that should they fail to adhere to that schedule, the City then may serve the Order upon them, they would have 30 days therefrom to abate the nuisances and hazardous conditions or file an Answer thereto or we would immediately apply for enforcement of the Order in the District Court. I will be asking Dave Fisher to come to a written agreement with Berg setting forth a reasonable period of time overall for total compliance and requiring him to achieve compliance on a weekly basis starting with those items which can be addressed first, such as the mere removal of junk, debris and the like, and graduating to more expensive and difficult projects like the roof and fascia. I have drafted the outline for Dave Fisher so he and Berg can merely fill in the blanks indicating what work must be accomplished by what date. I will still invite Berg to the City Council meeting if he wishes to attend, notwithstanding this agreement, because allowing • 24 April 1998 Page 2 a hearing is a condition precedent to enforcement and I want to make sure that this Resolution and Order is fully enforceable in the event of noncompliance. Sincerely, CARSON AND CLELLAND William G. Clelland WGC:gn Enclosure Member introduced the following resolution and moved • its adoption: RESOLUTION NO. RESOLUTION ORDERING THE CORRECTION OF HAZARDOUS CONDITIONS AND FURTHER FOR THE ABATEMENT OF PUBLIC NUISANCES, SAFETY AND HEALTH HAZARDS AND OTHER ORDINANCE AND STATUTORY VIOLATIONS WITH RESPECT TO THAT REAL ESTATE LOCATED AT 6842 WEST RIVER ROAD, BROOKLYN CENTER, MINNESOTA 55430 LEGALLY DESCRIBED AS LOT 2, "AUDITOR'S SUBDIVISION NUMBER 310, HENNEPIN COUNTY, MINNESOTA" EXCEPT THAT PART DESCRIBED AS: THE SOUTH 200 FEET OF LOT 2 "AUDITOR'S SUBDIVISION NUMBER 310, HENNEPIN COUNTY, MINNESOTA ", LYING EASTERLY OF THE 50 FEET ROAD RUNNING THROUGH SAID LOT 2, THE CENTER LINE OF SAID ROAD BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID LOT 2, A DISTANCE OF 362 FEET EAST OF THE SOUTHWEST CORNER OF SAID LOT 2 AS MEASURED ALONG SAID SOUTH LINE; THENCE NORTHERLY TO A POINT ON THE NORTH LINE OF SAID LOT 2, SAID POINT BEING A DISTANCE OF 387 FEET EAST OF THE NORTHWEST CORNER OF SAID LOT 2, AS MEASURED ALONG SAID NORTH LINE, IN THE CITY OF BROOKLYN CENTER, HENNEPIN COUNTY, MINNESOTA • WHEREAS, Minnesota Statues §463.15 et seq defines a hazardous building or hazardous property as any building or property which because of inadequate maintenance, dilapidation, physical damage, unsanitary condition or abandonment constitutes a fire hazard or hazard to the public safety or health; and WHEREAS, Brooklyn Center City Ordinances Chapter 19 -103 specifically defines as nuisances and prohibits the same, the presence on any real property of any accumulation of rubbish, garbage, junk, disused furniture, appliances, equipment, junk motor vehicles, building materials, scrap lumber and construction debris, and the like; and WHEREAS, the correction of hazardous conditions and the abatement of public nuisances is necessary to protect the health, safety and welfare of the public by elimination of dangerous conditions, attractive nuisances and for the elimination of harborage for vermin, rats and other animals who may pose a danger to the public safety and health and to provide for the proper storage of refuse and garbage, debris and junk thereby providing for more sanitary and safe conditions and to further protect the integrity and desirability of neighborhoods by prohibiting the storage of junk and other refuse in residential areas; and WHEREAS, City Inspectors have inspected the above - described premises in August, September, October and December, 1997, and found that the single - family home thereon is in poor condition, suffering from rotting and missing fascia, that the roof is dilapidated, not watertight and • needs replacement and/or repair and that the inspection by City officials has further found numerous statutory and ordinance violations on said property including the storage of great quantities of RESOLUTION NO. • building materials, sera lumber, broken windows, auto arts tires fencing materials cons p � p g traction equipment, including a small tractor, cement mixer, construction trailer and the like, numerous and unusable snowmobiles, boats, motorcycles, and trailers, appliances, sinks, and related accessories, more than 13 broken and disabled lawnmowers and the presence of four junk motor vehicles to wit: one Dodge motor vehicle, Minnesota registration 364 EVJ, one Dodge Colt motor vehicle, Minnesota registration AGG 727, one Mitsubishi motor vehicle, Minnesota registration 246 JXY, and one unidentified silver motor vehicle, Minnesota registration 246 DVY, all of which are in a disabled condition and none of which has any current registration, and numerous accessory buildings in violation of City Ordinances; and WHEREAS, the City Council adopts the findings of the Housing Inspectors as to the hazardous conditions on said property and the dilapidation to the single family home thereon; and WHEREAS, the owners of record of said real property are David W. Berg and Gwendyne C. Berg, husband and wife; and WHEREAS, Q RE said roe is encumbered b a mortga e dated �8 December 1 property rty y b 98 7 g in favor of First Northtown National Bank; and WHEREAS, David and Gwendyne Berg were previously served with Compliance • Orders from the City of Brooklyn Center requiring abatement of all of the nuisances and hazardous conditions recited herein; and WHEREAS, David W. Berg and Gwendyne C. Berg have failed and refused to comply with said Compliance Orders. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that: 1. The City Council finds that the single - family dwelling at 6842 West River Road, Brooklyn Center, Minnesota 55430 is a hazardous building because of inadequate maintenance, dilapidation, physical damage, and the like. 2. The City Council finds that the condition of the premises at 6842 West River Road, Brooklyn Center, Minnesota 55430 constitutes a hazardous property and a public nuisance within the meaning of Minnesota Statutes §463 and Brooklyn Center Ordinances Chapters 19 and 12 due to the presence of the storage of great quantities of building materials, scrap lumber, broken windows, auto parts, tires, fencing materials, construction equipment, including a small tractor, cement mixer, construction trailer and the like, numerous and unusable snowmobiles, boats, motorcycles, and trailers, appliances sinks, and related accessories, more S than 13 broken and disabled lawnmowers and the presence of four junk motor vehicles to wit: one Dodge motor vehicle, Minnesota registration 364 EVJ, one RESOLUTION NO. • Dodge Colt motor vehicle, Minnesota registration AGG 727, one Mitsubishi motor vehicle, Minnesota registration 246 JXY, and one unidentified silver motor vehicle, Minnesota registration 246 DVY, all of which are in a disabled condition and none of which has any current registration. 3. The City finds that there is present at said property more than two accessory structures which violates the provisions of Chapter 35 of the City Ordinances, and that the size of the accessory structures is greater than permitted by Chapter 35 of said Ordinances, and that the accessory structures in violation of the City Ordinances must be removed. 4. The repair to the roof and fascia of said single family dwelling and the abatement of nuisances thereon by removal of all of the debris, junk, motor vehicles, construction equipment and the like, recited herein, is hereby ordered by the City Council of the City of Brooklyn Center as follows: a. Repair of the missing fascia and replacement of the rotting fascia in a good and workmanlike manner such that the exterior of the home shall comply with the provisions of Chapter 12 of the City Ordinances. b. Replacement and/or repair of the roof of said dwelling such that said roof shall be watertight, in sound condition and afford protection against the intrusion of water and dampness as required by Chapter 12 of the City Ordinances. C. The removal of all accessory buildings such that there shall not be more than two accessory buildings on said premises and that the buildings shall conform to Chapters 35 -310 and 35 -530 of the City Ordinances. d. The removal of all junk motor vehicles, construction equipment trailers, scrap lumber, construction materials, auto parts, tires, lawnmowers, trailers, boats, garbage, refuse, debris and the like, as recited herein. The City Manager is hereby authorized to cause and carry out the abatement described herein and to perform all other tasks and functions reasonably incident thereto and to keep an accurate record of the cost of all actions and proceedings herein, including administrative time, attorney's fees, costs and disbursements, and all other costs of the enforcement of this Order, and to send a statement of such costs to the landowners and occupants who are directed herewith to pay the same. • RESOLUTION NO. s 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. 9f April 27, 1998 • 1 MEMORANDUM DATE: May 6, 1998 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer`10 SUBJECT: Final Plat Approval - HOLIDAY BROOKLYN CENTER ADDITION On October 22, 1997, the City Council approved Planning Commission Application Nos. 97010, 97011, and 97012, providing for platting of property to accommodate the construction of a new Holiday Service Station, along with relocation of the existing dental clinic facility. As you may recall, this particular item was discussed and tabled at the April 27, 1998 City Council meeting. Staff had recommended delaying approval of the final plat because essential conditions required for approval had not yet been made by the applicant, specifically the execution of Subdivision and Utility and Maintenance Agreements. Staff has since met with Holiday officials regarding completion of these items, and have mutually worked out terms of ` the agreements accordingly. At the time of this writing, the applicant was in the process of executing the two agreements. We expect to receive them within the next few days. The applicant has submitted the appropriate application and fee. Cross access agreements between the proposed Holiday Station and relocated dental clinic have also been submitted. Although a copy of the final plat has been submitted, reproducible mylars must also still be provided for signatures by the City. Approval of the final plat is subject to any remaining conditions previously established as part of the preliminary plat approval, including the following: • Execution of a Subdivision Agreement, which includes Holiday's responsibility for the cost of constructing the necessary median/roadway improvement to accommodate Holiday's development of the site. • Execution of a Utility and Maintenance Agreement. • Any other remaining conditions of the City, Hennepin County, or the Minnesota Department of Transportation. Note Regarding SuperAmerica At the April 27 Council meeting, the Council was presented with correspondance from an attorney for SuperAmerica requesting the Council table action on this plat until a joint access easement over the former Fiterman property could be executed. It is our understanding that the • new owner of the property has agreed to such an easement, but it has not yet been executed. While this easement would improve access for the Super America site, it is unrelated to and not necessary for the plat. Execution of the easement was not a condition of preliminary plat approval by either the Planning Commission or the City Council. The only related condition was that Holiday and the adjacent property owners work out an acceptable and appropriate location for a median break, and that Holiday bear the cost of roadway improvements made necessary by this development. Holiday and the adjacent property owners all agree as to the best location of the median break, and Holiday has agreed to bear the cost of the roadway improvements, therefore upon receipt of executed subdivision and utility maintenance agreements the conditions for final plat approval have been met. It is important to note that if no joint access easement were agreed to and executed between Super America and the new owner of the Fiterman property, Super America would continue to have access to its property. It may not be the most desirable access, but it is serviceable. What is more important is that the execution of this joint access easement and agreement is a private matter between two private parties. The Subdivision Ordinance does not authorize the Council to require two private parties unrelated to the subdivision under consideration to enter into a private agreement, nor to hold the applicant responsible for something over which he has no control -- that is, Super America, a competitor, choosing whether or not to execute the easement. It is our understanding that Super America is working towards obtaining this agreement, and expects to have it in place by the time construction would start on the extended median. • Recommended City Council Action Approve the final plat of HOLIDAY BROOKLYN CENTER ADDITION, subject to any outstanding conditions as described and provided for in the attached resolution. r H011dayC0mpcinies 1( :"l I KI 1, 11 .I, 2 1 • 1 'O'N C, i I • Direct Dial: 6121830-8767 Fax: 612/830-1674 E-mail: mnelson@holidayoo.com April 30, 1998 VIA FACSIMILE 569-3494 Scott Brink City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430-2199 RE: Subdivision Agreement/Final Plat for Holiday Stationstores, Inc. Highway 252 and 66th Avenue, Brooklyn Center, Minnesota Dear Mr. Brink: As discussed at our meeting yesterday, Holiday Stationstores, Inc. agrees to pay for the Phase I improvements to 66th Avenue as required for the development of our property. Along with said road improvements we agree to pay for the required design work to be performed by Short Elliot Hendrickson, Inc., and we ask that you give them authorization to begin working on this project. We look forward to receiving a revised Subdivision Agreement early next week in anticipation of the upcoming May 11, 1998 City Council meeting. We understand the revisions will include clarification of the Phase I improvements and the recognition that Holiday will be constructing those improvements. Please call me at 830-8767 if you have any questions. Thank you for your continued cooperation. Sincerely, HOLIDAY STATION§�TORES, INC. Mark W. Nelson Manager of Real Estate MWN/bms36 cc: David D. Hoeschen RES 0- PLAT • HOLIDAY BROOKLYN CENTER ADDITION R.T. DOC. NO. ALL K. M tK3C wKSCNri '—_ p w ��x+r Sywnau. ♦ w.rw. Crw� a W , w.N A,vM1 rwrry a « ,. o ! . ✓.Yrx) a Mw>an Swr d Wwa. 4 .,w » w ✓w.+r , W . 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RESOLUTION APPROVING FINAL PLAT - HOLIDAY BROOKLYN CENTER ADDITION WHEREAS the Brooklyn rooklyn Center City Council on October 22, 1997, approved Planning Commission Application Nos.97010, 97011, and 97012, providing preliminary plat approval submitted by Holiday Companies, Inc.; and j WHEREAS, the property owner(applicant) has applied for Final Plat Approval as required by the City Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the plat of HOLIDAY BROOKLYN CENTER ADDITION is hereby approved subject to the following conditions: 1. The applicant shall enter into a standard maintenance and utility agreement with the City; and 2. The applicant shall enter into a Subdivision Agreement with the City; and I 3. Any other conditions of the City, Hennepin County, and the Minnesota Department of Transportation as required. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Ronald A. Warren Plannin and Zonin g P S ecialist •4 g 2• • DATE: May 7, 1998 SUBJECT: Additional Condition for Holiday Brooklyn Center Addition Plat You have requested a report about the ability of the City to add a condition of approval to the final plat submitted by Holiday Station Stores involving the reconfiguration of property located on the north side of 66th Avenue, westerly of T.H. 252. Mr. Timothy J. Keane, an attorney representing Super America, the owner of property on the south side of 66th Avenue in this location has requested the City Council to add a condition to the Holiday Brooklyn Center Addition final plat approval that states: The final plat shall not be executed by the City or released for recording until the • easement for the point access drive opposite the Holiday drive be duly executed and on file with Hennepin County. I have reviewed this matter with the City Attorney and we concur that no such condition should be added to the Holiday Brooklyn Center Addition final plat. The City Attorney advises that Minnesota Statutes provide that an applicant is entitled to receive final plat approval from the municipality if the final plat meets the requirements of city ordinances and all conditions imposed by the preliminary plat approval have been met. The preliminary plat was approved by the City Council on October 27, 1997, and was subject to the following five conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. A subdivision agreement, as approved by the City Engineer, shall be executed prior to Final plat approval. 4. Appropriate driveway and cross access easements shall be developed and filed with the titles to the properties in question. These easements area subject to the review and approval of the City Engineer and City Attorney prior to final plat approval. • I 5. The existing 60 foot wide easement shall be continued and shown on the final plat for this property. It is my understanding that the City Engineer has determined that the final plat is consistent with the Subdivision Ordinance and the above preliminary plat conditions. The issue of trying to locate the median in such a way so that the commercial properties either side of 66th Avenue could utilize it was discussed and the City Council indicated it wanted to be kept apprized of the situation but no such condition as suggested by the Super America attorney was imposed for final plat approval. To impose a condition such as that recommended by Super America now would be inappropriate. Furthermore, to impose the condition as written by Super America's attorney would in effect be transferring the final approval of the plat to Super America and/or the owner of the adjacent property. The plat could only be executed and released for filing when they reach an agreement for the joint access. What incentive is there for Super America to execute such an agreement when a condition of getting a building permit for Holiday is that the final plat be filed with Hennepin County? The decision to install a median extension was determined on the basis of a traffic study done by the City's consulting engineer. The location for the median break is based on the most appropriate placement given the traffic in the area and the most logical place to serve all affected properties. The Public Works Director has indicated that access to the Super America driveway through the newly located median, although not the best situation, can be accomplished even without Super America moving it's current driveway. It certainly seems to be in the best interests of both Super America and the current owner of the Fiterman property to work out an access agreement that will mutually benefit both properties. However, to make that a condition of final plat approval leaves the Holiday development at the mercy of the Super America and adjacent property owner negotiations. Again, it is believed that the Super America recommended condition would be an invalid condition of platting and should not be imposed. City Council Agenda Item No. 9g April 27,1998 • City of .Brooklyn Center A great place to start. A great place to stay. MEMORANDUM TO: Mayor Kragness, Councilmembers Cody, Hilstrom, Lasman, and Peppe FROM: Michael J. McCauley, City Manager DATE: May 6, 1998 i SUBJECT: Set Date and Time of Council Work / Session I would request that a work session be scheduled for either Wednesday, June 10, or Thursday, June 11, 1998, 7 p.m. in City Hall Conference Room B. The purpose of the work session is to discuss the auditor's review of the City's financial statements for 1997. I would also suggest that the Financial Commission be invited for a joint meeting with the Council to discuss the audit report. • 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. 9h April 27, 1998 • • City of Brooklyn Center A great place to start. A great place to stay. r MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: May 7, 1998 SUBJECT: Weed Spraying on Twin Lake At the April 20, 1998, Council work session, the Council discussed the issue of weed spraying along the shoreline of Upper Twin Lake and requested that it be brought back to the May 11, 1998, regular session agenda. Staff recollection is that the residents along Upper Twin Lake in both Crystal and Brooklyn Center used to, as part of the lake association and paid by the owners, provide for shoreline treatment. The residents could chose to participate and pay the fee and their shoreline would be • treated/sprayed or they could opt out and receive no shoreline treatment. When the Crystal residents chose not to participate, the cost became too high and the association president requested assistance from the City. A Twin Lake Study of 1989 by Westwood Professional Services, Inc., indicates the lake has a high level of algae. The City has contracted for algae treatment on Upper Twin Lake with Lake Restoration, Inc., since the late `80s. 6301 Shingle Creek Pkwy, Br Z YI 99 • t Hall & TDD Number 612 g y, ook n Center, � N 55430 21 Ca Ha ( ) 569 -3300 Y Y Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer > i TWIN LAKES AND THE PRESERVE STUDY FOR THE CITY OF BROOKLYN CENTER WESTWOOD OW PROFESSIONAL SERVICES, INC. 7101 York Avenue South, Minnecpolis, Minnesota 55435 FEBRUARY 19 8 9 Twin Lakes & The Preserve Study Page 12 Rough fish removal has not been tried on the Twin Lakes but is a possibility if their levels become too high. Most, if not all, of the DNR's fisheries management programs hinge on maintaining viable public accesses to Twin Lakes. If these are maintained in accordance with DNR standards the DNR will continue to effectively manage the fish populations in Twin Lakes. 3. Swimming Twin Beach Park is currently the one recognized swimming beach on Twin Lakes. Located on the southeast side of Middle Twin Lake, it includes a sand beach area, some children's playground equipment, and a shelter building. A sign is posted on the beach warning swimmers of power boat activity and that there is no life guard on duty. There are 3 off - street parking spaces located adjacent to the beach /park area. 4. Non - Motorized Boating Twin Lakes are used quite extensively by non - motorized boats for both fishing and non- fishing recreational pleasure. Canoeing or rowboating, inflatable raft use, and sailboating are the most popular non - motorized boating activities. These non- motorized boating activities seem to be appropriate for the size of Twin Lakes. 5. Motorized Boating Twin Lakes are also heavily used by motorized boats for fishing and speed or pleasure boating which would also include waterskiing. Upper Twin has an especially high number of waterskiers with a club based on the lake and a ski jump located on the north end. Considering the size of Twin Lakes, it appears there may be a problem with the number of speed boats using the lakes. The Cities of Crystal, Robbinsdale, and Brooklyn Center proposed motor restrictions on the lakes but were turned down by Hennepin County. Twin Lakes are under the jurisdiction of the County because the City line crosses the lake. 6. Water Quality Analysis The water quality of Twin Lake changes from basin to basin but generally Upper Twin has shown a considerably higher algae bloom than Middle or Lower Twin. The overall water color is green because of algae. The DNR measured water clarity in 1985 and found it to be 1.4 feet with 1 -4 feet being poor and anything over 5 feet being good. Therefore water clarity would be considered poor. There doesn't appear to be an erosion problem but there is heavy storm sewer runoff with fertilizers and pollution from the manicured lawns adjacent to the lake.