HomeMy WebLinkAbout1998 05-26 CCP Regular Session CITY COUNCIL MEETING Public Copy
City of Brooklyn Center
May 26, 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 ersonalit grievances, to make political endorsements
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or for political campaign purposes. Council Members will not enter into a dialogue with
I I 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. 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 21, 1998 - Joint Session with Housing Commission
2. May 4, 1998 - Board of Equalization
3. May 11, 1998 - Regular Session
b. Resolution Approving Change Order No. 1, Accepting Work Performed and
Authorizing Final Payment for Improvement Project No. 1997 -11, Contract 1997 -J,
Elevated Storage Tank Repair - Tower No. 2
C. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees
d. Resolution Canceling a Contract for Replacement of a Seven -Reel Tractor Mower and
Authorizing Advertisement for New Bids
CITY COUNCIL AGENDA -2- May 26, 1998
e. Resolution Declaring Earle Brown Days as a Civic Event from June 25 Through
June 28, 1998
f. Licenses
7. Public Hearing
a. An Ordinance Providing for the Sale of a Portion of Bellvue Park
-This item was first read on April 27, 1998.
-Requested Council Action:
- Continue public hearing to June 8, 1998, due to a publication error by
Minnesota Sun Publications.
8. Planning Commission Items
a. Planning Commission Application No. 98009 Submitted by the City of Brooklyn
Center. Request for Site and Building Plan approval and Special Use Permit to
construct a new fire station at the southeast corner of 63rd Avenue and Brooklyn
Boulevard. The Planning Commission recommended approval of the application at
its May 14, 1998, meeting.
-Requested Council Action:
- Motion to approve Planning Commission Application No. 98009 subject to the
conditions recommended by the Planning Commission.
b. Planning Commission Application No. 98010 Submitted by the City of Brooklyn
Center. Request for a Variance from Section 35 -400 to allow a 35 ft. building setback
rather than a 50 ft. building setback required along a major thoroughfare. The
Planning Commission recommended approval of the application at its May 14, 1998,
meeting.
-Requested Council Action:
- Motion to approve Planning Commission Application No. 98009 subject to the
conditions recommended by the Planning Commission.
9. Council Consideration Items
a. Resolution Supporting the Robbinsdale Area School District Arts Program
-Requested Council Action:
- Representative from Robbinsdale Area School District will provide
presentation.
- Motion to adopt resolution.
S
CITY COUNCIL AGENDA -3- May 26, 1998
b. Update on Auction
-Requested Council Action:
-City Manager will provide verbal update.
C. Report from Donn Escher, Financial Commission Chair
1. Recommendation of the Financial Commission for a Change in the Policy and
Procedure on Mayor and Council Member Total Compensation
- Resolution Amending the Policy and Procedure on Mayor and Council Member
Total Compensation
2. Recommendation of the Financial Commission Regarding the Mayor and
Council Member Total Compensation
-Requested Council Action:
-Donn Escher will provide verbal update.
- Motion to adopt resolution.
- Council direction on recommendation regarding compensation.
d. Resolution Amending the 1998 Central Garage Budget and Authorizing e
b g � g th Purchase
of One Road Grader
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Council Action:
- Motion to adopt resolution.
e. Staff Report Re: Proposed Median on 66th Avenue for Proposed Holiday Station
-Requested Council Action:
- Council discuss.
£ Resolution Authorizing Acquisition of Property for Earle Brown Heritage Center
Parking Lot
-Requested Council Action:
- Motion to adopt resolution.
g. 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.
•
CITY COUNCIL AGENDA 4- May 26, 1998
h. Speaker Carruthers, Senator Scheid, and Representative Carlson
-Requested Council Action:
- Legislative update.
i. 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.
j. Code Enforcement Update
-Requested Council Action:
-City Manager will provide verbal update.
k. Resolution Approving Section 28 of Chapter 389 of the Laws of Minnesota 1998 -
Brookdale Special Taxing District
-Requested Council Action:
- Motion to adopt resolution.
1. Resolution Approving Section 34 of Chapter 389 of the Laws of Minnesota 1998 -
Rental Property Improvements Assessed Valuation Adjustment Deferral
-Requested Council Action:
- Motion to adopt resolution.
m. Set Date and Time of Council Work Session
-Requested Council Action:
- Motion to set date for Council work session for Wednesday, June 3, 1998, at
7 p.m., Conference Room B, City Hall.
10. Adjournment
EDA MEETING
City of Brooklyn Center
May 26, 1998
AGENDA
1. Call to Order
2. Roll Call
3. Approval of 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.
a. Approval of Minutes
- Commissioners not present at meetings will be recorded as abstaining from the vote
on the minutes.
1. May 11, 1998
4. Commission Consideration Items
a. Resolution Authorizing the Sale of the Land at 6717 -6737 Humboldt Avenue North to
the City of Brooklyn Center for Use as the Site of the Police Station
-Requested Commission Action:
- Motion to adopt resolution.
b. Resolution Authorizing Executive Director to Engage the Services of Legal Counsel for
Development Projects
-Requested Commission Action:
- Motion to adopt resolution.
5. Adjournment
•
City Council Agenda Item No. 6a
•
•
PIE
MINUTES OF THE PROCEEDINGS OF THE HOUSING COMMISSION OF THE
CITY OF BROOKLYN CENTER IN THE
COUNTY OF HENNEPIN AND STATE OF MINNESOTA
JOINT HOUSING COMMISSION AND CITY COUNCIL SESSION
APRIL 21, 1998
COUNCIL CHAMBERS
BROOKLYN CENTER CITY HALL
CALL TO ORDER
The Brooklyn Center City Council was called to order by Mayor Pro Tem Kay Lasman at
7:00 p.m.
The Brooklyn Center Housing Commission was called to order by Chairperson Robert Torres
at 7:00 p.m.
ROLL CALL
Chairperson Robert Torres, Vice- Chairperson Ernie Erickson, Commissioners Lloyd Deuel,
Mark Yelich, Donald Arm, James Lano, Christopher Russell, and Michael VonDeLinde.
Council members present were Kay Lasman, Debra Hilstrom, Bob Peppe and Kathleen
Carmody. Mayor Myrna Kragness was absent and excused.
Also present were City Manager Michael J. McCauley, Community Development Director Brad
Hoffman, Building Official David Fisher and Community Development Specialist Tom Bublitz.
Commissioner Jonathan Carter was absent from the meeting.
APPROVAL OF AGENDA
There was a motion by Commissioner Erickson and seconded by Commissioner Arm to
approve the agenda, as submitted. The motion passed.
APPROVAL OF MINUTES - JANUARY 20, 1998
There was a motion by Commissioner Arm and seconded by Commissioner Deuel to
approve the January 20, 1998, Housing Commission minutes as submitted. The motion
passed.
APPROVAL OF MINUTES - FEBRUARY 17, 1998
There was a motion by Commissioner Arm and seconded by Commissioner Deuel to
approve the February 17, 1998, Housing Commission minutes as submitted. The motion
passed.
. 4 -21 -98 -1-
STAFF PRESENTATION ON PROPOSED TIME OF SALE ORDINANCE
The Community Development Specialist reviewed a series of question and answers included in
the Housing Commission and Council packets and made available to persons in the audience.
He explained 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.
He reviewed the following list of questions and answers with regard to the proposed Time of
Sale Inspection Program.
What dwelling units are affected?
All single family and two family, including condominiums and townhouses. Mobile homes are
included.
When must the property be inspected?
The property must be inspected and a report form completed prior to offering the property for
sale. The Housing Evaluation Report must be available for review by potential purchasers at
all times that the property is offered for sale.
Who does the evaluation?
The seller can choose any licensed independent housing evaluator who maintains a current
certificate of competency from the City of Bloomington, Minneapolis or St. Paul. These cities
provide for testing and certification of private housing evaluators. The City will maintain a list
of private housing evaluators who meet the certification requirements of the cities designated in
the City of Brooklyn Center's proposed ordinance. Evaluators must request to be placed on the
list and show proof of the required insurance.
What does an evaluator do?
The evaluator will examine the dwelling's visible structural elements; heating, electrical and
plumbing systems; and other components of construction. The evaluator will look into
accessible, unoccupied areas such as attics and crawl spaces, but will not take apart any
building components. The evaluator cannot identify conditions that are hidden and inaccessible.
How much does it cost?
Based on similar programs in other cities, the initial evaluation report may cost the seller $100
to $125. 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
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MINUTES OF THE PROCEEDINGS OF THE HOUSING COMMISSION OF THE
CITY OF BROOKLYN CENTER IN THE
COUNTY OF HENNEPIN AND STATE OF MINNESOTA
JOINT HOUSING COMMISSION AND CITY COUNCIL SESSION
APRIL 21, 1998
COUNCIL CHAMBERS
BROOKLYN CENTER CITY HALL
CALL TO ORDER
The Brooklyn Center City Council was called to order by Mayor Pro Tern Kay Lasman at
7:00 p.m.
The Brooklyn Center Housing Commission was called to order by Chairperson Robert Torres
at 7:00 p.m.
ROLL CALL
Chairperson Robert Torres, Vice - Chairperson Ernie Erickson, Commissioners Lloyd Deuel,
Mark Yelich, Donald Arm, James Lano, Christopher Russell, and Michael VonDeLinde.
Council members present were Kay Lasman, Debra Hilstrom, Bob Peppe and Kathleen
Carmody.
Also present were City Manager Michael J. McCauley, Community Development Director Brad
Hoffman, Building Official David Fisher and Community Development Specialist Tom Bublitz.
Commissioner Jonathan Carter was absent from the meeting.
APPROVAL OF AGENDA
There was a motion by Commissioner Erickson and seconded by Commissioner Arm to
approve the agenda, as submitted. The motion passed.
APPROVAL OF MINUTES - JANUARY 20, 1998
There was a motion by Commissioner Arm and seconded by Commissioner Deuel to
approve the January 20, 1998, Housing Commission minutes as submitted. The motion
passed.
APPROVAL OF MINUTES - FEBRUARY 17, 1998
There was a motion by Commissioner Arm and seconded by Commissioner Deuel to
approve the February 17, 1998, Housing Commission minutes as submitted. The motion
passed.
3 -17 -98 -1-
i
STAFF PRESENTATION ON PROPOSED I
S TIME OF SALE ORDINANCE
The Community Development Specialist reviewed a series of question and answers included in a
the Housing Commission and Council packets and made available to persons in the audience.
He explained 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.
He reviewed the following list of questions and answers with regard to the proposed Time of
Sale Inspection Program.
What dwelling units are affected?
i
All single family and two family, including condominiums and townhouses. Mobile homes are
included.
When must the property be inspected?
The property must be inspected and a report form completed prior to offering the property for
sale. The Housing Evaluation Report must be available for review by potential purchasers at
all times that the property is offered for sale.
Who does the evaluation?
The seller can choose any licensed independent housing evaluator who maintains a current
P g
certificate of competency from the City of Bloomington, Minneapolis or St. Paul. These cities
provide for testing and certification of private housing evaluators. The City will maintain a list
of private housing evaluators who meet the certification requirements of the cities designated in
the City of Brooklyn Center's proposed ordinance. Evaluators must request to be placed on the
list and show proof of the required insurance.
What does an evaluator do?
The evaluator will examine the dwelling's visible structural elements; heating, electrical and
plumbing systems; and other components of construction. The evaluator will look into
accessible, unoccupied areas such as attics and crawl spaces, but will not take apart any
building components. The evaluator cannot identify conditions that are hidden and inaccessible.
How much does it cost?
Based on similar programs in other cities, the initial evaluation report may cost the seller $100
to $125. This is an estimate onl y and the actual f ee will be negotiated between the seller and
g
the private evaluator. If hazardous items are noted in the initial evaluation report that do not
3 -17 -98 -2- •
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?
When hazardous items are identified by the evaluator, correction of the identified hazardous
items must be made. Follow -up on the correction of hazardous items will be done in the
following ways:
1. For hazardous items not requiring building permits to correct, private evaluators will
follow -up to make sure the items have been corrected.
2. For hazardous items requiring building permits to correct, City building inspectors
will follow -up through the normal building permit process to make sure the items
have been corrected.
When must corrections of hazardous conditions be completed?
Hazardous conditions must be corrected before the dwelling is occupied. If the dwelling is
already occupied, corrective 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 experience of other cities with similar programs, the following items are the five
most common hazards found in housing evaluations.
1. Lack of or improperly installed smoke detectors.
2. Electrical fixtures and cover plates. These include outlets and junction boxes with
missing cover plates and broken or cracked switches, outlets and fixtures.
3. Backflow prevention devices. Protection of potable water for inhabitants of a
dwelling (and also the city water supply) is of great importance. In most cases, a
hazardous water supply condition can be corrected by adding an anti - siphon backflow
prevention device to the water supply. Common locations where a backflow
prevention device is required are:
a. Outside garden hose connections. (All must be protected).
b. Laundry tubs with a threaded faucet for a hose connection.
c. Hand -held shower sprayers that could hang into tub water.
3 -17 -98 -3-
i
Other locations where backflow or siphoning could occur are toilet ballcocks that are
not located above the tank water line, any faucet that discharges below the spill line
of its receptor, and lawn irrigation systems having improper backflow protection.
These hazards must also be corrected.
4. Garage door openers. Many garage door openers are plugged into extension cords.
This type of wiring is a hazard. All garage door openers must be plugged directly
into approved outlets. An electrical permit must be secured to install a new electrical
outlet. Other appliances which cannot be connected to extension cords are water
softeners, window air conditioners, washing machines, clothes dryers, sump pumps
and other `permanent " appliances.
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 #6 wire (a #4 wire if electrical service is ISO 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.
Is h ?
t e evaluation a warranty.
No. The evaluation is not a guarantee or warranty. The Housing Evaluation Report will be
completed through visual inspection of the property. The evaluator cannot guarantee that
problems will not occur after the inspection.
Building Official David Fisher then reviewed a slide presentation from the City of Bloomington.
Mr. Fisher noted the slide presentation documents a typical housing evaluation done under
Bloomington's ordinance which is the ordinance upon which Brooklyn Center's proposed
ordinance is modeled. He noted the slides cover a "test house" done by the City of Bloomington
and pointed out that a "test house" is essentially a means of testing housing evaluators with
regard to their ability to perform evaluations under the City's evaluator guidelines. The slide
presentation pointed out items that would be noted as acceptable, below minimum and also those
items that would be called out as a hazardous condition under the ordinance. Examples of
hazardous conditions in the slide presentation included lack of proper grounding for electrical
systems, improper venting on water heaters, lack of cover plates on electrical outlets and lack
of backflow prevention devices. He pointed out that the items in the slide presentation would
be very similar to items that could be found in homes in Brooklyn Center under the ordinance
as proposed.
3 -17 -98 -4-
A resident in the audience stated that she does not think condominiums would require a Time
of Sale Inspection and pointed out as an example the water marks on the ceiling of the home in
the slide presentation would not be found in a condominium. The Building Official pointed out
that even if water stains were found in the ceiling that it would be a disclosure and not listed as
a hazardous item to be corrected.
The condominium'resident stated that most items in the inspection don't relate to condominiums.
She pointed out that she believes that a condominium is not like a single family home or even
a town home. She also stated that people buying condominiums will check these items out
before they buy. Councilmember Carmody commented that one of the issues discussed by the
Housing Commission is the fact that most first time home buyers do not perform inspections on
homes they are buying.
Commissioner Arm commented that there really is no difference between single family homes
and condominiums when things deteriorate, noting that both structures can have problems. The
condominium residents in the audience noted that in their condominium, maintenance personnel
are on site and handle the small problems and a maintenance company handles larger repair
items. The residents stated that if condos are included in the ordinance this could create
problems for the sale of condominium units.
Commissioner Erickson inquired whether the inspection provisions of Chapter 12 addresses
condos. The Building Official noted that the ordinance does not address condominiums unless
. they are rental properties.
Commissioner Erickson commented that when the Housing Commission initially started looking
at a Time of Sale ordinance one of the individuals on the Commission at that time had moved
into a Brooklyn Center home and within a month the deck fell off the side of the house. He
noted the individual had to hire a contractor to repair the deck. He pointed out that this situation
is an example of how vulnerable first time home buyers can be since they tend to be the least
experienced home buyers in the market. He noted that in his estimation the ordinance is a tool
to attract buyers to the City and to make the city's housing stock more viable.
Councilmember Carmody commented that there are a great number homes in Brooklyn Center
that have been owned for over 30 years and some have been maintained and some have not. She
noted a Time of Sale ordinance would begin to address some of the deferred maintenance items.
A single family resident in the audience stated that he has owned his single family dwelling since
1954 and inquired as to what has happened that we now need a Time of Sale program and who
is it designed to help. He explained his son bought a house in south Florida which was 13 years
old and had lived there for 3 years when he was required to repair mildew and insect problems
for a total cost of $2,000. He inquired as to whether or not people will be taking advantage of
homeowners by such an inspection program.
3 -17 -98 -5-
Councilmember Carmody noted that in her estimation the benefit of a Time of Sale program is
to the first time home buyer. She cited the St. Louis Park Time of Sale ordinance, noting it is
a very restrictive ordinance, and that the proposed Time of Sale ordinance in Brooklyn Center
benefits the City of Brooklyn Center by improving the maintenance of its housing stock.
Commissioner Arm noted that Brooklyn Center has an aging housing and that many people buy
started homes and then proceed to move up housing and may not maintain the starter home as
well as it should be maintained.
The single family resident noted that he is concerned that outside inspectors are brought in to
inspect homes and that they will most certainly find things wrong with a house.
Councilmember Lasman noted that the evaluator will receive their fee for the inspection whether
they find in any items for correction or not. The ordinance is essentially designed to maintain
the overall housing stock in the City.
The single family resident noted that if a person decides to sell their house now no special
inspection is required but if this ordinance is passed sellers will have to go through this process.
He suggested that it may be better if we had City inspectors performing the inspections.
Mr. Jack Kelly, who noted he was a previous Housing Commission and is a licensed reactor,
noted that the inspectors under this program will be licensed and that he believes every suburb
in the area will eventually have an ordinance similar to this and many now already do.
Councilmember Carmody commented that on the City side to have the City staff administer the •
program is too costly.
Councilmember Hilstrom explained that she had talked to realtors and they had brought up two
issues with regard to a Time of Sale ordinance. She noted the realtors indicated that it was a
positive thing that the ordinance will be disclosing items that are inspected in a house and
secondly if any items need to be replaced they would suggest that the repairs be done in a quality
fashion. In regard to maintaining quality in the repairs of any needed items Councilmember
Hilstrom suggested that the repairs be negotiated between the buyer and the seller. She cited an
example of a situation where the ordinance may require that a furnace be replaced and the seller
would likely put in the most inexpensive furnace they could get and still comply with the
ordinance. She noted that if the seller and buyer are able to negotiate this, the quality of the
replacement furnace could be improved.
The single family resident, who had previously addressed the Council and Commission, stated
that he is concerned that houses with older furnaces like his, even though they are in good
condition, may be called out to be replaced.
Commissioner Erickson pointed out that the evaluator would need to find specific problems with
the furnace that could be verified by a heating contractor and could not call out for the
3 -17 -98 -6- e
replacement of a furnace simple because it was an older style furnace.
i Councilmember Lasman noted that the inspections under a Time of Sale program are objective
inspections and evaluators are not looking for problems since they do not receive more
compensation if they find items to be corrected.
Councilmember Hilstrom left the meeting at 8:15 p.m.
Commissioner Arm commented that, with regard to the mold and insect problem in the home
in Florida, mold can be a very significant health problem and that this is probably something that
should have been corrected.
Councilmember Carmody left the meeting at 8:20 p.m.
Mr. Bill Gerst addressed the Housin g noted Commission and Council and n ed that is was
representing the Minneapolis Area Association of Realtors. Mr. Gerst noted that the ordinance
as proposed is not out of line with the Association's guidelines for these types of ordinances and
the use of private evaluators and correction of hazardous items is in keeping with the
Association's guidelines.
Councilmember Carmody returned to the meeting at 8:25 p.m.
Mr. Gerst continued his comments noting that the City of Minneapolis is now debating a change
• in their ordinance which would add correction of hazardous items to its disclosure type
ordinance. He noted that one of the more important issues he would like to address is that in
any Time of Sale ordinance he does not want to see the ordinance slow sales down in any way.
He noted the ordinance proposed by the City of Brooklyn Center is somewhat of a hybrid
ordinance based on the Bloomington ordinance. He also pointed out that more and more people
are doing buyer inspections even with Time of Sale ordinances in effect. The buyer inspections
typically involve a more comprehensive inspection than the Time of Sale type inspection.
The Housing Commission and City Council continued to discuss the ordinance and the City
Manager pointed out it is up to the City Council to put the item up for first reading if they
believe it is acceptable.
Councilmember Carmody stated that she believes the ordinance is ready the way it is and
Councilmember Peppe stated that he wants to make sure that we do not slow the process down.
Mr. Bill Gerst commented that under the ordinance if the seller puts their home on the market
and it does not sell the ordinance requires that the hazardous items must be repaired. He pointed
out that the Council should make sure there is an enforcement mechanism to assure the
correction. The Housing Commission and Council continued to discuss the enforcement
mechanisms in the ordinance and expressed concern over the monitoring of corrections of
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hazardous items in cases where the correction of hazardous items are deferred to the buyer and
also in cases where the home does not sell and the owner is required to correct the hazardous
items. The Community Development Specialist noted that this particular ordinance has less staff
involvement than other similar ordinances in other cities and that there are some items with
regard to monitoring hazardous items that will be done by private evaluators and that this is part
of the trade off for less staff involvement in an ordinance of this nature.
After continued brief discussion of the ordinance, there was a general consensus among Council
members and Housing Commission members to go forward with a first reading of the ordinance.
ADJOURNMENT
There was a motion by Councilmember Carmody and seconded by Councilmember Peppe
to adjourn the City Council meeting. The motion passed.
There was a motion by Commissioner Arm and seconded by Commissioner Deuel to
adjourn the Housing Commission meeting. The motion passed.
The Brooklyn Center Housing Commission and City Council joint meeting adjourned at
8:35 p.m.
Chairperson
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IV. APPEARANCES BY TAXPAYERS WITH APPOINTMENTS
• Burton M. Petersen. 111.2 Woodbine Lane. PID# 25- 119 -21 -32 -0069
Burton M. Petersen, 1112 Woodbine Lane, explained he is concerned with the market value of his
home. He is retired, living on a limited income. He doesn't believe he could sell his home for the
$88,000 market value.
V. APPEARANCES BY TAXPAYERS WITHOUT APPOINTMENTS
Betty Orsborn. 4207 Lakeside Avenue North #223
Betty Orsborn, 4207 Lakeside Avenue North #223, expressed concern with the increased market
value. She said she moved to the Beach Condominiums in 1991 and there are different valuations
this year for similar units.
Mr. Baker reviewed the different sales and the increasing values that have occurred recently. He
stated that different conditions and views of units could account for some of the valuations in value.
He offered to review specific units to ensure that they were properly valued.
Dia Yana. 5150 Drew Avenue North. PID# 10- 118 -21 -12 -0048.
Dia Yang, 5150 Drew Avenue North, appeared. Ms. Yang questioned the valuation on her property.
She believed it was too high.
Mr. Baker referenced several comparable sales supporting the valuation of Ms. Yang's property.
Gene Wright. 5615 Bro oklyn Boulevard PID# 03- 1 18 -21 -4 -0030
Mr. Wright, owner of 5615 Brooklyn Boulevard, appeared for the purpose of suggesting that the
valuation of his commercial property was higher than its market value. He believed that he had
overpaid when he purchased the property in 1996.
Mr. Baker discussed the methodology used in arriving at the valuation for Mr. Wright's property and
discussed the relative valuation of the leases at that location.
Councilmember Carmody left the meeting at 8 p.m.
Eric Uzoegbu. 6812 Bed Ave - -
Y _.ar e
_ ue North, PID# 3 4- 119 -21 11 0039
Eric Uzoegbu, 6812 Beard Avenue North, appeared before the Board to express his opinion that the
valuation was too high. While Mr. Uzoegbu paid $83,000 when he purchased the property from
HUD, after living in the house believed that its value was less due to needed improvements.
Mr. Baker responded with the analysis of valuation for Mr. Uzoegbu's property.
Residents of the Beach Condominiums had additional questions regarding taxes in general and
valuation at the Beach Condominiums.
• Mr. Baker again offered to review specific issues with them.
05/04/98 -2- DRAFT
l
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
• OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
BOARD OF EQUALIZATION
MAY 4, 1998
CITY HALL
I. CALL TO ORDER
The Brooklyn Center City Council met as the Board of Equalization and was called to order by
Mayor Myrna Kragness at 7 p.m.
ROLL CALL
Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, and Robert Peppe. Also
present were City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, City
Assessor Stephen Baker, Senior Appraiser Joe DaBruzzi, Hennepin County Assessor Tom May, and
Council Secretary Mary Schendel.
Councilmember Debra Hilstrom was absent and excused.
II. STATEMENT OF BOARD F EQUALIZATION
A O
City Manager McCauley opened the meeting of the Board of Equalization with information
regarding the State requirement to review the assessed valuation and classification of property within
the City. This year's review is limited to the 1998 assessment; it affects taxes payable in 1999. Mr.
McCauley stressed the importance to the homeowner for assessments to support market trends in real
estate and covered the responsibilities of the Board of Equalization.
IIL ASSESSOR'S REPORT
City Assessor Baker reported information relating to the overall growth in assessed values from the
previous year for all property types, including new construction, at approximately 7.8% citywide.
Mr. Baker stated assessment valuation procedures for residential, apartments, and
commercial/industrial properties and reviewed the 1997 real estate market for the 1998 assessment.
He presented valuation changes for residential properties, and a valuation history for single family
residences.
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IV. APPEARANCES BY TAXPAYERS WITH APPOINTMENTS
Burton M. Petersen. 1112 Woodbine. Lane. PIP# 25- 119 -21 -32 -0069,
•
Burton M. Petersen, 1112 Woodbine Lane, explained he is concerned with the market value of his
home. He is retired, living on a limited income. He doesn't believe he could sell his home for the
$88,000 market value.
V. APPEARANCES BY TAXPAYERS WITHOUT APPOINTMENTS
Bettv Orsborn. 4207 Lakeside Avenue North #223
Betty Orsborn, 4207 Lakeside Avenue North #223, expressed concern with the increased market
value. She said she moved to the Beach Condominiums in 1991 and there are different valuations
this year for similar units.
Mr. Baker reviewed the different sales and the increasing values that have occurred recently. He
stated that different conditions and views of units could account for some of the valuations in value.
He offered to review specific units to ensure that they were properly valued.
Dia Yang. 5150 Drew Aven North PID# 10- 118 -2 1 -12 -0048
Dia Yang, 5150 Drew Avenue North, appeared. Ms. Yang questioned the valuation on her property.
She believed it was too high.
Mr. Baker referenced several comparable sales supporting the valuation of Ms. Yang's property.
Gene Wright. 5615 B rooklyn Boulevard. 03- 118 -21 -42 -0030
Mr. Wright, owner of 5615 Brooklyn Boulevard, appeared for the purpose of suggesting that the
valuation of his commercial property was higher than its market value. He believed that he had
overpaid when he purchased the property in 1996.
Mr. Baker discussed the methodology used in arriving at the valuation for Mr. Wright's property and
discussed the relative valuation of the leases at that location.
Eric Uzoegbu. 6812 Beard Avenue North. PTD# 34- 119 -21 -11 -0039
Eric Uzoegbu, 6812 Beard Avenue North, appeared before the Board to express his opinion that the
valuation was too high. While Mr. Uzoegbu paid $83,000 when he purchased the property from
HUD, after living in the house believed that its value was less due to needed improvements.
Mr. Baker responded with the analysis of valuation for Mr. Uzoegbu's property.
Residents of the Beach Condominiums had additional questions regarding taxes in general and
valuation at the Beach Condominiums.
Mr. Baker again offered to review specific issues with them.
•
05/04/98 -2- DRAFT
I�
w
VII. MOTION TO AFFIRM THE BALANCE OF THE ASSESSMENT
• A motion by Councilmember Peppe and seconded by Councilmember Lasman to affirm the balance
of the 1997 assessment and accept the City Assessor's recommendation on the properties appearing
at the Board passed unanimously.
VIII. ADJOURNMENT
A motion by Councilmember Peppe and seconded by Councilmember Lasman to adjourn the
meeting at 8:30 p.m. passed unanimously.
City Clerk Mayor
•
•
05/04/98 _3_ DRAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
• OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
MAY 11, 1998
CITY HALL
1. INFORMAL OPEN FORUM WITH CITY COUNCIL
I
CALL TO ORDER INFORMAL OPEN FORUM
The Brooklyn Center City Council met in informal open forum and was called to order by Mayor
Myrna Kragness at 6:45 p.m.
ROLL CALL
Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kay Lasman, and
Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager/HR
Director Jane Chambers, Director of Public Works Diane Spector, City Attorney Charlie LeFevere,
and City Clerk Sharon Knutson.
INFORMAL OPEN FORUM
Jerry Blarney, Rod Snyder, and Tom Kouri, president of the Riverwood Neighborhood Association,
were present. Mr. Kouri updated the Council on the Association's interest in the redevelopment of
the Riverwood neighborhood. He indicated they had distributed surveys to the area residents
regarding the proposed senior cooperative housing project. They will update the Council once the
surveys have been returned and the data compiled.
ADJOURN INFORMAL OPEN FORUM
A motion by Councilmember Carmody and seconded by Councilmember Lasman to adjourn
informal open forum passed unanimously. Informal open forum adjourned at 6:50 r.m.
2. INVOCATION
No invocation was offered.
3. CALL TO ORDER REGULAR BUSINESS MEETING
The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna
® 5/11/98 -1- DRAFT
Kragness at 7:01 p.m. S
4. ROLL CALL
Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kay Lasman, and
Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager/HR
Director Jane Chambers, Director of Public Works Diane Spector, Planning and Zoning Specialist
Ron Warren, Director of Community Development Brad Hoffman, Community Development
Specialist Tom Bublitz, Detective Steve Karris, City Attorney Charlie LeFevere, and City Clerk
Sharon Knutson.
5. COUNCIL REPORT
Councilmember Lasman reported she had attended the Financial Commission on May 5 at which
they discussed compensation levels for Council, 1999 budget calendar, and on this evening's agenda
there is an item to set a joint meeting with the Financial Commission and the auditor to discuss the
City's financial statements.
6. PRESENTATIONS
Hennepin County Commissioner Mike Opat updated the Council on four specific issues:
1) Brooklyn Boulevard Redevelooment — negotiations are proceeding as expected;
conversations will begin with property owners; mill and overlay completed last year
2) Brookdale Redevelopment. — has received correspondence regarding plans and
schematics; willing to assist in the redevelopment of Brookdale in whatever fashion is necessary (i.e.
County roads)
3) Police Station — inquired if space is available in the new police station for probation
officers; coordinate data; shared information systems; long -term lease arrangement for space
4) Humboldt Greenwav — major boost from legislature of $7 million in bond bill;
acquisition of homes of willing sellers has begun; design includes 49th Avenue to Humboldt in
which North Mississippi Regional Park money can be utilized through the Met Council to upgrade
and improve 49th Avenue; meeting scheduled with Mayor Kragness next week regarding Brooklyn
Center's 53rd Avenue Project
7. APPROVAL OF AGENDA AND CONSENT AGENDA
City Manager McCauley requested adding item 9i, Resolution Authorizing the Undergrounding of
Electric Service on Camden Avenue, Improvement Project Nos. 1998 - 01,02, and 03, Bellvue
5/11/98
DRAFT
Neighborhood Street, Storm Drainage, and Utility Improvements, to Council Consideration Items
and remove items 7b, 7c, and 7e from the Consent Agenda and place them under Council
Consideration Items as items 9j, 9k, and 91, respectively. A motion by Councilmember Carmody
and seconded by Councilmember Lasman to approve the agenda and consent agenda as amended
passed unanimously.
7a. APPROVAL OF MINUTES
A motion by Councilmember Carmody and seconded by Councilmember Lasman to approve
minutes of the April 20, 1998, Special Work Session; April 27, 1998, Regular Session; and April 29,
1998, Public Informational Meeting, passed unanimously.
7b. RESOLUTION APPROVING SPECIFICATIONS FOR REQUESTS FOR
PROPOSALS FOR FINANCIAL ADVISORY SERVICES
This item was removed from the Consent Agenda and moved to item no. 9j under Council
Consideration Items.
7e. RESOLUTION APPROVING FINAL PLAT - - SHINGLE CREEK 5TH
ADDITION (EXTENDED STAY AMERICA)
This item was removed from the Consent Agenda and moved to item no. 9k under Council
• Consideration Items.
7d. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT,
IMPROVEMENT PROJECT NO. 1998 -26, CONTRACT 1998 -G,
RELOCATION OF 16" WATER MAIN & APPURTENANCES AT WEST
FIRE STATION
RESOLUTION NO. 98 -78
Member Carmody introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT
NO. 1998 -26, CONTRACT 1998 -G, RELOCATION OF 16" WATER MAIN &
APPURTENANCES AT WEST FIRE STATION
The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and
passed unanimously.
7e. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1998 -25
REPLACEMENT OF SIGNAL LAMPS WITH LEDs, AND AUTHORIZING
5i11i98 DRAFT
PARTICIPATION IN THE NSP LOCAL GOVERNMENT ENERGY
CONSERVATION PROGRAM
This item was removed from the Consent Agenda and moved to item no. 91 under Council
Consideration Items.
7f. LICENSES
A motion by Councilmember Carmody and seconded by Councilmember Lasman to approve the
following Iist of licenses passed unanimously.
MECHANICAL SYSTEMS
American Heating & Air Supply, Inc. 8347 University Ave. NE, Spring Lake Park
Forced Air Inc.
d.b.a. Wenzel Heating & A/C 4131 Old Sibley Mem. Hwy 9200, 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 -5448 Ponds Dr.
LaSalle Mgmt Group
(CHDC Ltd. Partnership) Unity Place 7225 -7274 Unity Ave. N.
Dorothy Ostrom - Ringstrom 6025 Brooklyn Blvd.
Jay Showalter 6742 -44 France Ave. N.
ACR Homes, Inc. 7110 Riverdale Road
Kenneth R. Johnson 5301 Winchester Lane
TAXICAB COMPANIES
Town Taxi #21, 109, 133, and 602 7000 57th Ave. N., Crystal
North Star #170 1213 Lake Street, Minneapolis
TOBACCO RELATED PRODUCT
TMG Enterprises, Inc. 1329 Brookdale Center
S. PLANNING COMMISSION ITEM
8a. PLANNING COMMISSION APPLICATION NO. 98007 SUBMITTED BY
•
5/11/98 -4- DRAFT
i
ACCESSIBLE HOMES, INC. (DOUG PETERSON)
Planning and Zoning Specialist Ron Warren reviewed Planning Commission Application No. 98007
submitted by Accessible Homes, Inc. (Doug Peterson). He explained the request is for preliminary
plat approval to subdivide into five lots the property currently addressed as 5621 Indiana Avenue
North. The subdivision would create four new lots for development and one lot which would
contain an existing single family home. The preliminary plat shows the extension of Indiana Avenue
to link to June Avenue. All of the proposed lots meet the minimum requirements for single family
residential lots. Two lots will front on the new roadway connecting June and Indiana Avenues; the
other two lots will front on Halifax Avenue. The Planning Commission recommended approval of
the preliminary plat at its April 30, 1998, meeting.
Councilmember Carmody noted in the City Engineer's report there was mention of a portion of the
roadway being in the flood plain. Mr. Warren responded that a slight portion would be in the 100
year high water level. It was allowable and not uncommon to have a roadway in a flood plain.
Councilmember Hilstrom raised the issue of notification to the property owners of the dead -end
street converting to a through street. Mr. Warren responded the requirement is to publish the public
hearing notice in the local newspaper; however, there is no requirement to individually notify
surrounding property owners.
There was a motion by Councilmember Carmody and seconded by Councilmember Lasman to
• approve Planning Commission Application No. 98007 submitted by Accessible Homes, Inc. (Doug
Peterson) requesting preliminary plat approval subject to the following conditions recommended by
the Planning Commission:
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, 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.
The motion passed unanimously.
5/11/98 -5- DRAFT
9. COUNCIL CONSIDERATION ITEMS
9a. 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
City Manager McCauley explained the ordinance was recommended and referred to the Council by
the Housing Commission. The purpose of the ordinance is to provide for an inspection of a home
for hazardous conditions prior to sale. It would be inspected by a licensed, qualified inspector. Any
hazardous conditions would have to be corrected before the closing. The ordinance would impact
City staff in the event a permit is needed for correction of the hazardous condition.
Councilmember Hilstrom asked who will oversee the program, how much staff time would be
involved, and if the current staff level sufficient.
Mr. McCauley responded the Building Official will oversee the program; the amount of staff time
is difficult to estimate; and current staff levels should be sufficient, with possible addition of P art-
time clerical support.
Mayor Kragness explained the concerns she has received from residents relate to the cost of the
initial inspection, especially from senior adults.
Discussion ensued regarding the language on page 5, letter "d" which reads, "If due to hardship the
owner cannot undertake corrective action, the buyer may elect to correct immediate hazards
identified in the evaluator's report." Councilmember Hilstrom said she would like to see this section
of the Ordinance allow for the buyer and seller to negotiate correction of repairs even if there is not
a hardship. Councilmember Carmody explained that one reason to include this language was
because there is a high number of first -time home buyers in Brooklyn Center and it should be the
seller's responsibility.
There was discussion regarding how the City would be notified of corrections if the City
involvement was limited only to those hazards which require a permit. Community Development
Specialist Tom Bublitz explained the inspection certificate would need to be available at the closing
in order for the property to be sold. In the case of the non - permit items, the reinspection is done by
the private inspector; permit items would require the City inspector to approve.
Councilmember Carmody requested that a slide show be presented at the next Council meeting
which depicts what types of hazards exist.
•
5/11/98 -6- DRAFT
There was further discussion regarding the issue of completion date of required corrections and how
the Citv would be notified and amending language to provide that a buyer and seller can negotiate
who will make the repairs, while at the same time making the seller responsible.
City Manager McCauley explained the premise of the proposed ordinance is to rely on the real estate
community for compliance with the Ordinance. With regard to houses for sale by owner, they are
still subject to the requirements of the Ordinance. Residents would need to be educated of the
requirements of the Ordinance through public notice such as the City newsletter.
It was Council consensus to direct staff to draft new language addressing the issues of the removal
of the hardship requirement, completion date requirement, and to address the issue of compliance
in the event the house doesn't sell.
A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to table 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 passed unanimously.
9b. 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
City Manager McCauley explained that this is a request from Boca Limited Partnership for the
r n r
issuance of $7.2 million in housing revenue bonds in connection with the acquisition and
rehabilitation of Shingle Creek Tower and tax credits in the amount of $750,000. The bonds would
not be obligations of the City. Owners of property built with Federal assistance are now able to pay
off mortgages early and remove the current income limitations as to the residents and the rent
limitations and go market rate with rents. There is a program which provides for sticky vouchers
to make up the difference between the proposed rents and current rents. Community Development
has been approached by other persons looking at development with a similar view of these type of
financing mechanisms. The housing bonds would increase the property value. The request is for
preliminary approval and calling public hearing. It was noted there were several residents of Shingle
Creek Tower in the audience.
Mayor Kragness said she received letters from the residents with concerns relating to the rent
increases and their ability to afford the increased rents.
Mayor Kragness opened the meeting to public comment.
Nevin Hench, resident of Shingle Creek Tower, expressed his concern that the rents are currently
borderline affordable and even a small increase in rent would be a hardship. He believed the current
5111/98 -7- DRAFT
building was fine.
Paul Lane, resident of Shingle Creek Tower, said Mr. Boisclair held a meeting last week and had
presented a list of proposed improvements.
It was noted Mr. Boisclair was not present at the meeting. Mr. McCauley said Mr. Boisclair was
notified of the meeting.
Councilmember Carmody asked if there were income statistics for the residents of Shingle Creek
Tower, i.e., what percent are low- income?
Mr. Lane said he believed 25% are on Social Security.
Mary Hurkman, HOME Line, submitted a copy of a letter and a survey that Mr. Boisclair distributed
to the Shingle Creek Tower residents. She referenced a section regarding assisted living and
expressed concern that this would displace all the residents.
Councilmember Hilstrom asked if there is a time frame for Mr. Boisclair to apply for the bonds.
Community Development Director Brad Hoffman said he believed Mr. Boisclair was interested in
the January cycle of bonds.
A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to table to the
May 26, 1998, Council meeting, a 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 passed unanimously.
Councilmember Hilstrom asked how Mr. Boisclair would be notified of the meeting. Mr. McCauley
responded he would be notified by mail.
9c. 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
City Manager McCauley said the resolution authorizes the City to purchase from the EDA the land
located at 6717/6737 Humboldt Avenue North to use as the site for the police station. The EDA had
used CDBG funds for a portion of the purchase price of the property, and the EDA will have to repay
those CDBG funds to Hennepin County to the extent that they reflect the fair market value of the
land. At the May 26 meeting, there will be an EDA resolution to accept the City's offer to purchase
the land. Mr. McCauley explained that Ms. Chambers had spoken with a representative from
Commissioner Opat's office regarding the probation office request. The building design was too far
5/11/98 -8- DRAFT
along to include the probation offices.
• RESOLUTION NO. 98 -79
Member Carmody introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING THE PURCHASE OF THE LAND AT 671716737 HUMBOLDT
AVENUE NORTH BY THE CAPITAL IMPROVEMENTS FUND FROM THE ECONOMIC
DEVELOPMENT AUTHORITY FUND FOR USE AS THE SITE OF THE POLICE STATION
The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and
passed unanimously.
9d. AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES
RELATED TO THE REGULATION OF PAWNSHOPS AND SECONDHAND
GOODS DEALERS
City Manager McCauley explained this ordinance amends the City's regulations relating to
pawnshops and secondhand goods dealers. As requested by the Council at its last meeting, the
language as recommended by the Police Department has been incorporated into the City Attorney's
draft ordinance.
A question was raised regarding Section 23 -623 which changes the holding period from 72 hours
to 14 days.
Detective Steve Karns responded that if an item is believed to be stolen, the Police Department can
request the dealer to hold the item for 72 hours. The amendment requesting additional time is
necessary due to items being placed on hold during non - regular business hours such as weekends
and holidays.
A motion by Councilmember Peppe and seconded by Councilmember Carmody to approve first
reading of an Ordinance amending Chapter 23 of the City Ordinances relating to the regulation of
pawnshops and secondhand goods dealers and calling for a public hearing and second reading on
June 8, 1998, passed on a vote of Mayor Kragness, Councilmembers Carmody, Lasman, and Peppe
voting aye; Councilmember Hilstrom voted nay.
9e. 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 `VEST RIVER ROAD,
BROOKLYN CENTER, MINNESOTA 55430 LEGALLY DESCRIBED AS
5/11/98 -9- DRAFT
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
City Manager McCauley explained that the proposed Order would require compliance to address a
number of serious violations. In the Council's materials there was an indication that we anticipated
execution of an agreement between the property owner and the City. The anticipated agreement
would have set a compliance deadline agreed to by the owner, which if met by the owner would
result in the Order not being enforced. Unfortunately, the owner did not enter into an agreement
with the City, so the Staff was requesting that the Order be simply adopted.
RESOLUTION NO. 98 -80
Member Hilstrom 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 6842 WEST RIVER ROAD, BROOKLYN CENTER
The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and
passed unanimously.
9f. RESOLUTION APPROVING FINAL PLAT - - HOLIDAY BROOKLYN
CENTER ADDITION
City Manager McCauley explained the conditions have been met by Holiday for final plat approval.
Councilmember Hilstrom expressed that she cannot support approval of the final plat because it does
not address the traffic safety concerns. Councilmember Peppe concurred. He added that the
proposed median design will intensify the traffic safety conditions.
•
5/11/98 -10- DRAFT
Director of Public Works Spector addressed the Council on the issue of the proposed median. She
• explained a traffic consultant has reviewed the proposed traffic controls. The recommended median
allows for left turns to the Holiday site and also allows for left turns to the future joint access
driveway to SuperAmerica.
Councilmember Hilstrom raised the issue of the present location of SuperAmerica's driveway with
regard to the proposed median, expressing the U -turn traffic condition that would occur. She also
raised the question of whether there are any definite plans for SuperAmerica to move its driveway.
Councilmember Carmody said that traffic safety is an issue with the current location of the
SuperAmerica driveway, and she believed moving the median down may help the present traffic
concerns.
Ms. Spector explained that the subdivision agreement does not require that an agreement on the
easement be reached by SuperAmerica and the owner of the Fiterman property; however, the
Council could make a separate motion to direct staff to review the traffic control. She said that
SuperAmerica has assured that there is agreement with the owner of the Fiterman property regarding
the easement and a joint access driveway.
Planning and Zoning Specialist Ron Warren reviewed the history of the preliminary plat approval
and explained that the preliminary plat was approved with five conditions. He said that Holiday has
met all the conditions and is in compliance with the Subdivision Ordinance.
City Manager McCauley explained ty g y p ned the Issue of the median could be separated out from the final plat
approval.
Mayor Kragness raised the question of who would be responsible for re -doing the median if it is
installed as proposed and it causes future traffic concerns.
City Manager McCauley responded the City is responsible.
There was a motion by Councilmember Carmody to approve the final plat and to withhold the final
approval on median design and location until the Council has reviewed options.
RECESS
The Council recessed at 9:00 p.m. and reconvened at 9:05 p.m.
Mark Nelson, real estate manager for Holiday, expressed his concern regarding the proposed site
plan and the proposed median. He explained the proposed median has been reviewed by the traffic
engineer and is acceptable. The median is necessary for traffic control due to non - alignment of the
current location of the SuperAmerica driveway and the proposed location of the Holiday driveway.
5/11/98 -11- DRAFT
It was Council consensus to explore options with regard to the median design to benefit future
development of the area. •
Councilmember Carmody raised the question as to when the median discussion would be brought
back to Council. Mr. McCauley responded the first regular meeting in June or possibly the next
regular meeting in May.
The aforementioned motion was duly seconded by Councilmember Lasman and passed
unanimously.
Councilmember Carmody requested this issue be on the May 26, 1998, Council agenda.
RESOLUTION NO. 98 -81
Member Carmody introduced the following resolution and moved its adoption:
RESOLUTION APPROVING FINAL PLAT - - HOLIDAY BROOKLYN CENTER ADDITION
The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and
passed unanimously.
9g. SET DATE AND TIME FOR COUNCIL WORK SESSION
City Manager McCauley requested that a Council work session be scheduled for either June 10 or
June 11 to meet with the City's auditor to review the 1997 financial statements. The Financial
Commission would be invited for a joint meeting with the Council to discuss the auditor's report.
A motion by Councilmember Carmody and seconded by Councilmember Peppe to set Wednesday,
June 10, 1998, 7 p.m., Conference Room B, City Hall, as a Council work session passed
unanimously.
9h. WEED SPRAYING ON TWIN LAKE
City Manager McCauley explained this issue was raised by an inquiry from residents of Middle
Twin Lake regarding the City funding the spraying for weeds on Upper Twin Lake. The City has
contracted for algae treatment on Upper Twin Lake since the late `80s, with an annual cost under
$1,000.
Councilmember Peppe recommended treating all of the Brooklyn Center Twin Lake shoreline and
indicated the City would need to apply for a permit.
Councilmember Hilstrom asked what costs would be involved; City Manager McCauley`responded
5/11/98 -12- DRAFT •
under $2,000.
Mayor Kragness raised the issue of whether or not the spraying helps or does the algae and weeds
spread.
Councilmember Hilstrom stated this issue needs to be addressed as a bigger issue, possibly with the
City of Crystal. She would like to see a long -term plan for Twin Lake. She also requested that
residents along the lake be notified of the intent to spray and to also contact the Watershed District
for input on the spraying.
A motion by Councilmember Peppe and seconded by Councilmember Hilstrom to direct City Staff
to start the proceedings to apply for the permit to treat algae on all Brooklyn Center shoreline of
Twin Lake passed unanimously.
9i. RESOLUTION AUTHORIZING THE UNDERGROUNDING OF ELECTRIC
SERVICE ON CAMDEN AVENUE, IMPROVEMENT PROJECT NOS. 1998-
01, 02, AND 03, BELLVUE NEIGHBORHOOD STREET, STORM
DRAINAGE, AND UTILITY IMPROVEMENTS
City Manager McCauley explained this resolution would provide underground electric for residents
on Camden Avenue as part of the Bellvue neighborhood project. A quote was received from NSP
for the undergrounding, and the bids for the construction project were favorable enough to pick up
the cost of the undergrounding. A resident carried a petition around the neighborhood and 19 of the
26 properties were in favor of the City paying for the undergrounding of the main and the service,
with the property owners responsible for the cost of the conversion of their own houses. If the
project exceeds the budget amount because of the undergrounding costs, the EDA could finance the
overage as a housing improvement.
RESOLUTION NO. 98 -82
Member Peppe introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING THE UNDERGROUNTDING OF ELECTRIC SERVICE ON
CAMDEN AVENUE, IMPROVEMENT PROJECT NOS. 1998 -01, 02, AND 03, BELLVUE
NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS
The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and
passed unanimously.
9j. RESOLUTION APPROVING SPECIFICATIONS FOR REQUESTS FOR
PROPOSALS FOR FINANCIAL ADVISORY SERVICES
5/11/98 -13- DRAFT
City Manager McCauley explained the City Attorney had recommended some changes to the RFP
to give the City some flexibility and make the process more like a request for proposals for
professional services and less like a request for bids or offers. Mr. McCauley recommended the
resolution with the changes recommended by the City Attorney.
RESOLUTION NO. 98 -83
Member Hilstrom introduced the following resolution with the changes recommended by the City
Attorney and moved its adoption:
RESOLUTION APPROVING SPECIFICATIONS FOR REQUESTS FOR PROPOSALS FOR
FINANCIAL ADVISORY SERVICES
The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and
passed unanimously.
9k. RESOLUTION APPROVING FINAL PLAT - - SHINGLE CREEK 5TH
ADDITION (EXTENDED STAY AMERICA)
City Manager McCauley explained this is the Extended Stay America plat which would be located
along Freeway Boulevard in Lot 3 of the proposed plat.
Councilmember Hilstrom stated that she had voted no when this was previously brought before the
Council and would again vote no.
RESOLUTION NO. 98 -84
Member Carmody introduced the following resolution and moved its adoption:
RESOLUTION APPROVING FINAL PLAT - - SHINGLE CREEK 5TH ADDITION (EXTENDED
STAY AMERICA)
The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and
passed on a vote of Mayor Kragness, Councilmembers Carmody, Lasman, and Peppe voting aye;
Councilmember Hilstrom voted nay.
91. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1998 -25,
REPLACEMENT OF SIGNAL LAMPS WITH LEDs, AND AUTHORIZING
PARTICIPATION IN THE NSP LOCAL GOVERNMENT ENERGY
CONSERVATION PROGRAM
City Manager McCauley explained that in the budget funds were identified from Municipal State
5/11/98 -14- DRAFT
Aid to replace bulbs with inefficient LED lamps. The City's consultant had completed a study
indicating that the cost savings to be achieved through using LEDs would, over a five -year period,
more than pay for the cost of the LED conversion. Northern States Power Company (NSP), after
reviewing the consultant's report, indicated they would make available to the City a loan to allow
the City to replace all of the LEDs in 1998. It was recommended that the City enter into an
agreement with NSP to participate in the Local Government Energy Conservation Program by
receiving this loan. It was anticipated that energy savings would more than pay for the loan
payments over the term of the loan. If there were any deficit in energy savings, the payments would
be made from the already planned capital replacement for the LEDs, which originally were
anticipated to be a four- to five -year project.
Councilmember Hilstrom raised the question regarding whether the City would be phasing in the
emergency vehicle systems. City Manager McCauley responded the City currently does not have
any of these control devices and this may be need to be addressed on a long -range plan for high
traffic intersections.
RESOLUTION NO. 98 -85
Member Lasman introduced the following resolution and moved its adoption:
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 motion for the adoption of the foregoing resolution was duly seconded by member Peppe and
passed unanimously.
10. ADJOURNMENT
A motion by Councilmember Carmody and seconded by Councilmember Lasman to adjourn the
meeting at 9:29 p.m. passed unanimously.
City Clerk Mayor
Recorded and transcribed by:
Sharon Knutson
5/11/98 _11_ DRAFT
•
City Council Agenda Item No. 6b
• MEMORANDUM
DATE: May 12, 1998
TO: Michael J. McCauley, City Manager
FROM: Scott A. Brink, City Engineer 5k�
SUBJECT: Resolution Approving Change Order No. 1, Accepting Work Performed and
Authorizing Final Payment for Improvement Project No. 1997 -11, Contract
1997 -J, Elevated Storage Tank Repair - Tower No. 2
On June 18, 1997, the City Council awarded a contract to TMI Coatings, Inc. for coating and
miscellaneous repair work to Tower No. 2 (69th and Dupont Avenues). The contract was
substantially completed in November of 1997. Final punch list items have now been completed,
and the contract is now ready to be processed for final payment.
The original contract amount for Project No. 1997 -11 was $189,500.00. With Change Order No.
1, in the amount of $6,900.00, the total contract amount is $196,400.00. Change Order No. 1
was the cost to develop a new template to paint the City of Brooklyn Center logo on the tower.
• The template would also be used for the other two towers when they are repairs and repainted (43
later this year, and #1 next year). A 10 percent contingency in the amount of $18,950 had been
included in the contract cost estimate to cover the cost of any change orders or extra work items.
TMI Coatings, Inc. has satisfactorily completed all requirements of the contract work. It is
therefore recommended that the City Council approve the attached resolution approving Change
Order No. 1 and authorizing final payment.
•
Member introduced the following resolution and moved its
adoption:
• RESOLUTION NO.
RESOLUTION APPROVING CHANGE ORDER NO. 1, ACCEPTING WORK PERFORMED
AND AUTHORIZING FINAL PAYMENT FOR IMPROVEMENT PROJECT NO. 1997 -11,
CONTRACT 1997 -J, ELEVATED STORAGE TANK REPAIR - TOWER NO. 2
WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center,
Minnesota, TMI Coatings, Inc. has satisfactorily completed the following improvement in accordance with
said contract: Improvement Project No. 1997 -11, Contract 1997- J; and
WHEREAS, Change Order No. 1 in the amount of $6,900 is hereby approved.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota that:
1. The work completed under said contract is accepted and approved according to the
following schedule:
Cost As Established As Finaled
Contract $189,500 $189,500
Contingency(10 %) $ 18.950 S 6.900(C. 0. No. 1)
• Subtotal Const. Cost $208,450 $196,400
Engineering $ 30,000 $ 17,282
Administration $ 6.000 $ 5.892
Total Project Cost 244 450 21
$ $ 95
J � , 74
Revenue
Water Utility Fund $244,450 $219,574
2. It is hereby directed that final payment be made on said contract, taking the
Contractor's receipt in full. The total amount to be paid for said improvement
under said contract shall be $196,400.00.
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. 6c
MEMORANDUM
DATE: May 20, 1998
TO: Michael J. McCauley, City Manager
FROM: Jo ,
ce ulseth v iv
Joyce G ,Public Works Administrative Aide
J
SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased
Trees
The attached resolution represents the official Council action required to expedite removal of the
trees most recently marked by the City tree inspector, in accordance with approved procedures.
It is anticipated that this resolution will be submitted for council consideration each meeting
during the summer and fall as new trees are marked.
•
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL
OF DISEASED TREES
WHEREAS, a Notice to Abate Nuisance and Diseased Tree Removal Agreement has
been issued to the owners of certain properties in the City of Brooklyn Center giving the owners
twenty (20) days to remove diseased trees on the owners' property; and
WHEREAS, the City can expedite the removal of these diseased trees by declaring
them a public nuisance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota that:
1. The diseased trees at the following addresses are hereby declared to be a public
nuisance:
® TREE
PROPERTY OWNER PROPERTY ADDRESS NUMBER
----------- - - - - -- -------------- - - - - -- - - - - --
LARRY & DIAN HIRSCH 1600 72ND AVE N 1
STEVEN & DEBRA CANFIELD 5331 NORTHPORT DR 2
KENDALL & SUZANNE HICKS 4012 JOYCE LA 3
KEVIN & SUE MEE YANG 5436 IRVING AVE N 4
CHARLES FORSE 6811 BRYANT AVE N 5
LAURIE RANDALL 6801 ALDRICH AVE N 6,7
TWIN LAKES PROPERTIES 3403 53RD AVE N 8
BRIAN & CARLA DANIELSON 3907 BURQUEST LA 9,10,11
MICHAEL HELLE 7219 GIRARD AVE N 12
DOUGLAS & VIRGINIA BANNISTER 7240 HUMBOLDT AVE 13
MCTO BOB CAHLANDER PARK & RIDE 14
GAROLD & HEDDY CAMPBELL 7225 LOGAN AVE N 15
MICHAEL & KATHLEEN FROEHLIG 7108 LOGAN AVE N 16
STATE OF MINNESOTA NW CORNER OF XERXES BRIDGE 17,18,19
ANDREW & LISA HOCKERT 6512 DREW AVE N 20
NOR -WEB LLP 6000 BROOKLYN BLVD 21,22,23
2. After twenty (20) days from the date of the notice, the property owner(s) will
receive a second written notice providing five (5) business days in which to
• contest the determination of the City Council by requesting, in writing, a
hearing. Said request shall be filed with the City Clerk.
RESOLUTION NO.
3. After five (5) days, if the property owner fails to request a hearing, the tree(s)
shall be removed by the City. All removal costs, including legal, financing,
and administrative charges, shall be specially assessed against the property.
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. 6d
•
•
MEMO
To: Michael McCauley, City Manager
From: Dave Peterson, Public Works Superintendent Pf
Subject: Resolution Canceling a Contract for Replacement of a Seven -reel Tractor Mower and
Authorizing Advertisement for New Bids
Date: May 21, 1998
On February 23, 1998 the City Council accepted bids and awarded a contract for the replacement
of vehicle #205, a seven reel tractor mower. At that time, two bids were received, with only one
meeting our specifications. The bid from North Star Turf (NST), for a Jacobson model F -10, was
accepted and a contract awarded.
One of the conditions of the mower specifications was that it include an adequate power steering
system. After the contract was awarded, we were informed by NST that factory installed
power /power assist steering was no longer available on the mower they bid. We made the
decision to try their proposed dealer installed steering system on our Jacobson F -10 mower
purchased in 1997, before going ahead with the 1998 purchase.
The steerin � system was installed by NST in April, 1998 and returned to us for a field trial. It
was tried and tested and deemed inadequate by City of B.C. operators. After continued contact
and negotiations with NST, the unit was again returned to the dealer for additional modifications
and a re- evaluation of the escalating cost of conversion. Changes were then made to both the
hardware and cost of the system. Upon receiving the unit from NST a second time, and after
revamping by City forces of the less than adequate installation of power steering system by NST,
a field trial was again conducted. With the final modifications in place, the system performed
marginally on our 1997 mower, and it was determined that the proposed steering system could
not meet our specified performance criteria.
All attempts for a power steering system to meet specifications have been made on the 1997
mower. We have not yet ordered the 1998 mower as it does not meet the steering specification.
Therefore we recommend that in the best interest of the City of Brooklyn Center, the contract for
the 1998 seven reel tractor mower be.canceled, and advertisement for new bids be authorized.
We will revise the specifications, and hope that new bids can stay within our price range. If the
bids we receive are substantially greater than the $62,000 we have budgeted, then we will defer
replacing this mower until 1999, when additional accumulated depreciation and interest earnings
will increase the amount available.
Member introduced the following resolution and moved its
• adoption:
RESOLUTION NO.
RESOLUTION CANCELING A CONTRACT FOR REPLACEMENT OF A SEVEN -REEL
TRACTOR MOWER AND AUTHORIZING ADVERTISEMENT FOR NEW BIDS
WHEREAS, the City Council on February 23, 1998 accepted a bid and awarded a contract
to North Star Turf for a Jacobson model F -10 seven reel tractor mower; and
WHEREAS, the specifications for said mower required that it include an adequate power
steering system; and
WHEREAS, the manufacturer has discontinued factory - installed power /power assist
steering system as an option, and a dealer - installed system was tried and tested and deemed inadequate by
City of Brooklyn Center operators; and
WHEREAS, North Star Turf is thus unable to meet the specifications for this mower as
required by contract.
NOW, THEREFORE, BE IT RESOLVED b the City Council of the City of Brooklyn
Y Y Y n Y
Center, Minnesota that:
1. The contract with North Star Turf for a 1998 Jacobson model F -10 seven reel
tractor mower is hereby canceled.
2. Staff is hereby authorized and directed to develop new specifications and advertise
for new bids.
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. 6e
•
•
•
MEMO
To: Michael J. McCauley, City Manager
From: Sue LaCrosse, Program Supervisor
Subject: Resolution Declaring Earle Brown Days As A Civic Event
Date: May 13, 1998
Please consider the resolution declaring Earle Brown Days As A Civic Event for the next council
meeting agenda.
If further information is needed, please let me know.
Thank you.
•
Member introduced the following resolution and moved its
• adoption:
RESOLUTION NO.
RESOLUTION DECLARING EARLE BROWN DAYS AS A CIVIC EVENT FROM
JUNE 25 THROUGH JUNE 28, 1998
WHEREAS, the purpose of Earle Brown Days is to promote the City of Brooklyn
Center, its people, and amenities; and
WHEREAS, residents, the city community civic groups, and businesses participate in
the annual civic celebration to demonstrate the vitality of the City of Brooklyn Center; and
WHEREAS, in order for Earle Brown Days, Inc. to schedule certain events requiring
City - issued administrative land use permits, it is necessary for Earle Brown Days to be declared
a civic event.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center that Earle Brown Days are declared a civic event from June 25, 1998 through June 28,
1998.
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. 6f
•
•
•
MEMORANDUM
TO: Michael J. McCauley, City Manager
FROM: Sharon Knutson Cit • Clerk�'�
DATE: May 20, 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 26, 1998:
• MECHANICAL CONTRACTORS.
Alliant Heating and A/C
dba Fredrickson Heating and A/C 3650 Kennebec Drive 41, Eagan
Anderson Heating and A/C 4347 Central Ave NE, Columbia Heights
J & K Heating 7609 James Ave N, Brooklyn Park
Marsh Heating and A/C 6248 Lakeland Ave N, Brooklyn Park
Quality Air, Inc. 10830 Magnolia St NW, Coon Rapids
Sabre Heating and A/C 14505 21st Ave N, Ste 230, Plymouth
RENTAL DWELLINGS
Initial:
Chuck Hartell 7107 Palmer Lake Circle
Renewal:
Jon Veard The Pines of Brooklyn Center
Norene Miller 3513 47th Ave N
Howard/Harriet Oien 5801 Brooklyn Blvd
Amy DesParois 5301 Dupont Ave N
Roland Scherber 7212 Newton Ave N
City Council Agenda Item No. 7a
MEMORANDUM'(
DATE: May 20, 1998
TO: Michael J. McCauley, City Manager (�,�
FROM: Diane Spector, Director of Public Work � �'�"
SUBJECT: An Ordinance Providing for the Sale of a Portion of Bellvue Park
This ordinance would provide for the sale of a portion of Bellvue Park to the City's EDA. The
land would be replatted as art of several new private residential lots as part of the Bellvue Lane
Addition.
The first readin of this ordinance was conducted on April 27, 1998, and a public hearing was
scheduled for May 26, 1998. Unfortunately, the Brooklvn Center Post failed to publish the
notice we sent t them, so the public hearing has not been adequately publicized. Therefore, we
recommend that the Council table the public hearing and subsequent consideration of this
ordinance until June 8, 1998.
•
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 26th day of May, 1998, at 7
P Y Y
p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek
Parkway, to consider an ordinance providing for the sale of a portion of Bellvue Park.
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 PROVIDING FOR THE SALE OF A PORTION OF
BELLVUE PARK
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council finds that the following portion of Bellvue Park
is no longer necessary for park purposes:
The West 150.00 feet of the North half of Lot 9,
Block 3, Bellvue Acres, according to said plat on
file and of record in the office of the County
Recorder, Hennepin County, Minnesota.
and also the East 150.00 feet of Lot 12 in said
Block 3.
and also that part of Lot 13 in said Block 3,
which lies Southerly of a 60.00 foot radius
circle, concave to the South, the center point of
said circle is described as follows:
Commencing at the Northeast Corner of Lot 9,
said Block 3, thence Southerly, along the East
line of said Lot 9, a distance of 25.00 feet;
thence Westerly, parallel to the North line of said
Lot 9 and its Westerly extension, a distance of
424.19 feet to said center point.
Section 2. That portion of Bellvue Park described in Section 1 above is hereby
conveyed to the Economic Development Authority of Brooklyn Center for sale to private
parties for housing redevelopment purposes. The Mayor and City Manager are hereby
authorized and directed to take such steps as are necessary to effect the transfer of title.
Ordinance No.
Section 3. This ordinance shall be effective after adoption and thirty days
following its legal publication.
Adopted this day of , 1998.
Mayor
ATTEST:
City Clerk
Date of Publication
Effective Date
(Brackets indicate matter to be deleted, underline indicates new matter.)
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City Council Agenda Item No. 8a
1
•
• MEMO
To: Michael J. McCauley, City Manager /'
From: Ronald A. Warren, Planning and Zoning Specialist• •
Subject: City Council Consideration Item - Planning Commission Application No. 98009
Date: May 20, 1998
On the May 26, 1998 City Council Agenda is Planning Commission Application No. 98009
submitted by the City of Brooklyn Center requesting Site and Building Plan approval and a
Special Use Permit to construct a new fire station at the southeast corner of 63rd Avenue and
Brooklyn Boulevard.
Attached for your review are copies of the Planning Commission Information Sheet for
Planning Commission Application No. 98009 and also an area map showing the location of the
property under consideration, various site and building plans for the proposed development,
• the Planning Commission minutes relating to the Commission's consideration of this matter
and other supporting documents.
This matter was considered by the Planning Commission at their April 14, 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 the Planning Commission.
•
Application Filed on 4 -27 -98
City Council Action Should Be
Taken By 6 -26 -98 )60 Days)
Planning Commission Information Sheet
Application No. 93009
Applicant: City of Brooklyn Center
Location: 6250 Brooklyn Boulevard
Request: Special Use Permit/Site and Building Plan Approval
The City is seeking site and building plan approval and a special use permit to construct a new
16,800 sq. ft. fire station at the southeast corner of 63rd Avenue and Brooklyn Boulevard (6250
Brooklyn Boulevard). The property in question is zoned R -1 (One Family Residence) and the
fire station is considered a special use under the category of "publicly owned structures" as
provided for in Section 35 -310, Subdivision 2e of the zoning ordinance. The subject site is
bounded on the north by 63rd Avenue with the Rainbow store and other commercial
developments on the opposite side of the street; on the east by single family homes facing 63rd
Avenue and Chowen Ave 23
Avenue; on the south by a sm family home at 6��4 Brooklyn Boulevard
y yn ,
and on the west by Brooklyn Boulevard with the Boulevard Shopping Center on the opposite
side of the street.
The Citv has recently acquired the home at 6236 Brooklyn Boulevard. This property combined
with city -owned property containing the current liquor store /fire station building and the public
utility building and well house to the south will be the site of the new fire station. The liquor
store will be relocatin¢ to
the other side of Brooklyn Boulevard in leased space. The liquor
store /fire station buildin will be demolished as will the public utility building, well house and
the house at 6236 Brooklyn Boulevard to make room for the new fire station. The City will
combine these ro erties a
r r into a sin lot through the plattin in the near future.
ACCESS/PARKINI G
The plan calls for two accesses to the site, one at the northeasterly corner of the property onto
63rd Avenue :at approximately the present location for the fire department curb cut. This
driveway wil be reduced in size to approximately 45 feet in width and be shifted slightly to the
east. The current access serving the liquor store will be closed. The second access is on
Brooklyn Boulevard at
the southwesterly comer of the site and the southerly portion of the
access opening will be about where the driveway is for the house at 6236 Brooklvn Boulevard.
This will be a large access (approximately 5 feet at the narrowest point with a Iarge taper) to
accommodate the movement of fire vehicles coming into the site. The access currently serving
the liquor store/fire station and the public utility building and well house will be closed. It is my
understanding that Hennepin County has reviewed the access plan for Brooklyn Boulevard and it
is acceptable. It is also my understanding that the Brooklvn Boulevard median will be extended
Page 1
f iaher to the south, although left turn movements from south bound Brooklyn Boulevard to the
fire station wjIl be accommodated.
The building will be located approximately in the center of the site. We consider the use of the
property to be a service /office type use and we utilize the C -1 requirements for parking, setbacks,
buffering, screening and landscaping. The building will be 16, 800 sq. ft. of which 6,800 sq. ft.
will be for the apparatus room (garage) and the well house and chlorine room for the city well.
The well will continue to be located in the same place, but will be housed on the east side of the
apparatus room in the fire station building. The balance of the building will be made up of
office, training rooms, kitchen, rec room, PE room, four sleeping rooms for firefighters on
overnight watch, locker rooms, laundry, hose tower, mechanical and storage areas and a Iobby.
Considering the service /office parking formula for the remaining 10,000 sq. ft. area would
require 50 parking spaces at one parking space for every 200 sq. ft. of gross floor area. The plan
shows 43 parking spaces, three of which are handicapped. There are a total of 40 volunteer
firefighters on the Brooklyn Center fire department for the two fire stations. The Fire Chief has
indicated that the maximum turn out including reserves is 22 persons per station. Even if every
regular firefighter were to turn out with their own vehicle, there would be enough parking spaces
on this site to accommodate them. Training will be conducted at this site as well, but again, the
proposed parking should be sufficient. It should be noted that most of the parking stalls shown
on the plan are ten feet wide, while 8 ft. 8 in. is the allowable width provided for in the zoning
ordinance. In addition, there is more area to put more parking stalls on the east side of the
property. It is possible to have at least 55 parking spaces on the site. Parking, therefore, is not
considered to be a problem and should be appropriate for this use.
SETBACK AND BUFFER
The building is proposed to be set back 35 feet from the Brooklyn Boulevard property line.
Brooklyn Boulevard is a major thoroughfare requiring building setbacks of 50 feet. Application
No. 98010 is a variance request to allow a 35 ft. rather than 50 ft. building setback and the review
of that matter is detailed in the information sheet for that application. Basically, the fact that the
Brooklyn Boulevard study of a couple years ago recommends closer building setbacks to
Brooklyn Boulevard for non - residential structures is the reason why we are pursuing the variance
request at this time.
There is a 35 ft. greenstrip provided on the plan which meets the ordinance required greenstrip
for a C -.1 use on a major thoroughfare. This also fits in well with the Brooklyn Boulevard study
that encourages making use of landscaping on private property as well as the Boulevard right -of-
way area.
C -1 uses are required to provide 15 ft. buffer areas where they abut R -1 zoned property at a
property line. These buffer areas are provided on the south and west sides where such abutment
exists. A 15 fr. greenstrip is also provided along the 63rd Avenue right -of -way.
5 -14 -98
Page 2
DRAIN, -\GF!GRADINCril iTT LITIFS
Drainage on the site is generally from west to east. B -612 curb and gutter will be provided
around the driving and parking areas. A new 12 inch storm sewer is proposed on the east side of
the property with three catch basins draining into it. The storm sewer will connect into existing
storm sewer in 63rd Avenue. An existing water main will have to be abandoned and relocated as
it would be located under the proposed new building. A new 16 inch water main will be
constructed around the east and south end of the building and connect to existing water main.
This 16 inch water main will also connect to the city well service. A four inch domestic service
and a six inch fire line will connect to the building on the south side. Sanitary sewer will be
provided to the north side of the building from 63rd Avenue.
The City Engineer is reviewing the plans and may offer additional comments. The site is two
acres, less than the five acre threshold for Watershed Commission review, therefore, no such
review is required.
LANDSCAPING
A landscape plan has been submitted in response to the landscape point system used to evaluate
such plans. This site is two acres in area and requires a minimum of 200 landscape points. The
landscaping plan presented shows a total of 422.5 landscape points based on a variety of
plantings including shade trees, evergreen trees, ornamental trees, coniferous shrubs, deciduous
shrubs and perennials.
A total of 16 shade trees are provided, generally in groups of two or three. Six Sugar Maple trees
are planned, three at the southwesterly corner of the building in the '15 ft. greenstrip area between
the building and Brooklyn Boulevard. The other three are located northerly of the building in a
large greenstrip area along 63rd Avenue. Three White Pine are clumped together between the
building and Brooklyn Boulevard in the same greenstrip area and three Pin Oak are located in a
landscape cluster area at the corner of Brooklyn Boulevard and 63rd Avenue. Four Hackberries
are located on the perimeter greenstrip on the east side of the propert two to the north end and
two in the southeast corner. Six Tatarian Maple ornamental trees are provided, three in a cluster
in the south greenstrip separating the southerly parking lot and the single family home to the
south and three about in the middle of the easterly greenstrip. Twenty -four evergreen trees are
interspersed primarily in the south and east greenstrip areas to assist in roviding screening of the
P 5
residential properties from the fire station and parking lot. Seven Colorado Spruce are provided
M these areas and on the 63rd Avenue greenstrip. Eleven Austrian Pine are generally clumped in
groups of three as well as six White Pine, again in the greenstrip separating the residential
properties from the site. Isanti Dog and Arrowwood Viburnum are used to create a lower
lying continuous shrub that is between the evergreen and shade trees in these greenstrip areas.
Dwarf Winged Euonymus, Savin Juniper and Sno Spirea are shrubs grouped in front of
the patio area along Brooklvn Boulevard. Alfredo Viburnum, Stella Daylily, Hughes Juniper,
-14 -93
Pa (ze 3
Autumn Sedum, and Fragrant Sumac are clustered in a circle around a proposed monument sign
at the corner of 63rd and Brooklyn Boulevard. The remaining shrubs include Tauton Yew,
Dwarf Honeysuckle and Alfredo Viburnum, and are clustered around the entrance area along the
north side of the building. All in all the landscape plan well exceeds the minimum landscape
point requirements and appears to be an appropriate plan.
It should be noted that when a C -1 type use abuts an R -1 zoned property at a property line, a
screening device must be located within the protective buffer strip. The ordinance calls for either
an opaque fence or wall or a Council approved substitute. The screening device must be
designed to be in harmony with the residential neighborhood and provide sufficient screening of
the C -1
area. Also, the zoning ordinance requires that all open off street parking areas having
more than six parking spaces and all loading and unloading areas be effectively screened from
view from any abutting residential lots with a solid or opaque fence at least six feet high or such
other device as may be approved by the City Council. A determination should be made as to
whether or not the landscape plan provides sufficient screening to meet these requirements.
BUILDING
As mentioned previously, the building is to be Iocated in the approximate center of the site. The
building elevations have been submitted showing the building exterior. Perhaps the most
prominent feature is the hose tower that extends above the general height of the building. This
has a peaked roof and is approximately 40 feet high. The purpose of the hose tower is to hang
the fire hoses so they dry. The fire hoses are 50 feet in length and they are overlapped and hung
in the hose tower area to dry. A total of eight overhead doors will service the apparatus room
with four doors each located on the northerly and southerly sides of the building. The building
exterior will be a precast concrete, which will be a sandy color with both a light and medium acid
itch treatment which will provide the appearance of two colors. The overhead doors and regular
doors and window frames twill be bronze. Red accent lights will be located between the overhead
doors and by the main door leading into the lobby.
LIGHTING/TRASH
The trash area will be enclosed and located at the southeast corner of the building. Lighting will
be on ten light poles, two in the south parking lot, five along the east side of the site and three by
the north parking lot area. The height of the poles is not indicated on the plan, however, the Fire
f has assured me that the lights v
ghts will be shielded and directed away from the residential area.
SPECIAL USE STANDARDS
A public hearing is scheduled for this special use permit and notices have been sent. Attached
for the Commission's review is a copy of Section 35-220 containing the five standards for
special use permits. As indicated previously. the fire station is a special use in the R -1 zone
-14 -9s
Page
under the catezory of a publicly owned structure. The existing Fire station has been on this
corner since approximately 1959. We believe that the continuation and expansion of the fire
station in this location will not be detrimental to or endanger the public health, safety, morals or
comfort. Furthermore, we do not believe that the use will be injurious to other property in the
immediate vicinity nor will it diminish or impair property values within the neighborhood. We
believe that adequate measures have been or wilt be taken to provide proper ingress and egress as
well as parking, and the site is laid out in such a manner as to minimize traffic congestion on the
public streets. The fire station use, we believe, in all other respects, conforms to the applicable
regulations of the district in which it is located. As previously noted, we consider the fire station
to be a service /office type use and the C -1 district requirements have been applied in this case. It
should be noted, however, that for this application to proceed in the manner in which it is
presented, the City Council will have to approve the setback variance contained in Application
No. 98010.
RECOMMENDATION
Altogether we believe that the plans and special use permit appear to be in order, subject to the
recommendation of a variance under Application No. 98010. Any approval should be subject to
at least the following conditions:
1. The building plans are subject to review and approval by the Building Official with
respect to applicable codes prior to the issuance of permits.
2. Grading, drainage and utility plans are subject to review and approval b the City
PF Y
Engineering Department prior to the issuance of permits.
J. Any outside trash disposal facilities and/or rooftop mechanical equipment shall be
appropriately screened from view.
4. The building is to be equipped with an automatic fire extinguishing system to meet
NFPA standards and shall be connected to a central monitoring device in accordance
with Chapter 5 of the city ordinances.
5. An underground irrigation system shall be installed in all landscaped areas to
facilitate site maintenance.
6. Plan approval is exclusive of all signery which is subject to Chapter 34 of the city
ordinances.
7. B -612 curb and gutter shall be provided in all driving and parking areas.
-14 -98
Page 5
3. An as -built survey of the property, improvements and utility service lines shall be
provided to the City Engineering Department.
9. The landscape screening plan submitted with this application is deemed to be
appropriate screening meeting the intent of the city ordinance for screening between a
serviceloffice type use and R -1 zoned property.
10. Approval of this application is subject to the approval of the building setback variance
comprehended under Application No. 98010.
1-= -98
Paae 6
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Standards fc_ Soecial use Pettit
A special use permit may be granted by the C CCunc l after
demonstration b, evidence that all of the following are met:
(a) The establishment, maintenance or operation of the
• special use will promote and enhance the genera:
welfare and will not be detrimental to or endanger
the Public health, safety, morals, or cemcort.
(b) The special use will not be injurious to the use
and enjoyr.:ent of other property in the immediate
vicinity for the purposes already permitted, nor
substantially diminish and impair property values
within the neighborhood.
(c) The establishment of the special use will not
impede the norm -al and orderly development and
improvement of surrounding property for uses
Permitted in the district.
(d) Adequate measures have been or will be taken to
Provide ingress, egress and parking so designed
as to minimize traffic congestion in the public
streets.
(e) The special use shall, in all other respects,
conform to the applicable regulations of the
district in which it is located.
3. Conditions and Restrictions
The Planning Commission may recommend and the City Council may
impose suc:Z conditions and restrictions upon the establishment,
location, construction, maintenance and operation of the special
use as deemed necessary for the protection of the public interest
and to secure compliance with requirements specified in this ord—
inance. In all cases in which special use permits are granted,
the City Council may require such evidence and guarantees as it
may deem necessary as part of the con
tion therewith, ditions stipulated in connec—
4. Resubmission
No application for a special use permit which has been denied
by the City Council shall be resubmitted for a period of twelve
(12) months • from the date of the final determination by the City
Council; except that the applicant may set forth in writing newly
discovered evidence of charge of condition.upen which he relies to
gain the consent of the City Council for resubmission at an earlier
ti-e.
5. Revocation and 'Extension of Soecial Use Pe_=Lts
When a special use per has been issued pursuant to the O ro —
v_sions of this ordinance, such permit shall expire without further
action by the Planning Commission or the City Council unless the
applicant or his assignee or successor cem.:.ences work upon the sub —
• ject property within one year of the date the special use permit is
granted, or unless before the expiration of the one year period the
applicant shall apply for an extension thereof by filling out and
submittin to the F the P
g Secretary e. e lanning Ccm.^iissicn a "Special
Use Perzit" application requesting such extension and paying an
additional fee of $15.00.
Soecial use permits granted pursuant to the provisions of a
Prior ordinance of Brooklyn. Center shall expire within one year of
the effective date of ordinance if copal a '
rug t _cn upon the sub -
7e t property pursuant to such special use pe =tit has tot ccmrenced
w th_nthat time.
instance where an existing and establ s
any
a' Zandcned a .hec special use
a_ cer cd o: cne year, the S=ec
`ed reto shall s _al use per it
l
scent. sha 'xp one year =ollcwi 9 the date of abandcn—
City Council Agenda Item No. 8b
• MEMO
To: Michael J. McCauley, City Manager
From: Ronald A. Warren, Planning and Zoning Speci ist
Subject: City Council Consideration Item - Planning Commission Application No. 98010
Date: May 20, 1998
On the May 26, 1998 City Council Agenda is Planning Commission Application No. 98010
submitted by the City of Brooklyn Center requesting a Variance to from Section 35 -400 to
allow a 35 ft. building setback rather than a 50 ft. building setback required along a major
thoroughfare.
Attached for your review are copies of the Planning Commission Information Sheet for
Planning Commission Application No. 98010 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 mat a
ter was considered by the Planning Commission at their May 14, 1998 meeting and
b
was recommended for approval.
It is recommended that the City Council, following consideration of this matter, approve the
application subject to the conditions of the Planning Commission.
•
Application Filed On 4 -27-98
City Council Action Should Be
Taken By 6 -26 -98 (60 Days)
Planning Commission Information Sheet
Application No. 98010
Applicant: City of Brooklyn Center
Location: 620 Brooklyn Boulevard
Request: Variance
The City is seeking a variance from Section 35 -400 of the city ordinances which requires a 50 ft.
building setback for structures located along a major thoroughfare. Application No. 98009
comprehends the site and building plan and special use permit for a new fire station in an
expanded location at the southeast corner of 63rd and Brooklyn Boulevard. Essential to that plan
is allowing the building to be built at a 35 ft. setback rather than the 50 ft. required setback.
Thirty -five feet is the standard front yard setback for buildings along a non -major thoroughfare.
One of the reasons for proposing the 35 ft. building setback is the attempt to incorporate the city
well in the proposed fire department building. It is a very expensive proposition to relocate the
existing well. This, along with the fire department needs, have dictated the shape and location of
the building on the property.
Another factor leading to the setback variance request is the two Brooklyn Boulevard studies
• undertaken by the City over the past few years which have provided various recommendations as
to ways to encourage improved redevelopment along Brooklyn Boulevard. One study was the
Brooklyn Boulevard Redevelopment Study of 1993 and the other was the Brooklyn Boulevard
Streetscape Amenity Study of 1994. Both of the studies recommended that the City allow non-
residential buildings in the Brooklyn Boulevard corridor to be built closer to the street than the
current required building setback. One study even favored the City establishing a specific
building setback line closer than the current required setback that would be required for all
buildings in order to provide enclosure and a continuous public facade. The amenity study,
which was not quite as rigid, recommended locating non - residential buildings. or parts of non-
residential buildings, close to the edge of street right- of -wav and to increase the land intensities
in the Brooklyn Boulevard corridor. It further recommended only allowing no more than one
bay of parking between the sidewalk and the building if the building is back from the right -of-
way. Building setbacks not separated from the street by parking should be landscaped. It also
recommended the increase of land densities in the Brookl Boulevard corridor and encouraged
higher density developments which are located closer to the street. Allowing setbacks to be
closer to the street right -of -way line also provides for a better utilization of lots that lack depth
off of Brooklyn Boulevard.
5 =1 9S
Page 1
We have contemplated and will be pursuing an overlay ordinance that will incorporate these
Brooklyn Boulevard recommendations and it is likely that the non - residential setbacks ma be
completely eliminated. In effect what is being requested in this application is an interim variance
until the regulations are adopted.
We are encouraging plans that provide more landscaping, greenstrips and less parking between
buildings and the street right -of -way, if possible, along Brooklyn Boulevard. The Rainbow
development on the north side of 63rd Avenue with the two buildings close to Brooklyn
Boulevard and landscaping between them and the street follows that model, although 50 ft.
building setbacks were maintained. There is expanded landscaping and limited parking between
the street and Walgreen's, while no parking and landscaping and a pond are between the
Hollywood Video building and Brooklyn Boulevard. Again, we are encouraging non - residential
buildings to be closer to Brooklyn Boulevard and more landscaping and less parking on the
boulevard. The fire department plan accomplishes this.
Variances can be granted by the City Council upon a determination that the standards for
variance are met. Interim variances have been granted in anticipation of changing requirements.
T'nere is always concern with any variance that a precedent will be set. The only precedent set by
the granting of the variance in question would be to allow non - residential buildings to have a 35
ft. setback rather than a 50 ft. setback along Brooklyn Boulevard and this would be consistent
with the plan recommendations of the two Brooklyn Boulevard studies.
The variance standards refer to physical surroundings, shape or topographical conditions creating
a particular hardship as opposed to a mere inconvenience if the strict letter of the regulations
were carried out. Standard B refers to variances being unique to a parcel of land and not
common generally to other properties within the same zoning classification. Standard C requires
that the alleged hardship be related to the requirements of the ordinance and not created by
persons presently or formerly having an interest in the parcel of land. And finally, Standard D
requires that a variance not be detrimental to the public welfare or injurious to other land or
improvements in the neighborhood in which the parcel of land is located.
As indicated previously, the location of the city well may create a physical condition causing a
particular hardship in the building development. The situation may not be totally unique if the
variance is granted, but again, the only precedent established would be to allow a 35 ft. building
setback for a non - residential building along Brooklyn Boulevard, which would be consistent with
the recommendations of the Brooklyn Boulevard plan. We also do not believe that the granting
of the variance will be detrimental to the public welfare, in fact, the location and configuration of
the fire department may well be considered a benefit to the public welfare.
A public hearing has been scheduled and notices of the Planning Commission's consideration
have been sent.
-lY -9S
Page
RECO)i�tENDATION
It is recommended that the Planning Commission recommend approval of the variance request to
allow a 35 ft. building setback rather than the 50 ft. major thoroughfare setback for the Brooklyn
Center West Fire Station building on the basis of it being consistent with the recommendations
of the Brooklyn Boulevard studies which would allow non - residential buildings to be located
close to the street right -of -way along Brooklyn Boulevard and that the proposal meets the
Standards for Variance particularly with respect to hardship and not being detrimental to the
public welfare or injurious to other land or improvements in the neighborhood.
5 -1 ' -93
Page
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CITY OF BROOKLYN CENTER
6301 SHINGLE CREEK PARKWAY
Anyone contemplating a request for a variance from the Zoning Ordinance should consult with the
Orposes anning staff, prior to submitting an Application to the Board of Adjustments and Appeals, for the
of familiarization with applicable ordinance standards and evaluation of the particular
circumstances.
A prospective applicant will provide documents and information, as requested by the Secretary, to the
Board of Adjustments and Appeals or to the City Council. An application must be submitted fourteen
(14) days prior to the regular meeting of the Board.
In instances where the strict enforcement of the literal provisions of this zoning ordinance would cause
undue hardship because of circumstances unique and distinctive to an individual property under
consideration, the City Council will have the power to grant variances, in keeping with the spirit and
intent of this ordinance. The provisions of this ordinance, considered in conjunction with the unique and
distinctive circumstances affecting the property, must be the proximate cause of the hardship;
circumstances caused by the property owner or his predecessor in title will not constitute sufficient
justification to grant a variance.
The Board of Adjustments and Appeals may recommend and the City Council may grant variances from
the literal provisions of this ordinance in instances where their strict enforcement would cause undue
hardship because of circumstances unique and distinctive to the individual property under consideration.
However, the Board will not recommend and the City Council will in no case permit as a variance any use
that is not permitted under this ordinance in the district where the affected person's land is located. A
variance may be granted by the City Council after demonstration by evidence that all of the following
qualifications are met:
(A) Because of the particular h sical surroundings, P Y shape, or topographical conditions of the
specific parcels of land involved, a particular hardship to the owner would result, as
distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried
out.
(B) The conditions upon which the application for a variance is based are unique to the parcel of
land for which the variance is based are unique to the parcel of land for which the variance is
sought, and are not common, generally, to other property within the same zoning classification.
(C) The alleged hardship is related to the requirements of this ordinance and has not been created
by any persons presently or formerly having an interest in the parcel of land.
(D) The granting of the variance will not be detrimental to the public welfare or injurious to other
land or improvements in the neighborhood in which the parcel of land is located.
The Board of Adjustments and Appeals may recommend and the City Council may impose conditions and
restrictions in the granting of variances so as to insure compliance with the provisions of this ordinance
and with the spirit and intent of the Comprehensive Plan and to protect adjacent properties.
Copies of the Zoning Ordinance may be obtained frcm the Administrative Office.
Q esticns should be directed to the Community Ceveiopment Department, at (61 2) 569-3330.
•
Standards and Procedures ior Zoning ordinance variances
Revised 2 -95
MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF
HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
MAY 14, 1998
CALL TO ORDER
The Planning Commission met in a regular session called to order by Chair Willson at 7:30 p.m.
ROLL CALL
Chair Tim Willson, Commissioners Graydon Boeck, Stephen Erdmann, Edward Nelson, Rex
Newman, and Dianne Reem were present. Also present were Secretary to the Planning
Commission/Planning and Zoning Specialist Ronald Warren, Assistant City Manager Jane
Chambers, Community Development Specialist Tom Bubli and Planning Commission Recording
ty P P 1� g g
Secretary Arlene Bergfalk.
APPROVAL OF MINUTES - APRIL 30. 1998
There was a motion by Commissioner Nelson, seconded by Commissioner Boeck, to approve the
minutes of the April 30, 1998 meeting as submitted. The motion passed unanimously.
Commissioner Newman abstained.
CHAIR'S EXPLANATION
Chair Willson explained the Planning Commission's role as an advisory body. One of the
Commission's functions is to hold public hearings. In the matters concerned in these hearings, the
Commission makes recommendations to the City Council. The City Council makes all final
decisions in these matters.
ECONOMIC DEVELOPMENT AUTHORITY - APPLICATION NO. 98008
Chair Willson introduced Application No. 98008, submitted by the Economic Development
Authority (EDA) of the City of Brooklyn Center, requesting preliminary plat approval to create 16
new single family residential lots and two outlots out of property located between 4th Street North
and Br Avenue North north of 53rd Avenue. The a p p lication was filed on 04 -23 -98 and City
ry � PP
Council action should be taken by 06 -22 -98 (60 days).
Mr. Warren presented the staff report and used overhead transparencies to show the location of the
6.48 acre property and the preliminary plat to be known as Bellvue Lane Addition. (See attached
Planning Commission Application Information Sheet dated 05- 14 -98.) Except for 25,000 sq. ft. of
land zoned R -4, the property is zoned R -2. A separate application to rezone the R -4 portion to R -2
will come before the Commission at its meeting on June 11, 1998.
5 -14 -98 1
• This plan, a result of EDA property acquisition along with neighborhood meetings, provides for a
greenstrip amenity along 53rd Avenue North and new housing in the area. Mr. Warren described
the various lot sizes and the plans for construction of the new roadway ( Bellvue Lane), new drainage
and utility installations, and other street improvements in the area. The 50 ft. wide greenstrip,
developed on Outlots A and B, separate the new lots from 53rd Avenue North.
Notice of a public hearing on the Application scheduled at this meeting was published in the
Sun/Post.
Mr. Warren stated the proposed preliminary plat appears to be in order and recommended approval
of the application subject to 3 conditions outlined in the staff report. Mr. Warren indicated that
Community Development Specialist Tom Bublitz is present to review the project plan for the
greenstrip and the plans and timing for construction of new homes in this area.
At Chair Willson's request, Mr. Bublitz provided additional background information about the
EDA's work on this project, reviewed the proposed timeline and tasks for completion, methods for
marketing and development, design and construction of the project. He showed examples of house
designs and floor plans expected to be built. It is anticipated that construction of 3 model homes will
be completed by late summer or early fall 1998. The homes will sell in the $140,000- 150,000 range;
however, input on the selling prices from the assessor and real estate professionals is expected.
• Commissioners had questions concerning the purpose of the project and City costs of the project
(including property purchase, relocation, demolition, streets, utilities, marketing and management).
Commissioners expressed concerns on various matters such as: management of the project, taking
of park property, the "break -even point" of the project, maintenance of the greenstrip, connections
to the Mississippi River, regional parks and trails, orientation of homes on lots, fencing, buffering
of traffic, security of residents, involvement and discussion (if any) with the City of Minneapolis,
impact on the "critical area," and the sizes of some lots. Messrs. Bublitz and Warren responded to
Commissioners' questions and concerns based on current information available to them.
The Planning Commission generally viewed the Bellvue Lane Addition preliminary plat presented
at this time as incomplete and premature since many questions and concerns have been raised. A
major concern at this time is the need for input from the City of Minneapolis and County
Commissioner Opat with respect to adjacent project(s) and to determine whether
coordination/relationship may be beneficial. It was noted that a meeting of County and Minneapolis
officials with Mayor Kragness is apparently scheduled for the near future to discuss mutual interests
in the subject area.
PUBLIC HEARING -.APPLICATION NO. 98008 - ECONOMIC DEVELOPMENT AUTHORITY
There was a motion by Commissioner Nelson, seconded by Commissioner Newman, to open the
public hearing on Application No. 98008 at 8:45 p.m. The motion passed unanimously.
Chair Willson called for comments from the public.
•
5 -14 -98 2
Ms. Nancy Carlson, 6024 Aldrich Avenue North, expressed surprise at the depth of the
Commissioners' questioning and discussion on the project. She explained her role as a
neighborhood/political activist in the affected area and reported that residents of the neighborhood
are appalled at the proposed plans that include a high wall, large berm, and placement of homes on
the lots. In addition, she stated there are pending discussions scheduled with Minneapolis and
Hennepin County officials regarding projects in the area. Ms. Carlson urged the Commission to
delay any action on the project to allow for additional discussion to be completed with officials of
the City of Minneapolis and Hennepin County regarding projects in the area.
Chair Willson called for additional comments from the public. No other individuals from the public
appeared before the Commission during the public hearing on Application No. 98008.
CLOSE PUBLIC HEARING - A.PPLICATION NO. 98008
There was a motion by Commissioner Newman,. seconded by Commissioner Boeck, to close the
public hearing at 8:50 p.m. The motion passed unanimously.
Chair Wilson called for additional questions /discussion from the Commissioners. It was noted that
elevations do not appear on the plat and matters regarding re- zoning, variations, and landscaping,
etc. remain to be considered and resolved. Based on the issues and concerns expressed by the
Commissioners and the lack of input from the City of Minneapolis and Hennepin County, the
Commissioners agreed to table action on Application No. 98008.
ACTION TO TABLE CONSTDERATION OF APPLICATION NO. 98008 - ECONOMIC
DEVELOPMENT AUTHORITY
There was a motion by Commissioner Reem, seconded by Commissioner Boeck, to table
Commission action on Application No. 98008, a request submitted by the EDA (City of Brooklyn
Center) for preliminary plat approval to create 16 new single family residential lots and two outlots
out of 6.48 acres of property located between 4th Street North and Bryant Avenue North, north of
53rd Avenue.
Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Nelson, Newman, and Reem. The
motion passed unanimously.
CITY OF BROO CENTER - APPLICATION NO. 9 8009 AND APPLICATION NO. 98010
Chair Willson introduced Application No. 98009, a request submitted by the City of Brooklyn
Center for site and building plan approval and a special use permit to construct a new fire station at
the southeast corner of 63rd Avenue North and Brooklyn Boulevard, and Application No. 98010,
submitted by the City of Brooklyn Center, requesting a variance from Section 35 -400 to allow a 35
ft. building setback rather than a 50 ft. building setback required along a major thoroughfare (related
to Application No. 98009 - construction of new fire station). These applications were filed on 04 -27-
98 and City Council action should be taken by 06 -26 -98 (60 days). The Commissioners agreed to
consider both applications concurrently.
5 -14 -98 3
. APPLICATION NO. 98009
Mr. Warren presented the staff report using overhead transparencies to show the location and site
and building plans for construction of a new 16,800 sq. ft. fire station at 6250 Brooklyn Boulevard.
(See attached Planning Commission Application Information Sheet dated 05- 14 -98.)
Mr. Warren described the combined properties that comprise the site that will be platted into a single
lot. Demolition of existing buildings and relocation of the liquor store will clear the site for a new
fire station. The property is zoned R -1 and the station, as a publicly owned structure, is considered
a special use in that zone.
Using overhead transparencies, Mr. Warren outlined the location of two accesses to the site, the
position of the fire station building, the floor plans, parking, and landscaping. C -1 zoning
requirements are imposed on the property. Mr. Warren noted that special attention be given to the
adequacy of screening in specific areas of the site because of ordinance stipulations where C -1 use
abuts R -1 zoned property. A new storm drain, water main, and sanitary sewer line will be
constructed on the property. The City Engineer is reviewing the plans and may have additional
comments.
Mr. Warren pointed out that the building is proposed to be set back 35' from the Brooklyn Boulevard
property line. Application No. 98010 details the variance required to allow the 35' setback rather
than the 50' setback required from a major thoroughfare (Brooklyn Boulevard).
Mr. Warren stated the site and building plans appear to be in order and meet the five standards under
Section 35 -220 for a special use permit and recommended approval of Application No. 98009,
subject to approval of Application No. 98010, and subject to 10 conditions outlined in the staff
report.
` APPLICATION NO. 98010
Mr. Warren presented the staff report which details the need for a setback variance related to
construction of a new fire station at 6250 Brooklyn Boulevard (Application No. 98009). (See
attached Planning Commission Application Information Sheet dated 05- 14 -98.)
The City seeks a variance from Section 35 -400 which requires a 50' building setback for structures
located along a major thoroughfare. Site and building plans under Application No. 98009 provide
for construction of the building at a 35' setback which is the standard front yard setback for buildings
along a non -major thoroughfare.
Mr. Warren explained the reasons for building at the 35' setback line. A major justification is the
need to incorporate the existing city well on the property into the building plans since relocation of
a well is a costly endeavor. In addition, Brooklyn Boulevard studies done over the past few years
recommend and encourage the City to allow non - residential buildings in that corridor to be
constructed closer to the street than currently required to provide enclosure and a continuous public
facade. This approach would also provide for less parking space adjacent to the Boulevard and more
landscaping opportunities, and allow better utilization of lots lacking depth. Changes in the
5 -14 -98 4
applicable ordinance are contemplated, therefore this variance request can be considered an interim
variance until new regulations are adopted.
Mr. Warren illustrated how the request meets the five standards for variances under Section 35 -400,
noting that Standard A regarding hardship is met by the need for the City to avoid costly relocation
of an existing well. The request is also consistent with recommendations of Brooklyn Boulevard
studies which endorse ways to create a more pleasing, attractive Boulevard/streetscape.
The staff recommends approval of the variance request to allow a 35' building setback rather than
a 50' setback along Brooklyn Boulevard for the West Fire Station building based on the reasons
outlined in the staff report/information sheet.
Notices on the public hearings scheduled for Application Nos. 98009 and 98010 have been mailed
to surrounding property owners as required.
Chair Willson called for comments from the Commissioners.
Commissioner Boeck requested clarification regarding the accesses to the fire station site. A wide
access to accommodate fire trucks on Brooklyn Boulevard will be located at approximately where
the current driveway is at 6236 Brooklyn Blvd; there will be no turn lanes and existing driveways
will be closed. Extension of the median on Brooklyn Blvd is designed to prohibit dangerous turns
across traffic from driveways on the other side of the Boulevard. The access on 63rd Avenue, while
offset somewhat from the Rainbow entrance, will be reduced from its current width. The
Commissioners acknowledged that due to the nature of a fire station with limited in and out traffic,
the recommended accesses to the site are acceptable.
Parking on the site was discussed further with changes suggested to improve traffic flow on the east
side of the site where the traffic lane is rather narrow and to take into consideration avoiding
headlight glare into the residential areas. It was noted that although the 10' parking stalls provided
are wider than the allowable 8'8" width, the site can accommodate at least 55 spaces, more than
adequate to service the need and meet the ordinance requirements.
Commissioner Reem had concerns regarding adequate screening between the site and the residential
areas in terms of fencing, landscaping, lighting, parking, and trash disposal. Mr. Jeff Melchert,
representing MelchertfBlock Associates, further detailed the landscaping and screening plans
adjacent to the residential areas, and responded to Reem's questions. The Commissioners considered
and discussed improvements to the screening plans.
The Commissioners agreed to conduct a combined public hearing on Application Nos. 98009 and
98010.
5 -14 -98 5
• PUBLIC HEARTNCJ - APPI_,ICATION NOS. 98009 AND 98010 - CITY OF BROOKLYN
CENTE$
There was a motion by Commissioner Newman, seconded by Commissioner Nelson, to open the
public hearing on Application Nos. 98009 and 98010 at 10 p.m. The motion passed unanimously.
Chair Willson called for comments from the public.
Ms. Jane Chambers, Assistant City Manager, introduced Mr. Al Mojrud, Mojrud Architecture,
Minneapolis. Mr. Mojrud displayed a composite photograph of the building. He stated that the
offset access on 63rd will create no traffic conflict and noted that the Fire Department will be
authorized to control the traffic lights at the 63rd Avenue/Brooklyn Boulevard intersection. He
commented on the space for traffic flow, the fencing and landscaping on the east side of the site,
exterior lighting, and signage. Mr. Mojrud noted that the City staff has been outstanding to work
with on this project. The cost of the new station is $2.6 million.
Ms. Chambers reviewed the agreement with the residential/home business owner on the east side
who requested that no fencing be constructed between the two properties to allow for continued
parking for his property. Ms. Chambers reported that the bids are out for the pre -cast concrete since
the material requires a lengthy lead time. A 10 month construction period is expected to begin in
August/September. Ms. Chambers is coordinating design and cost efficiencies with the Bosshardt
Corporation for both the new fire station and new police station.
• No other individuals from the public appeared before the Commission during the public hearing on
Application Nos. 98009 and 98010.
CLOSE PUBLIC H - APPLICA N OS. 980 09 AND 98010
There was a motion by Commissioner Newman, seconded by Commissioner Reem, to close the
public hearing at 10:15 p.m. The motion passed unanimously.
ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 98010 - CITY OF
BROOKLYN CENTER
There was a motion by Commissioner Boeck, seconded by Commissioner Reem, to recommend to
the Council that it approve the City's Application No. 98010, to allow a 35 ft. building setback rather
than the 50 ft. major thoroughfare setback along Brooklyn Boulevard, for the Brooklyn Center West
Fire Station building. The Commissioners concluded that:
- approval is consistent with Brooklyn Boulevard studies encouraging non - residential
buildings to be located close to the street right -of -way along the Boulevard, and
- the proposal meets the Standards for Variance, particularly with respect to hardship and
not being detrimental to the public welfare or injurious to other land or improvements
in the neighborhood.
Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Nelson, Newman, and Reem. The
motion passed unanimously.
5 -14 -98 6
• At Commissioner Boeck's recommendation, based on the Commission's discussion, it was agreed
that Application No. 98009, be subject to an additional condition (No. 11) to provide for improved
screening on the south and south east sides of the fire station site that abut residential property.
Commissioner Nelson disagreed, however, and stated that the limited use of the site in terms of
parking did not justify additional fencing in those areas.
ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 98009 - CITY OF
BROOKLYN CENTER
There was a motion by Commissioner Boeck, seconded by Commissioner Reem, to recommend to
the Council that it approve Application No. 98009, a request submitted by the City for site and
building plan approval and a special use permit for construction of a new fire station at the southeast
corner of 63rd Avenue North and Brooklyn Blvd., subject to the following conditions, in addition
to the variance approved under Application No. 98010:
1. The building plans are subject to review and approval by the Building Official with
respect to applicable codes prior to the issuance of permits.
2. Grading, drainage and utility plans are subject to review and approval by the City
Engineering Department prior to the issuance of permits.
3. Any outside trash disposal facilities and/or rooftop or on- ground mechanical equipment
shall be appropriately screened from view.
•
4. The building is to be equipped with an automatic fire extinguishing system to meet
NFPA standards and shall be connected to a central monitoring device in accordance
with Chapter 5 of the City ordinances.
5. An underground irrigation system shall be installed in all landscaped areas to facilitate
site maintenance.
6. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City
ordinances.
7. B -612 curb and gutter shall be provided in all driving and parking areas.
8. An as -built survey of the property, improvements and utility service lines shall be
provided to the City Engineering Department.
9. The landscape screening plan submitted with this application is deemed to be appropriate
screening to meet the intent of the City ordinance for screening between a service /office
type use and R -1 zoned property.
10. Approval of this application is subject to the approval of the building setback variance
• comprehended under Application No. 98010.
5 -14 -98 7
11. In addition to the landscaping shoe m on the plan, a 4 foot high opaque fence shall be
constructed along the south and south easterly sides of the site adjacent to all proposed
• or future parking stalls. The fence is to be located on the interior side of the 15 ft.
greenstrip.
Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Newman, and Reem. Voting
against: Commissioner Nelson. The motion passed unanimously.
The Council will consider these recommendations at its Tuesday, May 26, 1998 meeting. The
applicant must be present. Major changes to the applications as reviewed by the Commissioners will
require that the applications be returned to the Commission for reconsideration.
OTHER BUSINESS
The next meeting of the Planning Commission is scheduled for Thursday, May 28, 1998.
Mr. Warren described a request from the Highway 100 Racquet and Swim Club for permission to
allow one of it's temporary covered tennis facilities to remain up throughout the year to determine
whether its clientele is interested in a permanent year -round tennis facility. The Fire Chief and
Building Official have no objections to the facility being up for a longer period on a test basis. He
explained that if they decide to have a year round covered facility, they will have to seek site and
building plan approval for a permanent addition to the building that will have a consistent exterior
treatment and will include other things they need for fire sprinklers. It was the consensus of the
Commission that one tennis facility be allowed to remain at that location past the permitted 6 months
• during 1998.
Mr. Warren advised that a change in the exterior and accent coloring of the new Spiritual Life
Church has been reported to the City. He indicated the change is considered an upgrade to the
facility and will consist of a rock faced panel rather than a smooth precast concrete panel as
originally proposed.
Commissioner Newman inquired about the permit required for automobile sales by the Credit Union
located on Xerxes Avenue. Mr. Warren explained that two 10 -day administrative permits are
allowed annually for such activities.
ADJOURNMENT
There was a motion by Commissioner Boeck, seconded by Commissioner Nelson, to adjourn the
Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 10:35
p.m.
Chair
Recorded and transcribed by:
Arlene Bergfalk
TimeSaver Off Site Secretarial, Inc.
5 -14 -98 8
City Council Agenda Item No. 9a
Member introduced the following resolution and moved its
is adoption:
RESOLUTION NO.
RESOLUTION SUPPORTING ROBBINSDALE AREA SCHOOL DISTRICT ARTS
PROGRAMS
WHEREAS, the Robbinsdale Area Schools and the City of Brooklyn Center believe a
comprehensive arts program is essential for quality education because the arts are fundamental to learning,
because the arts are necessary in understanding culture /heritage, and because the arts improve the quality
and depth of other learning experiences; and
WHEREAS, the Comprehensive Arts Planning Program (CAPP) committee supports
Robbinsdale Area Schools' comprehensive arts program by communicating the importance of the arts in
schools, promoting arts education, initiating arts events, and creating opportunities for arts involvement
by the total community; and
WHEREAS, District 281 was chosen in 1983 as one of the first CAPP sites, and received
a major grant to implement discipline -based art education from the J. Paul Getty Center for Education in
the Arts, 1985 -88; and
WHEREAS, the Minnesota Alliance for Arts in Education selected District 281 school
board as the 1989 -90 entry for the Kennedy Center /National School Boards Association Award because
• of its significant contributions, advocacy, and financial support for arts programs in the school district; and
WHEREAS, District 281 consistently wins awards for its programs, student newspapers
and yearbooks; the National School Boards Association featured the K -12 visual art program as one of four
model programs; the first musical produced in Minnesota high school was in District 281, and it is the only
school district in the nation to receive the Children's Theatre Foundation Gold Medallion.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center that the City of Brooklyn Center joins the school board of Robbinsdale Area Schools in support of
the district arts programs and declares the 1998 -99 school year as a year to place "Accent on the Arts."
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. 9b
•
City of Brooklyn Center
A great place to start. A great place to stay.
MEMORANDUM
TO: Mayor Kragness, Councilmembers Carmody, Hilstrom, sman, and Peppe
FROM: Michael J. McCauley, City Manager
DATE: May 21, 1998
SUBJECT: Update on Auction
City Manager will provide verbal update.
•
6301 Shingle Creek Pkwy, Brooklyn Center, IIN 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. 9c
•
•
Member introduced the following resolution and moved its
• adoption:
RESOLUTION NO.
RESOLUTION AMENDING THE POLICY AND PROCEDURE ON MAYOR
AND COUNCIL MEMBER TOTAT,, COMPENSATION
WHEREAS, the City Council established the Policy and Procedure on Mayor and
Council Member Total Compensation on January 10, 1994; and
WHEREAS, the Financial Commission is recommending that the Policy and
Procedure on Mayor and Council Member Total Compensation be amended to clarify the
comparison to other cities.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center to amend the Policy and Procedure on Mayor and Council Member Total
Compensation by adoption of the attached revision.
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.
May 1998 recommended revision
•
POLICY AND PROCEDURE ON
MAYOR AND COUNCIL MEMBER TOTAL COMPENSATION
I. NEED FOR POLICY:
The community is entitled to a clearly articulated, written description of the policy and procedure
for establishing the total compensation of local elected officials.
II. POLICY:
1. Service on the City Council is a civic obligation and an honor. The total
compensation of the Mayor and Council Members should, therefore, not encourage
candidacies based on monetary rather than public service objectives. However, the
compensation of Brooklyn Center elected officials shall be fair and equitable in
order to attract qualified candidates for local elective office.
2. The propriety of the compensation levels of the Mayor and Council Members shall
be evaluated through comparisons with compensation paid to similar officials
within the seven county metropolitan area.
3. The compensation levels of elected officials should be regularly reviewed and
adjusted to ensure compliance with the objectives of this policy and to avoid the
need for drastic or sudden compensation adjustments.
4. Compensation set pursuant to this policy and procedure shall be deemed to be the
total compensation for elected officials of the city with the exception of expense
reimbursement which shall be the same as provided all other city employees.
III. PROCEDURE:
1 • Bally vtiuttet -�sui cy �f viiiY� ilouiivii pal tv
offiei'&13 6f conlpala sizcd lllunicipalides -with siluilal - 1 s' Lu3z;cts and ta x
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3cs * uI tli�, JCV1. ;; 11 { 1.VU�ei:"Qpol t 'T�Aii all.a. .iul vc,yJ iil�.�iali;ii 17y L12e 1�JJl�G1a�['2o2
of `rop l�'Iu111c1pQ1itics Vl tllc LcQ1UI+ l3 £l itli,J 111C1y L,. ut
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lit lieu cft' ilie city P vlaiiur ` %i a a ui v i,y .
271. The City Manager shall biennially prepare a compensation report that contains an
analysis ooh:, sui cc *, if6ll,:,,a'iol-1 of the compensation paid to elected officails of
rninneapolis -St. Paul Area Metropolitan cities having a population within 10, 000
of the City of Brooklyn Center that are generally fully developed. {Such grouping
• shall include the cities of Richfield, Roseville, Maplewood, Fridley, Shoreview,
White Bear Lake, Crystal, New Hope, and Golden Valley, in addition to the City
of Brooklyn Center.) The report shall compute the average and median amounts
paid to Mayors and Council Members and correlate survey results to the current
compensation of Brooklyn Center elected City officials. The City Manager shall
assemble such additional information on compensation of city elected officials as
may be requested to assist the Commission and Council in their review of elected
official's compensation.
372. The City Manager shall submit the compensation report to the City Council and the
Financial Commission prior to June 1, for information pertaining to the applicable
calendar year.
4-3. The Financial Commission shall biennially review the City Manager's
compensation report and discuss possible budgetary and public perception impacts
of the indicated changes. Prior to July 1, of the same year, the Commission shall
recommend to the City Council that the compensation of the Mayor and Council
Members either remain the same or be changed to some specific amount in the
manner prescribed by law.
5 Consistent with the City Charter, Section 2.07, the Mayor and Council Members
may, after conducting public hearings, set their compensation by ordinance. No
change in compensation shall be in effect until January 1, following the next
succeeding general election.
IV. AUTHORITY:
The authority for establishing compensation for the Mayor and Council Members is found in
Minnesota Statutes 415.11 and the City of Brooklyn Center Charter, Section 2.07.
MEMORANDUM
TO: Michael J. McCauley, City Manager
FROM: Charlie Hansen, Finance Director Ch
DATE: Ma y 20 , 1998
SUBJECT: Recommendation of the Financial Commission for a Change
in the Policy and Procedure on Mayor and Council Member
Total Compensation
The City's Financial Management Policies contain a Policy and Procedure on Mayor and
Council Member Total Compensation. Its purpose is to provide a process whereby the
Financial Commission shall review the City Council's compensation and recommend to
the City Council appropriate changes to the compensation. Such changes take effect after
the next election according to state law. The City's Policy and Procedure on Mayor and
Council Member Total Compensation was adopted on January 10, 1994.
The Financial Commission conducted this review at the Commission's meetings on April
i 7, 1998 and May 5, 1998. The Financial Commission concluded that the policy itself
could be improved by some revisions to its language.
The 1994 policy called for comparisons to be made to cities of similar size (i.e.
population), budget, and tax bases. These three measures could yield slightly different
groups of cities for comparison. Also, the data for budget and tax base comparison wasn't
as readily available as one might expect. It is recommended to simplify this by just
comparing to fully developed metro cities with populations within 10,000 of Brooklyn
Center. The recommendation goes on to name cities currently fitting the definition,
although they may change over time.
The recommendation also adds the requirement that computations of the average and
median values be made of the compensation of the other cities for comparison to Brooklyn
Center.
After the review, the Financial Commission concluded that changes would be appropriate.
A draft copy of the May 5, 1998 Financial Commission meeting minutes are attached. The
Commission voted unanimously to recommend the revised policy to the City Council. A
resolution is attached which provides for the adoption of the revised policy.
•
MINUTES OF THE PROCEEDINGS OF THE FINANCIAL COMMISSION
OF THE CITY OF BROOKLYN CENTER
MAY 5, 1998
CITY HALL, CONFERENCE ROOM B
CALL TO ORDER
Chair Donn Escher called the meeting to order at 7:03 P.M. in Conference Room B.
ROLL CALL
Present at roll call were Chair Donn Escher, Commissioners: Larry Peterson, Jerry Blamey, Jay
Hruska, and Stanley Leino. Also present were Council Liaison Kay Lasman, City Manager
Michael McCauley and Finance Director Charlie Hansen. Commissioners Ron Christensen and
Michael Weidner were absent and unexcused.
Approval of Minutes,
A motion was made by Commissioner Jay Hruska to approve the minutes of the April 7, 1998
meeting. Commissioner Larry Peterson seconded the motion and all members voted in its favor
except for Commissioner Stanley Leino who abstained.
Agenda
A motion was made by Commissioner Jerry Blarney to approve the agenda. Commissioner Jay
Hruska seconded the motion and all members voted in its favor.
Report on Policy and Procedure Relating to City Co ntractual Services For Nonprofit
Organizations.
Kay Lasman.reported that the City Council had adopted the revision to the Policy and Procedure
Relating to City Contractual Services For Nonprofit Organizations at its April 27, 1998 meeting
as recommended by the Financial Commission.
Discussion of a compensation level for the Mayer and Council Members for 1999 and 2000.
Jerry Blarney and Larry Peterson reported that they had reviewed the City's policy as assigned at
the April meeting and were recommending that the policy be modified to specify that inner ring
suburbs be used for comparison. After extensive discussion, Mike McCauley suggested language
to amend the policy. Commissioner Larry Peterson moved to recommend to the City Council the
revised Policy and Procedure on Mayor and Council Member Total Compensation. Commissioner
Jay Hruska seconded the motion and all members voted in its favor.
The discussion moved on to recommending compensation levels for 1999 and 2000. It was noted
that the current compensation levels are in bemeen the average and medians of comparable cities
identified in the recommended policy. It was felt that compensation should be raised at a rate
which would hold this position in comparison to the other cities.
18 Commissioner Larry Peterson moved to recommend to the City Council that the Mayor and
Council Member total compensation be raised by 3 % for 1999 and another 3 % for 2000.
Commissioner Stanley Leino seconded the motion and all members voted in its favor.
Discussion of specifications for t Requests for Propo s als for Financial Advisor for Bonds Sales
Professional Services.
Charlie Hansen reported on the draft specifications for the Requests for Proposals for Financial
Advisor for Bonds Sales Professional Services. The specifications were reviewed and no changes
were proposed.
Commissioner Jay Hruska moved to recommend to the City Council the specifications for the
Requests for Proposals for Financial Advisor for Bonds Sales Professional Services.
Commissioner Jerry Blarney seconded the motion and all members voted in its favor.
Donn Escher, Jay Hruska, and Jerry Blarney expressed their willingness to serve on a review
committee to be appointed by the Mayor as called for by the Policy and Procedure on Requests
for Proposals for Financial Professional Services.
Discussion of the 1999 budget calendar and budget Process.
After discussion, the Financial Commission expressed the desire to have some involvement in the
budget process and to receive working copies of the proposed budget. The Financial Commission
should be informed of City Council work sessions on the budget and intends to have a separate
Financial Commission meeting for budget review on August 4, 1998.
• Comprehensive Annual Financial Report.
Michael McCauley noted that he would ask the City Council to set a work session on either June
10 or 11 to meet with the City's auditors and discuss the report. The Financial Commission will
be notified of this meeting and invited to attend.
Next Meeting.
The next meeting of the Financial Commission will be on Tuesday, August 4, 1998 at 7:00 P.M.
ADJOURNMENT
Commissioner Jerry Blarney moved to adjourn the meeting at 8:47 P.M. Commissioner Jay
Hruska seconded the motion and all members voted in its favor.
i
MEMORANDUM
• TO: Michael J. McCauley, City Manager
FROM: Charlie Hansen, Finance Director C H
DATE:
May 20, 1998
SUBJECT: Recommendation of the Financial Commission Regarding
the Mayor and Council Member Total Compensation
The Policy and Procedure on Mayor and Council Member Total Compensation requires
the Financial Commission to compare Brooklyn Center's compensation to those of similar
cities and make a recommendation to the City Council b Jul 1 of election
Y Y ears. Y
The Financial Commission met on April 7, 1998 and May 5, 1998 to review the total
compensation for the Mayor and Councilmembers. The Financial Commission has a
recommendation for compensation levels for 1999 and 2000 and wishes to inform the City
Council of a motion passed regarding the matter.
Mayor and Council Member Financial nancial Commission found the current levels of Ma
• Y
compensation to be in between the average and median of comparable cities. It was felt
that this is an appropriate level to be at and that increases should be approved to maintain
this position as other cities also will presumably increase their compensation.
Commissioner Larry Peterson moved to recommend to the City Council that the Mayor
and Council Member total compensation be raised by 3 % for 1999 and another 3 % for
2000. Commissioner Stanley Leino seconded the motion and all members voted in its
favor.
The Mayor's compensation is $8,220 for the year 1998. Under this proposal, it will
increase to $8,467 for the year 1999 and $8,721 for the year 2000.
The Council Member's compensation is $6,165 for the year 1998. Under this proposal,
it will increase to $6,350 for the year 1999 and $6,541 for the year 2000.
State law and the City's Policy and Procedure on Mayor and Council Member Total
Compensation require that the City Council enact any pay increases which will apply to
itself prior to a general election and that the pay increase not take effect until after the
general election. An ordinance amendment to accomplish this increase may be placed on
future agendas for first and second readings.
LEAGUE OF MINNESOTA CITIES
SURVEY OF MAYOR AND COUNCILMEMBER SALARIES
CITIES WITHIN 10,000 POPULATION
SALARY in 1998
1998 COUNCIL
MUNICIPALITY POPULATION MAYOR MEMBER
Richfield 35,120 $7,762 $6,025
Roseville 34,014 $7,800 $6,000
Maplewood 34,008 $9,625 $8,470
Fridley 28,267 $8,400 $6,100
Shoreview 26,118 $7,740 $5,736
White Bear Lake 26,017 $7,680 $5,400
Crystal 23,667 $7,956 $6,120
New Hope 21,698 $9,459 $6,694
Golden Valley 20,870 $9,642 $7,217
AVERAGE 27,753 $8,452 $6,418
MEDIAN 26,118 $7,956 $6,100
Brooklyn Center 28,484 $8,220 $6,165
Brooklyn Center as a percent of:
AVERAGE 102.63% 97.26% 96.06%
MEDIAN 109.06% 103.32% 101.07%
fincomm \council \cncicomp 5/21/98 8:46 AM
•
City Council Agenda Item No. 9d
i
MEMORANDUM
• DATE: May 20, 1998
TO: Michael J. McCauley, City Manager
FROM: Diane Spector, Director of Public Wor
SUBJECT: Resolution Amending the 1998 Central Garage Budget and Authorizing the Purchase of
One Road Grader
In looking ahead to the vehicles and equipment scheduled for replacement in 1999, Superintendent of
Public Works Dave Peterson determined that it was no longer possible to continue putting off replacing
our 1968 model road grader. As it appeared that we were not going to have sufficient funds accumulated
in the Central Garage Fund to replace the grader in the traditional manner, I asked Mr. Peterson to contact
several dealerships and provide them with our specifications, and ask them to keep their eyes open for us
for a good used piece of equipment.
In the meantime, demo -ed a Champion brand of grader, a brand which is comparable to Caterpillar but less
expensive, and found it to be a very acceptable unit. A short time later, Sweeny Brothers Equipment was
able to locate a used demonstration unit in Canada which was about to be offered for sale, and we were
able to put a "hold" on the unit until we could obtain more information about it.
• We request the Council consider amending the 1998 Central Garage Fund budget to allow us to purchase
this grader immediately . We believe the cost of $127,800 after trade -in is a very good value that is
unlikely to be repeated. The attached memo from Dave Peterson details the various issues, which can be
summarized as follows:
1) The grader is used for a diverse number of tasks year round, but its primary function is in snow
removal, where it is our 41 piece of equipment.
2) The grader is 30 years old. Repairs and careful maintenance have extended its useful life, but it is
at the point where major systems replacements will be necessary. It is very difficult to operate, and
is very hard physically on the operator. We can't put off replacement any longer.
3) The price after trade -in is a very good value. It is fully equipped with the accessories we want.
The dealer offered a very high trade -in, $18,800, and already has a buyer lined up. Other dealers
have quoted a trade -in of $10- 11,000. Between the accumulated depreciation ($124,400) and
excess funds from the purchase earlier this year of the replacement loader, we have sufficient
funds available now. If we wait until the 1999 budget, there will be a 1999 price increase, plus
there is no guarantee that a used piece of equipment will be available. We estimate a new
Champion would cost $160,000 in 1999. less a $10- 15,000 trade in. The accumulated
depreciation would have to be supplemented by General Fund monies or from the Central Garage
Fund Balance.
4) The purchase qualifies under the state purchasing contract. Replacement parts are readily
available. This model meets or exceeds all our specifications.
A resolution amending the budget and authorizing this purchase is provided for Council consideration.
MEMO
To: Michael McCauley City Manager
From: Dave Peterson Public Works Supt.
Subject: Road Grader Replacement
Date: May 20, 1998
The Central Garage has the one time opportunity now to purchase a replacement used road
grader. We recommend amending the 1998 Central Garage budget to purchase a used 1998 road
grader to replace #12, a 1968 road grader, scheduled for replacement in 1999 for the following
reasons:
Need \ Use:
This piece of equipment is used for snow removal as the primary function. This equipment is
unique in its functions as far as blading ice with down pressure, winging bridges, boulevards,
winging back and breaking up ice and snowbanks to blow with large snowblowers. It is in many
ways our #I piece of snow removal equipment. It grades what few gravel alleys we have left in
Brooklyn Center. We also use it for grading parks and on different city projects as they occur, for
example Evergreen Park hockey rink, golf course construction, street projects and trailways. The
presently owned 1968 grader has foregone some repairs in lieu of replacement date which has
been rescheduled several times. Some of these major repairs such as drive train chains, hydraulic
tubing and hoses, electrical wiring and components could cost tens of thousands of dollars. This
machine is very tough ergonomically on the operator due to age and outdated worn controls. The
new machine would be far more efficient.
Funding: The central garage has $124,400.00 in built up replacement funds to date. To acquire
full funding for a new grader would take many more years. The remainder of needed funds
$3400.00 can be appropriated from excess 1998 capital outlay funding from the purchase of the
front end loader #13. There is over a $7000.00 surplus. This savings was possible due to
purchase from the State Contract Purchasing , multi - vendor contract.
Cost: I have researched new and used road grader costs for the past four years as we have
pushed the replacement of this machine back several times due to prices of a new machines and
funding.
• comparable Caterpillar grader new with tax = $176,912.00
• comparable Caterpillar grader used with tax = $169,330.00
• comparable Champion grader new with tax = $155,282.00
This used Champion grader with tax = $147,822.00
Michael McCauley, City Manager
•
Page?
May 20, 1998
Less $18,800.00 Trade -in = $127,800.00 our total cost.
[Tax paid after trade deducted]
State Contract Purchasing: 1998 used equipment meeting specifications can qualify for the
State of Minnesota Purchasing Contract. This piece of equipment was officially put on the State
bid 4050898 -1 at 2 p.m. on May 8, 1998. We have put a hold on this grader with Sweeney Bros.
Equipment, Inc. pending City Council approval.
The Machine:
The used machine has only 60 hours on it. We have demonstrated the same model new machine
here for 5 days and it meets or exceeds all our needs. Champion is the competition today in road
graders, all references, contractors and municipalities agree. Champion a Canadian company has
been making road graders since 1875. It meets all requirements and specifications to be on the
1998 Mn/DOT state road grader bid.
Availability: Used low hour road graders are hard to find. Typically they come out of a rental
• fleet like the ones rented or leased to the airport or City of Mpls. for snow removal. This makes a
narrow window when and if they come available for resale to municipalities. We are getting an
excellent trade -in price of $18,800.00 on our used 412 grader.
In conclusion we recommend the purchase of this used 1998 Champion model 736A road
grader. The research has been done and this machine will meet our needs for the next 20 years.
We have researched the lease and rental options, and new and used graders in earnest for the last
three years. We have negotiated extensively, and removable accessories like upgraded tires, and
plow extensions not needed in our operation have been taken off grader to get it in our price
range. It can be purchased on the State Contract which eliminates sealed bids and "used
equipment bidding" is not recommended. The Central Garage replacement fund really proves its
worth in saving dollars by providing us a means to purchase used equipment. If we don't
purchase it now, this machine will be sold to someone else as soon as our hold is taken off. We
believe this is the best opportunity to date or in foreseeable future to save money and still get
equipment to meet our needs with available funding.
Egarage \budget cc.gradermemo
i
Member introduced the following resolution and moved its
• adoption:
RESOLUTION NO.
RESOLUTION AMENDING THE 1998 CENTRAL GARAGE BUDGET AND
AUTHORIZING THE PURCHASE OF ONE ROAD GRADER
WHEREAS, the city's 1968 road grader is scheduled for replacement in 1999, and in
preparation staff has been reviewing price and availability of used equipment; and
WHEREAS, as a result of this research the City has been offered a one time opportunity
to purchase immediately a used 1998 Champion road grader that meets all requirements and specifications
to be on the 1998 Mn/DOT Cooperative Purchasing road grader bid at a total cost of $127,800.00,
including an offer of $18,800.00 for trade in of our 1968 road grader; and
WHEREAS, this used Champion road grader is a very good value, compared to the cost
of new or other used equipment; and
WHEREAS, there is accumulated depreciation funds in the amount of $124,400.00 set
aside in the Central Garage Fund for the replacement of this equipment; and
WHEREAS, there is an expected surplus of $7,000.00 in the 1998 Central Garage Capital
Outlay Budget from the purchase of the front end loader ( #13), and said surplus is available to cover the
deficit between accumulated depreciation and the cost of purchasing this equipment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota that:
1. The 1998 Central Garage Budget is hereby amended to provide for the purchase
of a used 1998 Champion Road Grader at a cost of $127,800.00.
2 The Central Garage 1998 Capital Outlay Budget is hereby amended as follows:
Transfer from Replacement Fund Balance $124,400.00
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.
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OPTIONAL EQUIPMENT (May vary) lbs. kg lbs. kg
Ibs. kg front- mounted plow lights - 2 Paint - custom colors ............................... - -
Accumulators - blade lift (2) ................. 130 59 high .................................... I............ 120 54 Radiator shutters - hinged ..................... 10 4
circle Side shift ............. 65 29 low ................... ............................... 100 45
Air conditioner - 21,500 BTU Headlights with dimmer switch .............. - Reflectors - rear......... ............................... - -
- HFC -134a (non -CFC refrigerant) Moldboard lights - 2 .............................. 2 1 Remote valve for attachments
with cab pressurizer /filter .................. 130 59 - 3 or 5 bank - remote mount ................. 25 11
Brush guards .......... ............................... 40 18
- Rear flood lights - 2 ............................... 2 1
Supplemental steeri (power
Cab -Snow wing lights - 2 ............................. 2 1 9 (P
canopy shell with BOPS - deduct .... (200) (91)
Machine Monitor Plus package M44 assisted) meets SAE J53 OCT. 84 .......... 61 28
FOPS protection for POPS cab ............ 220 100 Audible and visual warnings for transmission Suspension seat ..... ............................... 55 25
low profile cab with ROPS - deduct (200) (91) and hydraulic filter restriction, low engine oil Tie -down brackets ... ............................100 45
pressure, high coolant temperature, high
Cab heater - 49,000 BTU .........................30 14 transmission temperature, and low Tires
Cab pressurizertfilter ............................. 14 6 transmission clutch pressure............... - - 14.00 x 24,12 pr., G2,
Defroster fan ............. ............................... 3 1 Mirrors - outside - right ........................... 2 1 10' (254 mm) multi -piece rims ..... 360 161
Engine block heater ... ............................... 3 1 - left .............................. 2 1 17.5 x 25,12 pr., G2,
Engine precleaner - Turbo II ..................... 6 3 Moldboards 14'(356 mm) rims ........................ 942 428
Engine side panels .. ............................... 50 23 14' x 25" x 7/8" Tire chains - pair.... ............................... 300 136
Ether cold start ....... ............................... 10 4 (4 267 mm x 635 mm x 22 mm) ....... 280 127 12' x 29' x 1' Tool kit....................... ............................... - -
Fan - blower rain cap ..... ucti stanard) - - 3 658 mm x 737 mm x 25 mm ....... 340 154
( ) Transmission sump heater ........................ - -
Fan blower type (suction type is standard) - - 13' x 29' x 1'
First user lifetime frame warranty ............. - - (3 962 mm x 737 mm x 25 mm) ........ 490 222 Tropical protection..... ............................... - -
Float control - Right and Left 14' x 29' x 1' Vandalism protection ............................... 8 4
independent, electric ............................ 15 7 (4 267 mm x 737 mm x 25 mm) ........ 640 290 Wheel weights front or rear - each ....... 250 113
Hub odometer ............ ............................... - - Moldboard extensions R & L Window - opening - lower front................. -
Hydraulic tank heater ............ :................... 3 1 - 2' (610 mm) ....... ............................... 200 91
Jack - 20 ton (18.5 tonne) 35 16 Moldboard edges - Carbide 3/4" x 5'.......... - - Window - opening sliders - left/right ........ - -
Lights Moveable Blade Control System ........... 560 254 Wiper and washer - front .......................... -
back -up lights - 2 ... ......I ........................ - - Operator convenience package Wiper and washer - rear ........................... - -
beacon (amber or blue) ......................... 4 2 lunch box, steel vacuum bottle Wiper and washer lower front windows.... -
clearance lights front & rear ................... 2 1 and holder, ash tray .............................. 10 5 -
— DIMENSIONS
A Overall length ...................27'10' (8 484 mm)
B Overall width ........................8'4" (2 540 mm)
C Overall height with cab.......11'2' (3 404 mm)
( with Low Profile Cab........ 102" (3 099 mm)
c D Wheelbase .........................20'0' (6 096 mm)
- E Tread width ........................6'10' (2 083 mm)
°J F Blade base
- IS0 7134 ...........................8'6' (2 591 mm)
D _ E4 E
--
CHAMPION MATCHED ATTACHMENTS Push block .. ..........................1,050 lbs. (476 kg) V plow
A- Frame ........ ............................850 lbs. (386 kg) Ripper- scarifier, rear .............. 2,100 lbs. (953 kg) 9'(2 743 mm) ..................... 2,560 lbs. (1 161 kg)
Dozer blade Scarifier, front, with 11 teeth .... 1,450 lbs. (657 kg) 10'(3 048 mm) ...................2,720 lbs. (1 234 kg)
8' 2 438 mm .....................1,600 lbs. 726 k Windrow eliminator ............... 1,300 lbs. (590 kg)
( ) ( 9) Snow wing
9'(2 743 mm) .....................1,650 lbs. (749 kg) front-mounted ..................... 2,900 lbs. (1 317 kg)
One -way plow ........................2,350 lbs. (1 067 kg) rear-mounted ...................... 3,100 lbs. (1 407 kg)
Specifications subject to change without notice. Some items included in this brochure are optional.
TM DURAMIDE is a registered trademark of Champion Road Machinery Limited.
Your safety and the safety of those around you depends on using care and judgement when operating
and servicing your grader. Do not operate the grader until you read and understand the warnings and
instructions in the operators manual.
CHHMPIIH®
MOTOR GRADERS
CANADA
Goderich, Ont.
m 1997 Champion Road Machinery Limited
pP�NTEO
730A VHPSVE(04 /97)
•
City Council Agenda Item No. 9e
i
MENI0RANDUM
®
DATE: May 21, 1998
TO: Michael J. McCauley, City Manager
r �
FROM: Diane Spector, Director of Public WorksL
SUBJECT: Staff Report Re: Proposed Median on 66th Avenue for Proposed Holiday Station
Staff have been working with the traffic engineering consultant who designed and recommended the
phased traffic control improvements on 66th to prepare additional information for the Council about the
"global" perspective. This more detailed information will be available at Tuesday night's meeting. In
the interim, the following is additional information we do have available:
1) The phased traffic control plan was prepared on the assumption that the area south of 66th
Avenue from Camden Avenue east to TH 252 will redevelop in the next few to several years. It
is assumed that the remaining area will remain the same or will be redeveloped with
improvements that will generate traffic patterns similar to current conditions.
2) It was assumed that traffic from the redevelopment area will be directed to Camden Avenue.
SuperAmerica will continue to access 66th Avenue directly. The parcel adjacent to
SuperAmerica which abuts 66th (the " Fiterman property") may access directly onto 66th, or it
may be inc . Except for the parcel
y rp ed into the redevelopment area and access onto Camden p p
p
abutting 66th, the redevelopment area would not be allowed to have direct access onto 66th.
3) The consultant reviewed traffic conditions under a previous redevelopment concept which
included a dense mix of office /hotel /restaurant/entertainment uses. It was his conclusion that the
the broken median proposal provides suffieient turn lane storage capacity for that previous
redevelopment concept and also for current concepts. He does not believe that future conditions
would warrant an unbroken median, but that it can be installed as a "last resort" should future
conditions warrant.
4) The consultant determined that the proposed mid -point median break would provide sufficient
turn lane storage to serve the uses abutting 66th: the relocated Dental Clinic, the new Holiday
station, SuperAmerica, and a future use of the Fiterman property.
5) As a part of the redevelopment process, when a refined redevelopment plan is presented, the
intersection at Camden requires more detailed design and will likely require reconfiguration to
assure that all turning needs are accomodated, both on Camden and on 66th, and that other
properties such as the Riverwood townhouse development are properly accomodated.
6) I spoke at length with Mr. Tim Keenh, attorney from SuperAmerica. They have not yet come to
an agreement with the new owner of the Fiterman property regarding the cross access easement.
They have not been able to negotiate an acceptable price. Super.America's engineer s have
begun designing the new driveway under the assumption agreement will be reached shortly. I
have offered our mediation services. It should be noted that the redeveloper of the site south of
66th Avenue will have to replat the property and also gain site and building plan approvals, so
there may be an opportunity to accomplish the cross access by other means if direct negotiations
• fail.
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Property lines and median locations are approximate and for illustration only.
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MEMORANDUM
A&SE"■Sr.PAUL.MN t3
MINNEAPOLIS, MN 0 ST.CLOUD. MN O CHIPPEWA FALLS.WI O MADISON.
W! LAKE COUNTY IN
TO: Scott Brink, City Engineer, City of Brooklyn Center
FROM: Glen Van Wormer
DATE: May 26, 1998
RE: Brooklyn Center, Minnesota
66th Street Median
SEH No. A-BROCT9801.00
The following is a concept for a presentation to the City Council in an attempt to clarify the need and
opportunity for a median opening for the Super America and Holiday stations on 66th Street.
The purpose of the presentation this evening is to providel-Ii clarification ay 252 and 66th Street during
is proposed for 66th Street. As background,if you can visualize g
the rush hour, you will note that it is very busy, especially on Highway 252. There are two
northbound left-turn lanes and they are controlled with a green left-turn arrow(Overhead l). The
two left-tum vehicles move simultaneously around the corner and westbound onto 66th Street where'
the vehicles eventually merge into one lane. Often the vehicle in the left left-turn lane has a
destination of Super America(Overhead 2). The motorist with that destination will accelerate and
travel around the corner onto 66th Street and immediately begin to decelerate and enter the painted
two-way left-turn lane. Occasionally the vehicle is stopped but not fully out of the left lane. If there
is a second vehicle turning into Super America,too often that vehicle stops in the left through lane
of westbound 66th Street. These events are generally somewhat startling to the following vehicles
who have come around the corner and are still accelerating. If you visualize that intersection or if
you've watched it for a while you are likely to see that occur.
Complicating the situation are the left turns coming out of the Super America entrance (Overhead
2). They are entering westbound 66th Street in a wide area and on occasion will travel down the
th
two-way left-turn lane or Frequently enter the westbound left lane and
become involved
andlof
westbound traffic which is merging. Thus entire area
concern for safety.
If you can also visualize the area behind Super America, there is a considerable amount of land
available for redevelopment(Overhead 3). One of the past development concepts envisioned two
office towers and a hotel in conjunction with other retail development. The developer, in
cooperation with the City, obtained a traffic study from SEH. The conclusion was that access to this
An AffirmalNe Action.
equal Opportunity Lmpinytir
05/26/98 TUE 01:39 FAX 612 490 2150 SEH BROOI{LYN CTR 16003
Scott Brink, City Engineer,City of Brooklyn Center
May 26, 1998
Page 2
development should be at the Camden Avenue intersection on 66th Street. Any other location would
be too close to Highway 252 for a large volume of traffic.
ft-
In the future,the Camden Avenue and 66th Street intersection will need traffic
antic paaed d le00
turn lane should be provided for westbound traffic. With office towers,
westbound left turns would be made in the morning peak period.
there is need to provide
To store the westbound left twin vehicles in de aMosP of the time. however, there will be
approximately 350 feet of storage at peak perio s
considerably less need for storage. Because the two lanes of westbound traffic coming from
Highway 252 will eventually merge to one somewhere west of Camden it th the possible
left-turn hat
for the peak morning periods,one westbound lane could be used in conjunction
lane at Camden Avenue to store westbound traffic. Most of the morning traffic will be commuters
enue away from
and by having the left-turn lane and left-tum movements at Camden the distance which
Highway 252,they will not be unexpected(Overhead 4). This overhead
can be utilized for storage in the future at Camden Avenue with a future roadway on 66th Street.
At Highway 252 and 66th Street intersection,we anticipate there will be 175 eastbound left turns in
the p.m- peak hour, assuming major redevelopment south of Super America. Today there are
55 westbound left turns in the p.m.peak period(Overhead 5). There will be little eastbound through
traffic traveling across the Highway 252 intersection. Storage for the eastbound left turn and
eastbound through traffic only needs to be 250 feet. This can be accommodated through a
combination of lanes as shown on the overhead.
It would be possible to have a continuous median from Camden Avenue to Highway 252 and provide
long left-turn lanes. However,there is some concern over having access to local properties. Without
2,would
a median opening,traffic from the north side development,Camden Avenue pLocal traffic tr veling t sthe north
travel west on 66th Street and make a U turn a
side businesses from the west would have little opportunity to access the business other than to make
a U turn at Highway 252 which is very undesirable or travel across Highway 252,make a U tam near
West River Road and travel back through the intersection again. This is also undesirable. Similar
problems would exist for Super America traffic coming from Highway 252 and making a U turn at
Camden Avenue or traffic leaving Super America and traveling to the west.
With the storage requirements for left turns at Camden Avenue and for eastbound left turns at
Highway 252, it is possible to provide a median opening approximately midway between the two
intersections (Overhead 6). Left turn lanes could be provided for this median opening and there
would still be adequate storage at all intersections as shown on this overhead.
Traffic traveling from the northbound left turn lanes on Highway 252 to Super America would, as
before,wait for a green arrow and then turn left and accelerate onto 66th Street. They would travel
for some distance west and then enter a left-turn lane and decelerate in there turn lane.
at would
eliminate the existing problems. Also eliminated would be the concerns o
Avenue which will be a very busy intersection in the future. It would eliminate U turns at
I
05/26/98 TUE 01:40 FAX 612 490 2150 SEH _ _ +►� BROOKLYN CTR 4 004
Scott Brink,City Engineer, City of Brooklyn Center
May 26, 1998
Page 3
Highway 252 and traffic traveling through the intersection twice in an attempt to travel west on 66th
Street from a south side business or to a north side business.
median opening fits nicely in the 66th Street design. It eliminates problem U ferns and other
The me p g
associated problems,it provides direct access for multiple businesses and creates very problems,
It removes traffic from overloaded intersections.
The timing of the median is important. It should be designed as part of the Holiday station store
development so that it is in place when the additional traffic asso 252d Camden Avenue y store beg ns
to use 66th Street. Development of a median from Highway a westbound left-tum lane,are possible be
undesirable until the final intersection geometrics,including
at Camden Avenue. It is undesirable to develop Camden Avenue until the final type of traffic to be
generated in the redevelopment area is known and understood. aolnedian final po�ng could be
median to the opening at the proposed Holiday and Sup
developed and incorporated into both existing and future designs for 66th Street to the west:
The development of a median opening midway between the two is an excellent operating solution
to provide access to adjacent businesses,eliminate potential problems at other intersections, and still
provide adequate turn lane storage and deceleration distances.
sah
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City Council Agenda Item No. 9f
Member introduced the following resolution and moved
its adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING ACQUISITION OF PROPERTY FOR EARLE BROWN
HERITAGE CENTER PARKING LOT
WHEREAS, Polo Investment has offered to sell to the City of Brooklyn Center
property located at 6160 Earle Brown Drive(PID#35-119-21-44-0002) across from the Earle Brown
Heritage Center; and
WHEREAS, the State Legislature has authorized a grant of$2.5 million to the City
of Brooklyn Center for projects to assist the Earle Brown Heritage Center, including the acquisition
of property for additional parking at the Earle Brown Heritage Center; and
WHEREAS, the proposed terms and agreements for the acquisition of the real estate
are proper and reasonable.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center,Minnesota, that the Mayor and City Manager be and hereby are authorized to enter
into an agreement for the purchase of the property described in the purchase agreement which is
• attached hereto as Exhibit A and incorporated herein by reference on the terms and conditions as set
forth in such agreement attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that funds for the purchase be advanced from the
Capital Improvement Fund to.be reimbursed upon receipt of grant funds from the State of Minnesota.
Date Mayor
ATTEST:
City Clerk
The motion for 0 o the on ado Li f
p o the foregomg 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 cil A Item No. 9
Y g g
City of Brooklyn Center
A great place to start. A great place to stay.
MEMORANDUM
TO: Mayor Kragness, Councilmembers ody, Hilstrom, Lasman, and Peppe
FROM: Michael J. McCauley, City Manager
DATE: May 19, 1998
SUBJECT: Time of Sale Ordinance
Attached please find additional language in response to the Council's discussion at the last City
Council meeting. The attached language would remove the hardship provisions and allow the buyer
and seller to enter into an agreement under all circumstances for the correction of an immediate
hazard.
The attached language also includes language that could be inserted that would have the evaluator's
report filed with the City. This change would allow for monitoring of compliance by the owners,
whether the property sells or not. We would anticipate that this would definitely increase the time
demands that would have staffing implications. Since we have no experience under this type of
ordinance and it would be different than other cities' ordinances, we are not in a position to predict
the exact financial consequences. By having notice of these violations of the ordinance on file with
the building inspection department,it would also cause us to undertake enforcement actions against
homeowners for these problems. It would be anticipated that for persons who did not sell their home
and did not themselves correct the action, we would have to use the services of the City Prosecutor
to force compliance. Given the demographics of the selling population, it is quite likely that we
could be dealing with elderly persons being charged with ordinance violations and being summoned
to court.
The basic thrust and genesis of the Housing Commission's initiative, as understood by staff, is to
protect buyers of homes. The collateral benefit of assisting sellers is not seen as the primary
motivation in this proposed ordinance or the ordinances adopted by other cities. Thus the City
Council may wish to consider whether it is effective to create this additional reporting requirement
and prosecution of property owners who do not correct problems brought to their attention in the
course of an inspection. That is,the policy issue presented in changing to having the City notified
of the evaluator's report is to change from a mechanism designed to protect buyers entering the
housing market to a general entry into interior space for ordinance enforcement with the attendant
implications for staff time and potential acceptance problems with the public.
Attachment
a
6301 Shingle Creek Pkwy; Brooklyn Center, MAT 55430-2199 • City Hall & TDD Number (612) 569-3300
Recreation and Community Center Phone & TDD Number (612) 569-3400 • FAX(612) 569-3494
An Affirmative Action l Equal Opportunities Employer
AL TERNATE
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.
ORDNANCE 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 nuEpose of this Section is to enhance the supply of safe sanitary_and adequate
housing for citizens of the city of Brooklet Center and to prevent the deterioration of existing
housing.
Section 12-1502. DEFINITIONS.
The following.words and terms when used in this Section shall have the following
meanings. unless the context clearly indicates otherwise:
1 "Dwelling" - a building, or portion thereof, designed or used predominantly for
residential occupancy of a continued nature, including one-family dwellings,two-family dwellings
and multiple family dwellings: but not including hotels and motels
2. "Dwelling Unit" -a single residential accommodation which is arranged, designed,
used or, if vacant, intended for use exclusively as a domicile for one family. Where a private garage
is structurally attached, it shall be considered as part of the building in which the dwelling unit is
located.
ORDINANCE NO.
• 3."Mobile home" - (includes "Manufactured" Homes) A single family detached
dwelling unit designed for year-round occupancy. constructed at a factory or assembly plant and
drawn to the site on attached under carriage and wheels "Mobile Home' shall not include
"Recreation Vehicle" as herein defined, nor shall it include modular or prefabricated dwelling units
which meet or exceed the requirements of the Uniform Building Code
"Evaluation report" - a written report prepared and signed by a person licensed as-a
time of sale housing evaluator in a community recognized by the City of Brooklyn Center on a form
in compliance with Section 12-1506 of this Code
"Immediate hazard" - a condition or defect which is likely to cause inaury to a person
or property if not corrected
"Issuing Authority" - the City Manager or his/her designated representative
"Owner's Agent" - a person who acts for or has the power or authority to act for the
owner of a dwelling unit
"Sale" -the transfer of title or possession of a dwelling unit whether or not absolute
title is transferred.
"Vacant" - a dwelling_unit which is not occupied
Section 12-1503. INSPECTION AND EVALUATION REPORT REQUIRED
1. Except as set forth in Section 12-1504 of this Code, no dwelling unit or mobile home
located within the City may be voluntarily conveyed for consideration by deed or
contract for deed until the owner or owner's agent has first applied for and secured
an evaluation prepared by an evaluator meeting the requirements under Section 12-
1505 of this Code.
2. A valid evaluation report issued for the dwelling unit in question shall be provided to
the buyeLprior to the execution of a purchase agreement The buyer shall be supplied
a copy 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 evaluation report is valid for one year from the date of its issuance
The report is valid only for the owner listed on the report
4. No person shall offer for sale by exhibiting or showing_a dwelling unit within the city
without having first obtained an inspection and evaluation report as described in this
i
ORDINANCE NO.
Section, The evaluation r rt shall be conspicuously i 1 for in i n at the
premises at all times that such dwelling unit is being offered for sale
Section 12-1504, EXCEPTIONS
The provisions of Section 12-1503 do not apply to'
1 Any newly constructed dwelling unit when title is transferred to the first owner,
2 The sale or other transfer of title of any dwelling; unit to a public body.
3 The sale or transfer of title of any dwelling unit for the purpose of demolition
4 The sale or conveyance of any dwelling unit by a sheriff or other public or court
officer in the performance of their official duties This exemption does not apply-IQ
the sale of a dwelling unit by a person appointed by a probate court
5. The sale or conveyance of any entire multiple family building_
Section 12-1505. EVALUATOR REQUIREMENTS
1. Evaluators conducting evaluations and completing evaluation reports under this Code
must maintain a current unexpired Certificate of Competency issued by the City of
Minneapolis, St Paul or Bloomington The City Council may., by resolution,
recognize Certificates of Competency from additional cities Evaluators must also
show proof that he or she has a current unexpired Certificate of Competency from at
least one of the aforementioned recognized cities
2. Evaluators conducting evaluations and completing evaluation reports under this Code
shall also show proof of general liability insurance insuring the evaluator with
insurance coveraes and liability limits which may be specified from time to time by
resolution of the City Council The evaluator shall maintain insurance continuously
in force thereafter. The city shall be included as a named insured on the insurance
required herein at the expense of the evaluator. The evaluator shall furnish the city
with a certificate of insurance which meets the city requirements
3. The city shall maintain a list of the names and telephone numbers of evaluators who
meet the requirements of this section The list shall be available to the public
ORDINANCE NO.
Section 12-1506, FORMS,
The city shall prepare or authorize use of forms as it deems appropriate to constitute a
disclosure under Sections 12-1501 through 12-1511 The form shall provide information concerning
Code requirements`maior structural defects and immediate hazards to health, safety and property,
Section 12-1507, DUTIES OF EVALUATORS,
1 Each evaluator shall comply with the followings
a Maintain a current license with one of the recognized cities
b Conduct all evaluations within the program's guidelines
e. Meet required continuing education requirements established by the recognized
cities, listed in Section 12-1505,
2 Each evaluator shall comply with the following procedure for preparing and filing
reports:
a. The evaluation report shall be either typewritten or legibly printed in ink on forms
furnished by the city. The report shall indicate whether the condition of the
dwelling unit meets gily requirements, is below city requirements or is deemed to
be hazardous at the time and date of the evaluation
b. The evaluator shall submit the original evaluation report to the seller. The
evaluator shall keep a duplicate copy
iSection 12-1508. CORRECTION OF IMMEDIATE HAZARDS.
1. The following g items, when discovered by the evaluator shall be identified as
immediate hazards in the evaluation report:
a. Heating systems that are unsafe due to burned out or rusted heat exchangers,
burned out rusted or plugged flues,no vent, connection with unsafe gas supplies
or incapacity to adequately heat the living space
b. Water heaters that are unsafe due to burned out or rusted heat exchangers, burned
out, rusted or plugged flues, no vent, connection with unsafe gas supplies or lack
of temperature and pressure relief valves
e. Electrical systems that are unsafe due to dangerous overloading, damaged or
deteriorated equipment, improperly taped or spliced wiring exposed uninsulated
wires. temporary distribution systems, or ungrounded systems.
d. Plumbing systems that are unsanitary due to leaking waste systems, fixtures or
traps, lack of an operating toilet lack of washing and bathing facilities, cross
connection of municipal water supply with fixtures or sewage lines, or the lack of
water.
e. Structural systems including walls, chimneys, ceilings, roofs, foundations, floor
systems or decks which are not capable of carrying-imposed loads
f. Exterior roofs, walls, chimneys and foundations that are not weather tight and
water tight to the extent that it creates an immediate hazard.
g. Abandoned storage tanks.
i
ORDINANCE NO.
• h. Lack of operational smoke detectors located in accordance with thC a]2121icable
provisions of the Uniform Buildiny, Code.
2 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,
I When correcting identified hazards, the owner shall obtain all nectssgy permits from
the city and the premises shall be subject to inspection by an evaluator prior to
occupancy of the dwelling:.
....... .......
..........
M AMU 2.
h roym m
. ..... ...
.. ........
.........
.. ............. . .........
a. a-sjgned agreement from the buyer accepting responsibility for correction of the
hazardous items:
c. evidence of financial ability to perform the corrections,
The buyer shall complete the correction of identified immediate hazards by the specified completion
date.
5. If the owner is,.a goverment 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 written consent from the issuing
Authority. Such written consent may be subject to the terms and conditions
including
�j. a signed agreement from the buyer accepting responsibility for correction of the
hazardous items:
b. reasonable completion dates (no more than 90 days):
c. of financial ability to perform the corrections,
The buyer shall complete the correction of identified immediate hazards by the specified completion
date.
ORDINANCE NO.
Section 12-1509, FAILURE TO COMPLY,
1 The failure of any owner, agent of an owner or buyer to comply with the provisions
of Sections 12-1501 through 12-1512 or to comply with an order issued by the city
pursuant to this Code, shall be a misdemeanor,
2 The failure of any evaluator to comply with the provisions of Section 12-1505 shall
be a misdemeanor and may result in de-certification by the city-
_3 The city may also enforce provisions of Sections 12-1501 through 12-1512 by
mandamus, injunction, or other appropriate remedy in a court of competent
-jurisdiction,
Section 12-1510, WARRANTY LIMITATIONS.
1 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
2. Evaluations conducted pursuant to Sections 1501 through 1512 are made in order to
improve the overall housing stock in the city and are not meant to be a warranty or
guarantee of the dwelling unit evaluated The report issued by the evaluator is not a
representation to any individual buyer, seller or renter regarding the condition of the
• building nor is the report intended for the special benefit of any individual
3. The City of Brooklyn Center shall not incur liability to a buyer or any other person by
reason of performance or non-performance of the provisions of Sections 12-1501
through 12 1512.
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Section 12-1512. APPEAL.
A person aggrieved by a decision, notification or order under this ordinance may appeal
such decision notification or order to the council which may reverse, modify or affirm the same after
a hearing upon notice to the appellant The appeal must (i) be in writing, (ii) specify the decision,
notification or order appealed form,(iii)specify with particularity the basis and grounds of the appeal,
ORDINANCE NO.
• and iv filed with the clerk on or before 20 days following th f the decision. notification
or order.
Section 12-1513, EFFECTIVE DATE,
Sections 12-1501 through 12-1512 shall be effective for dwelling units conveyed on or
after January 1, 1999
Section 2. This ordinance shall be effective after adoption and thirty days following its
legal publication.
Adopted this day of , 1998
Mayor
ATTEST:
City Clerk
Date of Publication
Effective Date
(Brackets indicate matter to be deleted, underline indicates new matter.)
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing ill be held on the 8th day of June, 1998 at 7 .m. or as
g y � P
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 of the city of Brooklyn Center and to prevent the deterioration of existing
housing.
Section 12-1502 D
S . EFINITIONS.
The following words and terms when used in this Section shall have the following
meanings, unless the context clearly indicates otherwise:
1. "Dwelling;" - a building, or portion thereof, designed or used predominantly for
residential occupancy of a continued nature, including one-family dwellings two-family dwellings
and multiple family dwellings; but not including hotels and motels
2. "Dwelling Unit" -a single residential accommodation which is arranged, desiegned,
used or, if vacant intended for use exclusively as a domicile for one family. Where a private a� rage
is structurally attached, it shall be considered as part of the building in which the dwelling unit is
located.
ORDINANCE NO.
• «
3 Mo ile home (,includes Manufactured Homes) A single family detached
dwelling unit designed for year-round occupancy, constructed at a factory or assembly plant and
drawn to the site on attached under carriage and wheels "Mobile Home' shall not include
"Recreation Vehicle" as herein defined, nor shall it include modular or prefabricated dwelling units
which meet or exceed the requirements of the Uniform Building Code
"Evaluation report" - a written report prepared and signed by a person licensed as-a
time of sale housing evaluator in a community recognized by the City of Brooklyn Center on a form
in compliance with Section 12-1506 of this ode
"Hardship" - inability of seller to make required repairs, including but not limited to
economic circumstances. illnes death, weather or acts of God
"Immediate hazard'-a condition or defect which is likely to cause injury to a ep rson
or rrooperty if not corrected
"Issuing Authority" - the City Manager'Tanager or his/her designated representative
"Owner's Agent" - a person who acts for or has the.power or authority to act for the
owner of a dwelling unit
"Sale" -the transfer of title or possession of a dwelling unit whether or not absolute
title is transferred.
"Vacant" - a dwelling unit which is not occupied
Section 12-1503. INSPECTION AND EVALUATION REPORT REQUIRED
1 Except as set forth in Section 12-1504 of this Code, no dwelling,unit or mobile home
located within the City may be voluntarily conveyed for consideration by deed or
contract for deed until the owner or owner's agent has first applied for and secured
an evaluation prepared by an evaluator meeting the requirements under Section 12-
1505 of this Code.
2. A valid evaluation report issued for the dwelling unit in question shall be provided to
the buyer prior to the execution of a purchase agreement The buyer shall be supplied
a copy 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 evaluation report is valid for one year from the date of its issuance
The report is valid only for the owner listed on the report
ORDINANCE NO.
4 No person shall offer for sale by exhibiting or showing a dwelling unit within thLgaly
mahout having first obtained an inspection and evaluation report as described in this
Section. The evaluation report shall be conspicuously displayed for inspection at the
premises at all times that such dwelling unit is being offered for sale,
Section 12-1504. EXCEPTIONS.
The provisions of Section 12-1503 do not apply to:
1. Any newly constructed dwelling unit when title is transferred to the first owner,
2 The sale or other transfer of title of any dwelling,unit to a public body,
3 The sale or transfer of title of any dwelling unit for the purpose of demolition
4. The sale or conveyance of any dwelling unit nit by a sheriff or other public or court
officer in the performance of their official duties This exemption does not apply to
the sale of a dwelling unit by a person appointed by a probate court
5. The sale or conveyance of any entire multiple family building
Section 12-1505, EVALUATOR REQUIREMENTS.
1. Evaluators conducting evaluations and completing evaluation reports under this Code
must maintain a current unexpired Certificate of Competency issued by the City of
Minneapolis, St. Paul or Bloomington The City Council may, by resolution,,
recognize Certificates of Competency from additional cities. Evaluators must also
show proof that he or she has a current unexpired Certificate of Competency from at
least one of the aforementioned recognized cities.
2. Evaluators conducting evaluations and completing evaluation reports under this Code
shall also show proof of general liability insurance insuring the evaluator with
insurance coverages and liability limits which may be specified from time to time by
resolution of the City Council The evaluator shall maintain insurance continuously
in force thereafter. The city shall be included as a named insured on the insurance
required herein at the expense of the evaluator. The evaluator shall furnish the city
with a certificate of insurance which meets the city requirements
3. The city shall maintain a list of the names and telephone numbers of evaluators who
meet the requirements of this section The list shall be available to the public
ORDINANCE NO.
Section 12-1506 FORMS,
The city shall prepare or authorize use of forms as it deems appropriate to constitute-a
disclosure under Sections 12-1501 through 12-1511. The form shall provide information concerning
Code requirements m structural defects and immediate hazards to health., safety and property.
Section 12-1507. DUTIES OF EVALUATORS
1. Each evaluator shall comply with the following:
a Maintain a current license with one of the recognized cities
b. Conduct all evaluations within the program's guidelines
c. Meet required continuing education requirements established by the recognized
dies, listed in Section 12-1505
2. Each evaluator shall comply with the following_procedure for preparing and filing
reports:
a- 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 date of the evaluation
b. The evaluator shall submit the original evaluation report to the seller. The
evaluator shall keep a duplicate copy.
Section 12-1505. CORRECTION OF IMMEDIATE HAZARDS
1. The following items, when discovered by the evaluator, shall be identified as
immediate hazards in the evaluation report:
a_ systems that are unsafe due to burned out or rusted heat exchangers,
burned out, rusted or plugged flues no vent, connection with unsafe gas supplies
or incapacity to adequately heat the living space
b. Water heaters that are unsafe due to burned out or rusted heat exchangers burned
out rusted or plugged flues, no vent, connection with unsafe gas supplies or lack
of temperature and pressure relief valves
c. Electrical systems that are unsafe due to dangerous overloading damaged or
deteriorated equipment, improperly taped or spliced wiring, exposed uninsulated
wires, temporary distribution systems, or ungrounded systems
d. Plumbing systems that are unsanitary due to leaking waste systems, fixtures or
traps, lack of an operating toilet, lack of washing and bathing facilities, cross
connection of municipal water supply with fixtures or sewage lines, or the lack of
water.
e. Structural systems including walls, chimneys, ceilings}roofs, foundations, floor
systems or decks which are not capable of carrying imposed loads
f. Exterior roofs walls chimneys and foundations that are not weather tight and
water tight to the extent that it creates an immediate hazard.
g. Abandoned storage tanks
ORDINA'-NCE NO.
h Lack of operational smoke detectors located in accordance with thC aPI21icable
provisions of the uniform Building ode
2 No occul2angy 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,
2- correcting;identified hazards, the owner shall obtain all necessaiy permits from
the city and the premises shall be subject to inspection by an evaluator prior to
occupancy of the dwelling.
4 If due to hardship the owner cannot undertake corrective action the buyer may elect
lect
to correct immediate hazards identified in the evaluator's retort A buyer intending
to correct immediate-hazards must have written consent from the Issuing Authority
Such written consent may be subject to terms and conditions including_
a. a signed agreement from the buyer accepting responsibility for correction of the
hazardous items;
b. reasonable completion dates (no more than 90 days)
c. evidence of financial ability to perform the corrections
The buyer shall complete the correction of identified immediate hazards by the specified completion
date.
5. 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 written consent from the issuing
Authority. Such written consent may be subject to the terms and conditions
including:
a. a signed agreement from the buyer accepting responsibility for correction of the
hazardous items_
b. reasonable completion dates (no more than 90 daya)
c. evidence of financial ability to perform the corrections
The buyer shall complete the correction of identified immediate hazards by the specified completion
date.
ORDINANCE NO.
Section 12-1509, FAILURE TO COMPLY,
1 The failure of any owner. agent of an owner or buyer to comply with the provisions
of Sections 12-1501 through 12-1511 or to comply with an order issued by the city
pursuant to this Code, shall be a misdemeanor,
2 The failure of any evaluator to comply with the provisions of Section 12-1505 shall
be a misdemeanor and may result in de-certification by the city,
3. The city may also enforce provisions of Sections 12-1501 through 12-1511 by
mandamus, injunction, or other appropriate remedy in a court of competent
jurisdiction
Section 12-1510 WARRANTY LMITATIONS.
1. 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
2. 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
3
The City of Brooklyn Center shall not incur liability!to a buyer or any other person by
reason of performance or non-performance of the provisions of Sections 12-1501.
through 12-1511.
Section 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, modify or affirm the same after
a hearing upon notice to the appellant The appeal must i) be in writing, (ii) specify the decision,
notification or order appealed form, (iii) specify with particularity the basis and grounds of the app eal;
and (iv) be filed with the clerk on or before 20 days following the date of the decision notification
or.order.
Section 12-1512. EFFECTIVE DATE
. Sections 12-1501 through 12-1511 shall be effective for dwelling units conveyed on or
after January 1, 1999. e
Section 2. This ordinance shall be effective after adoption and thirty days following its
legal publication.
ORDNANCE 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.)
Cit y g
Council Agenda Item No. 9h
•
•
City of Brooklyn Center
A great place to start. A great place to stay.
•
MEMORANDUM
TO: Mayor Kragness, Councilmembers Carmody, lstrom, sman, and Peppe
FROM: Michael J. McCauley, City Manager
DATE: May 21, 1998
SUBJECT: Speaker Carruthers, Senator Scheid, and Representative Carlson
Legislators will provide legislative update.
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. 9i
�1
MEMORANDUM
TO: Michael J. McCauley, City Manager
FROM: Brad Hoffman, Community Development Director
DATE: May 26, 1998
SUBJECT: RESOLUTION CORRECTION
If the Council approves the request of BOCA Limited Partnership requesting tax exempt housing
revenue bonds and tax credits to purchase and rehab 6221 Shingle Creek Parkway, then the resolution
giving preliminary approval needs to be changed. At the last Council meeting this item was carried
over to tonight. As a result, we can not meet the statutory requirement for a public notice of the
hearing and accommodate the original June 8th date. Notice must be published at least 14 days and
not more than 30 days before the public hearing. As a result, the public hearing will be held on the
22nd of June if the resolution is passed.
•
•
i 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 22, 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.
i
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 aw firm i
e rm of Keened & Graven Chartered s authorized to act as Bond
Y
Counsel and to assist in the preparation and review of necessary documents
relating to the Project and bonds issued in connection therewith. The City
iManager 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.
S. 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
the bonds, or to issue the bonds in an amount less than the amount referred
RESOLUTION NO.
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.
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 Partnershi p, a Minnesota limite d part n er shi
p 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,
ulations
,
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
• the bonds, or to issue the bonds in an amount less than the amount referred
RESOLUTION NO.
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.
A=AaW `
v
WAZ e
A7 Ar
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 SELLERIBUYER 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
i1) Common Area Expansion-5,500 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 Replacement Carpet Re
p
p 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 ($10,902/d.u.) $1,330,000
60 Stall Heated Garage 600.000
Total Construction ($15,8201d.u.) $1,930,000
You will note we increased the rehab budget by $330,000 since our original submission based on
subsequent q 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
ipacting 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.
0 - 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 1st 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 East Fifth Street, St Paul, Minnesota 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.
Rivernlace Phase II, 6.5 acres East Hennepin, Minneapolis 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,
Robert J. Boisclair
President
RJB:lh
cc: Mike McCauley, City Manager
Encl: 1996 Audit
Questionnaire
Pro Forma
•
iii A2r r
Qom/
..�� ;
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
�J
Robert Boisclair
President
RJH:lh
encl. Bond Application $5,000 payment
FHA Sub Rehab Pro Forma
CITY OF BROOKLYN CENTER, MINNESOTA
PROGRAM FOR A
MULTIFAMILY HOUSING DEVELOPMENT
Pursuant to Minnesota Statutes, Chapter 462C (the "Act"), the City of Brooklyn Center,
Minnesota (the "City") is authorized to develop and administer programs to finance the
acquisition and rehabilitation of multifamily housing developments under the circumstances and
within the limitations set forth in the Act. Minnesota Statutes, Section 4620.07 provides that
such programs for multifamily housing developments may be financed by revenue bonds issued
by the City.
The City has received a proposal that it approve a program providing for 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, by Boca Limited Partnership, a
Minnesota limited partnership (the "Owner"). The acquisition and rehabilitation of the Project is
to be funded through the issuance of up to $7,200,000 in revenue bonds to be issued by the City
(the "Bonds"). The Owner will own and operate the Project as a senior residential rental project.
It is estimated that rents for the Housing Units will range from $595 per Month to $630 per
month for one-bedroom units and$720 per month to $750 per month for two-bedroom units.
The City, in establishing this multifamily housing program (the "Program"), has
considered the information contained in the City's comprehensive plan. The Project will be
• acquired and rehabilitated in accordance with the requirements of Subdivisions l and 2 of
Section 462C.05 of the Act.
Section A. Definitions. The following terms used in this Program shall have the
following meanings, respectively:
"Act" shall mean Minnesota Statutes, Chapter 462C, as currently in effect and as the same
may be from time to time amended.
"Bonds" shall mean the revenue bonds to be issued by the City.
"City" shall mean the City of Brooklyn Center. Minnesota.
"Housing Unit" shall mean any one of the apartment units, each located in the Project,
occupied by one person or family, and containing complete living facilities.
"Land" shall mean the real property upon which the Project is situated.
"Owner" shall mean Boca Limited Partnership. a Minnesota limited partnership.
"Program" shall mew) this Program for the financing of the Project pursuant to the Act.
"Project" shall mean the residential rental housing development consisting of
• approximately 1.22 Housing Units, to be acquired and rehabilitated by the owner.
0 V3SC t00t002v30CS\PR0Gr(AM.D0C 1 HousLNG Pxocwku
Section B. Program For Financing the Project. It is proposed that the City establish this
Program to provide financing for acquisition and rehabilitation of the Project at a cost and upon
such other terms and conditions as are set forth herein and as may be agreed upon in writing
between the City, the initial purchaser of the Bonds and the Owner. The City expects to issue the
Bonds as soon as the terms of the Bonds have been agreed upon by the City, the Owner and the
initial purchaser of the Bonds. The proceeds of the Bonds will be loaned to the Owner to finance
the acquisition and rehabilitation of the Project, to fund required reserves and to pay the costs of
issuing the Bonds. It is expected that a trustee will be appointed by the City to monitor the
rehabilitation of the Project and the payment of principal and interest on the Bonds.
It is anticipated that the Bonds will have a maturity of approximately thirty (30)years and
will bear interest at a variable rate or at fixed rates consistent with. the market at the time of
issuance.
The City will hire no additional staff for the administration of the Program. Insofar as the
City will be contracting with underwriters, legal counsel, bond counsel, the trustee and others, all
of who will be reimbursed from bond proceeds and revenues generated by the Program, no
administrative costs will be paid from the City's budget with respect to this Program. The Bonds
will not be general obligation bonds of the City, but are to be paid only from properties pledged
to the payment thereof, which may include additional security such as additional collateral,
insurance or a letter of credit.
• Section C. Local Contributions To The Program. The Owner has not requested any local
contributions to the Program with respect to the Project. It is anticipated that the Owner will
seek tax credits with respect to the Project.
Section D. Standards and Requirements Relating to the Financing of the Project Pursuant
to the Program. The following standards and requirements shall apply with respect to the
operation of the Project by the Owner pursuant to this Program:
(l) Substantially all of the proceeds of the sale of the Bonds %A ill be applied to
the acquisition and rehabilitation of the Project and to the funding of appropriate reserves.
The proceeds will be made available to the Owner pursuant to the terms of the Bond.
offering, which will include certain covenants to be made by the Owner to the City
regarding the use of proceeds and the character and use of the Project.
(2) The Owner, and any subsequent owner of the Project, will not arbitrarily
reject an application from a proposed tenant because of race, color, creed, religion,
national origin, sex, marital status or status with .regard to public assistance or disability.
(3) The Project is designed primarily for rental to elderly persons. Thus,
Section 462C.05, Subdivision 5 of the Act provides that the limitations set forth in
Section 462C.05, Subdivision 2 of Ghe Act are not applicable. Nevertheless, it is expected
that at least twenty percent (20%) of the Housing Units will be held for occupancy by
families or individuals with gross income not in excess of fifty percent (50%) of median
family income, adjusted for family size. This set aside would satisfy the low-income
D,V3SCIPU t)u21l�UCS\i'KL�RgM.oOC 2 HOUSING PROGRAM
• occupancy requirements of Section 462C.05, Subdivision 2 of the Act, if they were
applicable.
(4) The Project is designed to be affordable by persons and families with
Adjusted Gross Income of
n m excess of the eater f
J o a t
110 percent of the median
greater ( ) P an
family ncome as estimated
Y by the United States Department of Housing and Urban
Development for Hennepin.County, or(b) 100 percent of the income limits established by
the Minnesota Housing Finance Agency for the City and by other persons and families to
the extent determined ete e
nnin d to be necessary h 1'
� b the City in ;fiurtherance of the policy of economic
rY Y tY P Y
integration.
Section E. Evidence of Compliance. The City may require from the Owner, at or before
the issuance of the Bonds evidence a
, s t,,tacto to the City of the ability and intention of the
i D' tY tS'
Owner to complete the acquisition and rehabilitation of the Project, and evidence satisfactory to
the City of compliance with the standards and requirements for the making of the financing
established by the City, as set forth herein; and in connection therewith, the City or its
representatives may inspect the relevant books and records of the Owner in order to confine such
ability, intention and compliance. In addition, the City may periodically require certification
from either the Owner or such other person deemed necessary concerning compliance with
various aspects of this Program.
Subsection F. Issuance of Bonds. To finance the Program authorized by this Section, the
City may be resolution authorize, issue and sell revenues bonds in an aggregate principal amount
of up to approximately $7,200,000. The Bonds shall be issued pursuant to Section 462C.07,
Subdivision 1 of the Act, and shall be payable primarily from the revenues of the Program
authorized by this Section. The costs of the Project, including costs of issuance of the Bonds and
required reserve funds, are presently expected to be approximately $7,200,000. The costs of the
Project may change between the date of preparation of this Program and the date of issuance of
the Bonds. The Bonds are expected to be issued prior to June 1, 1999.
Section G. Severability. The provisions of this Program are severable and if any of its
pro-6sions, sentences, clauses or paragraphs shall be held unconstitutional, contrary to statute,
exceeding the authority of the City or otherwise illegal or inoperative by any court of competent
jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.
Section H. Amendment. The City shall not amend this Program., while Bonds
authorized hereby are outstanding, to the detriment of the holders of such Bonds.
Section 1. State Ceilino. Up to $7,200,000 of the state ceiling for private activity
bonds, pursuant to Section 146 of the Internal Revenue Code of 1986, as amended, and Chapter
474A of Minnesota Statutes, will be applied for with respect to the Bonds.
•
D:1ASC100;002\00CSWRO(:RAM DOC 3 HOUSING PROGRAM
•
City Council Agenda Item No. 9j
City of Brooklyn Center
A great place to start. A great place to stay.
MEMORANDUM
TO: Mayor Kragness, Councilmembers Carmody, Hilstrom, sman, and Peppe
FROM: Michael J. McCauley, City Manager
DATE: May 21, 1998
SUBJECT: Code Enforcement Update
City Manager will provide verbal update.
•
•
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 1 Equal Opportunities Employer
•
City Council Agenda Item No. 9k
•
•
• Member introduced the following resolution and moved
its adoption:
RESOLUTION NO.
RESOLUTION APPROVING SECTION 28 OF CHAPTER 389 OF THE LAWS
OF MINNESOTA 1998 - BROOKDALE SPECIAL TAXING DISTRICT
WHEREAS, the Laws of Minnesota 1998 Chapter 389, Section 28, provides that
the City of Brooklyn Center may establish a special taxing district and impose a tax under
Minnesota Statutes, Section 469.1791, for certain property within tax increment financing district
No. 3; and
WHEREAS, through the efforts of Speaker Phil Carruthers, Senator Linda Scheid,
and Representative Lyndon Carlson, this legislation was proposed and adopted.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that Section 28 of Chapter 389 of the Laws of Minnesota 1998 be and hereby
is approved.
•
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
•
City Council Agenda Item No. 91
•
i
Member introduced the following resolution and moved
• its adoption:
RESOLUTION NO.
RESOLUTION APPROVING SECTION 34 OF CHAPTER 389 OF THE LAWS
OF MINNESOTA 1998 - RENTAL PROPERTY IMPROVEMENTS ASSESSED
VALUATION ADJUSTMENT DEFERRAL
WHEREAS, the Laws of Minnesota 1998 Chapter 389, Section 34, provides for
an incentive for qualifying properties to be rehabilitated; and
WHEREAS, through the efforts of Speaker Phil Carruthers, this legislation was
proposed to include the City of Brooklyn Center in having the ability to allow improvements to
be made to qualified rental property without increasing the assessed valuation of such rental
property due only to such improvements for a limited period of time as an incentive to cause the
improvement of rental housing stock.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that Section 34 of Chapter 389 of the Laws of Minnesota 1998 be and hereby
is approved.
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
•
City Council Agenda Item No. 9m
•
•
City of Brooklyn Center
A great place to start. A great place to stay.
MEMORANDUM
TO: Mayor Kragness, Councilmembers ody, Hilstr , Lasman, and Peppe
FROM: Michael J. McCauley, City Manager ,—
DATE: May 21, 1998
SUBJECT: June 3, 1998, Work Session
I would request that a general work session be set for Wednesday, June 3, 1998, at 7 p.m. to
discuss general EDA issues, including development issues.
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