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HomeMy WebLinkAbout1998 06-22 CCP Regular Session Public Copy CITY COUNCIL MEETING City of Brooklyn Center June 22, 1998 AGENDA 1. Informal Open Forum With City Council - 6:45 p.m. - provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation - 7 p.m. - Father Stillmach, St. Alphonsus Catholic Church. 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. June 3, 1998 - Special Work Session 2. June 8, 1998 - Regular Session 3. June 10, 1998 - Special Work Session b. Resolution Designating a Custodian of City Investments C. Licenses d. Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 1998- 27, Contract 1998 -H, 1998 Sealcoating e. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees CITY COUNCIL AGENDA -2- June 22, 1998 • f. Resolution Authorizing the Execution of an Agreement with Hennepin County Regarding use of the County's Electronic Proprietary Geographical Digitized Data Base g. Resolution Certifying Local Performance Measures for Local Performance Aid Payable in 1999 7. Public Hearings a. An Ordinance Amending Chapter 12 of the City Ordinances Implementing a Time of Sale Housing Inspection, Requiring an Inspection, Disclosure of Consumer Information Concerning the Condition of a Dwelling Prior to its Sale, and Correction of Certain Hazardous Conditions -This item was first read on May 11, 1998, tabled to May 26, 1998, published in the ^ a a official newspaper June �, 1998, and is offered this evenin for a public hearin and second reading. - Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinance. b. An Ordinance Amending Chapter 23 of the Brooklyn Center Code of Ordinances, Relating to the Regulation of Pawnshops and Secondhand Goods Dealers -This item was first read on April 27, 1998, tabled to May 11, 1998, published in the official newspaper May 20, 1998, a public hearing and second reading were held June 8, 1998, and the public hearing was continued to this evening's meeting. - Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinance. 8. Planning Commission Items a. Planning Commission Application No. 98011 Submitted by the EDA of the City of Brooklyn Center. Request to rezone from R -4 (Multiple Family Residence) to R -2 (One and Two Family Residence) two parcels of land formerly addressed as 610 and 620 53rd Avenue North. The Planning Commission recommended approval of the application at its June 11, 1998, meeting. • CITY COUNCIL AGENDA -3- June 22, 1998 1. Resolution Regarding Disposition of Planning Commission Application No. 98011 Submitted by the Economic Development Authority of the City of Brooklyn Center. - Requested Council Action: - Motion to adopt resolution. 2. An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Bellvue Lane Addition) - Requested Council Action: - Motion to approve first reading of ordinance and set public hearing and second reading for July 13, 1998. b. Planning Commission Application No. 98012 Submitted by the Evangelical Lutheran Church of the Master. Request for a Planned Unit Development amendment for Phase II and Phase III of the Lutheran Church of the Master PUD. The Planning Commission recommended approval of the application at its June 11, 1998, meeting. - Requested Council Action: - Motion to approve Planning Commision Application No. 98012 subject to the conditions recommended by the Planning Commission. C. Planning Commission Application No. 98013 Submitted by the Evangelical Lutheran Church of the Master. Request for Preliminary Plat approval to combine into a single lot four parcels of land that make up the Lutheran Church of the Master complex. The Planning Commission recommended approval of the application at its June 11, 1998, meeting. - Requested Council Action: - Motion to approve Planning Commision Application No. 98013 subject to the conditions recommended by the Planning Commission. d. Planning Commission Application No. 98014 Submitted by the City of Brooklyn Center. Request for a Special Use Permit and Site and Building Plan approval for a new police department on property to be addressed as 6645 Humboldt Avenue North. - Requested Council Action: - Motion to approve Planning Commision Application No. 98014 subject to the conditions recommended by the Planning Commission. CITY COUNCIL AGENDA 4- June 22, 1998 • 9. Council Consideration Items a. Resolution Authorizing Acquisition of Property for Earle Brown Heritage Center Parking Lot - Requested Council Action: - Motion to adopt resolution. b. Resolution Accepting the Comprehensive Annual Financial Report of the City of Brooklyn Center for the Calendar Year Ended December 31, 1997, Ratifying Interfund Loans, and Writing Off Uncollectible Accounts - Requested Council Action: - Motion to adopt resolution. C. Report on Police/Fire Stations - Requested Council Action: - Verbal report will be provided by the City Manager. d. Set Date and Time of Special Meeting at Brookdale • - Requested Council Action: - Motion to cancel the June 29 and June 30 meetings and reschedule the special meeting for Monday, July 6, 1998, at 7:00 p.m., Brookdale Community Room. e. Spraying for Algae on Middle Twin Lakes - Requested Council Action: - City Manager will provide update. f. Recommended Amendments to Personnel Rules and Regulations 1. Resolution Amending Personnel Rules and Regulations Regarding Official City Holidays - Requested Council Action: - Motion to adopt resolution. 2. Resolution Amending Personnel Rules and Regulations Regarding Benefits During Probationary Period - Requested Council Action: - Motion to adopt resolution. g. Citizen Input - Park Improvements - Requested Council Action: ® - Council discuss. CITY COUNCIL AGENDA June 22, 1998 h. Report on Code Enforcement - Requested Council Action: -City Manager will provide verbal update. 10. Adjourn to Closed Session to Discuss Potential Lawsuit with City Attorney 1 I • City Council Agenda Item No. 6a i MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL ® OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL WORK SESSION JUNE 3, 1998 CONFERENCE ROOM B CITY HALL CALL TO ORDER The Brooklyn Center City Council met in a work session and was called to order by Mayor Myrna Kragness at 7:00 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kay Lasman, and Robert Peppe. Also present: Bob Thistle and Mike Mulrooney of Springsted and Associates, City Manager Michael J. McCauley, and Assistant City Manager Jane Chambers. DISCUSSION OF DEVELOPMENT ISSUES City Manager McCauley introduced Bob Thistle of Springsted and Associates and briefly introduced the subject of the Brookdale Redevelopment b Talisman Companies, L.L.C. Mr. Thistle outlined J P Y P for the Council the approach that Springsted and Associates took to evaluate the financial proposal and information provided to the City by Talisman Companies. Mr. Thistle reviewed the perspective of a developer and what the developer's objective is when entering into such a project. Mr. Thistle introduced Mike Mulrooney who presented a more detailed evaluation of the Talisman Financial Statements and their request for TIF Assistance. The analysis made by Springsted and Associates was done on a cash flow basis (cash on cash). Mr. Mulrooney reviewed in detail for the Council the developers cash flow projections and return on investment. This analysis was made from the developers own financial statements submitted to the City for review. After Mr. Mulrooney completed his review of these materials, Councilmember Lasman asked whether or not Talisman Companies would be in the Brookdale Project for the long run, and if the financial statements seemed to indicate that would be the case. Mr. Mulrooney responded that the length of time that Talisman Companies would own the mall depended upon a number of factors including the time horizon for the partnership, and what may or may not be in the long term investment for the partnership. Mr. McCauley indicated that one goal of the City may be to limit City participation in the Brookdale Redevelopment until the project has leased space and some redevelopment has occurred that will assure that City funds go in the back end of the project and not on the front end. • 06/03/98 -1- DRAFT Mr. McCauley answered questions from the Council regarding the partnership of the mall developers. He also addressed questions about the possibility of placing restrictions in the bond terms for the developer and outlined the anticipated tax revenues from the project. The Council engaged in a general discussion of the Talisman Proposal for TIF Assistance in the amount of $15,000,000. This request was discussed with regards to the amount of cash flow that is projected for the owners and the anticipated new tax revenues from the project to the City of Brooklyn Center. The impact of the Brookdale Redevelopment Project on other TIF projects was also discussed. At the end of discussion there was consensus on the terms by which the City Manager will engage in negotiations with Talisman for utilization of TIF Funds for redevelopment of the Brookdale Mall. These terms include how much TIF the City will contribute, the timing of TIF Funding, and the conditions to be placed on the developer as a result of rising TIF Funding. MISCELLANEOUS Councilmember Carmody brought to the Council's attention some concerns with regard to handling of City /County relationships, specifically with regard to the 53rd Avenue Project, and concerns expressed by Commissioner Opat. After discussion there was consensus that the Council would continue looking at ways to improve relationships with the County and Commissioner Opat. A correction was discussed by Mr. McCauley of a statement made regarding non -profit housing developer interest in Shingle Creek Towers. Mr. McCauley indicated that some non - profit developers had expressed interest in the Shingle Creek Tower Project late in 1997. ADJOURNMENT The meeting adjourned at 9:55 p.m. City Clerk Mayor 06/03/98 -2- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL ® OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA - SESSION JUNE 8, 1998 CITY HALL 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in informal open forum and was called to order by Mayor Myrna Kragness at 6:45 P m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kay Lasman, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager/HR Director Jane Chambers, Director of Public Works Diane Spector, City Attorney Charlie LeFevere, and City Clerk Sharon Knutson. INFORMAL OPEN FORUM ® Kevin Sitter, 5725 June Avenue North addressed the Council with concerns regarding t g g e h preliminary plat approval for 5621 Indiana Avenue North, specifically relating to the linkage of June and Indiana Avenues North. He requested a meeting of the neighbors, the developer, and the Council. There was discussion regarding the Council- approved preliminary plat and whether or not it could be modified. City Attorney Charlie LeFevere said the City has very little latitude in saying "no" to the street linkage as it is part of the Council- approved preliminary plat. 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 6:57 p.m. 2. IN The invocation was offered by Jerry Blarney, representing Cross of Glory Lutheran Church. 6/8/98 -1- DRAFT 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7:01 p m. 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kay Lasman, and Robert Peppe. Also present: City Manager Michael J. McCauley, 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, City Attorney Charlie LeFevere, and City Clerk Sharon Knutson. 5. COUNCIL REPORT Councilmember Lasman reported on the ribbon cutting ceremony for the grand re- opening of Centerbrook Golf Course and invited residents to visit the course. Councilmember Carmody announced that the Association of Rental Managers (ARM) annual bus tour of multi - family buildings in Brooklyn Center would be held Tuesday, June 9, 1998. 6. APPROVAL OF AGENDA AND CONSENT AGENDA City Manager McCauley requested the following two additions to the Council agenda: 1) Item 9h, An Ordinance Vacating a Portion of 4th Street North; and 2) Item 9i, Discussion of City Auction. A motion by Councilmember Carmody and seconded by Councilmember Lasman to approve the agenda and consent agenda as amended passed unanimously. 6a. APPROVAL OF MINUTES A motion by Councilmember Carmody and seconded by Councilmember Lasman to approve minutes of the May 18, 1998, Special Work Session, and May 26, 1998, Regular Session, passed unanimously. 6b. APPROVAL OF APPLICATION FOR EXEMPT PERMIT FROM GOODWILL/EASTER SEAL TO HOLD RAFFLE ON JULY 24 AND 25, 1998, AT EARLE BROWN HERITAGE CENTER, 6155 EARLE BROWN DRIVE 6/8/98 -2- DRAFT A motion by Councilmember Carmody and seconded by Councilmember Lasman to approve the application for exempt permit from Goodwill /Easter Seal to hold a raffle on July 24 and 25, 1998, at Earle Brown Heritage Center, 6155 Earle Brown Drive, passed unanimously. 6e. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NOS. 1998 -07, CONTRACT 1998 -J, 1998 -18 CONTRACT 1998 -K AND 1998 -19, CONTRACT 1998 -L STREET IMPROVEMENTS, 68TH AND LEE AVENUES NORTH, JOHN MARTIN DRIVE, AND JAMES AND 67TH AVENUES NORTH RESOLUTION NO. 98 -95 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NOS. 1998 -07, CONTRACT 1998 -J, 1998 -18, CONTRACT 1998 -K AND 1998 -19, CONTRACT 1998 -L STREET IMPROVEMENTS, 68TH AND LEE AVENUES NORTH, JOHN MARTIN DRIVE, AND JAMES AND 67TH AVENUES NORTH The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. 6d. RESOLUTION PROHIBITING PARKING ON JOHN MARTIN DRIVE FROM SHINGLE CREEK PARKWAY TO T.H. 100 RESOLUTION NO. 98 -96 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION PROHIBITING PARKING ON JOHN MARTIN DRIVE FROM SHINGLE CREEK PARKWAY TO T.H. 100 The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. 6e. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH Mn/DOT REGARDING UPGRADE OF TRAFFIC SIGNALS AT T.H. 100 AND COUNTY ROAD 10 6/8/98 DRAFT RESOLUTION NO. 98 -97 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH Mn/DOT REGARDING UPGRADE OF TRAFFIC SIGNALS AT T.H. 100 AND COUNTY ROAD 10 The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. 6f. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 98 -98 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. 6g. LICENSES A motion by Councilmember Carmody and seconded by Councilmember Lasman to approve the following list of licenses passed unanimously. AMUSEMENT DEVICES - OPERATOR Beacon Bowl 6525 West River Road Brooklyn Center Community Center 6301 Shingle Creek Parkway Earle Brown Bowl 6440 James Circle Davanni's 5937 Summit Drive Fuddrucker's 5800 Shingle Creek Parkway Lynbrook Bowl 6357 North Lilac Drive MCTO 6845 Shingle Creek Parkway AMUSEMENT DEVICES - VENDOR American Amusement Arcades 2100 West 96th Street, Bloomington CDL 12322 Business Park Blvd N, Champlin 6/8/98 -4- DRAFT MECHANICAL SYSTEMS Northwest Sheetmetal Co. of St. Paul 110 Sycamore Street W, St. Paul River City Sheetmetal, Inc. 10105 Linnet Street NW, Coon Rapids MOTOR VEHICLE DEALERSHIP R. L. Brookdale Motors, Inc. 6801 Brooklyn Boulevard RENTAL DWELLINGS Renewal: KMS Management, Inc. Ryan Lake Apartments KMS Management, Inc. Shingle Creek Apartments Barbara and Maurice Moriarty 2825 67th Lane N Gregory Lutgen 7216 Brooklyn Boulevard Jay Nelson Battenberg 5235 Drew Avenue N Roland Scherber 5243 Ewing Avenue N Robert and Marilyn Cashman 5430 Humboldt Avenue N Brett Parker 5242 Lakeside Place Steve Loechler 5736 Logan Avenue N Gerard Moss and Brett Hildreth 5519 Lyndale Avenue N SIGN HANGER Imaginality, Inc. 6182 Olson Memorial Hwy, Golden Valley TAXICAB Town Taxi, #123 7000 57th Avenue North, Crystal 7. PUBLIC HEARINGS 7a. AN ORDINANCE PROVIDING FOR THE SALE OF A PORTION OF BELLVUE PARK City �Iexplained the public hearing on this ordinance was tabled from May tY McCauley Y ex P p g Y _6 1998, due to a publication error by the Sun -Post and rescheduled to this evening. He stated this proposal has been discussed for several years, and this is necessary for the creation of a plat for the Bellvue Lane project which is part of the 53rd Avenue Linkage project. It includes the sale of a small portion of land used for park purposes which will be used as part of the 53rd Avenue Linkage project and sold off as lots. A motion by Councilmember Lasman and ec lm s onded b Counci ember Carmody too public en the Y P p passed assed unanimously. .. No public input was offered. 61/8/98 -5- DRAFT A motion by Councilmember Carmody and seconded by Councilmember Lasman to close the public hearing passed unanimously. ORDINANCE NO. 98 -01 Member Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE PROVIDING FOR THE SALE OF A PORTION OF BELLVUE PARK The motion for the adoption of the foregoing ordinance was duly seconded by member Carmody and passed unanimously. 7b. AN ORDINANCE AMENDING CHAPTER 23 OF THE BROOKLYN CENTER CODE OF ORDINANCES, RELATING TO THE REGULATION OF PAWNSHOPS AND SECONDHAND GOODS DEALERS City Manager McCauley explained this ordinance amendment is the result of a Council request and has had several drafts prepared by the Police Department and City Attorney's office. It would include exemptions for flea markets, sales of furniture (excluding electronic devices), sales of clothing (consignment), sales of recycled motor oil, sales by charitable organizations selling donated goods, sales of antiques or collectibles, sales of used books and magazines, resale of merchandise returned to the seller after an initial sale by the seller, and sales of used toys. It also includes additional reporting and receipting requirements by the Police Department, identification markings, and holding period. Councilmember Hilstrom raised the q uestion of the effect of the ordinance amendment on businesses such as FuncoLand and Disc -Go- Round. City Attorney LeFevere said the restrictions in the proposed ordinance are eased, and the businesses selling computer cartridges and diskettes are required to maintain certain records of a transaction so there is some control, but not as restrictive as secondhand goods dealers. Councilmember Carmody inquired if FuncoLand or Disc -Go -Round had been notified of the proposed ordinance. City Attorney LeFevere said he believed the Police Department had obtained information from representatives of FuncoLand regarding practices of the business, but he was not aware of special notification of the proposed ordinance. Councilmember Carmody raised the question of the effective date of the ordinance. Mr. McCauley responded July 17. A motion by Councilmember Carmody and seconded by Councilmember Lasman to open the public hearing passed unanimously. 6/8/98 -6- DRAFT No public input was offered. • Councilmember Hilstrom requested the public hearing be continued to the nest Council meeting in order to notify FuncoLand and Disc -Go -Round of the proposed ordinance. There was a motion by Councilmember Peppe to close the public hearing. The motion was later removed. There was a motion by Councilmember Carmody and seconded by Councilmember Hilstrom to continue the public hearing until June 22, 1998. S. PLANNING COMMISSION ITEM 8a. PLANNING COMMISSION APPLICATION NO. 98008 SUBMITTED BY THE EDA OF THE CITY OF BROOKLYN CENTER REQUESTING PRELIMINARY PLAT APPROVAL City Manager McCauley explained that Planning Commission Application No. 98008 was submitted by the EDA of the City of Brooklyn Center requesting preliminary plat approval. The conditions of the preliminary plat have been met, and a resolution approving final plat is also included. Planning and Zoning Specialist Ron Warren reviewed the request submitted by the EDA to divide 28 parcels of land into 15 residential lots. The location is between 4th Street North and Bryant . Avenue North, north of 53rd Avenue. There is a rezoning application on the June 11, 1998, Planning Commission agenda to rezone two lots currently zoned R4 (multi- family) to R2 (one and two - family residence). The Planning Commission reviewed the application at its May 14, 1998, meeting and tabled it to give City representatives an opportunity to meet with Hennepin County and Minneapolis representatives to discuss the proposal. The Planning Commission recommended approval of the. application at its May 28, 1998, meeting with slight modifications to the plat to provide for three lots instead of four on the west end of the Bellvue Lane cul -de -sac and to accommodate adjustments to the location of the easements for sewer and water lines. Mr. Warren reviewed the three conditions recommended by the Planning Commission and noted that the recommended conditions have been met, and the final plat is offered for approval. Councilmember Hilstrom asked why the zoning was R2 and not Rl. City Manager McCauley explained the zoning is consistent with the area. Mr. Warren defined the R2 zoning district and explained if the zoning were changed to RI there would be nonconforming uses. Councilmember Hilstrom raised the question of when the rest of the issues such as fences and design of houses would be back before the Council. Mr. McCauley responded approximately four to six weeks. ® 6/8/98 -7- DRAFT i There was a motion by Councilmember Lasman and seconded by Councilmember Carmody to approve Planning Commission Application No. 98008 submitted by the Economic Development • Authority of the City of Brooklyn Center requesting preliminary plat approval subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. Approval of this plat acknowledges the need to rezone the proposed Lots 1, 2, and 3, Block 2, from R -4 to R -2. The platting process may proceed, however, no building permits for said lots may be issued until the rezoning process has been completed. The motion passed unanimously. RESOLUTION NO. 98 -99 Member Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING FINAL PLAT — BELLVUE LANE ADDITION The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. SET DATE AND TIME OF COUNCIL MEETINGS City Manager McCauley explained that the Council had requested a special meeting with the residents of Shingle Creek Tower to discuss the proposal of the tentative new owner. A motion by Councilmember Lasman and seconded by Councilmember Carmody to set Tuesday, June 23, 1998, 7 p.m., Shingle Creek Tower, 6221 Shingle Creek Parkway, as a special session passed unanimously. Mr. McCauley requested approval of a number of work session dates to discuss the budget and general issues. A motion by Councilmember Hilstrom and seconded by Councilmember Lasman to set August 17, August 31, October 19, and November 16, 7 p.m., City Hall Conference Room B, as general Council work sessions passed unanimously. 6/8/98 -8- DRAFT • Mr. McCauley requested approval of a tentative meeting at Brookdale for the Council to view the model and videotape of the proposed Brookdale redevelopment. A motion by Councilmember Carmody and seconded by Councilmember Lasman to set June 29 and June 30, 1998, 7 p.m., Brookdale Community Room, as a Council work session passed unanimously. 9b. PROCLAMATION DECLARING JUNE 13,1998, AS HALL OF FAME DAY Mayor Kragness read the proclamation and expressed congratulations to Mr. Henry Dorff on his induction into the Brooklyn Center Hall of Fame. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to approve proclamation declaring June 13, 1998, as Hall of Fame day passed unanimously. 9c. RESOLUTION AUTHORIZING ACQUISITION OF PROPERTY FOR EARLE BROWN HERITAGE CENTER PARKING LOT City Manager McCauley requested this item be tabled to the next meeting to receive confirmation from the developer of acceptance of the proposed agreement terms. A motion by Councilmember Carmody and seconded by Councilmember Lasman to table to the next Council meeting a resolution authorizing acquisition of property for Earle Brown Heritage Center parking lot passed unanimously. 9d. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (EXTENDED STAY AMERICA) City Manager McCauley explained this ordinance was tabled after a public hearing pending final plat approval. Councilmember Hilstrom inquired how the contractor could begin work without the final plat approval. City Manager McCauley explained that the property owner is doing the groundwork. Mr. Warren explained the owner of the property is taking a risk, but it still is a legal lot on which to build. A motion by Councilmember Lasman and seconded by Councilmember Peppe to remove the ordinance from the table passed unanimously. • 5,8,98 -9- DRAFT ORDINANCE NO. 98 -02 Member Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (EXTENDED STAY AMERICA) The motion for the adoption of the foregoing ordinance was duly seconded by member Peppe and passed unanimously. 9e. AN ORDINANCE AMENDING ORDINANCE NO. 96 -11 REGARDING COUNCIL SALARIES FOR 1999 -2000 Citv Manager McCauley said this ordinance is the result of the Financial Commission recommendation to increase Council salaries by three percent in each of the years 1999 and 2000. A motion by Councilmember Lasman and seconded by Councilmember Carmody to approve first reading of an ordinance amending Ordinance No. 96 -11 regarding Council salaries for 1999 -2000 and set July 13, 1998, as second reading and public hearing passed unanimously. 9f. STAFF REPORT REGARDING PROPOSED MEDIAN ON 66TH AVENUE FOR PROPOSED HOLIDAY STATION City Manager McCauley said at the last Council meeting the analysis for a broken median on 66th Avenue from T.H. 252 to Camden Avenue was reviewed. It is requested the Council approve the installation of the first phase of the broken median concept. Councilmember Hilstrom raised the question of whether or not the developer would be required to pay for both portions of the broken median. Mr. McCauley responded that the developer would pay for the first phase. Director of Public Works Diane Spector reviewed the three options identified for 66th Avenue: I. Do nothing except restripe the median on 66th. This would result in conflicting traffic movements between SuperAmerica and Holiday. The offset driveways would create sight problems for turning movements. Existing stacking traffic problems would not be corrected. 2. Construct a continuous median from T.H. 252 to Camden Avenue. There would not be full access to the parcels on both the north and south sides of 66th. It would. cause drivers to make U -turns at either Camden Avenue or T.H. 252. 6/8/98 -10- DRAFT • 3. Constrict a broken median which would allow full access to parcels on the north and • south sides of 66th midway between T.H. 252 and Camden Avenue. Through traffic would not be impeded as there are multiple lanes on 66th Avenue, so the stacking left turn lanes are adequate. Ms. Spector explained that Staff recommends that only the easternmost portion of the median be constructed at this time. The intersection at Camden would have to be revised with additional turn lanes and potentially a traffic signal in accordance with s specific development proposal, when such a proposal is presented in something more than conceptual form. A motion by Councilmember Carmody and seconded by Councilmember Lasman to approve installation of the first phase of the broken median concept along 66th Avenue passed unanimously. 9g. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, NEW TELEPHONE SYSTEM FOR CITY HALL AND OTHER LOCATIONS City Manager McCauley said that a new telephone system for City Hall and other facilities was included in the 1998 Capital Outlay Budget. This system would be for City Hall, Community Center, East Fire Station, Earle Brown Heritage Center, Public Works facility, and Centerbrook Golf Course. Councilmember Hilstrom raised the issue that a number of the locations are enterprises and inquired if the enterprise funds would be budgeted for the cost. Mr. McCauley responded that a proportionate • amount would be charged against the enterprise funds. Councilmember Hilstrom inquired as to the life expectancy of the new phone system. Mr. McCauley responded approximately ten years. RESOLUTION NO. 98-100 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, NEW TELEPHONE SYSTEM FOR CITY HALL AND OTHER LOCATIONS The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. 9h. AN ORDINANCE VACATING A PORTION OF 4TH STREET NORTH City Manager McCauley explained the street vacation is required in order to file the plat with Hennepin County. • 6/8/98 -11- DRAFT A motion by Councilmember Lasman and seconded by Councilmember Carmody to approve first reading of an ordinance vacating a portion of 4th Street North and setting July 13, 1998, as second • reading and public hearing passed unanimously. 9i. DISCUSSION OF CITY AUCTION City Manager McCauley explained that in previous discussions with Council regarding the auction the method for publication would be the City newsletter and advertisement in the Brooklyn Center Sun -Post. Through a communication error the ad was placed in the Minneapolis Star Tribune. The auction is scheduled for Saturday, June 13, at Anoka- Fridley Auctions, 17010 Highway 10, Big Lake. The auction house has distributed and posted several flyers advertising the auction. Mr. McCauley inquired if there were any objections by Council to go forward with the scheduled auction on Saturday, June 13. Councilmember Hilstrom inquired if the Council would be requested to approve future auctions. Mr. McCauley responded that Staff would proceed with scheduling future auctions and re- evaluate this procedure after one year. Council consensus was to proceed with the City auction as scheduled. 10. ADJOURNMENT A motion by Councilmember Hilstrom and seconded by Councilmember Lasman to adjourn the • meeting at 7:48 p.m. passed unanimously. City Clerk Mayor Recorded and transcribed by: Sharon Knutson 6/8/98 -12- _ DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL WORK SESSION " JUNE 10, 1998 CONFERENCE ROOM B CITY HALL CALL TO ORDER The Brooklyn Center City Council met in a work session and was called to order by Mayor Myrna Kragness at 7:00 p m. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom and Kay Lasman. Robert Peppe was not present, and Kathleen Carmody arrived at approximately 7:15 p.m. Also present: Financial Commission Chair Donn Escher, Jerry Blarney, City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, and Finance Director Charlie Hansen. DISCUSSION OF AN INVITATION FOR THE COUNCIL TO ATTEND A RESIDENT MEETING AT SHINGLE CREEK TOWERS ON JUNE 17, 1998, AT 7:00 P.M. r Some Councilmembers indicated that they might attend the meeting. The City Clerk will be requested to post the meeting notice. DISCUSSION OF FINANCIAL AUDIT REPORT Mr. Cliff Hoffman, Partner, and Kent Rademacher, a Senior with Deliotte & Touche LLP were introduced. Mr. Hoffman reviewed with the Council the pages of the selected financial information dated December 31, 1997. He reviewed page 11, the presentation of Market Values and Legal Debt Margins, and page 12 which discussed the TIF Debt. Mr. Hoffman praised the fiscal management of the City. The audit report is an unqualified report again this year. Mr. Hoffinan described and reviewed several strengths in the City's financial planning and management. He also discussed challenges facing cities, including Brooklyn Center related to the reliance on State Funding for significant portions of their revenues, planning five year outlooks, and the year 2000. A further review of the financial report was made with the Council by Kent Rademacher. Mr. Rademacher reviewed the management letter developed by Deloitte & Touche for the 1997 Audit. Issues regarding discounting of City services and customer service changes at the City's Reception Desk were discussed. The year 2000 concerns contained in the management letter were also discussed with the Citv Council. 06/10/98 -1- DRAFT Concerns regarding how to avoid financial issues such as those that occurred with the City of Cambridge, Minnesota, were discussed by the Council with the Auditors and the City Manager. • Councilmember Lasman asked about page 57 with regards to what were personal services by the Mayor and the City Council. The answer was that personal services represented the salaries and benefits received by Council Members. Councilmember Lasman also asked about expenditures in the Park and Recreation Division. Finance Director Hansen responded to her question regarding which items were in operational cost of the programs in parks, which were included in Capital Expenditures. Mr. McCauley also responded to her question with regard to how program expenditures may have been reduced by increase of fees that the Council approved for 1997, and also indicated that some costs may have been shifted from one portion of the Park and Streets Budget to another in 1997. Budget year 1997 was the first year of the budget changes that had been implemented by the City Manager to show more accurate accounting where costs were occurred. Councilmember Hilstrom asked where accounting for inter fund loans was within the management letter. Finance Director Hansen responded that questions about the inner fund loans were covered by note nine on page 43. ADJOURNMENT The meeting adjourned at 8:50 p.m. City Clerk Mayor 06/10/98 -2- DRAFT e • City Council Agenda Item No. 6b • • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Charlie Hansen, Finance Director C N DATE: June 12 1998 SUBJECT: Resolution Designating A Custodian of City Investments The City's Policy and Procedure for Proposals for Financial Professional Services has a schedule which calls for doing a request for proposal (RFP) for custodian of city investments during 1998. On April 13, 1998, the City Council approved Resolution 98 -50 which approved specifications for this RFP. The City has retained US Bank as custodian of city investments since 1993. The purpose of the custodian is to hold the City's securities in a bank trust department with a separate federal bank charter. This separates the holding of securities from any bank or broker through which investments are bought or sold. In such an arrangement, the securities are immediately accessible to the City in the event of a bank insolvency. The custodian also provides a higher level of control • over the movement of cash and securities at the times when investments are purchased or sold. The City received proposals from US Bank and Norwest Banks. Both banks have bank trust departments with a separate federal bank charters. Both proposals provided for a comprehensive level of services which met the requirements of the specifications for this RFP. Based upon their written proposals and interviews, it appears the Norwest may provide a slight advantage in the quality of their services. The fees proposals differ in their structure and are dependent upon the amount of assets held in custody. At our current level of assets in custody, Norwest's proposal costs about $4,300 a year while US Bank's proposal costs about $5,000. The level of assets will decline over the coming year as securities are cashed in to pay for construction of buildings. At the level of assets likely to exist in a year, the fee proposals are nearly equal at about $3,000 per year. Based upon the information described above, I am recommending the appointment of Norwest Banks as custodian of city investments. The schedule in City's Policy and Procedure for Proposals for Financial Professional Services calls for again doing a request for proposal (RFP) for custodian of city investments in six years. One could be done earlier if staff became aware of service problems or any other reason for conducting an RFP. Member introduced the following resolution and moved • its adoption: RESOLUTION NO. RESOLUTION DESIGNATING A CUSTODIAN OF CITY INVESTMENTS WHEREAS, the City Council adopted a Policy and Procedure on Requests for Proposals for Financial Profession Services; and WHEREAS, proposals for custodian of city investments services are scheduled to be solicited in 1998 in accordance with this policy; and WHEREAS, requests for proposals for custodian of city investments services were solicited and two responses were received and evaluated. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that: 1. The proposal of Norwest Banks to provide custodian of city investments services is hereby approved. • 2. The Mayor and City Manager are authorized and directed to execute the necessary contracts on behalf of the City. 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 s City of Brooklyn Center A great place to start. A great place to stay. MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: June 1 8, 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 b the City Council on June 22 1998: pP Y tY GARBAGE AND REFUSE COLLECTION Darling International Inc. P.O. Box 12785, New Brighton Aagard Environmental 3291 Terminal Drive, Eagan RENTAL DWELLING Initial: Ruth Cioni 5115 Twin Lake Boulevard East Renewal: John Schwarz 54016' rd Avenue North Susan Jenson 6628 Camden Drive North Gary Anakkala 5412 -12 % Fremont Avenue North SING HANGER All -Brite Sign, Inc. 5223 Lakeland Avenue North, Crystal 6301 Shingle Creek Pkwy, Brooklyn Center, MV 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. 6d • • MEM0RANDUM • DATE: June 16, 1998 TO: Michael J. McCauley, City Manager FROM: Scott A. Brink, City Engineer SUBJECT: Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 1998 -27, Contract 1998 -H, 1998 Sealcoating Summary Explanation Bids for Contract 1998 -H, 1998 Sealcoating were received on June 17, 1998. The contract is for the annual sealcoat program, which is budgeted at $90,000 annually in the Street Maintenance Division. Attached is a map showing the streets proposed to be sealcoated in 1998. The bidding results are tabulated as follows: Bidder Bid Amount Allied Blacktop Company $89,965.60 Astech Corporation $99,277.20 s Of the bids received, the lowest bid of $89,965.60 was submitted by Allied Blacktop Company of Maple Grove, Minnesota. The Engineer's Estimate for this project was $90,000.00. Allied Blacktop Co. has.proven experience in performing all of the requirements included in this contract, and has performed many similar projects for the City of Brooklyn Center. Accordingly, staff recommends acceptance of the low bid and award of a contract to Allied Blacktop Co. Recommended City Council Action Approve the attached resolution accepting the low bid and awarding a contract to Allied Blacktop Company. Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 1998 -27, CONTRACT 1998 -H, 1998 SEALCOATING WHEREAS, pursuant to an advertisement for bid for Improvement Project No. 1998 -27, bids were received, opened, and tabulated by the City Clerk and Engineer, on the 17th day of June, 1998. Said bids were as follows: Bidder Allied Blacktop Company $89,965.60 Astech Corporation $99,277.20 WHEREAS, it appears that Allied Blacktop Company is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with Allied Blacktop Company of Maple Grove, Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 1998 -27, Contract 1998 -H, according to the plans and specifications therefor approved by the City Council and on file in the office of the City Engineer. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract is signed. 3. All costs shall be charged to the Street Maintenance Division. 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. s �"Z � �► � � ' • � i.�' ii .ii� ST�7 1, �„ /III Qy►gj /On� r ral MY j .. • - all Mw r r� i� t , I � ,, 1/ ►� I ■I % tam r � �� r�1 n1! so. =7 == ='/ � X111 �__r � �. 5 r � r ■ r � � � Ilili IIA Its Z �r� c ¢� 9?i 'It1��ir � � : 1111i��►I f1��i 31� �1 1 1 i I .'�r ��� x'11 �'3 ■11t /1 �It I1 ■ �� ■rt = a � � ■ - � =► � �� � iii unn� Ii�� �i . � �_ _ �� :� �� a � _ � ♦ �i ■ItH/Ij I Qlj�I1f O n / / /n /II r �• 3iI / ■■ : .: -p ■ N r - �i� � /evt:.�i� am a =nnruuar'L• • ��ic�:.,�! ■` �- : ■►��' '� ■_ ° 0 4r�un ■ u ,� . -� •. iii ntur/nnui'.•� a p ♦ a+ ■I S'LS /Hlf I 11 /1 ■ ■ ■ ■ / / / /I III' w�r ■ ' i1 /t /r /I� � 1%I ir'i ■/8 , In 111 UInn11• � a�?�3iZ � nnwum/ -�■ fw�■/Inrr�+l, .� 11 ■1= r '.I = ��, 1/ /1 an ■/■I/ I1//■ t /II ■1 /n► • ■f n I■ _ �ir� '/ n ROlf "11n�►♦ .• �� _ •♦ NUh�I , ... nos • /i t oun� �i ♦� humu. r Iili � / f =unn � ■ 3 . ���� ■11/1..__ - 1t ■/1 III I 11111 1 tf1■ 1,- r !�•��j� , n /Irj�t /� X 11 111 ■rI /I�� �I�j O ', � �• / �IIII�1 / � � I � r "'�I I pII �a �10 yy .n ■ rfldfltE91NI/r.F�V I s m r �■t1 II .... � ii. rr rr � -r i tn■i ����� nl�- -•�.1' �I - �■ a t nun � ►.....;�� ■ � 001 ► �O��Oi, n �In 111 ■f�` ►.�.�.�.� ! 11 a l l E a Pig Room MA 11111 PA ME so _.ormnr� •••� Irmo e l m ' 1 -- 1� City Council Agenda Item No. 6e • • • IIEMO RAN DUII DATE: June 17, 1998 TO: Michael J. McCauley, City Manager FROM: Joyce Gulseth, Public Works Administrative Aide' LLfl 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. • Member introduced the following resolution and moved its ® adoption: RESOLUTION NO. RESOLUTION DECLARNG 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 O`W'NER PROPERTY ADDRESS NUMBER ----------- - - - - -- -------------- - - - - -- - - - - -- ROLAiND SCHERBER 1600 69TH AVE N 50 JEROME & GERMAINE ZYVOLOSKI 3013 68TH AVE N 51 ARVID & BARBARA SORENSON 6901 TOLEDO AVE N 52 SCOTT FRENCH 5247 DREW AVE N 53 JAMES & BEVERLY FULTON 5159 DREW AVE N 54 CITY OF BROOKLYN CENTER TRIANGLE PARK 55 RODNEY & VICTORIA SNYDER 6408 WILLOW LN 56 GARY BUMMER 407 70TH AVE N 57,60,61,69 RONALD & EDYTHE DANIKERT 5330 OLIVER AVE N 58 LINDA ERDAHL/ THEODORE ELLIOT 720 69TH AVE N 59 CITY OF BROOKLYN CENTER EVERGREEN PARK 62 LORIE MUNSON 3612 URBAN AVE N 63 RICHARD & PHYLLIS SCHWOCH 6924 DREW AVE N 64 DAVID CERVANTES 5024 71ST AVE N 65 JOHN STEPHENS 3824 BURQUEST LANE 66 CITY OF BROOKLYN CENTER CITY GARAGE 67 EDWARD & CAROL KLEVEN 5835 ZENITH AVE N 68 RESOLUTION NO. • 2. After twenty (20) days from the date of the notice, the property owner(s) will receive a second written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. All removal costs, including legal, financing, and administrative charges, shall be specially assessed against the property. I Date Mayor ATTEST: City Clerk t 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 DATE: June 18, 1998 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Workj SUBJECT: Resolution Authorizing the Execution of An Acyreement With Hennepin County Regarding Use of the County's Electronic Proprietary Geographical Digitized Data Base This proposed agreement is a fairly routine matter, but it is worthwhile to take some time to review the background of geographic information systems in Brooklyn Center so as to better understand the proposed agreement. Computerized mapping, or geographic information systems (GIS) was initiated in Brooklyn Center in 1987, when we joined with LOGIS and four other cities to implement UltiMap, GIS software developed by Hennepin County, using the County's base map. A base map is the digital data needed to describe and render such geographic features as street right of ways, parcel boundaries, waters, and other surface features, as well as identifiers such as plat names, PID numbers and street addresses. Implementing GIS also meant purchasing a $2,000 computer workstation, a special plotter, expensive software, and dedicating one engineering technician to this endeavor almost full -time. GIS has changed tremendously since that time. The user group about four years ago dropped UltiMap and adopted Arclnfo /ArcView, which are "off the shelf' programs, as its software standard. Almost any current- generation desktop PC can run ArcView, which opens up computerized mapping to a great variety of people at various levels of computer sophistication. The software itself is much more powerful, and any data which has associated with it either PID or street address can be mapped, a process which is called thematic mapping. And LOGIS now maintains our digital database, which means that we no longer have to dedicate a full -time person to mapping. While we continue to use Hennepin County's base map, another change overtime is that Hennepin County has become much more protective and proprietary over the base map and its use. The base map represents a huge investment by Hennepin County in terms of staff time and resources. The most important reason why Brooklyn Center and virtually every other city in Hennepin County with GIS uses the Hennepin County base map is because of the enormous investment in time and resources it takes to build a base map. Other cities in other counties whose base map is not as advanced as Hennepin County's are finding that they have to dedicate two or more people for a year or more simply to digitize plats, then additional time and effort to create a usable base map from that data. Hennepin County desires to protect its data from not • only unauthorized use, but also unauthorized use for profit. The Agreement The Citv through LOGIS has had a licensinC7 agreement with Hennepin Count since we first b = p Y accepted the base map data. This years' proposed agreement is to be directly with the City, and contains additional provisions which are designed to protect Hennepin County -- and the City -- from unauthorized use of the data, or from use of the data for profit without reimbursement of the costs associated with developing the base map. From the City's perspective, little of consequence will chan ge, although some procedures will become more bureaucratic. Essentially, the agreement stipulates that the Electronic Proprietary Geographical Digitized Data Base (EPDB) is defined under the Data Practices Act as trade secret or confidential information and is subject to copyright protection. Also, the City may not directly furnish the City's base map in electronic form to any other party unless that party also executes a license agreement. The City's consultants, who typically obtain base map data from staff or from LOGIS, would still be able to acquire the base map, but would also be required to execute a license agreement with Hennepin County. • • Agreement No. • HENNEPIN COUNTY CONDITIONAL USE LICENSE AGREEMENT THIS AGREEMENT, made by and between the COUNTY OF HENNEPIN, Taxpayer Services Department, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County ", and the City of Brooklyn Center, hereinafter referred to as the "Entity ". For purposes of this Agreement, the address of the County is A703 Government Center, Minneapolis, Minnesota 55487 -0073 and the address of Entity is 6301 Shingle Creek Pkwy, Brooklyn Center, Minnesota 55430 -2199. WITNESSETH `WHEREAS, the County has developed electronic forms of certain data bases and an electronic proprietary geographical digitized data base hereinafter referred to as "EPDB "; and WHEREAS, the Entity desires to use the County's EPDB in the course of conducting the Entity's business; and WHEREAS, in acknowledgment of the Entity's above - stated purpose, the County is agreeable to provide to the Entity the EPDB described in Appendices A and B; and WHEREAS, the parties agree that the execution of this Agreement is necessary in order to adequately protect said EPDB; and WHEREAS the County xclusive) owns the EDPB which is the subject of this tY Y J Agreement and has the authority and legal right to grant Entity a license to have and use the EPDB as provided in this Agreement; and WHEREAS, the EPDB is trade secret or confidential information under the Minnesota Government Data Practices Act, is subject to copyright protection, and is governed by Minnesota Statutes sections 375.86 and 13.03 as well as other applicable state and federal law. NOW THEREFORE, in consideration of the premises, as well as the obligations herein made and undertaken, the parties hereto, intending to be legally bound, hereby agree as follows: Section 1 SCOPE OF AGREEMENT 1.1 This License Agreement shall apply to the EPDB as described in Appendices A and B herein. • Section 2 GRANT OF LIMITED LICENSE 2.1 The County hereby grants the Entity a non - exclusive, nontransferable and nonassignable limited use license to use the EPDB. Said license shall commence on the date of approval of this Agreement by the County and shall extend throughout the term of the copyright unless terminated sooner, in accordance with the provisions hereof. Section 3 ACKNOWLEDGMENT OF PROPRIETARY INFORMATION RESERVATION OF TITLE 3.1 The Entity acknowledges and agrees that the EPDB is the exclusive property of the County, including, but not limited to, any and all indexes, and includes commercially valuable information which reflect the efforts of skilled development experts and required the investment of considerable amounts of time and money, and that the County has treated the EPDB as trade secret and confidential information, which County entrusts to the Entity in confidence to use in the conduct of the Entity's business. The Entity further acknowledges and agrees the EPDB is a creative selection, coordination, arrangement and method of arrangement of data subject to copyright protection; is self - developed computer software under Minn. Stat. § 375.86 and is an entire or substantial and discrete 0 portion of a pattern, compilation, method, technique, process, data base or system developed with significant expenditure of funds by County under Minn. Stat. § 13.03. The Entity agrees that the County owns and reserves all rights, protection and benefits afforded under federal copyright law in all EPDB furnished to the Entity as unpublished works, as well as all rights, protection and benefits afforded under any other law relating to confidential and/or trade secret information respecting said EPDB, and that the Entity will abide by all relevant laws, rules, regulations and decisions which afford protection to the County for its confidential and trade secret information and said copyright. This Agreement does not effect any transfer of title in or to any EPDB of the County. The Entity acknowledges that it is granted only a limited right of use of such EPDB, which right is not coupled with an interest, and the Entity shall not assert nor cause or cooperate with others to assert any right, title, or interest in any EPDB of the County. Section 4 PROTECTION OF PROPRIETARY INFORMATION 4.1 Obligations of Confidentiality, Limitations of Use. The Entity shall neither disclose, furnish, sell, resell, transfer, duplicate, reproduce nor disseminate, in whole or in part, the EPDB of the County and its unique design, arrangement or method of arrangement in its electronic form furnished to the Entity to (1) any other person, firm, entity, organization, or subsidiary, except as expressly authorized hereunder; or (2) any employee of the Entity 2 who does not need to obtain access thereto in connection with the Entity's exercise of its rights under this Agreement. The Entity shall be permitted to have one (1) back -up copy of the EPDB. The Entity shall not otherwise copy or reproduce any EPDB of the County. Under no circumstances may the entity disclose or disseminate any EPDB to any other public or private entity. The obligations of the Entity to protect confidentiality which are established by this Agreement apply to the EPDB itself and not to any graphic representation or products produced by the Entity while using the EPDB. Any authorized consultants, contractors or agents of Entity must properly execute and file a separate EPDB Conditional Use License Agreement with Hennepin County. The Entity expressly agrees to use the County's EPDB in the ordinary course of its business and all such use shall bear a notice of copyright by Hennepin County. 4.2 Secure Handling. The Entity shall require that all EPDB and the one (1) back -up copy be kept in a secure location at 6301 Shingle Creek Pkwy., Brooklyn Center, Minnesota 55430 -2199, and maintained in a manner so as to reasonably preclude unauthorized persons from having access thereto. The Entity shall devote its reasonable efforts to ensure that all persons afforded access to EPDB protect same against unauthorized use, dissemination or disclosure. Except for off -site backup, the Entity shall not remove or cause or allow to be removed from the Entity's place of business or the place of business of any EPDB or any copy thereof without the prior written consent of the County, which consent shall not be unreasonably withheld. 4.3 Assistance of the Entity. At the request of the County and expense of the Entity, the Entity shall use good faith and reasonable efforts to assist the County in identifying any use, copying, or disclosure of any EPDB by any current or former Entity personnel -- or anyone else who may have come in possession of said EPDB while the same was in the Entity's possession — in any manner that is contrary to the provisions of this Agreement so long as the County shall have provided the Entity with information reasonably justifying the conclusion of the County that such contrary use may have occurred. 4.4 Survival of Confidentiality Obligations. The Entity's obligations respecting confidentiality of the EPDB shall survive termination of this Agreement for any reason and shall remain in effect for as long as the Entity continues to possess or control any EPDB furnished by the County. In addition, the County shall remain entitled to enforce its copyright and propriety interests in all EPDB. Section • TERINI, TERMINATION 5.1 The Entity and the COUNTY agree that this Agreement is in effect during the period commencing February 1, 1998 and terminating December 31, 1998. This Agreement shall commence from the date hereof, unless sooner terminated by either party with cause upon three (3) calendar days' written notice to the other. The expiration or termination of this Agreement shall automatically and without further action by the County terminate and extinguish the license. In the event of any such expiration or termination, the County shall have the right to take immediate possession of said EPDB, and all copies thereof wherever located, and without demand or notice. Within five (5) days after expiration or termination of this Agreement, the Entity shall return the EPDB and all copies thereof to the County, or upon request by the County, the Entity shall destroy all of the same and all copies thereof and certify in writing to the County that the same has been destroyed. 5.1.1 It is agreed that any right or remedy provided for herein shall not be considered as the exclusive right or remedy but shall be considered to be in addition to any other right or remedy hereunder or allowed by law, equity or statute. 5.1.2 The County's failure to insist upon strict performance of any covenant, agreement or stipulation of the Agreement, or to exercise any right herein contained shall not be a waiver or relinquishment of such covenant, agreement, stipulation or right, unless the County stipulates thereto in writing. Any such written consent shall not constitute a waiver or relinquishment of such covenant, agreement, stipulation or right. Section 6 INJUNCTIVE RELIEF 6.1 The Entity acknowledges and agrees that unauthorized disclosure or use of the EPDB or any part thereof could cause irreparable harm and significant injury to the County, which may be difficult to measure with certainty or to compensate through damages. Accordingly, the Entity agrees that the County may seek and obtain against the Entity and/or any other person or entity injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other equitable or legal remedies which may be available. Section 7 OTHER TERNIS AND CONDITIONS 7.1 No Agency. The parties hereto are independent contractors, and nothing herein shall be construed to create an agency, joint venture, partnership or other form of business association between the parties hereto. • 4 7.2 No Waiver. No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof unless the same is consented to in writing. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be observed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained. All remedies provided for in this Agreement shall be cumulative and in addition to, and not in lieu of, any other remedies available to either party at law, in equity, or otherwise. 73 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 7.4 Entire Agreement. This License Agreement constitutes the entire Agreement between the parties, and there are no understandings or agreements relative hereto other than those that are expressed herein. No change, waiver, or discharge hereof shall be valid unless in writing and executed by the party against whom such change, waiver, or discharge is sought to be enforced. 7.5. No Assignment. Neither party shall assign, sublet or transfer this Agreement, either in whole or in part, without the prior written consent of the other party, and any attempt to do so shall be void and of no force and effect. 7.6 THE ENTITY AGREES THAT THE COUNTY IS FURiNISHING THE EPDB ON AN "AS IS" BASIS, WITHOUT ANY SUPPORT WHATSOEVER, AND WITHOUT REPRESENTATION OR ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT IN ANY MANNER LIMITED TO, FITNESS FOR PARTICULAR PURPOSE, MERCHANTABILITY OR THE ACCURACY AND COMPLETENESS OF THE EPDB. THE COUNTY'S SOLE LIABILITY AND THE ENTITY'S EXCLUSIVE REMEDY FOR ANY SUBSTANTIAL DEFECT WHICH IMPAIRS THE USE OF THE EPDB FOR THE PURPOSE STATED HEREIN SHALL BE THE RIGHT TO TERMINATE THIS AGREEMENT. 7.7 In no event shall the County be liable for actual, direct, indirect, special, incidental, consequential damages (even if the County has been advised of the possibility of such damage) or lost of profit, loss of business or any other financial loss or any other damage arising out of performance or failure of performance of this Agreement by the County. The County and the Entity agree each will be responsible for their own acts and omissions under this Agreement and the results thereof to the extent authorized by law and shall not be responsible for the acts or omissions of the other party under the Agreement and the results thereof. The parties' respective liabilities shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes Chapter 466, and • 5 other applicable law. This paragraph shall not be construed to bar legal remedies one • party may have for the other party's failure to fulfill its obligations under this Agreement. 7.8 Notice. Any notice or demand shall be in writing and shall be sent registered or certified mail to the other party address as follows: To the Entity: City of Brooklyn Center 6301 Shingle Creek Pkwy. Brooklyn Center, MN 55430 -2199 To Hennepin County: Hennepin County Administrator A -2300 Government Center (233) Minneapolis, MN 55487 -0233 Copy to: Robert L. Hanson Hennepin County Chief Information Officer A -1900 Government Center (190) Minneapolis, MN 55487 -0190 Copy to: Patrick H. O'Connor Director, Taxpayer Services Department A -600 Government Center (060) Minneapolis, MN 55487 -0060 7.9 Whereas Clauses. The matters set forth in the "Whereas" clauses on page one of this Agreement are incorporated into and made a part hereof by this reference. 7.10 Survival of Provisions. It is expressly understood and agreed that the obligations and warranties of the Entity under Sections 3, 4, 5, 6, 7.6, and 7.7 hereof and the obligations and warranties of the Entity and the County which by their sense and context are intended to survive the performance thereof by the Entity and the County, shall so survive the completion of performance and termination or cancellation of this Agreement. This portion of page intentionally left blank 6 . COUNTY ADMINISTRATOR APPROVAL ENTITY, having signed this Agreement, and the County having duly approved this Agreement on the day of , 19 pursuant to such approval, the proper County officials having signed this Agreement, the parties hereto agree to be bound by the provisions herein set forth. Approved as to form COUNTY OF HENNEPIN and execution. STATE OF MINNESOTA By: Assistant County Attorney Deputy /County Administrator Date: CITY OF BROOKLYN CENTER By: Mayor ® And: City Clerk/ City Manager • 7 Member introduced the following resolution and moved • its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH HENNEPIN COUNTY REGARDING USE OF THE COUNTY'S ELECTRONIC PROPRIETARY GEOGRAPHICAL DIGITIZED DATA BASE WHEREAS, the City desires to continue to have access to and use the County's Electronic Proprietary Geographical Digitized Data Base for automated mapping; and WHEREAS, Hennepin County has prepared a Conditional Use License Agreement detailing the terms of usage for the period commencing the date of execution of said agreement and terminating December 31, 1998. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the Mayor and City Manager are hereby authorized and directed to execute the Conditional Use Agreement with Hennepin County regarding use of the County's Electronic Proprietary Geographical Digitized Data Base. 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. 6g MEMORANDUM DATE: June 18, 1998 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Work SUBJECT: Annual Report on the Use of Local Performance Aid A requirement for cities receiving Local Performance Aid from the State of Minnesota is that the City Council annually receive a report regarding its use and whether the indicated performance measures were actually met. The council must also affirm that the aid received will result in a reduction in property taxes at least equal to the amount of aid received, and that the city will spend the aid on programs for which it has developed a system of performance measures. The following is the required report on the use of performance aid to date in 1998. I recommend that we continue using these performance measures for the purposes of Local Performance Aid for 1999. A resolution certifying these measures is attached for Council consideration. Annual Report On The Use of Local Performance Aid For 1998 LPA, performance goals for snowplowing were established. These goals were: • Following each snowfall event in excess of 2.5" all arterial and collector streets along with all intersections are to be cleared by 7:00 a.m. • Following each snowfall event in excess of 2.5" all streets will be plowed to full width within 12 hours. • Following each snowfall event in excess of 2.5" all sidewalks will be plowed within 12 hours. For each sanding or plowing call -out in 1998, the Public Works Superintendent or Street Supervisor is logging pertinent information. Each data sheet notes time of call out and reason (for example, salt major intersections, general plowing, etc), snow received, number of trucks dispatched, hours used, amount of salt /sand used, and whether the performance goals were met. The attached memo from Street and Park Supervisor John Harlow shows that for the first half of 1998, the performance goals were met 100 percent of the time. To: Diane Spector - Director of Public Works i From: John Harlow MEMORANDUM Subject: Local Performance Aid Summary Date: June 18, 1998 In 1998, the City of Brooklyn Public Works Department based their Local Performance Aid on the execution of snowplowing operations. The goals were based on the following criteria: • Following each snowfall event in excess of 2.5" all arterial and collector streets along with all intersections are to be cleared by 7:00 a.m. • Following each snowfall event in excess of 2.5" all streets will be plowed to full width within 12 hours. • Following each snowfall event in excess of 2.5" all sidewalks will be plowed within 12 hours. During the winter season a total of 38 snow and ice control events occurred. Of these 38 events; 17 consisted of ice control only, with the remaining 21 events a combination of both snowplowing and ice control. Of the 21 snowplowing events only 4 met the criteria designated in accordance with the Local Performance Aid goals. In these events City crews met or exceeded the goals in 100% of snowplowing operations. John Harlow Supervisor of Streets and Parks • ■ MINNESOTA Department of Revenue Property Tax Division Mail Station 3345 St. Paul, MN 55146 -3345 Phone (612) 296 -5141 Fax (6 12) 297 -2166 May 21, 1998 TO: ALL R MANAGERS, R CITY CLERKS ADMINISTRATORS, G O FINANCE DIRECTORS RE: CERTIFICATION OF LOCAL PERFORMANCE MEASURES FOR LOCAL PERFORMANCE AID PAYABLE IN 1999 Minnesota Statutes, Section 477A.05 provides for Local Performance Aid (LPA). In order to zualify for LPA in 1999; a city must af''trm that (1) the aid u result in a reduction in property taxes at least equal to the atnount of aid received, and (2) the city wills end the aid on programs for which it has developed a system of performance P P g P Y P measures and that these measures will allow for the measurement of continuous improvement and will be regularly compiled and presented to the city council at least once a year. The city must identify the program or programs that are to be funded with the aid. The city is eligible for aid if it affirms that it is in the process of developing and implementing a system of performance measures for the program or programs for which the aid is being sought. However, the aid may not be spent on the program or programs until the performance measurement system has been instituted, unless the aid is being used to establish the performance measurement system. Enclosed is a sheet outlining suggested procedures for local performance measurement. This sheet outlines suggested procedures only and your city may develop its own procedures which may better suit your city's needs. Note The affirmation that the LPA will be used for property tax reduction does not mean that your city must reduce its property tax levy below the amount levied in the previous year, or that your city (if it is subject to the overall levy limitation) must levy less than its levy limit. It means that the LPA will be used to replace property tax dollars that otherwise would have been levied. For levy limit cities, the overall levy limitation reflects changes in LPA. The 1997 amount of LPA is included in a levy limit city's levy limit base. The amount of LPA for the taxes payable year 1999 is subtracted from the levy limit base to arrive at the overall levy limitation for the taxes payable year 1999. If the LPA increases, the levy limit decreases. If the LPA decreases, the levy limit increases. For calendar year 1999, the amount of LPA to be paid will be equal to the amount paid in 1997, $4,107,673, plus an inflation adjustment based on the implicit price deflator. A per capita aid amount will be determined by dividing the total aid available by the total population of all cities that qualify for the aid. Each qualifying city then receives an aid amount based on its population times the per capita aid amount. An equal opportunity employer TDD: (612) 215 -0069 Page 2 Distribution of LPA is based on yearly certifications for each qualifying city. Cities are required to submit an annual certification in order to receive LPA payable in calendar year 1999 and subsequent years. Enclosed is a copy of Form LPA -CI. This certification must be submitted to our office by June 30, 1998 and both questions 1 and 2 on the form must be answered "Yes" in order for your city to qualify to receive LPA in 1999. If the Form LPA -Cl is not received by the June 30, 1998 deadline, or if either question 1 or 2 is not answered "Yes" or either question is left blank, your city will not qualify for LPA in calendar year 1999. For qualifying cities, calendar year 1999 ITA wi11 be paid in two equal installments on July 20 and December 26 of 1999. Qualifying cities will receive a certification of their 1999 LPA by July 31, 1998. If you have any questions regarding the completion of this form, please feel free to call me at (612) 296 -5141. Sincerely, Larry L. Bewley Research Analysis Specialist Property Tax Division Enclosures Suggested Procedures for Local Performance Measurement • Define the programs or services (not departments) to be measured — (a social service, road maintenance, snow removal, public library, police response). • Define the output (result of the program or service for citizens) — (delivering a social service to clients, repairing and maintaining roads, snow plowing and sanding, loaning books and other media, police officer response to requests for service). • Measure the workload (basic counts of activities or efforts) — (number of clients served, miles of road maintained, miles of road plowed and sanded, library visits, number of police calls responded to). • Determine effectiveness (measures of service quality) — (number of complaints per road mile, percentage of patched potholes; sealed cracks meeting standards 3 and 12 months after work is performed, percentage of road miles having an acceptable Pavement Condition Index rating, percentage of citizens rating road maintenance as excellent/good, percentage of primary route lane miles plowed before rush hour, percentage of full call out events completed within nine hours, average time to complete full call out events, percentage of citizens rating snow - plowing excellent or good, average number of mailboxes damaged per 100 lane miles per event, average response time per police call). • Determine the efficiency or cost effectiveness (cost per unit of output) — (cost per client served, cost per mile for asphalt patching, cost per mile for crack sealing, cost per mile for seal coating, average cost per snow event, average cost of snow removal, salting, and sanding per mile of roadway, cost per library visit, cost per police call). • Determine productivity (personnel hours per unit of output) — (total annual labor hours per client served, labor hours per mile of road maintained, labor hours per mile of road plowed, labor hours per library visit, labor hours per police call, etc.). r lts f s �.viiaYai c rC:�uiw f r om yc &r w y ear. • Report results to the county board or city council at least once a year. May 1, 1998 is F• r LPA - Cl Certification of Locae:rformance Measures • for Local Performance Aid Payable in 1999 Complete and return to: Minnesota Department of Revenue . Property Tax Division . Mail Station 3345 . St. Paul, Minnesota 55146 -3345 Phone: (612)296 -5141 Narne and mailing address of governmental unit Name of person filling out form City of Brooklyn Center Charles Hansen Telephone 6301 Shingle Creek Parkway (612) 569 -3345 County of location Brooklyn Center, MN 55430 Hennepin 1. Does your city affirm that local performance a d will result in a reduction in property taxes at least equal to the amount of local performance aid received? YES X X NO 2. Does your city affirm that the local performance aid will be spent on the program or programs for which it has developed a system of perforr:iance measures and that these measures will allow for the measurement of continuous improvernant and will be regularly compiled and presented to the city council at least once a year? YES X X NO 3. If the answer to questions 1 & 2 is yes, what program or programs will be funded by local S n o w D 1 o w i n q performance aid, or what program or programs will the local performance aid be used to establish performance measurement system(s) for? This form must be returned to the Minnescta Department of Revenue, Property Tax Division, by Juiie 30, 1998 in order for your city to be eligible to receive Local Performance Aid payable in 1999. ry Note: City certifications must be signed b;/ the Mayor and by the Chair of the City Council. We do hereby certify that, to the best of our knowledge and belief, the facts presented in this certification are true and correct. ' Mayor is chair Signature of Mayor Signature of Chair of City Council" Date • if o,- .-+-+ — i, fh- rh,;r of the rni1r +I nnmhpr rnunril mpmhpr must Sion Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING LOCAL PERFORMANCE MEASURES FOR LOCAL PERFORMANCE AID PAYABLE IN 1999 WHEREAS, the City of Brooklyn Center received Local Performance Aid in 1998 and desires to qualify to again receive Local Performance Aid in 1999; and WHEREAS, the City Council has received a report regarding the use of 1998 Local Performance Aid, which was used to help finance snowplowing operations, said annual report indicating that for the first half of 1998, the Local Performance Measures have been met. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The City of Brooklyn Center hereby affirms that Local Performance Aid received in 1999 will result in a reduction in property taxes at least equal to the amount of aid received. 2. The City of Brooklyn Center hereby affirms that Local Performance Aid received in 1999 will be spent to help finance snowplowing operations on City streets. Performance measures which will allow for the measurement of continuous improvement have been established. 3. Staff are hereby directed to compile information pertinent to these performance measures, and present a report to the City Council at least once a year. 4. The Mayor is hereby authorized and directed to execute a Certification of Local Performance Measures, and staff is hereby authorized and directed to submit said Certification to the Minnesota Department of Revenue, Property Tax Division, for the purpose of qualifying for Local Performance Aid for taxes payable in 1999. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: ® and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • City Council Agenda Item No. 7a • • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Tom Bublitz, Community Development Specialist / DATE: June 18, 1998 SUBJECT: Proposed Time of Sale Ordinance The City Council approved, for first reading, the proposed Time of Sale ordinance, at their May 26, 1998, meeting. This memorandum provides follow -up to questions and issues raised at the May 26th meeting and provides some additional information regarding the change in the Minneapolis Area Realtors Association policy on Time of Sale and the current status of the proposed Minneapolis Truth in Sale of Housing ordinance, PUBLIC HEARING ON PROPOSED MINNEAPOLIS TRUTH IN SALE OF HOUSING ORDINANCE On Thursday, June 11, 1998, the fourth of four public hearings was held on the proposed Truth in Sale of Housing ordinance in the City of Minneapolis. Like Brooklyn Center's ordinance, the Minneapolis ordinance is based on Bloomington's Time of Sale ordinance. A copy of a brochure describing the proposed Minneapolis ordinance is attached to this memorandum. Testimony was offered by a number of people at the Minneapolis hearing, including several Realtors. Two observations made by several of the speakers were: ► The quality of the Truth in Housing inspections done by private evaluators under the City's current Truth in Housing disclosure ordinance is inconsistent due to the varying quality of the inspections and because the inspections do not extend beyond examining items that are immediately visible and accessible. ► Within the last two to three years the number of buyer initiated inspections for new home purchases has increased dramatically. Because of the increasing buyer awareness and use of buyer inspections, the need for a government required inspection no longer exists. I recently spoke with Mr. Bill Gerst, Vice President of the Minneapolis Area Association of Realtors regarding this trend and he indicated he is attempting to assemble hard data on the increasing use of buyer inspections. A Minneapolis City Council Committee is scheduled to vote on the proposed Time of Sale ordinance on Wednesday, June 17, 1998. If passed out of Committee, the ordinance would go to a vote of the full Council June 26, 1998. CHANGE IN POSITION STATEMENT OF MINNEAPOLIS AREA ASSOCIATION OF REALTORS Because of the controversy created by the proposed Minneapolis Truth in Sale of Housing ordinance, the Minneapolis Area Association of Realtors has changed its position on Time of Sale ordinances. Whereas, prior to the proposed Minneapolis ordinance, the Association endorsed Time of Sale ordinances requiring correction of a limited number of items classified as hazardous, they now oppose any code compliance at the point of sale. A copy of their revised position statement is attached to this memorandum. ISSUES AND QUESTIONS RAISED AT MAY 26, 1998, CITY COUNCIL MEETING The Brooklyn Center City Council approved the "Alternate" version of the Time of Sale ordinance at its May 26, 1998, City Council meeting. After reviewing the minutes of the May 26th meeting, and my notes of the meeting the following items were noted: ► Councilmembers Lasman and Peppe raised concerns with the language in Section 12 -1511 (Immediate Hazards). This section requires two things: 1. A copy of the evaluators report must be filed with the City Building Official under the following circumstances: a. The immediate hazards are hazards requiring a building permit for their correction. b. The evaluator has not reinspected the property and determined that the immediate hazards have been corrected within 90 days of the original inspection. Paragraph b of Section 12 -1511 presumably addresses situations where homes go off the market and are not sold. ► Councilmember I-Elstrom wanted to know the impact of the ordinance on current staff. ► Councilmembers Peppe and Carmody requested a specific list of hazardous items. Staff has prepared a list attached to this memorandum. The list includes all items defined as hazardous from Bloomington's program guidelines. I have reviewed the list from Bloomington with the City of Brooklyn Centers Building Official and he agrees that the list from Bloomington would also serve as the list for Brooklyn Center's program. ► The City Council has also requested that staff provide some indication of staff time required to administer the ordinance. As proposed for first reading, the Time of Sale ordinance now requires that Building Inspection staff reinspect items called out as hazardous in the evaluation report which require permits and would also require reinspection of hazardous items in situations where the private evaluator has not reinspected the property in 90 days, which may indicate the house has been taken off the market. The ordinance • as published, requires written consent from the City where corrections of hazardous items are deferred to a buyer. Section 12 -1508, paragraph 5, a, b and c is the portion of the "Alternate" ordinance, published for first reading, which requires written permission from the issuing authority where they buyer intends to correct the hazardous items. This section has been deleted (lined out) in the attached alternate number two and it is the only difference between the original alternate and the revised Alternate Number Two. Section 12 -1508 essentially relates back to previous version of the ordinance where a determination of a hardship was required to defer correction of hazardous items to buyers. With the hardship provision eliminated, this section can be deleted. CITY STAFF DOES PERMIT REINSPECTIONS, REINSPECTION OF HAZARDOUS ITEMS DEFERRED TO BUYER AND REINSPECTIONS OF HAZARDOUS ITEMS IN HOUSES TAKEN OFF THE MARKET Estimates of staff time are based on 400 sales per year which is a 3 year average for home sales in Brooklyn Center in 1995, 1996 and 1997. 1. PERMIT REINSPECTIONS Staff estimates at least 30% or 120, of the 400 sales would contain hazardous items requiring a building permit. This would require approximately 45 minutes per reinspection, including drive time for a total of 90 hours. Additional time for filing and reviewing evaluation reports and inspection reports would be 60 hours. Additional time spent communicating with sellers, buyers, contractors, realtors etc. is estimated at 60 hours. Total time would be 210 hours. 2. REINSPECTIONS ON HOMES NOT SOLD Staff estimates 10 %, or 40 homes may be taken off the market, resulting in follow -up and reinspection by City staff. This would mean approximately 30 hours in inspection time and another 40 hours of administrative time filing evaluation reports, working with owners and contractors and possibly issuing compliance orders. The total estimated staff time for items 1 and 2 above is approximately 280 hours or 14% of a full time year round position. If staff did all reinspection of hazardous items it is estimated to take approximately 500 hours or 24% of a full time building inspection position. This total does not include staff needed to initially implement the program including preparation of forms, meeting with private evaluators to introduce the program and preparation of public information materials needed to start the program. For the first year this would take an additional 160 hours. These estimates are based on the experiences of inspector programs in other cities. The estimates are quite speculative, since it is very difficult to predict exact numbers in a program of this nature. ESTIMATED BUILDING PERMIT REVENUES AND PERSONNEL COSTS 1. PERMIT REINSPECTIONS Based on 120 (210) hours) inspections, estimated building permit revenue would be approximately $3,060.00 to $4,260.00. The estimated staff cost for 120 inspections would be $7,350.00. i 2. REINSPECTIONS ON HOMES NOT SOLD. Based on 40 inspections, building permit revenue would be approximately $1,020 to $1,420. The estimated staff cost for 40 inspections would be $2,450.00 The total estimated staff cost reflected in items 1 and 2 would be $9,800.00. 3. CITY STAFF PERFORMS ALL REINSPECTIONS If city staff did all reinspections the staff cost based on 500 hours, would be $17,500.00. In addition, the 160 hours of staff time to initially implement the program would cost $5,600.00. STAFF COST AND REVENUE SUMMARY 1. and 2. PERMIT REINSPECTIONS AND RFINSPECTIONS ON HOMES NOT SOLD Staff cost $9,800 Revenue $4.080 to $5.680 NET COST $4,120 TO $5,720 Additional Startup Cost First Year $5,600 TOTAL NET COST $9,720 TO $11,320 3. CITY STAFF DOES ALL REINSPECTIONS Staff Cost $17,500 Revenue $ 4.080 to $5.720 NET COST $13,425 to $11,780 Addition Startup Cost First Year $5,600 TOTAL NET COST $19,025 to $29,280 ! # Common items that would be Common items that won NOT be required to be repaired or replaced: ': required to be repaired or Truth in Sale of Housing (this is not a code compliance) replaced: 1. Lack of properly located or operational 1. Roofs smoke detectors The current ordinance was 2. Broken or jagged glass 2. Missing storm or prime windows or doors enacted in 1975 as a disclosure 3. Unsafe heating systems -may need to certifiy 3. Missing window sashes as safe only report and has not been 4. Unsafe electrical systems - usually this will 4. Holes in walls or ceilings updated since. mean exposed wires, ungrounded or improperly fused systems 5. Painting The proposed ordinance .would 5. Unsafe plumbing systems - usually this will 6. Tom or broken tile or carpet mean missing water pipes, missing water also require that certain heater pressure- temperature valves, openings in waste /vent lines, missing 7. Plumbing "s° traps life /safety items be repaired or cleanout plugs in floor drain 8. Change galvanized plumbing systems to replaced. This would not be a 6. Lack of utilities (gas, water, electricity) copper, as long as it is functional full code compliance. Either the 7. Unsafe structural systems -- usually this will be broken or deteriorated basement or 9. Change 30amp or 60amp electrical seller or buyer could do the exterior steps service to 100 amp, as long as it was not repairs. 8. Improper gas flex lines, uncapped gas lines tampered with, or overfused 9. Excessive / disorganized storage of newspapers, clothing or other items "Approval of this ordinance will 10. Gross unsanitary conditions, presence of substantially improve the garbage or other unsanitary materials WORK condition of housing both in the NOT Third Ward which 1 represent and REQUIRED throughout the City" - -- says Council Vice President Joe Biernat. ,..... ...................... ......................................---.. .............................., M a cities Truth-in- How then process would work: Many other h t'_ Housing ordinancVe area h ave similar to the one 1. Owner decides t0 sell Minneapolis is proposing, which is based on the Bloomington ordinance and repair list. PROPOSED: 2. Owner prepares house for sale • Bloomington's ordinance was enacted in 3 Owner as Truth-in-Housing re ort 1995 TRUTH -IN- . O ne h p done South St. Paul adopted the same SALE of 4. Owner makes any repairs required ordinance as Bloomington, in 1996 HOUSING report Richfield requires code compliance from the Truth-in-Housing p ORDINANCE • St Louis Park requires code compliance What's required, 5. Owner has the City inspect and What's not - approve the repairs St Paul requires that hard -wired smoke How it works - 1 detectors be installed 6. City sends owner Certificate of These cities have found both housing sales Approval and housing values to be increasing. 7. Owner provides Certificate at FOR SALE closing as proof that required work is done 8. Buyer may do repairs by making arrangements with the City with an escrow Department of Regulatory Services _ Minneapolis Inspections Division Room 300 Public Service Center 250 South 4th Street Minneapolis, MN 55415 673 -2031 673 -5862 Time of Sate Housing inspection Ordinances Minneapolis Area Association of REALTORSO housing exteriors, responding to Position statement individual complaints about A primary concern of the Minne- problem properties, and setting apolis Area Association of REAL- up a revolving loan fund to assist TORS is a healthy housing homeowners with city mainte- stock. This is especially true at a nance requirements resulting time when the majority of hous- from these inspections. ing in our cities and inner ring Homeowners would need to suburbs shows increasing signs of qualify for these loans and could age. repay them when the property is sold unless the homeowner However, the Association does not continued to live in the property believe that requiring code com- for a specified time before selling pliance at the point of sale will the property. effectively assist a community in maintaining a Healthy, affordable If a municipality determines housing market. Point of sale there is a need for a point of sale inspections affect only the small inspection program, the Associa- percentage of houses that are sold Lion would support a truth in each year (3 to 5 percent in most housing report by a certified areas). Most problem houses are private inspector rather than not for sale at any given time. To code compliance. Any resolution of repairs based on the inspec- increase its effectiveness, a mu- nicipality should direct its efforts lion should be private negotia- a lions between buyer and seller at t the problem properties, rather than only focus on point of sale time of sale. inspections. For more information, call t This can be accomplished by Bill Gerst at the .Association, general inspection sweeps of 988-3141. .tune 1998 (Revised) HOUSING STANDARDS AND EVALUATOR GUIDELINES is SUMMARY OF HAZARDOUS CONDITIONS (FROM CITY OF BLOOMINGTON GUIDELINES) NOTE: Items with the letter "P " adjacent to them indicate that a building permit is required. INTERIOR - BASEMENT P > Stairways not capable of supporting normal use loads. P > Potential for structural failure of the basement wall. P > Potential for structural failure of the columns. P > Posts which are not constructed as indicated or posts that apparently cannot carry all super imposed loads. P > Potential for structural failure of the beams. P > Potential for structural failure of the floor system. P > Potential for structural failure of the joists or other wood framing members. P > Potential for structural failure of the joist system. > Clean out plug in floor drain must be secure. P > Minimum of .5 gallons per minute water flow is required at a minimum of 3 individual fixtures at any location above the basement level. P > Well water supply and City water supply must not be interconnected. > The filler spout in the laundry tub water supply cannot have a threaded end or a hose connected to the spout. D Leaking waste lines or indication of leakage or seepage in waste lines or fixtures. Abandoned waste or vent openings that are improperly plugged or capped or if openings are not plugged or capped. HEATING SYSTEM INSTALLATION AND OPERATION > Excessive scale on burners and or bottom of burner compartment.* > Excessive flame distortion with the blower motor running.* > Excessive discoloration of the upper cover panel.* > Excessive rust and/or discoloration of the draft hood.* *If these items exist, certification of the heating system by a licensed contractor is required. These items would be marked "hazardous" pending certification. P > Gas fired heating plants must have the following safety controls: 1) thermostat; 2) gas shut off; 3) combination gas valve. If any of the safety controls is missing this is a hazardous condition. P > Fuel oil heating plants must have the following safety controls: 1) thermostat; 2) barometric draft regulator installed in the vent connector from the heating plant to the chimney. If any of the safety controls is missing it is a hazardous condition. 1 P > The hot water heating system where connected to a boiler, must have a backflow prevention device. • > No temperature and pressure relief valve on water heater. > Improperly installed pressure relief valve or improperly located relief valve on water heater. > Improperly installed plugs or caps which make either the relief valve or the relief valve drain piping inoperable. > Back spillage detected on heating plant, water heater or gas clothes dryers. > The vent system must have no rust holes, back pitch, open joints and must be tightly sealed to the chimney. > If vent piping for a gas clothes dryer is missing, burned out plugged or is provided with a damper. P > Gas piping that has been improperly installed or use of unapproved materials. P > Use of unapproved connectors in gas appliances. > Improperly plugged and capped disconnected or abandoned gas piping. ELECTRICAL SERVICE > Improper electrical service installation where electrical shock is ossible b direct contact. P Y Re uires electrical ( q ct ual certification) > Improperly grounded electrical service. > Service e g ound must be connected directly to the street side of the water meter or by a grounding jumper installed around the water meter. > Evidence of over - fusing or tampering with electrical service. (Requires electrical • certification) > Use of extension cords in lieu of permanent wiring in the basement. > Broken receptacles, switches, missing plates or broken parts and electrical outlets, switches and fixtures. > Lack of smoke detector in basement. > Improperly located smoke detectors. > Inoperable smoke detectors. INTERIOR ROOMS P > Dwelling must be provided with at least one toilet, one sink and one tub or shower. If the minimum number of fixtures is not provided it is a hazardous condition. > Toilets must be connected to water supply system with anti - siphon ball cock and connected to a sewage system. > Faucet supply openings located below the spill line. > Leaking water piping supply. > Leaking plumbing fixtures. > Improperly installed gas piping or unapproved materials or support methods. > Improperly disconnected or abandoned gas piping. is ELECTRICAL OUTLETS/FIXTURES /WIRING > Use of extension cords in lieu of permanent wiring or extension cords located in inappropriate areas under floor covering, r g t ough walls etc. > Improperly maintained electric outlets, switches, and fixtures. AUXILIARY HEATERS - INSTALLATION AND WIRING P > Missing or inoperable shut off and safety controls. > Rust holes, back pitch, open points or unsealed vent to the chimney and clearances to combustibles. (Requires mechanical certification) WOOD BURNING APPLIANCES > Burned out or excessively rusted firebox, missing firebrick, burned out, excessively rusted or plugged flues and no vent. SMOKE DETECTORS (PRESENCE, LOCATION, OPERATION) > No smoke detector in dwelling. > Smoke detector not ro erl located. P P Y > Smoke detector not operable. • WALLS AND CEILING COMPONENTS P > Potential for structural failure of a wall or ceiling. STAIRS AND RAILINGS (UPPER FLOORS) P > Stairways not capable of supporting normal use loads. INTERIOR - ATTIC SPACE P > Potential for structural failure of the rafters and /or sheathing. P > Plumbing vents not continuous to the outside. P > Chimney appears to be structurally unsafe. EXTERIOR ELECTRIC OUTLETS/FIXTURES /OVERHEAD SERVICE > Electric outlets, switches and fixtures must be properly installed and maintained. 3 STAIRS, DECKS, BALCONIES, PORCHES AND THEIR RAILINGS • > If any stairs, decks, balconies, porches and their railings are incapable of carrying normal loads. WALLS - SIDING AND TRIM P > Potential for structural failure of a wall. CHIMNEYS AND VENTS P > Potential for structural failure of the chimney. PLUMBING - BACKFLOW PREVENTION > No approved backflow anti - siphon device on outside hose connections. P > No approved backflow prevention installed at the correct height on lawn irrigation systems. GARAGE P > Potential for structural failure of the rafters and /or sheathing. P > Potential for structural failure of a wall. • > Extension cords being used in an accessory structure in lieu of permanent wiring. > Electric outlets, switches, and fixtures not properly maintained. P > Gas piping improperly installed. P > Use of unapproved single and wall flexible gas appliance gas connectors. > Disconnected or abandoned gas piping that has not been properly plugged or capped. MISCELLANEOUS P > Abandoned fuel tank. NOTE: Items requiring "certification' will require a licensed contractor in a specialized area (electrical or mechanical) to inspect the item and either sign off that the item does not need repair /replacement or that it must be corrected. • 4 ALTERNATE CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 22nd day of June, 1998, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance amending Chapter 12 of the City Ordinances Implementing a Time of Sale Housing Inspection, Requiring Inspection, Disclosure of Consumer Information Concerning the Condition of a Dwelling Prior to its Sale, and Correction of Certain Hazardous Conditions. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 12 OF THE CITY ORDINANCES 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 Citv Ordinances of the City of Brooklyn Center is amended by adding the following: Section 12 -1501, PURPOSE. The Durnose of this Section is to enhance the supply of safe, sanitary and adequate housinp for citizens of t city of Brooklyn Center and to p revent the deterioration of existing housing. Section 12 -1502. DEFINITIONS. The followin words and terms when used in th is Section shall have the following meanings. unless the context clearly indicates otherwise: 1. "Dwelli - a building. or portion thereo designed or used predominantly for residential occupanc of a continued nature, including one- famil dwelli two - fami dwellings. and multiple family dwel lings: 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 fam ily. Where a private garage is structurally_ attac it shall be considered as part of the building in which the dwelling unit is located. s ORDINANCE NO. 3. "Mobile hom e" - (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 reauirements of the Uniform Building Code. "Evaluation report" - a written rep prep ared and signed by a person licensed as A time of sale housing evaluator in a c ommunity recognized by the City of Brooklyn fmter on a form in compliance with Section 12 -1506 of this Code. "Immediate hazard" - a condition or defect which is likely to cause iniurv_ to a person or nronertv 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 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 REOUIRED. 1. Except as set fort in Section 1 2- 1.504 of this Code, no dwelling unit or mobile home located within the City may be voluntarily conveved 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 executio of a purcha agreement. The buyer shall be sup plied a co nv of the writte report and shall s ign a copy acknowledging receipt of that report. L. If the structure is in co mpliance with requiremen of Section 12 -1508 of this Code, the evaluation re port shall state that the st nicture h.as been inspected and is in conformance. A evaluation report is valid for on e year from the date of its issuance. The re port is val onl for the owner listed on the report. 4. No person shall offe for sa le by exhi or showing a dwelling unit within the city without having first obtain an inspection and eva luation report as described in this ORDINANCE NO. Section. The evaluation report shall be conspicuously displayed for inspection at the premises at all times that s uch d welling unit is being offered for sale.. Section 12 -1504. EXCEPTIONS. The provisions of Section 12 -1503 do not ap to: 1 Anv newly constructed dwelling unit when title is transferred to the first owner. 2. The sale or other transfer of title o f any dwelling unit to a public body. 3. The sale or transfer of title of an-d welling unit for the purpose of demolition. 4. The sale or conv eyance of any dwelling unit by a sheriff or other public or court officer in the performance of t heir official duties. This exem does not a12121y to the sale of a dwelling unit by a person appointed by a probate court. 5. The sale or convevance of a.nv entire multiple family building. Section 12 -1505. EVALUATOR REOUIREMENTS. 1. Evaluators conducting evaluations and completing evaluation reports under this Code must maintain a current iunex fired certificate of Comnetencv issued by the Citv of Minneapolis. St,. Paul or Bloomin gton., The City Council may. by resolution. recognize Certificates of Co mpete n cy 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 conductin evaluatio p.nd completing evaluation reports under this Code shall also show p roof of general liability in surance insuring the evaluator with insurance coverages and liability limits which may be specified from time to time by resolution of the City C;ot�. Th e evaluator shall maintain insurance continuously in force thereafter. The city shall he inchuded as a named insured on the insurance required herein at the expens of th e evaltua T he 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 tele phone numbers of evaluators who meet the requirements of this section. The list shal be available to the public. e ORDINANCE NO. Section 12- 1506. FORMS. The city shall prepare or authorize use of forms as it deems appropriate to constitute a disclosure under Section 12 -1501 throu }h 12 -1511 The form shall provide information concerning Code requirements, ma stru ctural defects and immediate hazards to health_ safety an 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 nroaram's guidelines. o Meet requ�ired contirn_�nc educati requirem established by the recognize_ d cities. listed in Section 12 -1505. 2. Each evaluator shall c..,omply 3�dt the following procedure for preparing and filing_ reports: a. The evaluat report s hall be eit typewritte or legibly printed in ink on forms furnished by the city The report shall indi.rate 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 conv. ® Section 12 -1508. CORRECTION OF IMMEDIATE HAZARDS. 1. The following items. when discovered by the evaluator. shall be identified as immediate hazards in the evaluation renort: 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 bur outt or rusted heat exchangers, burned out. rusted or plugged flues, n ven t, connection with unsafe gas supplies or lack of temperature and pressure relief valves. e. Electrical systems that are unsafe d ue to dangerous overloading. damaged or deteriorated equipment improperly taped or spl iced wiring. exposed uninsulated wires. temporary distribution systems. or ungrounded systems. d. Plumbing systems that are unsanitary due to leaking waste systems, fixtures or trans. lack of an operating toilet 1,a.ck of washing and bathing facilities cross connection of munic ipal wate supply wit 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, chimney and foundations that are not weather tight and water tight to the exten that it creates an im mediate hazard. Abandoned storage tanks. • ORDINANCE NO. ® b Lack of operational smoke detectors located in accordance with the applicable provisions of the Uniform Building C;QA�_ 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. 3. When correcting identified hazards the owner shall obtain all necessarUermits from the citv and the premises shall be su bject to inspection by an evaluator prior to occupancv of the dwelling the bue ma enter t� trove tl�ti >fiYi:l ............. a a signed agreement from the buyer accepting responsibility for correction of the hazardous items_ ea able:`; ; :: �; ; <:;;:: >::::.:: >:::;<. >:«: > <::;> : >: : >:: >:::::;;;:;; <::> :: >:; >:: >:::::: �..:� ?leon dabs nc� momharc 90 des after buyer 1A lescxssesstcnl. e. evidence of financial ability to perform the corrections. The buv_ er shall complete the corre of identified immediate hazards by the s p_ ecified comp_ letion date. 5. If the owner is a government agency or if an agreement exists between the owner and buver that the buyer will correct i.mm di to hazards as past of a remodeling project. the buyer ma correct immediate hazards id entified in the eva.luator's report. A buyer intending to correct immedia hazards m ust have written consent from the issuing Authoritv. 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 days): e. evidence of financial abilitv to perform the corrections. The buyer shall complete the corre of identified imm ediate hazards by the s pecified com lep tion date. • ORDINANCE NO. 40 Section 12 -1509. FAILURE TO COMPLY. 1 The failure of anv_ 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 bv_ 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. I The city may also enforce provisions of Sections 12 -1501 through 12 -1512 by mandamus. iniunction, or other appropriate remedy a court of com petent jurisdiction. Section 12 -1510. WARRANTY LIMITATIONS. 1. Nothing i the evaluation report shall indicat 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 dwell unit ev 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 inten for the s pecial benefit of any individual. • 3 .. The City Brooklyn Center shall not incur liability to a buyer or any other person by reason of perfor or non - performa of the provisions Sections 12 -1501 through 12 -1512. rrt t m� '` <: .. th a cI :' ;.;;; ;:,.;.; as de : } n section <:1 > -1::5 f1_ <: the:. evaIuato shl fi >Qfh::e1 t?rx. f�:: E?'_ : B'...... feial::: n r:<th ll u :....::.::... :.:. .;..: . ed�at e h ds t. fc� .. . .::.:. <: .. z r ...... _ a hazards ep��n `'' > <> c1� t ...... ...:.::.:.;;::................. `- ?::.: y .:. :: '...:: <2f::;:` :'; : : j ....:::: ... ............ : ::::;:i:: ":`: ealuat:sr has.. n r . ms cted..: the .: rt> . anfl :,slue tp...t1�at a p � . corrcd:tln <1'xs of h oal_L_, cttx.. :. - : ... :....... : ... ....... .....:..... ...::.::..T .::............: ....::.: Section 12 -1512. APPEAL. A person aggrieved by a decision. notificat or order under this ordinance may ap egal such decision. notificati or order to the council which may reve rse, modify or affirm the same after a hearing upon noti 1e to t he appellant. The appeal must it be in writing, Gi) specify the decision. notification or order a ppealed fbmL (iii) specify with particularity the basis and groprids of the ap al, ORDINANCE NO. • an (iv) be filed wi the clerk on or before 20 days following the date of the decision, notification or order. Section 12- 1513., EFFECTIVE DATE. Sections 12 -1501 throu 12 -1512 shal be effective for dwelling units conveved on or. after January 1. 1999. Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of , 1998 Mayor ATTEST: City Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) ALTERNATE NUMBER TWO ® CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 22nd day of June, 1998, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance amending Chapter 12 of the City Ordinances Implementing a Time of Sale Housing Inspection, Requiring Inspection, Disclosure of Consumer Information Concerning the Condition of a Dwelling Prior to its Sale, and Correction of Certain Hazardous Conditions. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 12 OF THE CITY ORDINANCES 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: i . Sect on 12 -1501. PURPOSE. The purpose of this Section is to enhance the supp of safe. sanitary and adequate housing for citizens of the city of Brooklyn Center and to prevent t he deterioration of existing housincl. Section 12 -1502. DEFINITIONS. The foll owing words and terms when used in this Sectio shall have the following meanings. unless the context clearly indicates otherwise: 1. "Dwelling" - a bpildinu_ or portion thereof designed or used predominantly for, residential oc cupancy of a continued nature, includ one- family dwellings, two - fa mily dwellings. and multinle familv dwellings: but not including hotels and motels. I 2. "Dw elling Unit" - a single residential accommodation which is arranged. designed. used or. if vacant, inten for use exclusively as a domicile f or 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 re quirements of the Uniform Buildin Cade. "Evaluation report" - a written report prepared and signed by a person licensed as a time of sale housing evalua in a community recognized by the Cit of Brooklvn Center on a form in compliance with Section 12 -1506 of this Code. "Immediate hazard" - a condition or defect which is likely to cause injury to a person or property if not corrected. "Issuing Authority" - the Citv 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 tra nsfer of title or possess 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 REOUIRED. 1, Except as set forth in Section 12 -1504 of this rode 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 evaju.,:ttor meeting the requirements under Section 12- 1505 of this Code. 2. A valid evaluation report iss for t he dwelling nit in question shall be provided to the buyer prior to the execution of a purchase a ee ment. The buyer shall be supplied a co py of the written report and shall sign a co nv acknowledging receipt of that report. 3. If the structure is i compliance with requi rements of Section 12 -1508 of this Code. the evaluation report sha1 state that the structu has be ins pected and is in conformance. A 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. ORDINANCE NO. 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 a pply to; 1 Anv newly constructed dwelling unit when title is transferred to the first owner, 2. The sale or othgr transfe of tit le of any dwelling unit to a public body. 3 . The sale or transfgr of title of n w !ling unit for the purpose of demolition. 4. The sale or conveyance o any dwelling unit by a sheriff or other nublic or court officer in the perfo rmance of their official duties. This exemption does not a pply to the sale of a dwelling unit by a person appointed by a probate court. 5, The sale or conveyance of any entire multiple family building. Section 12 -1505. EVALUATOR REOUIREMENTS. 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 Bl oomington. The City Council may, by resolution. recognize Certificates of Com petency from additiona cities, Evalpaators 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 g eneral liability insurance insuring the evaluator with insurance cove rages and liability limits which may be spec fled from time to time by resolution of the Cityrouncil. T evaluator s hall maintain insurance continuously in force therea The city shall be inclu as a named insured on the insurance reauired he rein at the expense of the evaluato The evaluator shall furnish the city With a certificate o f insurance which meets the city req uirements. 3. The city shal maintain a list of the names and tel ephone numbers f evahzators who meet the re quirements 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 a to constitute a disclosure under Sections 1 2-1501 th rough 1. -1511. T he form shall provide information concerning Code requirements. majo structural defPCt5 n immfdia.te hazards to health_ safe and property. Section 12 -1507. DUTIES OF EVALUATORS, 1 Each evaluator s hall comply with the following,;, .a,. Maintain a cprrentlicense w ith one of t he recognized cities., b Conduct all evaluations within the program's g uidelines. e. Meet rec uired continuing education requirements established by the recognized cities_ listed in Section 12 -1505. 2 Each evaluator shUl comply w ith the foll owing procedure for preparing and filing reports: a The evaluation renort 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 m eets ci , requirement is below city requirements or is deemed to be hazardous at the time and date of the evaluation. b. The eva.hz shall submit the original evaluation report to the seller. The evaluator shall keen a duplicate copy. • Section 12 -1508. CORRECTION OF IMMEDIATE HAZARDS. 1. The following items when discovered, by the evaluator._ shall be identified as immediate hazards in the evaluation reps a. Heating systems that are unsafe clue to burned out or rusted heat exchangers.. burned out. nested or plugged flues no vent_ connection with unsafe gas supplies . or incapacity t ad eayately heat the living s pace. . b. Water heaters that are un safe due to burned out or rusted heat exchangers, burned out. rusted o plugged flu es no ven conn ection with unsafe gas sup plies or lack of temperature and pressure relief valves.. e. Electrical s ystems that are unsafe due to dang erous overloading. damaged or deteriorated equipment, imprope taped pr spliced wiring exposed uninsulated wires. temporary distribution systems, or ungrounded systems. d. Plumbing systems that are unsa.nitary due to leaking waste systems. fixtures or trans. lack of an operating t oilet } lac of washing and bathing facilities, cross connection of municipal wate r_supply wit fixtures or sewage lines. or the lack of water. e. Structural systems including walls, chimneys, ceilings, roo f s. foundations. floor systems or decks which are not capable of carrying imposed loads. L Exterior roo walls, chimneys and foundation that are not weather tight and water tight to the extent that it creates an immediate hazard. g_ Abandoned storage tanks. e ORDINANCE NO. ® h Lack of operational smoke detectors located in accordance with the applicabl provisions of the uniform Building Code. 2 No occunancv_ shall be permitted of any dwelling unit if vacant and an immediate hazard exits. If the dwelling unit is occupied and an immediate haz exists- corrective action shall be taken by the own er or agent of the owner- 3 When correcting identified hazards th�wner shall obtain all necessary permits from the city and the r miser shall he subiect to inspection by an evaluator prior to occunancv of the dwelling. : < ::: : : > : ; :i:ii:'>i i:� >: ; ::::::::::::: :::::: ::::;:<;:rs: i;;5 i: .;i: ......; he uyer Y enter tntc a eemer�t with t seller tl that th bU er wt€ ; .::..........::::.........:.;:_::..::::::..:..:...:::...:.:.:::...:.:..:...:::::.:.::... ::.:.:......:....::.: » lt: tti Ir : wm :;. r .. n . > <'< > »` < «> « >� >�'`� a signed agreement from the buyer accenting responsibility for correction of the hazardous items, ` F :<:::: n dale at D day. �fler >n�yer takes 6sse& %thn* e. evidence of financial ability to nerform the corrections. The buyer shall complete t correction of identified immediate hazard by the specified completio n • date. - r . If alt, VVV11,1 11 () C �V111111VL1L aa, 11,Y Vl 11 alg 1VV11 1 t V1lk V /u.t 1.1 1 /,1VY „ 11 Ll VVY11,1 41 b aver - thaL L L u�,l w 11 ,1/11„ y�. l ui.�.\. lt a i s q liar L %i a 1 V1111J 1111 C� �ll V� VCt 1 %, LU V,1111aV �alUaLVJI ? o L%,jjV1 L. l bayet 1 111,1111YtC lv L� • . �. 1 . 11 � 11 / l . l�l�.,�l,�a ►.,.: 11l iL,al a, (, l�.i�,� IIa�V V�11�11.11 IJ,Jl Vll� 11 V11 i Y� A tithoril-Y. \jw h VVri�tk.:jl Vllil lV111 111(J.? 1 /1J l4Jl �, Lo L11V 1V 1111J ,..d VlJll\iltiom 111Vlutlatt C. _ 1 ]^{� 1 1 1 1n 1 1V11 a. a 3iv-ii a V% - ,k 4 111 11 111 111V VU Vl VV 11,111 C_ 1\:.1 11 Jt1�1111111L Ll /1 .111. VVL Vf� a V V � a V � 0 4 ,' II ____ _ , 1 .. IGQ.SO([ VI� r k U111jJh -1AV11 datV 1 f 111V1 V 1 _ . V. GV111,11VV V1 f11a11V1a1 aL1111; �lJ �J V1 fV1111 111V VV11VV�1V 11J. Th, LUV,1 Sh all 1+�J111�11.11i 1 1 1V VVtt,V11V 11 VIZll,tt Li 1V 1111111V�1 \� I1f�.L(l.l la _, L 111, ,111P1�1:U11 elate- • ORDINANCE NO. • Section 12 -1509. FAILURE TO COMPLY 1 The failure of any owner_ agent of an owner or buver to comply with the provisions of Sections 12 -1501 through 12 -1512 or to comp_ iv_ with an order issued bv_ the city, pursuant to this Code. shall be a misdemeanor., 2 The failure o any evaluato to comnlv with the provisions of Section 12 -1505 shall be a misdemeanor and may result in de- certification by the city._ 3 The citv may al enforce provisions of Sections 12 -1501 through 12 -1512 by mandamus. injunction. or other a remedv 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 al minimum maint enance has ng and ht.�ilding standards. 2 Evaluations cond pursuant to Sections 1501 through 1512 are made in order to improve the ove housin stock in the city and are not meant to be a warrant or guarantee of the d welling unit evalua The report issued by the evaluator is not a representation to any individixa.l buyer. seller or renter regarding the condition of the building nor is the report intended for the special benefit of any individual. • 3. The Citv_ of Brooklyn Center shall not inc»r liability to a buyer or any other person by reason of performance o non - performa of throvisions of Sections 12 -1501 through 12 -1512. < ..ii i8;<:: :: ;`i�'':``as3'��`:'` >'i ':. : > izne tale h cis rte _..:.....: # ..::............: azr as t P, X508 _the evalu r .fix :i:;i; :: i:'°'':: !tiF' <iiii °iJ <': `r : %:i v t3f r �utth <. . 0 :Btsl :: fly .�.. ..rider::tli::., vb f ...;.; 1,... .. fII 'rk7t1: ' a prf izn;dtaf�...h� hulci�n :.errn €t::: <: :..:::...... ..... ....;........ .� 3: 1: .:!i>`'. '::: :::::::L::j::::::::>:::::::? :::: i:::::::: �i':::: i:: i? i.... :i......:i:`i::ist' : i : :::::'i:::::i'.: : :i��:i: ; :::: i; is�,':: r:::::'+.:,.:::::. .:':::,;:i: >:::::::, :' '::::'. <::; is�:: :::;::; >.::: « ?: ?:: :" ;i ;:::<:: :::::v;:::::: <'''< ;'ir'': :." : �''.:f . :::: rtv: ;:and.: �eter�tned::.�h. :;thy ............... ............................... t cl ILa : n.eo__ect ci::w�t _n. of.th _on : pal...... .:.::....... . Section 12 -1512. APPEAL. A person aggrieved by a. decisio notificatio or order under this ordinance may appeal such deci sion, notification or order to the council which ma revers modify or affirm th same after a hearing upon notice to the appellant. The appeal must�(i) be in writing_ (ii) specify the decision. notification or order ap pealed form, (iii) sped with particularity the basis and g rounds of the appeal. ORDINANCE NO. i an (iv l be filed with the clerk on or befo 20 rays f ll wing the date of the decision, notification or order. Section 12 -1513 EFFECTIVE DATE. Sections 12 -1501 through 12 -1512 shall be effective for d welling units cenveved 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 ouncil Agenda y g nda Item No. 7b • 3 +00 l i l t l I -, 1 111 ( ONW/117VG OH I, F, Rcl11\,: Of/ I 33 S „Bill Sail{ SI btiv�rir,un,;�tN 55 +02 -376 612 3 +3 -2800 it d F \X:612 333 -0068 WEB SirE: www. law, corn Thomas L. Johnson 612 343 -2820 thomas. johnson@gpmlaw.com June 22, 1998 Brooklyn Center City Council City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear City Council Members: This letter is written to express the concerns of Grow Biz International, Inc. ( "GBI ") regarding the proposed changes to the Secondhand Dealers Ordinance ( "Ordinance "). GBI has serious concerns regarding the proposed changes because they will impose a significant burden on Secondhand Dealers, and will not be effective in reaching law enforcement goals. Background GBI is a national company headquartered in Golden Valley. GBI owns and franchises six different types of stores that buy, sell, trade and consign used and new merchandise. Each store offers consumers value by providing quality used merchandise at substantial savings from the cost of new products and by purchasing used goods that customers have outgrown or are no longer using. New merchandise is offered to supplement the customers' selection of used goods. Currently, GBI's stores include Play It Again Sports® (sporting goods), Once Upon A Child® (children's clothing and equipment), Computer Renaissance® (computer hardware and software), Disc Go Round® (audio CD's); Music Go Round® (musical instruments), and It's About Games® (video games). GBI's success in Minnesota and nationally has been in providing an attractive outlet to recycle the unused and outgrown items found in people's closets, basements, attics, and garages. Customer surveys show that 85% of the customers shopping at a Play It Again Sports store, for example, are either shopping with or for a child. GRAY, PLANT, MooTY, MoorY & BINNET], P. A. AlroRNEYS it LiB, Brooklyn Center City Council June 22, 1998 Page 2 Currently, has more than 50 stores in the Twin Cities metropolitan area and over y, p 1,000 stores nationwide. Most GBI stores in the Twin Cities are located in a shopping mall, including in or near all of the regional malls. The Proposed Changes GBI is concerned because the proposed changes (a) broaden the reporting and recording requirements to include low - value, lower priority items, generating more administrative costs and more information that is not likely to lead to any greater identification of stolen property; and (b) add disincentives for compliance, by increasing the amount of information in such reports, and by greatly expanding the list of items requiring reports. These changes are counterproductive, both in terms of compliance and in terms of generating information that is likely to lead to the identification and return of stolen property. Moreover, data from the City of Minneapolis shows that there is simply not a significant problem with stolen merchandise being sold through secondhand stores in that City, and presumably the same is true in Brooklyn Center as well. In Minneapolis in 1994, only 169 of the 44,877 items reported to the police by secondhand dealers and pawnshops were identified as stolen -- 0.3% of all items reported. That means that 99.7% of the items reported were not stolen property. GBI is very concerned about the effect that the new requirements will have on the customers at its stores. It is terribly important that customers perceive the GBI stores as the legitimate businesses that they are. GBI fears, however, that the new requirements may needlessly and ironically create the impression that the GBI stores are an outlet for stolen property. Briefly, GBI has serious concerns about the following proposed changes: • The significant increase in the types of transactions and amount of information that must be reported to police on a daily basis. The list of reportable transactions -- all transactions with only limited exceptions -- includes man goods that are not typically P Y g tYP Y g for theft, and requires reports for transactions involving relatively low -cost items, all at a high administrative cost to Dealers. In addition, it requires Dealers to obtain detailed and personal information from their customers, and to take hoto ra hs of those customers, even when the P g P items being sold are low -value and not likely to be stolen property, such as a pair of children's hockey skates. • The significant number of transactions that must be recorded and the information g , included in such records. This information includes a color photograph or video of each customer involved in a reportable transaction. Just as with the reporting requirements, the recording requirements reach a high number of low -cost, not theft - targeted items. s Brooklyn Center City Council June 22, 1998 Page 3 ■ The 30 day holding period, which will be a serious detriment to CBI's high - volume, high - turnover business strategy. This, in the same ordinance which creates a high -speed electronic information transfer, which should reduce the time needed for holding goods, not lengthen it. In summary, the proposed ordinance is neither necessary or workable. Thank you for your consideration. Sincerely, J \w �. Thomas L. Johnson GP:494311 v1 1 am • • • •• • • • • • • PP PP- O PPPPP � INTERNATIONAL A nnual Highlights: Grow Biz International, Inc. develops and franchises the convenience of centralized billing and credit through value oriented concepts for stores that buy, sell, trade the operation of a buying group for Play It Again Sports ®. and consign used and new merchandise. Each concept The Company seeks to negotiate the lowest available emphasizes consumer value by offering quality used prices for new product and passes the cost savings to the merchandise at substantial savings from the price of new franchisees. In addition to franchising the retail concepts merchandise and by purchasing customers' used goods and operating the buying group, the Company owns and that have been outgrown or are no longer used. New operates a limited number of retail stores in each concept. merchandise is offered to supplement the selection of Currently, its franchise concepts include Play It Again used goods. The Company franchises its retail concepts Sports ®, Once Upon A Child ®, Computer Renaissance ®, nationwide and supports the system with a comprehensive Music Go Round ®, Disc Go Round® and It's About package of centralized services. Grow Biz consolidates Games - the buying power of the franchisees and offers vendors Fiscal Year Ended December 25, December 31, December 30, December 28 December 27, Statement of Operations Data 1993 1994 1995 1996 1997 Revenue $ 51,803 $ 83,586 $100,213 $ 91,550 $ 88,835 Income from Operations 777 2,218 3,041 4,058 7,212 Net Income 344 1,380 2,029 2,586 3,231 Net Income Per Common Share - Diluted .06 .19 .28 .40 .52 Balance Sheet Data Total Assets $ 31,784 $ 39,564 $ 34,024 $ 29,177 $ 37,755 Long -Term Debt 1,400 408 278 129 4,268 Shareholders' Equity 19,848 21,685 21,192 17,698 17,451 * Amounts in thousands except per share prices. NET INCOME EARNINGS PER SHARE (in thousands) 3231 $,52 hsfi $.40 2029 $.28 1380 $.19 344 $.06 1 993 1994 1995 99 i ii ii �� To the Shareholders of Grow Biz International: 1997 can be characterized as a year of growth as well as We believe going forward, sales through the buying group a year of positive change for your company. We have will stabilize and receivables will maintain their current achieved many goals and have strategically positioned the level. This provides the company with a predicable level Company for continued growth. of volume from which we can base our business while at the same time provide our franchisees with a source of For the year ended December 27, 1997, net income key product at favorable prices. increased 25% to $3.2 million, or $.52 per share, compared to $2.6 million, or $.40 per share, for the year In February 1998, we announced our intent to acquire the ended December 28, 1996. franchising rights and certain assets of Tool Traders, Inc. Our seventh concept, Tool Traders is a business that buys, Revenue from franchising consists of royalties and sells and consigns used and new tools. Ranging from franchise fees. During 1997, revenues from franchising hand tools to stationary power tools, the concept has increased $2.1 million, or II %, from $19.1 million in broad consumer appeal from both the retail and franchise fiscal 1996 to $21.2 million in fiscal 1997. point of view. We expect franchising to begin in the second quarter of 1998 and to open several franchise A key indicator of our success and potential is system- locations by year -end. wide sales. Our retail systems experienced comparable store sales increases above our competition in their Each of our concepts continue to develop and mature at respective industries. In 1997, system -wide sales were a pace consistent with their stage of development. With over $510 million compared to $414 million in fiscal each stage comes a new set of challenges. We believe the 1996. During the four year period ending December 27, management team we have in place can continue to grow 1997, the average annual growth rate in system -wide each concept into a leader in their respective industry. sales and royalties was 42% and 51 %, respectively. The success of our company depends on the economic In August 1997, we completed the Video Game Exchange, success of our franchisees. We are dedicated to provide Inc. (VGE) acquisition. This not only has become the a level of support that along with the dedication and hard nucleus of our sixth concept, It's About Games, but it has work of our franchisees gives every franchisee an also added significantly to our retail store strategy. The opportunity to succeed. forty retail stores acquired brings the total number of Company -owned stores at year -end to sixty -five. VGE's Sincerely, infrastructure for managing retail stores has become the basis for our model to expand the number of Company - owned stores. Ronald G. Olson K. Jeffrey Dahlberg Retail store revenue increased $7.9 million, or 59 %, President and CEO Chairman from $13.3 million in 1996 to $21.2 million in 1997. This increase is a result of the forty-five additional stores and an increase in comparable store sales in 1997. Merchandise sales from our buying group is almost exclusively sales to our Play It Again Sports franchisees. 1997 was the second year of an initiative we made to reduce the number of vendors being offered centralized billing. This has resulted in a decrease in sales of $12.7 million in 1997, from $58.4 million in 1996 to $45.7 million in 1997. The benefit to our franchisees has been reduced prices from key vendors. Growth ­ Service 9 Innovation Growth, service, innovation - terms we use to describe our business. The Company's business strategy is to develop and implement a number of value- oriented retail , concepts through a nationwide franchise system and the development of Company -owned stores in selected markets. Each of the concepts focus on consumer value - what we refer to as "ultra -high value." The Grow Biz concepts provide the consumer with an alternative to "big boxes" and other retailers, and at the same time provide the franchise owner with an opportunity for substantially higher gross profit margins. =- TRADE, If we were asked to identify a single highlight of 1997, the unanimous choice would be the Video Game Exchange, Inc. (VGE) acquisition. This acquisition VGE is the nucleus for the It's About Games concept. provided an entry into the electronic video game industry, Focusing on the $3.1 billion dollar electronic game a business we think is a natural fit with our corporate industry, this concept caters to the 10- to 20- year -old objective, and a profitable group of Company -owned retail male, as well as the "kid" in all of us. The industry has stores from which we can build, expand and model our prospered with the emergence of a new generation of Company -owned store strategy. By utilizing, as a model, video games from Sony, Sega and Nintendo. This provides the systems and procedures that have driven the success our franchisees and Company -owned stores with the of VGE, we believe a tremendous opportunity exists. perfect opportunity to capitalized on this retail segment. The typical store stocks 1,400 titles and generates sales of $420,000 per year at an average gross margin of 37 %. These numbers are driven by our strategy of selling used RUT ;SET[ video games at lower prices than discount chains that sell new games. Combined with a high level of informed customer service, our stores become the preferred place t; 4 i N` s for "gainers" to shop. With an initial investment in the al 3 $140,000 to $193,000 range, we think the opportunity makes sense. ili s!T 'ee i Brad D. Tait President, It's About Games' Com uftr I r� RENAISSANCE F An �IkY1uY4111 "ilD�l'�;dDi►'Y:i6»`:ikilikDA LYILVUi�� a " 187 " i= ._„ 112 — 44 cfi' 1 .` Jt;0i 17 4 " 1993 1994 1995 1996 1997 Computer Renaissance opened 76 stores in 1997 bringing the total number of stores o p en at ear -end to 187. An additional 82 stores have been sold but were not open at year -end. This concept is our fastest growing �" �• concept and provides our company with tremendous µ opportunity for growth. m �4 1 II t. I System sales in 1997 exceeded $115 million compared to rt: $55 million in 1996. With more than 30 stores exceeding $1.0 million in volume and average first full year volumes at $771,000, prospects for our franchisees is excellent. third for the household or business. If and when We believe the number of stores opened in 1998 will consumers want to upgrade, our stores will buy or trade continue on the pace achieved in 1997. At that rate, system their equipment. sales could exceed $170 million by the end of 1998. Technology and applications for computers continue to �r��t�rur�at�t�lal., ��..>:. too►�.•�tiyr;>r►�urn��:��_�N:�i grow at a pace that insures the viability of the concept. 1j5 We remain positive about the future of Computer Renaissance. 55 23 G 0 0 1 993 ii 1995 19 Computer Renaissance has begun utilizing a "National Ad Fund" in 1998. By designating a percentage of each franchisee's sales to be used for research and advertising on a national scale, we hope to keep the concept at the fore front of computer retailing. Our concept offers consumers a unique opportunity to acquire used or Michael Flynn "trailing edge" technology that more than adequately President, , Computer Renaissance serves their needs. In some instances, it may be the consumers first computer and in others, the second or t, h `r SSIP 1Q' 25 197 ` Al 123 1993 1994 1995 1996 1"7 As one of the largest retail sporting goods chains in the While restructuring was characteristic of 1997, significant world, our franchisees have a unique status within the opportunities exist within the hard goods segment of the industry. With a total of 689 stores open at the end of sporting goods world. Trends in fitness and golf will 1997, Play It Again Sports remains our largest concept. have a positive impact on their respective categories, and Our franchisees enjoy the recognition and status the brand will be a growth vehicle for Play It Again Sports in 1998. provides, but also the advantage of being a local retailer Both categories require a high level of personalized who is an involved member of the local community. service... a key competitive advantage for Play It Again Sports. More significant than any product trend is the As an industry, retail sporting goods has suffered the past dynamics of women in sports. Women participating in all two years. We have been fortunate that our comparable sports, on average, has increased by 37%. This is a trend store sales have stayed relatively flat, while those of our that will surely continue and have a positive impact on competitors have declined. This has resulted in an the Play It Again Sports system. In order to capitalize on increase in marketshare for 1997. these positive trends, our single focus will be to support our existing franchisees... all toward our mission to maximize store level profitability. It will be the focus of everything we do. • The strength of the Play It Again Sports concept • continues to offer the consumer a point of difference unique in the industry -- we buy, sell, trade and consign. For families with growing children, the "trade and save" feature at Play It Again Sports creates a long -term, mutually beneficial relationship with our - - customers. The strength of our concept, combined with the high degree of customer service provided by our franchisees, will provides unprecedented consumer value within our industry. Charles V. Kanan President, Play It Again Sports® 0 o- ONCE UPON A CHIL 188 157 f 118 nt r .. •i . 1997 represents another successful year for Once Upon -' A Child. As of December 27, 1997, a total of 208 Once Upon A Child stores were in operation making it one of the largest specialty store chains. System -wide sales in 1997 increased $7 million, from $54 million in 1996 to $61 million in 1997. This increase is a result of opening 20 net additional stores and an increase in comparable store sales. 1997 marks the fourth year in a row that the concept experienced strong comparable store sales. At over 13% �,�.ny �� y.,n�:.iy u Y Y t,ik, /►� Y -:,: �i i �� Y►ty ; o.: �:�; �r;>i for 1997, the four year average comparable store sales now stands at 13 %. 16 1.1 13 -� Through the combined effort of our franchisees and our corporate staff, the success of this concept continues to unfold. The concept offers the consumer a unique blend of merchandise and an opportunity to sell or trade outgrown clothing, toys or equipment. 1993 1994 1995 1996 1997 y� Ted R. Manley Executive Vice President of Operations WSIC G * •FOUND F With 42 stores open at year -end, Music Go Round is the largest chain of used and new musical instrument stores in North America. The musical instrument industry is + _ highly fragmented and dominated by "ma and pa" type _ - - -- stores. Music Go Round has combined the benefits of f ` J " — local ownership with the benefits of a national brand. Consumers are provided access to a unique blend of high a' ,A. value used and new musical instruments and equipment. In addition to franchising the concept, we have decided. t to open Company -owned stores in selected markets. We believe this strategy will capitalize on the success of the F d concept. It will also provide another avenue of continued growth for the concept and Grow Biz. s The first market we are looking at, outside the Minneapolis /Saint Paul market, is the Chicago area. By opening eight to ten stores in this market we will have ► �' enough critical mass to build the internal organization to manage and operate the business outside our local market. In addition, the cooperative effort of our stores and those of our franchisees in the market will provide a higher level of advertising and marketing than either would achieve alone. tr Music has always been and 1 will continue to be a mainstay of our society. Music Go Round is in a position to gain significant marketshare and become a dominant force in the industry. Prospects for Music Go Round are indeed bright. William L. Shell II President, Music Go Round® ak .a Disc Go Round opened 31 stores in 1997, with total stores open at year -end standing at 135. Since we bought the concept in July 1994 we have averaged opening 26 stores per year. During the past year, system -wide sales increased 23% from $22 million in 1996 to over $27 million in 1997. At the same time, comparable store sales increased 2.4 %. We are extremely pleased with these results and the progress Disc Go Round has made during a period of soft sales for the industry as a whole. Current industry sales trends have turned upwards and we think Disc Go Round is poised to take advantage of these trends.�j DISC GO e STORES _ H6 loom_, 94 60 enhanced with the addition of the "top 100" new compact 43 discs and a new line of accessories. These additions have established Disc Go Round has the one stop shopping 1993 1994 1995 1996 "7 source for all our customers music needs. We remain positive about the opportunity Disc Go Round By working closely with our franchisees, the Disc Go provides our franchisees and our company. We approach Round staff has made a significant impact on our 1998 with a high expectation for the growth and maturity franchisees operations. The inventory mix has been of this concept. o , I Brad D. Tait ni, . l� President, Disc Go Round® ,ni mi uid — MANAGEMENT'S jL46k u6SION AND ANALYSIS OF FINANCIAL CONW t iON AND RESULTS OF OPERATION Grow Biz International, Inc. (the Company) is a franchise company that franchises six retail concepts. In addition, the Cl �, operates Company -owned stores in selected markets. In August 1997, Grow Biz Games, Inc., a wholly -owned subsidiary of Grow Biz International, Inc., acquired certain assets and franchising rights of Video Game Exchange, Inc. ( "VGE ") of Cleveland, Ohio. VGE is a forty store retail operation with stores in Ohio, Pennsylvania, Kentucky, Georgia and Maryland. These stores buy, sell and trade used and new video games and equipment. Results of Operations The following table sets forth selected information from the C i..j�a.iy's Consolidated St:. .�,. _ii of Operation expressed as L. r +::. c ,. s: ,; u . f total revenue and the percentage changes in the doll:, . ,: s from the prior period: Fiscal Year Ended December 30, December 28, December 27, Fiscal 1996 Fiscal 1997 1995 j996 _ 1997 . _ _ o vfk 1 995 over 1996 Revenues Merchandise sales 83.9% 78.4% 75.3% (14.6 %) (6.8 %) Royalties 11.5 16.3 19.5 29.4 15.8 Franchise fees 3.9 4.6 4.4 7.0 (6.1) Advertising and other 9.7 0.7 0.8 (4.8) 3.5 Total 106.0 100.0 100.0 (8.6) (3.0) Cost of merchandise sold 76.0 69.7 63.8 (16.2) (11.3) Selling, general and 20.9 25.9 28.1 12.7 5.7 Income from operations 3.1 4.4 8.1 33.4 77.8 Litigation settlement - - (2.2) - - Interest and other income (expense), net 0.2 0.2 0.1 (34.1) (47.3) Income before income taxes 3.3 4.6 6.0 27.5 25.0 Provision for income taxes 1.3 1.8 2.4 27.5 25.0 Net income 2.0% 2.8% 3.6% 27.5% 25.0% Revenues Merchandise sales include the sale of product to franchisees through the buying group and retail sales at the Company- j owned stores as follows: 1995 1996 1997 Buying Group $ 72,971,600 $ 58,437,100 $ 45,717,100 Retail Sales 11,071,500 13,299,700 21,172,000 $ 84,043,100 $ 71,736,800 $ 66,889,100 The Play It Again Sports buying group revenue declined the past two years as part of management's strategic decision to reduce the number of vendors offered centralized billing and franchisees purchase more inventory on a direct basis. Retail sales at Company -owned stores increased 59.2% in 1997 over 1996 primarily as a result of the forty Company -owned Video Game Exchange stores acquired on August 15, 1997 as well as a net increase of five other Company -owned stores in 1997. It is anticipated that buying group revenues will continue to decline as a percent of total revenues in the upcoming year while retail sales are expected to increase as the revenues from these Video Game Exchange stores are included for the entire year and through other Company -owned st_ . 1­j, ;,:.ision. Results of Operations (continued) Revenues (continued) Revenue from franchising activity was as follows: 1995 1996 1997 Royalties $11,565,500 $14,964,800 $17,328,500 Franchise Fees 3,888,500 4,161,600 3,907,200 Royalties are a derivative of system -wide retail sales and have increased by $3.4 million and $2.4 million in 1996 and 1997, respectively, as a result of opening additional franchise stores and increases in comparable store sales. Comparable store sales increases and average store sales for stores open at least one year at December 27, 1997 for the five franchised concepts are shown in the following table: Comparable Store Sales Increase from 1996 Average Store Sales Play It Again Sports® 1.1% $ 441,000 Once Upon A Child® 13.4% 341,000 Computer Renaissance® 4.4% 837,000 Music Go Round® 11.6% 495,000 Disc Go Round® 2.4% 238,000 Franchise fees are recognized as revenue essentially when the related franchise store opens. Store openings and related franchise fees have not changed materially over the last three years. The Company anticipates that royalty revenue will continue to grow as additional stores are opened and that franchise fees will continue at the same level as the past three years. Cost of Merchandise Sold Cost of merchandise sold includes the cost of merchandise sold through the buying group and at Company -owned retail stores. Over the past three years, cost of merchandise sold as a percentage of the related revenue is shown in the following table: 1995 1996 1997 Buying Group 95.1% 95.2% 95.0% Retail Stores 61.4 61.7 62.4 Selling, General and Administrative The increase of $1.4 million, or 6 %, in operating expenses from 1996 to 1997 is primarily the additional costs related to operating the Company -owned retail stores acquired during the year. From 1995 to 1996, operating expenses increased $2.7 million, or 12.7 %, due to an increased number of support personnel relating to our franchise system. It is anticipated that future operating expenses as a percent of revenue will be consistent with the 1997 results. Litigation Settlement In connection with an action filed by an early partner in the original Play It Again Sports store, the Company received a court ruling on a motion filed by the plaintiff stating that an enforceable agreement existed between the two parties. Under the order, the Company is required to pay $2.0 million to purchase certain development rights held by the plaintiff from a 1992 agreement. The order further directed that all claims between the parties be dismissed. The Company intends to appeal the court order. Net Interest Net interest income was $295,500, $194,700 and $102,700 in 1995, 1996 and 1997, respectively. Interest income was earned on investments in short-term, high -grade investments and interest charges on accounts receivable balances. The decrease in interest income in 1996 and 1997 was due to the Company having lower cash balances as a result of the repurchase of shares of the Company's common stock and the interest expense incurred on the notes payable related to the Video Game Exchange, Inc. acquisition on August 15, 1997. Provision for Income Taxes The provision for income taxes was calculated at an effective rate of 39.2% for fiscal 1995, 1996 and 1997. Liquidity and Capital Resources The Company ended the year with $3.1 million cash and had a current ratio of 1.6 to 1.0. During the year ended December 27, 1997, the Company's operating activities provided $6.1 million of cash. Net income before depreciation and change in deferred income tax provided $5.3 million, offset by changes in the operating assets and liabilities. Prepaid assets increased by $1.0 million as a result of income tax deposits made during the year and the renegotiated point -of -sale software license agreement renegotiated in 1997. L, increased by $1.5 million as a result of the addition of five Company -owned stores in 1997. Accrued liabilities :.. by $2.5 million primarily as a result of recording the litigation settlement. The Company intends to appeal the court decision and does not anticipate paying for the settlement until all post litigation motions are concluded. In August 1997, the Company purchased certain assets of Video Game Exchange, Inc. (VGE) for total consideration of $6.6 million. Of this amount, $4.5 million was financed through a five -year term loan, with a bank, payable in sixty equal installments beginning in October 1997 plus accrued interest at prime plus one -half of one percent. The former owners of VGE financed $2.0 million through a two -year note payable in twenty -four equal installments beginning in September 1997 plus accrued interest at prime plus one -half of one percent. In 1997, the Company renegotiated the terms of its point -of -sale software license utilized by its franchisees from a per unit fee with a remaining minimum liability of $666,800 to a set fee of $400,000. The Company paid $133,000 upon signing the agreement and recorded the $267,000 note payable that is payable in equal installments in January 1998 and January 1999. Financing activities provided cash of $2.6 million in 1997 compared to utilizing cash of $2.9 million and $6.2 million in 1995 and 1996, respectively. 1997 activity consisted primarily of the VGE notes offset by the repurchase of 386,819 shares of the Company's common stock. In July 1997, the buy back was extended to include an additional 500,000 shares bringing the total shares the Company is authorized to buy back to 2,000,000. As of March 9, 1998, 1,505,286 shares, at an average price of $9.37 per share had been purchased. The Company has a $5.0 million committed revolving line of credit agreement which is due for renewal on July 31, 1998. Borrowings against the line are due on demand and carry an interest rate of prime which was 8.5% at December 27, 1997. At December 27, 1997, the Company had no borrowings against the line. i The Company believes that its current cash position, cash generated from future operations, availability of line of credit borrowings and additional capacity for debt will be adequate to meet the Company's current obligations and operating needs. New Accounting Standards The Financial Accounting Standards Board (FASB) has issued Statement No. 128, "Accounting for Earnings Per Share ". The Company has adopted Statement No. 128 and has disclosed the impact of Statement No. 128 in the Statements of Operations and in the footnotes to the financial statements. Forward Looking Statements The statements made in this report that are not historical facts are forward looking statements. Such statements are based on current expectations but involve risks, uncertainties and other factors which may cause actual results to differ materially from those contemplated by such forward looking statements. Important factors which may result in variations from results contemplated by such forward looking statements include, but are not limited to: (1) the Company's ability to attract qualified franchisees; (2) the Company's ability to collect its receivables; (3) the Company's ability to open stores; (4) each store's ability to acquire high - quality, used merchandise; (5) the Company's ability to control selling, general and administrative expenses; and (6) the Company's ability to obtain competitive financing to fund its growth. The Company's strategy focuses on enhancing revenues and profits at all store locations and the opening of additional stores. The Company's growth strategy is premised on a number of assumptions concerning trends in each of the retail industries as well as trends in franchising and the economy. To the extent that the Company's assumptions with respect to any of these matters are inaccurate, its results of operations and financial condition could be adversely affected. I t,nu vv BIZ INTERNATIONAL, INC. AND SUBSIDIARY Consolidated Balance Sheets December 28, December 27, 1996 1997 ASSETS CURRENT ASSETS: Cash and cash equivalents $ 1,388,800 $ 3,088,000 Receivables, less allowance for doubtful accounts of $930,000 and $880,000 13,171,400 12,880,700 �i.;..:�,.��..'.:,�., 2,716,000 5,728,600 Prepaid expenses and other 862,900 1,987,300 Deferred income taxes (Note 8) 1,726,400 1,491,600 Total current assets 19,865,500 25,176,200 NOTES RECEIVABLE 339,800 184,000 PROPERTY AND EQUIPMENT: Furniture and equipment 5,553,100 6,339,200 Building and building impw ✓*�i.L .ts 3,305,800 3,375,100 Less - accumulated depreciation and amortization (2 879,600') (4,096,400 Property and equipment, net 5,617,900 OTHER ASSETS: Noncompete agreements and other, net of accumulated amortization of $2,788,600 and $3,258,300 1,855,200 1,507,000 Goodwill, net of accumulated amortization of $128,800 and $230,200 1,136,700 5,269,500 Total other assets 2,991,900 6,776,500 $ 29,176,500 $ 37,754,600 LIABILITIES AND SHAREHOLDERS' EQUITY CURRENT LIABILITIES: Accounts payable $ 5,670,300 $ 6,604,800 Accrued liabilities 1,275,800 3,781,500 Current maturities of long -term debt (Note 7) 134,900 2,061,400 I Deferred franchise fee revenue 4,269,000 3,588,000 Total current liabilities 11,350,000 16,035,700 LONG TERM DEBT (Note 7) 129,000 4,268,200 SHAREHOLDERS' EQUITY (Note 5) Undesignated stock, no par, 5,000,000 shares authorized, no shares issued and outstanding - - Common stock, no par, 10,000,000 shares authorized, 6,263,444 and 6,002,214 shares issued and outstanding 10,952,900 7,474,900 Retained earnings 6,744,600 9,975,800 Total shareholders' equity 17,697,500 17,450,700 $ 29,176,500 $ 37,754,600 The accompanying notes are an integral part of these financial statements. GROW BIZ INTERNATIONAL, INC. AND SUBSIDIARY Consolidated Statements of Operations Fiscal Year Ended December 30, December 28, December 27, 1995 1996 1997 REVENUE Merchandise sales $ 84,043,100 $ 71,736,800 $ 66,889,100 Royalties 11,560,500 14,964,800 17,328,500 Franchise fees 3,888,500 4,161,600 3,907,200 Advertising and other 720,700 686,400 710,500 Total revenues 100,212,800 91,549,600 88,835,300 COST OF MERCHANDISE SOLD 76,191,400 63,855,600 56,633,700 SELLING, GENERAL AND ADMINISTRATIVE EXPENSES 20,980,300 23,636,200 24,989,900 Income from operations 3,041,100 4,057,800 7,211,700 LITIGATION SETTLEMENT (Note 10) - - (2,000,000) INTEREST EXPENSE (49,700) (56,900) (256,700) INTEREST INCOME 345,200 251,600 359,400 Income before income taxes 3,336,600 4,252,500 5,314,400 PROVISION FOR INCOME TAXES (Note 8) 1,308,000 1,667,000 2,083,200 NET INCOME $ 2,028,600 $ 2,585,500 $ 3,231,200 NET INCOME PER COMMON SHARE - Basic $ 0.28 $ 0.40 $ 0.53 WEIGHTED AVERAGE SHARES OUTSTANDING - Basic 7,212,600 6,428,500 6,116,200 NET INCOME PER COMMON SHARE - Diluted $ 0.28 $ 0.40 $ 0.52 WEIGHTED AVERAGE SHARES OUTSTANDING - Diluted 7,351,000 6,516,000 6,273,500 The accompanying notes are an integral part of these financial statements. GROW BIZ INTERNATIONAL, INC. AND SUBSIDIARY Consolidated Statements of Changes in Shareholders' Equity Fiscal years ended December 30, 1995, December 28, 1996 and December 27, 1997 Common Stock Retain d Shares Amount Earnings BALANCE, December 31, 1994 7,203,862 $ 19,554,500 $ 2,130,500 Repurchase of common stock (Note 5) (321,900) (2,939,700) - Stock options exercised and related tax benefits 76,506 418,200 - Net income - - 2,028,600 BALANCE, December 30, 1995 6,958,468 $17033,000 $ 4,159,100 Repurchase of common stock (Note 5) (740,194) (6,266,100) - Stock op:a. � and related tax benefits 45,170 186,000 - Net income - - 2,585,500 BALANCE, December 28, 1996 6,263,444 $ 10,952,900 $ 6,744,600 Repurchase of common stock (Note 5) (386,819) (4,217,300) - Stock options exercised and related tax benefits 125,589 739,300 - Net income - - 3,231,200 BALANCE, December 27, 1997 6,002,214 $ 7,474,900 $ 9,975,800 The accompanying notes are an integral part of these financial statements. GROW BIZ INTERNATIONAL, INC.AND SUBSIDIARY Consolidated Statements of Cash Flows Fiscal Year Ended December 30, December 28, December 27, 1995 1996 1997 OPERATING ACTIVITIES: Net income $ 2,028,600 $ 2,585,500 $ 3,231,200 Adjustments to reconcile net income to net cash provided by(used for)operating activities- Depreciation and amortization 1,765,400 1,785,000 1,878,100 Deferred income tax (378,100) (274,900) 234,800 Change in operating assets and liabilities: Receivables 363,200 2,861,000 446,500 Inventories (1,302,000) 1,576,000 (1,461,900) Prepaid expenses and other 263,300 122,800 (998,500) Accounts payable (2,739,100) (1,408,200) 934,500 Accrued liabilities (1,219,000) 80,200 2,505,700 Deferred franchise fee revenue (747,000) 126,000 (681,000) Net cash provided by(used for)operating activities (1,964,700) 7,453,400 6,089,400 INVESTING ACTIVITIES: Redemption of short-term investments 6,337,300 420,000 - Purchases of property and equipment,net (2,335,800) (297,000) (366,900) Increase in other assets (164,900) (57,700) (31,300) Acquisition of certain assets of Video Game Exchange, Inc. (Note 4) - - (6,579,700) Net cash provided by(used for)investing activities 3,836,600 65,300 (6,977,900) FINANCING ACTIVITIES: Notes Payable - - 6,767,000 Payments on long-term debt,net (214,800) (151,300) (701,200) Repurchase of common stock(Note 5) (2,939,700) (6,266,100) (4,217,300) Proceeds from stock option and warrant exercises 277,200 186,000 739,200 Net cash provided by(used for)financing activities (2,877,300) (6,231,400) 2,587,700 INCREASE(DECREASE)IN CASH AND CASH EQUIVALENTS (1,005,400) 1,287,300 1,699,200 CASH AND CASH EQUIVALENTS,beginning of period 1,106,900 101,500 1,388,800 CASH AND CASH EQUIVALENTS,end of period $ 101,500 $ 1,388,800 $ 3,088,000 SUPPLEMENTAL DISCLOSURES: Cash paid for interest $ 47,600 $ 50,200 $ 196,600 Cash paid for income taxes $ 2,978,300 $ 1,831,500 $ 2,744,300 The accompanying notes are an integral part of these financial statements. GROW BIZ INTERNATIONAL, INC. AND SUBSIDIARY Consolidated Notes to the Financial Statements December 28, 1996 and December 27, 1997 1. Organization and Business: Grow Biz International, Inc. (the Company) offers licenses to operate retail stores using the service marks "Play It Again Sports ", "Once Upon A Child ", "Music Go Round ", "Computer ice ", "Disc Go Round" and "It's About Games ". In addition, the Company sells inventory to its franchisees through its "Buying Group" and operates retail stores. The Company has a 52/53 -week fiscal year which ends on the last Saturday in December. In 1997, Grow Biz Games, Inc., a wholly -owned subsidiary of the Company, was incorporated. Certain assets of the following entities were �.c�, a'f... tl by the Gm�,airy 4nd its subsidiary with the respective operating results included in the financial from the date of acquisition: Entity Acquisition Year Sports Traders, Inc. (Buying Group) 1992 Play It Again Sports retail stores (3) 1992 Once Upon A Child, Inc. 1992 Hi Tech Consignments, Inc. (Music Go Round) 1993 Computer Renaissance, Inc. 1993 CDX Audio Development, Inc. (Disc Go Round) 1994 Video Game Exchange, Inc. (It's About Games) 1997 2. Significant Accounting Policies: Business Segment Information The Cuii+tatj is engaged in principally one business segment -- developing, licensing, franchising and servicing a system of retail stores which buy, sell, trade and consign used and new products. Cash Equivalents Cash equivalents consist of highly liquid investments with an original maturity of three months or less. Cash equivalents are stated at cost which approximates fair value. Inventories The Company values its inventories at the lower of cost or market, as determined by the average weighted cost method. Property and Equipment Property and equipment is stated at cost. Depreciation and amortization for financial reporting purposes is provided on the straight -line method. Estimated useful lives used in calculating depreciation and amortization are: five years for furniture and equipment, thirty -five years for building and building improvements and the shorter of the lease term or useful life for leasehold improvements. Major repairs, refurbishments and improvements which significantly extend the useful lives of the related assets are capitalized. Maintenance and repairs, supplies and accessories are charged. to expense as incurred. MI 2. Significant Accounting Policies (continued): Other Assets Other assets consist primarily of covenants not to compete which are being amortized on a straight -line basis over the terms of the agreements which range from three to ten years and goodwill which is being amortized on a straight -line basis over fifteen to forty years. Use of Estimates The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period. The ultimate results could differ from those estimates. Revenue Recognition The Company collects royalties from each franchise based on retail store gross sales. The Company recognizes royalties as revenue when earned. The Company collects franchise fees when franchise agreements are consummated and recognizes the franchise fees as revenue when substantially all initial franchise services have been performed. The Company had deferred franchise fee revenue of $4,269,000 and $3,588,000 at December 28, 1996 and December 27, 1997, respectively. Net Income Per Common Share The Company calculates net income per share in accordance with FASB Statement No. 128 by dividing net income by the weighted average number of shares of common stock outstanding to arrive at the Net Income Per Common Share - Basic. The Company calculates Net Income Per Share - Dilutive by dividing net income by the weighted average number of shares of common stock and dilutive stock equivalents from the exercise of stock options and warrants using the treasury stock method. A reconciliation of basic weighted average number of shares outstanding to dilutive average number of shares outstanding is as follows: December 30, 1995 December 28, 1996 December 27, 1997 Weighted average shares outstanding - Basic 7,212,600 6,428,500 6,116,200 Dilutive effect of stock options after application of the treasury stock method 138,400 87,500 157,300 Weighted average shares outstanding - Dilutive 7,351,000 6,516,000 6,273,500 Reclassification Certain 1995 and 1996 amounts in the financial statements have been reclassified to conform with the 1997 financial statement presentation. These reclassifications have no effect on net income or shareholders' equity as previously reported. 3. Receivables: The Company's current receivables consisted of the following: December 28, 1996 December 27, 1997 Trade (Net) $ 11,591,500 $ 11,065,200 Royalty 1,709,000 1,718,500 Other 210,700 281,000 13,511,200 13,064,700 Less: Long-term Notes (339,800) (184,000) Current Receivables $ 13,171,400 $ 12,880,700 As part of its normal course of business, the Company requires Standby Letters of Credit as collateral for a portion of its trade receivables from it first-year and second-year stores. 4. Acquisitions: Purchase of Video Game Exchange, Inc. In August 1997, Grow Biz Games, Inc., a wholly-owned subsidiary of Grow Biz International, Inc., acquired certain assets and franchising rights of Video Game Exchange, Inc. ("VGE") a forty store retail chain headquartered in Cleveland, Ohio for$6,579,700. The acquisition has been accounted for under the purchase method of accounting. Pursuant to the purchase,the Seller and its shareholders entered into agreements not to compete with the Company for five years. Of the total purchase price, $4.5 million was financed through a five-year bank term loan payable in sixty equal installments plus accrued interest at prime plus one-half of one percent. The former owner of VGE financed$2.0 million through a two-year note payable in twenty-four equal installments plus accrued interest at prime plus one-half of one percent. The$4.3 million cost in excess of net assets acquired was recorded as goodwill and will be amortized over a twenty-five year period. The following are the unaudited pro forma results of operations for 1996 and 1997, as if the above acquisition had occurred on December 30, 1995: December 28, 1996 December 27, 1997 Revenue $ 105,756,600 $ 97,230,400 Net income 2,962,500 3,498,000 Net income per common share (Basic) $ .46 $ .57 Net income per common share (Diluted) $ .45 $ .56 5. Shareholders' Equity: Repurchase of Common Stock Since November 1995, the Company's Board of Directors has authorized the repurchase of up to 2,000,000 shares of the Company's common stock on the open market. As of December 27, 1997, the Company had repurchased 1,448,913 shares of its stock at an average price of$9.26 per share including 386,819 shares repurchased at an average price of$10.90 per share in the year ended December 27, 1997. S. Shareholders' Equity (continued): Stock Option Plan The Company has authorized up to 1,100,000 shares of common stock be reserved for granting either nonqualified or incentive stock options to officers and key employees under the Company's 1992 Stock Option Plan (the Plan). Grants can be made by the board of directors or a board- designated committee at a price of not less than 100% of the fair market value on the date of grant. If an incentive stock option is granted to an individual who owns more than 10% of the voting rights of the Company's common stock, the option exercise price may not be less than 110% of the fair market value on the date of grant. The term of the options may not exceed ten years, except in the case of nonqualified stock options, whereby the terms are established by the board of directors or a board- designated committee. Options may be exercisable in whole or in installments, as determined by the board of directors or a board- designated committee. Stock options granted and exercised under the plan as of December 27, 1997 are as follows: Weighted Average Number of Shares Price Range Exercise Price Outstanding at December 30, 1995 588,575 $ 2.00 - $ 14.50 $ 8.35 Granted 357,000 7.25 - 9.00 7.95 Exercised (38,750) 2.00 - 10.00 2.75 Forfeited - (190,700) 8.00 - 12.38 9.86 Outstanding at December 28, 1996 716,125 2.00 - 14.50 8.68 Granted 145,750 10.50 - 12.25 11.31 Exercised (101,968) 2.00 - 12.19 4.79 Forfeited (61,045) 8.00 - 11.75 9.82 Outstanding at December 27, 1997 698,862 $ 2.00 - $ 14.50 $ 9.88 Exercisable at December 27, 1997 350,554 $ 2.00 - $ 14.50 $ 8.70 The stock options outstanding at December 27, 1997 have a weighted average remaining contractual life of 1.9 years Employee Stock Purchase Plan The Company sponsors an Employee Stock Purchase Plan (`Employee Plan') and reserved 100,000 shares of the Company's common stock for issuance to employees who elect to participate. The Employee Plan operates in one -year phases and stock may be purchased at the end of each phase. The stock price is 85% of the fair market value of such common stock on the commencement date or termination date of the phase, whichever is lower. During 1997, the Company issued 10,315 shares under the plan at a price of $6.85. As of December 27, 1997, contributions have been received for the issuance of 6,697 shares under phase four. Nonplan Options The Company sponsors a Stock Option Plan for Nonemployee Directors (the `Nonemployee Directors Plan') and reserved a total of 100,000 common shares for issuance to directors of the Company who are not employees. The Nonemployee Directors Plan provides that each director who is not an employee of the Company will receive an option to purchase 25,000 common shares upon initial election as a director at a price equal to the fair market value on the date of grant. Each option granted under the Nonemployee Directors Plan vests and becomes exercisable in five equal increments of 5,000 shares, beginning one year after the date of grant. The Company has granted options to purchase the Company's common stock at $10.00 per share to four non - employee directors. Each option granted vests and becomes exercisable in increments through 1998. There were 75,000 shares exercisable at December 27, 1997. 5. Shareholders' Equity (continued): SFAS No. 123 Disclosures The Company accounts for the above plans under APB Opinion No. 25, and accordingly no compensation expense relating to the granting of options has been recognized in the Statement of Operations. Had compensation cost for these plans been determined consistent with Statement of Financial Accounting Standards No. 123 "Accounting for Stock-Based Compensation" (SFAS 123), the Company's proforma net income and net income per common share would have changed to the following proforma amounts: 1995 1996 1997 Net Income: As Reported $2,028,600 $ 2,585,500 $ 3,231,200 Pro Forma 1,889,900 2,293,000 2,964,300 Net Income Per Common Share(Diluted): As Reported $ .28 $ .40 $ .52 Pro Forma $ .26 $ .35 $ .47 The fair value of each option granted subsequent to January 1, 1995 in accordance with SFAS 123 was estimated on the date of the grant using the Black-Scholes option pricing model with the following weighted average assumptions: risk free interest rates of 6.07%to 7.90% in 1995, 6.01% to 6.81% in 1996 and 5.77%to 6.83% in 1997, expected life of five years for 1995, two to five years for 1996 and five years for 1997; expected volatility of 47.05%to 56.01% in 1995, 39.78% to 44.59% in 1996 and 20.11%to 36.85% in 1997. Warrants In connection with a 1992 private placement, options to purchase 37,500 shares of the Company's common stock were exercised in 1997 under the net issuance method resulting in 13,306 shares being issued. At December 27, 1997 there were outstanding warrants remaining to purchase 37,500 shares of the Company's common stock at$10.00 per share. The warrants expire in 1998. 6. Line of Credit: The Company has a$5.0 million committed revolving line of credit agreement which is due for renewal on July 31, 1998. Borrowings against the line are due on demand and carry an interest rate of prime which was 8.5% at December 27, 1997. At December 27, 1997, the Company had no borrowings against the line. 7. Long-term Debt: The Company's long-term debt consists of: December 28, 1996 December 27, 1997 Bank Term Debt $ - $ 4,275,000 Note Payable - 1,666,700 Other 263,900 387,900 Total 263,900 6,329,600 Less: Current Portion (134,900) (2,061,400) $ 129,000 $ 4,268,200 7. Long -term Debt (continued): Future maturities of long -term debt as of December 27, 1997 are as follows: 1998 $ 2,061,400 1999 1,700,600 2000 900,000 2001 1,022,100 2002 645,500 $ 6,329,600 The bank term note bears interest at prime plus one -half of one percent. It is due in monthly principal and interest installments through September 2002. This note contains various restrictive covenants which, among other matters, require the Company to maintain certain financial ratios. The Company was in compliance with all these covenants as of December 27, 1997. The note payable bears interest at prime plus one -half of one percent. It is due in monthly principal and interest installments through September 1999. 8. Income Taxes: Components of the provision for income taxes are as follows: December 30, 1995 December 28, 1996 December 27, 1997 Currently payable: Federal $ 1,511,100 $ 1,701,300 $ 1,423,400 State 175,000 240,600 425,000 Subtotal 1,686,100 1,941,900 1,848,400 Deferred income tax benefit (378,100) (274,900) 234,800 Total tax provision $ 1,308,000 $ 1,667,000 $ 2,083,200 The effective tax rate differs from the federal statutory rate due primarily to the following: December 30, 1995 December 28, 1996 December 27, 1997 Federal statutory rate 34.0% 34.0% 34.0% State income taxes, net of federal benefit 3.4 3.7 5.3 Nondeductible meals and entertainment 1.1 0.8 0.7 Tax exempt interest income (0.9) - - Other, net 1.6 0.7 (0.8) 39.2% 39.2% 39.2% Deferred income taxes are the result of provisions of the tax laws that either require or permit certain items of income or expense to be reported for tax purposes in different periods than they are reported for financial reporting. The components of the deferred tax asset are as follows: December 28, 1996 December 27, 1997 Deferred franchise fees $ 929,500 $ 614,600 Accounts receivable reserves 470,600 466,500 Other 326,300 410,500 Net deferred tax asset $ 1,726,400 $ 1,491,600 9. Commitments and Contingencies: Employee Benefit Plan The Company provides a 401(k) Savings Incentive Plan which covers substantially all employees. The plan provides for matching contributions and optional profit- sharing contributions at the discretion of the board of directors. Employee contributions are fully vested; matching and profit- sharing contributt.i , , v i � .:eject to a five -year service vesting schedule. Contributions to the plan for 1995, 1996 and 1997 were $205,100, $267,000 and $253,500, respectively. Operating Leases The Company conducts all of its retail i " .a ,a 1 % .STS in leased facilities that expire over the next five years. A majority of these leases require the Company to pay maintenance, insurance, taxes and other expenses in addition to minimum annual rent. Total rent expense under these operating leases was $850,800 in 1995, $1,033,000 in 1996 and $1,468,100 in 1997. As of December 27, 1997, minimum rental commitments under i iu1i.,s;; i':,:lable operating leases are: $1,701,900 in 1998, $696,900 in 1999, $379,700 in 2000, $258,800 in 2001 and $144,100 in 2002. The Company rents retail space from PIAS Holdings, a partnership of two of the Company's officers, through an agreement that expires September 2000. Payments under this agreement were approximately $59,000, $66,000 and $66,000 in 1995, 1996 and 1997, respectively. Consulting Agreements The Company has a consulting UgWc..i,;..t with a former shareholder in which the Company is required to pay $35,000 per year through 1999. The Company has consulting agreements with the former owners of Computer Renaissance. The agreements require the Company to pay 1/2% of all receipts from franchising Computer Renaissance retail stores through May 31, 1998. 10. Litigation Settlement: In 1995, an early partner in the original Play It Again Sports store commenced an action against the Company relating to, among other things, the development of stores under a 1992 retail store agreement. In February 1998, the court ruled that an enforceable settlement agreement was reached between the parties. The terms of the settlement require the Company to pay $2.0 million to purchase certain development rights and settle all claims. The Company has recorded the $2.0 million non - operating expense in fiscal 1997. The likelihood of a favorable ruling on an appeal cannot be determined at this time. 11. Quarterly Financial Data: The Company's unaudited quarterly results for the years ended December 27, 1997 and December 28, 1996 are as follows: First Second Third Fourth Quarter Quarter Quarter Quarter 1997 Total Revenue $ 19,109,400 $ 20,679,000 $ 22,078,500 $26,968,400 Income from Operations 826,300 1,589,700 2,056,400 2,739,300 Net Income 545,200 994,000 1,269,000 423,000 Net Income Per Common Share - Basic $ .09 $ .16 $ .21 $ .07 Net Income Per Common Share - Diluted $ .09 $ .16 $ .20 $ .07 1996 Total Revenue $ 25,126,400 $ 25,008,800 $ 21,573,900 $19,840,500 Income from Operations 543,000 725,300 1,385,000 1,404,500 Net Income 330,200 467,500 887,700 900,100 Net Income Per Common Share - Basic $ .05 $ .07 $ .14 $ .14 Net Income Per Common Share - Diluted $ .05 $ .07 $ .14 $ .14 Report of Independent Public Accountants: To the Shareholders of Grow Biz International, Inc.: We have audited the acc ....,;.. ,.`.., consolidated balance sheets of Grow Biz International, Inc. and Subsidiary (Minnesota s) as of Dc u.,.... ; u„ 27, 1997 and December 28, 1996, and the related consolidated statements of operations, changes in shareholders' equity and cash flows for each of the three years in the period ended December 27, 1997. These financial are the responsibility of the Company's ...:. : ;, ... ,., _. Our responsibility is to express an opinion on these financial statements based on our audits. We conducted our audits in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disci,,.,, -. ,,, 7 . the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by .. . as well as evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion. In our opinion, the consolidated financial sty,.u referred to above present fairly, in all material respects, the financial position of Grow Biz International, Inc. and Subsidiary as of December 27, 1997 and December 28, 1996, and the results of their operations and their cash flows for each of the three years in the period ended December 27, 1997, in conformity with generally accepted accounting principles. Ax nun ANDERSEN LLP Minneapolis, Minnesota, February 3, 1998 BOARD OF DIRECTORS K. Jeffrey Dahlberg (1) Randel S. Carlock (2) Chairman of the Board Director Institute for Family Business Ronald G. Olson President and Chief Executive Officer Dennis J. Doyle (1) (3) President and Chief Executive Officer Bruce C. Sanborn (1) (3) Welsh Companies, Inc. Chairman of the Board North Central Life Insurance Company Robert C. Pohlad (2) President Pohlad Companies (1) Executive Committee (2) Audit Committee (3) Compensation Committee EXECUTIVE OFFICERS K. Jeffrey Dahlberg Charles V. Kanan Chairman of the Board President, Play It Again Sports® Ronald G. Olson Michael E. Flynn President and Chief Executive Officer President, Computer Renaissance® Ted R. Manley William L. Shell, II Executive Vice President of Operations President, Music Go Round® David J. Osdoba, Jr. Brad D. Tait Vice President of Finance and Chief Financial Officer President, Disc Go Round ®and President, It's About Games Gaylen L. Knack Vice President and General Counsel SHAREHOLDER INFORMATION CORPORATE ADDRESS COMMON STOCK 4200 Dahlberg Drive The stock is traded on the NASDAQ National Market System Minneapolis, MN 55422 -4837 under the symbol GBIZ. The table below sets forth the high (612) 520 -8500 and low bid prices of the Company's common stock as CORPORATE COUNSEL reported by NASDAQ for the periods indicated: Gray, Plant, Mooty, Mooty & Bennett, P.A. 1997: First Second Third Fourth Minneapolis, MN High 123/4 11 1/8 171/4 161/4 INDEPENDENT PUBLIC ACCOUNTANTS Low 83/4 101/2 107/16 117/8 Arthur Andersen LLP Minneapolis, MN 1996: First Second Third Fourth TRANSFER AGENT High 11 1/4 8 1/8 93/4 101/2 Norwest Bank Minnesota, N.A. Low 75/8 732/35 627/32 83/4 South Saint Paul, MN REPORTS At March 9, 1998, there were 5,945,841 shares of common Shareholders may obtain, without cost, the Company's annual stock outstanding held by 1,719 beneficial shareholders and report on Form 10 -K as filed with the Securities and Exchange 264 shareholders of record. The Company has not paid any Commission by writing the Corporate Secretary at the cash dividends on its common stock and does not anticipate Company's address listed above. paying cash dividends in the foreseeable future. Shareholders may obtain the latest Company news release ANNUAL MEETING information including quarterly results, 24 hours a day via The annual shareholders' meeting will be held on Wednesday, FAX, by calling 800- 758 -5804 and following the recorded May 6, 1998 at 4:00 p.m. at the Grow Biz corporate office, instructions using our six -digit code 704225. 4200 Dahlberg Drive, Minneapolis, MN. OYMN CE NT� BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: City Manager Michael McCauley FROM: Chief Joel Downer �(V i DATE: June 18, 1998 SUBJECT: Pawn Shop Ordinance Revisions Detective Steve Farris personally delivered the proposed pawn shop ordinance revisions to the three businesses in Brooklyn Center that would be effected by the changes. The businesses are Cash -N -Pawn, Funcoland, and Disc Go Round. A cover letter was also delivered which informed the merchants of the public hearing which is on the agenda for the city council meeting to be held on June 22, 1998, at 7:00 pm. JD:kh CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 8th day of June, 1998, at 7 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 23 regarding the regulation of pawnshops and secondhand goods dealers. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the City Clerk at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 23 OF THE BROOKLYN CENTER CODE OF ORDINANCES, RELATING TO THE REGULATION OF PAWNSHOPS AND SECONDHAND GOODS DEALERS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 23 -601 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 23 -601. DEFINITIONS. For the purpose of Sections 23 -601 through 23- 633, the terms defined in this section have the meanings given them. 1. Pawnbroker means a person who loans money on deposit or pledge of personal property, or other valuable thing, or who deals in the purchasing of personal property or other valuable thin- on condition of selling the same back again at a stipulated price, or who loans money secured by chattel mortgage on personal property, taking possession of the property or any part so mortgaged. 2. Secondhand Goods Dealer means a person whose regular business includes selling or receiving tangible personal property (excluding motor vehicles) previously used, rented, owned or leased. 3. Consignment House Dealer means a person whose regular business includes receiving. but not purchasing, tanaible property with the intention to sell the property and divide the proceeds with the owner. Section 2. Section 23 -602 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 23 -602. EXEMPTIONS. Sections 23 -601 through 23 -633 shall not apply to or include the following. ORDINANCE NO. 1. The sale of secondhand goods where all of the following are present. a. The sale is held on property occupied as a dwelling by the seller or owned, rented or leased by a charitable or political organization; b. The items offered for sale are owned by the occupant; C. That no sale exceeds a sale of 72 consecutive hours; d. That no more than four (4) sales are held in any 12 -month period; e. That none of the items offered for sale shall have been purchased for resale or received on consignment for the purpose of resale. 2. The sale of goods at an auction held by an auctioneer. 3. The business of buying or selling only those secondhand goods taken as part or full payment for new goods and where such business is incident to and not the primary business of a person. 4. A bulk sale of property from a merchant, manufacturer or wholesaler having an established place of business or goods sold at open sale from bankrupt stock. 5. Goods sold at an exhibition, providing the exhibition does not last longer than ten days in any twelve month period. 6. Sales by a licensed automobile dealer. unless the motor vehicle is taken in a pawn transaction. 7. Firearms, including antique firearms, sold by firearms dealers holding current valid federal firearms dealer licenses permitting them to deal in such sales. 8. Sales made by the sheriff or other public officials in the discharge of their official duties. 9. Sales made by assignees or receivers appointed in this state to make sales for the benefit of creditors. 14. Sales at public markets such as a flea market. 11. Sales of furniture. excluding electronic devices. ORDINANCE NO. 12. Sales of clothing provided no new clothing is sold (other than clothing purchased from commercial wholesalers for resale at retail). 13. Sales of recycled motor oil. 14. Sales by charitable organizations selling donated goods. 15. Sales of bona fide antiques or collectibles. 16. Sales of used books and magazines. IT Resale of merchandise returned to the seller after an initial sale by the seller. 18. Sales of used toys. Section'). Section 23 -613 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 23 -613. PLACES INELIGIBLE FOR LICENSES. A license will not be issued or renewed under this section for any place or for any business: a. If taxes, assessments or other financial claims of the city or the State of Minnesota on the licensee's business premise are delinquent and unpaid; b. If the premise is located within 300 feet of a school, day care center., or church; C. Where operation of a licensed premise would violate zoning ordinances or; d. Where the applicant's present license was issued conditioned upon the applicant making specified improvements to the licensed premise or the property of the licensed premise which improvements have not been completed -or: e. Established as a pawnshop after April 2. 1996. which is within ten (10) driving miles of anv gambling casino. Section 4. Section 23 -618 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 23 -618. RECORDS. A licensed secondhand goods dealer and pawnbroker, ORDINANCE NO. at the time of receipt of an item, must immediately record, in ink or other indelible medium, in the English language, in a book or word processing unit, the following information: p a. An A complete and accurate description of the item including, but not limited to, any trademark, identification number, serial number, owner aao_ lied number. model number, brand name and/or other identifying mark(s) on such item; b. The purchase price; C. Date, time and place of receipt; d. Name, residence address, residence phone number and date of birth and a description including sex. race. and approximate height of the person from whom the item was received; e. The identification number from any of the following forms of identification of the seller; 1. Valid picture driver's license; 2. Official state photo identification, passport or military I.D. f. The books, as well as the goods received, must be open for inspection by the police department during business hours. The records required by this subsection must be stored and maintained by the licensee for a period of at least three (3) years. g. A secondhand goods dealer (excluding consignment house dealers and dealers in co mputer cartridges, po rtable video games. and compact discs or similar sound or video recordings) or pawnbroker must, at the completion of any transaction, make a photographic record of the seller, the identification used, and the transaction receipt using a split image photographic device. A video record of the seller, the identification used, and the transaction receipt may be used in place of a photographic record, provided the video recording device produces a clear image of at least five (5) seconds in duration. All ID's and receipts must be legible when printed and must bear the date of the transaction. The exposed film or video tape used to record these transactions must be retained for a minimum of one year after the date of the last transaction recorded. It must be turned over to an authorized Peace Officer, ® upon demand, at any time during the retention period. ORDINANCE NO. h. If a pawn transaction. the amount due and maturity date. and monthlv and annual interest rate. including all pawn fees and charges. Section 5. Section 23 -619 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 23 -619. DAILY REPORTS AND EXEMPTIONS. Eer follo its regffdless _. resale i , g biti'ii�i,Y iYili3l��. out 3i1 i $ri?23 apprvvcd by-ih pvlicc 'e , and send daily by i - na;1 1 or eottiii to the paliee d ep a rtment, - $ legib er t f the b33d3 fCCC, dttring, th e preee d ay, t oge th er w ith th e n2i; rcccliv„°4 �vva�s wcrc rceei'ved. a. Itcm3 V ith F, Kf iftl ttuittber or other perwxial i etttifieatiatt trdmber or symbol .:.,. F.e.... _..t : h S iw=43 , er 3 3ym c hr,3 b"In, or n`ifay have b. � n, il:nli/1'�1i, t – zcr`r�ic"zi ob literated, b. — Gamerras; nl , trot i ait C. �., 13 vi v1&3 cqUit; S , :,ciau3 mcj.�a , Z. ALL si g n ed ...h:..4 ..ftrit...4..d wo rks ..Fart f r..«s and firearms It: of hide t illy Cib3yE, �.1 tihc n fau & ?:im - i .:,3, w Yth:. 3ccuzadltmid good dealer or p&vv�nbraker intends to sell for t 4tetn $200. A computeri record of all transactions (except transactions of consign house dealers and dea in computer cartridges portable video games. and compact discs or similar sound or video recordings) must be submitted to the police department on a dailv basis. The computerized records must be compatible with the computer system used by t B rooklvn Center Police Dep artment. All items received must be reported on the computer sys The report s hall include all information required under Section 23 -618. Section 6. Section 23 -620 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 23 -620. STOLEN GOODS AND IDENTIFICATION MARKINGS. A ORDINANCE NO. licensed pawnbroker or secondhand goods dealer must report to the police any article pledged or received, or sought to be pledged or received, if the licensee has reason to believe that the article was stolen or lost. A licensed pa wnbroker or secondhand goo ds dealer may not receive items from which a serial number. or other pe rsonal identification num ber or symbol has been. or may have been. removed. altered. or obliterated. Section 7. Section 23 -621 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 23 -621. HOLDING. An item received by a seeendh&td Foods &ealei er pawnbroker as a pawn or loan transaction may not be sold or otherwise transferred for a period of 4-?- 90 days after the date of stteh report to the poliee receipt However, an individual may redeem an item pawned 72 hours after the item was received on deposit, excluding Sundays and legal holidays. An item received by a secondhand goods dealer for which a daily renort to the police de partment is required by Section 23 -619 may not be sold for a period of 30 days after recei Firearms acquired by a secondhand g oods dealer may not be sold for a period of 90 days after receipt. Section 8. Section 23 -622 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 23 -622. RECEIPT. A licensed secondhand goods dealer or pawnbroker must provide a receipt to the seller or consignor of any item which includes: a. The full name. residence address. residence telephone number. and date of birth of the Dledger or seller. ab. The address and telephone number of the business; loc. The date and time of Dawn or purchase transaction; ed. A complete and accurate description of the items purchased including model and serial number if indicated on the property; de. The purchaser's or consignee's signature. f. The identification number. state_ of issue and tv_ ne of identification provided by the pledgor or seller. A description of the pledger including approximate height. sex and race. h. The amount raid or advanced. ORDINANCE NO. i. In the case of pawn transactions. the maturitv date and amount due and the monthly annual interest rates. including all pawn fees and charges. j : In addition. in the case of pawn transactions. the following_ statements shall be printed on the receipt: 1. "Anv personal nronerty pledged to a pawnbroker within this state is subject to sale or disposal when there has been no pavment made on the account for a period of not less than 90 days past the date of the pawn transaction. renewal. or extension: no further notice is necessary. There is no obligation for the pledgor to redeem pledged goods." 2. "The pledgor of this item attests that it is not stolen. it has no liens or encumbrances against it. and the pledgor has the right to sell or pawn the item." 3. "This item is redeemable only by the pledgor to whom the receipt was issued. or anv person identified in a written and notarized o authorization to redeem the property identified in the receipt. or a person identified in writing_ by the pledgor at the time of the initial transaction and sinned by the pledgor. Written authorization for release of property to persons other than the original pledgor must be maintained along with the original transaction record." Section 9. Chapter 23 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 23 -623. POLICE ORDERS. If a city police officer or other law enforcement officer notifies a dealer not to sell an item, the item may not be sold or removed from the licensed premise until authorized to be released by the police, or court order. Said notification, if verbal, should be followed by a written order within 72-hotrrs 14 days setting forth the item to be held and the reasons therefore. Section 10. Chapter 23 of the City Ordinances of the City of Brooklyn Center is hereby amended by adding new Section 23- 624.01 as follows: Section 23- 624.01. MOTOR VEHICLE TITLE PAWN TRANSACTIONS. Subdivision 1. In addition to the other requirements of this section. a pawnbroker who holds a title to a motor vehicle as part of a pawn transaction shall: ORDINANCE NO. a. be licensed as a motor vehicle dealer under Minnesota Statutes section 168.27. and host such license on the pawnshop premises: b. verifv that there are no liens or encumbrances against the motor vehicle with the denartment of public safetv: C. verifv that the pledgor has automobile insurance on the motor vehicle as reauired by law. Section 11. Section 23 -626 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 23 -626. PROHIBITED ACTS AND SIGNAGE. Subdivision 1. Minors: A minor may not sell or consign, or attempt to sell or consign, goods with a secondhand goods dealer or pawnbroker. A secondhand goods dealer or pawnbroker may not receive goods from a minor. Subdivision 2. Others: A secondhand goods dealer or pawnbroker may not receive any goods from a person of unsound mind or an intoxicated person. Subdivision 3. Identification: A secondhand goods dealer or pawnbroker may not receive goods, unless the seller presents identification in the form of a valid picture driver's license or official state photo identification, United States passport or military I.D. Subdivision 4. Ownership: No person may pawn. sell. or deposit any article of property that is not their own. Subdivision 5. State Statutes: In the case of pawn transactions. violation of Minnesota Statutes. Chanter 325J is a violation of this section. Subdivision 6. Signage A sign miist he conspicuously posted on each licensed premises that is no less than four feet square i n surface area. comarised of lettering_ not less than 3/4" high stating the following: To pawn or sell property: A. You must be at least 18 vears of age. B. You must be the true owner of the nronertv. ® C. The property must be free of all claims and liens. ORDINANCE NO. is D. You must present valid photo identification. E. Violation of any of these requirements is a crime. Section 12. Section 23 -628 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 23 -628. REDEMPTION. A person who pawns an item shall have at least �?9 90 days to redeem the item before it may be sold. Redemption and effect of nonredemn_ tion shall otherwise be Governed by Minnes Statutes Chapter 325J. Section 13. Section 23 -629 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 23 -629. PAYMENTS BY CHECK. When a seeon h a "'ooas dealer of C" pawnbroker makes payment for an item pledged or received at the license place of business, payment must be made by check, made payable to the named payee, who is actually the intended seller. When a secondh goods dealer makes payment in an amount Gre ater than one hundred dollars ($100) for an item o r items received from a single seller at th licensed place of business nav_ ment must be made by c heck, payable to the named pay ee, who is actually the intended seller. Section 14. Section 23 -630 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 23 -630. INSPECTIONS. Any peace officer or a properly designated employee of the city or the state of Minnesota may enter—,tnspeet and search business premises licensed under this section, or offsite storage facilities of the licensee. during normal business hours, y without a warrant for the purpose o inspecting s uch premises a th e records and articles therein. Section 15. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of .1998. Mayor ATTEST: City Clerk ORDINANCE NO. • Date of Publication Effective Date (Strikeout indicates matter to be deleted, underline indicates new matter.) City Council Agenda Item No. 8a A MEMO To: Michael J. McCauley, City Manager ' From: Ronald A. Warren, Planning and Zoning Specialist Subject: City Council Consideration Item - Plannin Commission Application No. 98011 Date: June 17, 1998 On the June 22, 1998, City Council Agenda is Planning Commission Application No. 98011 submitted by the EDA of the City of Brooklyn Center requesting rezoning from R -4 (Multiple Family Residence) to R -2 (One and Two Family Residence) of two parcels of land formerly addressed as 610 and 620 53rd Avenue North. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 98011 and also an area map showing the location of the property under consideration, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents. This matter was considered by the Planning Commission at their June 11, 1998, meeting and was recommended for approval with Planning Commission Resolution No. 98 -02. It is recommended that the City Council, following consideration of this matter, approve the application as recommended by the Planning Commission. Attached for the Council's consideration is a resolution approving this application. i • Application Filed on 5 -14 -98 City Council Action Should Be Taken By 7 -13 -98 (60 Days) Planning Commission Information Sheet Application No. 98011 Applicant: Economic Development Authority Location: 610 and 620 53rd Avenue North Request: Rezoning The Economic Development Authority (EDA) of the City of Brooklyn Center is requesting rezoning om R -4 � 1 Residence) t -� e and w Family Residence of two g (Multiple Family n e) o R � (On Two F y ) parcels of land addressed as 610 and 620 53rd Avenue North. The properties in question are located northeasterly of the intersection of 53rd and Camden Avenues North and are bounded on the south by 53rd Avenue; on the west by Camden Avenue; and on the north and east by other R- 2 zoned property that has recently been acquired by the EDA and cleared for the purpose of creating a parkway -like greenstrip amenity along 53rd Avenue and new housing in this area. The lots under consideration were also acquired and cleared and are part of the redevelopment proposal included in the replat of the property to be known as the Bellvue Lane Addition. These lots are currently described as the West 99.32 feet of Lot 11, Block 2, Bellvue Acres Addition (620 53rd Avenue North) and the East 100 feet of the West 199.32 feet of Lot 11, Block 2, Bellvue Acres Addition (610 53rd Avenue North). The area proposed to be rezoned includes a 50 ft. by 199.32 ft. portion of the proposed Outlot B (the 50 ft. greenway) and the southerly 76 feet of the proposed Lots 1 and 2, Block 2, Bellvue Lane Addition. Also, a 76 ft. by 29.32 ft. portion of the southwesterly corner of the proposed Lot 3, Block 2, Bellvue Lane Addition will also be part of the area proposed to be rezoned. BACKGROUND The two lots requested for rezoning had each contained a four -plex built in 1959 and were zoned R -B (Residence- Business) at the time of construction. They became non - conforming uses in 1968 when the city undertook a comprehensive rezoning in accordance with the recommendations of the 1966 Comprehensive Plan and this area was then zoned R -2 (One and Two Family Residence). As a non - conforming use, the four - plexes were not allowed to expand or be altered, and if destroyed by more than 50 percent, could not be rebuilt. These four- lexes as well as a number of other small apartment complexes in the southeast P � P P neighborhood of the city, continued to be non - conforming uses until 1989 when the owners of the properties at 610 and 620 53rd Avenue North jointly requested rezoning to R -4 for the purpose of eliminating their non - conforming use status so that they could add garage space on their property. Neither the Comprehensive Plan of 1966 or the Comprehensive Plan of 1982 is 6 -11 -98 Page 1 appeared to recommend phasing out these small apartment complexes in the southeast neighborhood of the city. In fact, the Comprehensive Plan seemed to encourage their continuance. The city, therefore, rezoned these two properties as well as nine other similar properties to R -4 based on the Comprehensive Plan and other findings made by the city at that time as to the appropriateness of the rezoning. Now, the city's plan is to redevelop this area to provide new housing and a parkway -like greenstrip along 53rd Avenue and to eliminate some deteriorating housing in this area which had the potential of a blighting influence on the neighborhood, hopefully providing a positive impact to the southeast neighborhood of the city. A series of neighborhood meetings were held leading up to the decision on the part of the EDA/City Council to undertake the redevelop proposal. Twenty -eight homes were acquired and cleared over the past year, including the two four - plexes at 610 and 620 53rd Avenue. The project is moving forward and a preliminary plat has been recommended by the Planning Commission and has been forwarded to the City Council for consideration. To be in compliance with the zoning ordinance, the land in question must be rezoned to be consistent with the development proposal and compatible with surrounding land uses. Thus, the R -2 rezoning proposal by the EDA has been undertaken. REZONING EVALUATION GUIDELINES All rezoning proposals are to be measured against the city's Rezoning Evaluation Policy and Review Guidelines contained in Section 35 -208 of the city's zoning ordinance (copy attached). It is the policy of the city that zoning classifications be consistent with the city's Comprehensive Plan and that rezoning proposals not constitute `'spot zoning" which is defined as a zoning decision which discriminates in favor of a particular land owner and does not relate to the Comprehensive Plan or to accepted planning principles. Each rezoning proposal is to be considered on its merits and measured against the various guidelines contained in Section 35- 208. A review of the guidelines is as follows: a. Is there a clear and public need or benefit? The Economic Development Authority/City Council has determined that there is a public need or benefit in the proposal to redevelop the area around the property under consideration in this rezoning proposal. As indicated previously, 28 single family homes have been acquired and the proposal is to create a 50 ft. wide parkway -like greenstrip along 53rd Avenue and to redevelop the balance of the property with single family homes. Fifteen new single family residential lots are proposed with the Bellvue Lane Addition. In order for Lots 1, 2 and 3, Block 2, of the proposed Bellvue Lane Addition to be built on, it is required that the portion of the properties be rezoned to a consistent and compatible land use designation, in this case R -2, for the proposal to proceed. Numerous neighborhood meetings have been held with respect to the proposal and the proposal is considered to be a public need or benefit. 6 -11 -98 Page 2 b. Is the proposed zoning consistent with and compatible with surrounding land use classifications? The surrounding land use classification is all R -2 (One and -Two Family Residence) as is the southerly portion of the southeast neighborhood of the city. Certainly down zoning the property from its current R -4, which allows multiple residential use of the property, to an R -2 would be consistent with the surrounding land use classifications. The property between 1968 and 1989 had been zoned R -2 as well. c. Can all permitted uses in the proposed zoning district be contemplated for development of the subject property? All permitted uses in the proposed zoning district can be contemplated for development or redevelopment of the subject area. The city has acquired the properties in the immediate area and have cleared them of their buildings and proposes a redevelopment of this area, each lot of which can meet and, in fact, exceed the minimum requirements for development as proposed. d. Have there been substantial physical or zoning classification changes in the area since the subject property was zoned? There have been physical changes in the area since 1989 including the acquisition of the 28 lots and the clearing of these lots for the proposed redevelopment. The rezoning would be consistent with the redevelopment proposal. e. In the case of city initiated rezoning proposals, is there a broad public purpose evident? The Economic Development Authority /City Council has determined that the broad public purpose to be served with this redevelopment proposal is to provide a positive impact in the southeast area of the city by providing new housing and a parkway -like greenstrip along 53rd Avenue in addition to eliminating some deteriorating housing in ` the area which has the potential of a blighting effect on the rest of the neighborhood. Hopefully this project will provide a positive impact in the southeast neighborhood as well as in the entire city. f. Will the subject property bear fully the ordinance development restrictions for the proposed zoning district? The Bellvue Lane Addition preliminary plat, which has been presented previously to the Planning Commission, shows that there is no major difficulty with respect to i 6 -11 -98 Page 3 o meeting ordinance development restrictions for the proposed single family use of the property in question. g. Is the subject property generally unsuited for uses permitted in the present _ -- zoning district, with respect to size, configuration, topography or location? It cannot be said that the property is unsuited for multi - residential development, however, the plan going forward does not comprehend any multi - residential development or redevelopment in this area. For the project to proceed, the R -2 rezoning must be accomplished. h. Will the rezoning result in the expansion of the zoning district warranted by: 1. Comprehensive Planning; 2. The lack of developable land in the proposed zoning district; or 3. The best interests of the community? The proposed R -2 rezoning is not inconsistent with the Comprehensive Plan recommendations for the southeast neighborhood of the city. There is a general lack of developable land throughout the city and redevelopment proposals are the only means available to the city to accomplish development/redevelopment goals. As indicated previously, the proposed redevelopment of the parkway -like greenway and 15 single family residential lots is considered to be in the best interests of the community. I. Does the proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel? Again, we believe the positive effects of the redevelopment proposal are in the best interests of the city. PROCEDURE The Planning Commission normally refers rezoning requests to respective neighborhood advisory groups for review and comment. There has been much neighborhood review and comment over the past year and a half with respect to this proposal. We do not believe it is necessary to conduct another neighborhood advisory group meeting and, therefore, have prepared a draft resolution for the Planning Commission's consideration recommending approval of this application. A public hearing has been scheduled and notice of the Planning Commission's consideration has been sent to neighboring property owners and has been published in the Brooklyn Center Sun/Post. 6 -11 -98 Page 4 Member Dianne R e e m introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 98-02 RESOLUTION REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 98011 SUBMITTED BY THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER. WHEREAS, Planning Commission Application No. 98011 submitted by the Economic Development Authority of the City of Brooklyn Center proposes rezoning from R-4 (Multiple Family Residence) to R -2 (One and Two Family Residence) of two parcels of land currently addressed as 610 and 620 53rd Avenue North ; and WHEREAS, the Planning Commission held a duly called public hearing on June 11, 1998, when a staff report was received and public testimony regarding the rezoning was sought; and WHEREAS, the Planning Commission considered the proposed rezoning in light of the report received, testimony given, the guidelines for evaluating rezoning contained in Section 35 -208 of the city's zoning ordinance and in light of the city's comprehensive plan. NOW, THEREFORE, BE IT RESOLVED by the Brooklyn Center Planning Advisory Commission to recommend to the City Council that Application No. 98011 submitted by the Economic Development Authority of the City of Brooklyn Center be approved in light of the following considerations: 1. The rezoning will allow for the appropriate redevelopment of the entire area between 4th Street North and Bryant Avenue North, northerly of 53rd Avenue in a manner which is considered to be in the best interests of the community by providing new housing in the area and a parkway like greenstrip along 53rd Avenue that will eliminate some deteriorating housing in this area which had the potential of a blighting influence on the neighborhood. 2. The rezoning will allow for the development and redevelopment of land uses which are considered to be compatible with surrounding land uses in this area. 3. The rezoning of the land will allow for the redevelopment of the property in this area in a manner which will be consistent with city zoning regulations and will provide a positive influence on the southeast neighborhood as well as the city as a whole. 4. The rezoning proposal is consistent with the city's recommendations in the I P comprehensive plan. June 11, 1998 Date Chair AT - ST: Clerk The motion for the adotion of the foregoing resolution was duly seconded by member Edward Nelson' and upon vote being taken thereon, the following voted in favor thereof: Chair Willson, Commissioners Erdmann, Nelson, and Reem. and the following voted against the same: whereupon said resolution was declared duly passed and adopted. e e LAV ITTJ CME _9101 DR. NTH i ff I -- ffl. S AYE, dfl X� ji _~ .& liffflujiffifl [=-. -1 Ulu I E r,�Txsotj E. N [6� Sul __ o —'-----^—HA ' ' IF, DUP Qt! A iUiiUl1Ul1lU] L_LL�1_[]] | | | LJ | �� � [l.' 6� � y |� � F ILA! CAUDEN AVE. 14. ----------- ljo&�LLHAVE. N. 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NaM lint al .oio 1.1 9 en/ •1. ra.l rly .•lr•ron. o • CA EM e•.l.nc• .1 .7. 19 1..1 1. two ctnlw punt. 4 .0 A. 00 Si V./ C ./ K . f•RC. cm ono W.. What pwl of ­44,d 411, SHttl HwM (Iwm«,y an."n as 51. $lrttl Nw M, Its 41040140 I..oi0 Wet .1 Q HKNAHI 0(L% _E ACKS) lynq S.th -, of 5000 Not S el In. Hal. nna .1 a Jy la 9. W.•.N J. n wA W.1. mp il. E..1 «ly glanupn i.ma.i l w . w .•/ACT tw.[ ru0 wl . :A poap a. o_n a 1 c Ay p, rt, _ loss :.a,°..�w .:::'.i a w. ° .�.:tl LOi ° 3t. IJri / r.u, ....'[111A »la PEEL , Law PLAT OF 2 1 • �..; c W» .•t cxnr OF eROacLYN cem: i 1 yl•.•.. 1phr -_ tAI nw•pLA 1_.�7E. Ja' a.r•.w. • ' .IA 1 I ° I I P � kjNcld RD AVENUE L ACE PRO R ECT BEi11tE LANE noornoN I .rI•.oµ0 r R. Green CuTpany 53 3 �__CW p•I[ -J 1 cw L1. r ^t -;VE 1!1 ems__ -,�. a ,� rt.. COnStJLTV.G ENGr.EERS - lll Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 98011 SUBMITTED BY THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER. WHEREAS, Planning Commission Application No. 98011 submitted by the Economic Development Authority of the City of Brooklyn Center proposes rezoning from R -4 (Multiple Family Residence) to R -2 (One and Two Family Residence) of two parcels of land currently addressed as 610 and 620 53rd Avenue North ; and WHEREAS, the Planning Commission held a duly called public hearing on June 11, 1998, when a staff report was received and public testimony regarding the rezoning was sought; and WHEREAS, the Planning Commission recommended approval of Planning Commission Application No. 98011 by adopting Planning Commission Resolution No. 98 -02 on June 11, 1998; and r WHEREAS the City ouncil has considered this rezoning in light of the y � report � P received, testimony given, the guidelines for evaluating rezoning contained in Section 35 -208 of the city's Zoning Ordinance and in light of the city's Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Application No. 98011 submitted by the Economic Development Authority of the City of Brooklyn Center be approved in light of the following considerations: 1. The rezoning ill allow for the appropriate redevelopment of the entire area g P between 4th Street North and Bryant Avenue North, northerly of 53rd Avenue in a manner which is considered to be in the best interests of the community by providing new housing in the area and a parkway like greenstrip along 53rd Avenue that will eliminate some deteriorating housing in this area which had the potential of a blighting influence on the neighborhood. 2. The rezoning will allow for the development and redevelopment of land uses which are considered to be compatible with surrounding land uses in this area. 3. The rezoning of the land will allow for the redevelopment of the property in this area in a manner which will be consistent with city zoning regulations and will • provide a positive influence on the southeast neighborhood as well as the city as a whole. Resolution No. 4. The rezoning proposal is consistent with the city's recommendations in the comprehensive plan. Date Myrna Kragness, Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 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 amendment to Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land, - Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (BELLVUE LANE ADDITION) THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 35 -110. TWO FAMILY RESIDENCE DISTRICT (R2). The following properties are hereby established as being within the (R2) Two Family Residence District zoning classification: Lots 1 through 8_ Block c 1 and Lots 1 through 7. Block 2 and Outlots A and B_ Bellvue Lane Addition Section 35 -1130. T L MUL LP E FAMILY RESIDENCE DISTRICT (R4). The following properties are hereby established as being within the (R4) Multiple Family Residence District zoning classification: nn ')/1 r__� _r7 _i 1.7 111__1_ ll 71_11____ Ac A Addition Th. ": st 99�G , es The east f 00 feet of the west f L.h 11, Dl, ,,k B-cl1 V U., A i,,a Addition. Section 2. This ordinance shall be effective after adoption and thirty (30) days following its legal publication. Adopted this day of ' 1998. Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted, underline indicates new matter.) City Council Agenda Item No. 8b MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning Specialist L,t C� Subject: City Council Consideration Item - Planning Commission Application No. 98012 Date: June 17, 1998 On the June 22, 1998, City Council Agenda is Planning Commission Application No. 98012 submitted by Evangelical Lutheran Church of the Master requesting a Planned Unit Development amendment for Phase II and Phase III of the Lutheran Church of the Master PUD. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 98012 and also an area map showing the location of the property under consideration, various site and building plans for the proposed development, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents. This matter was considered by the Planning Commission at their June 11, 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 5 -21 -98 City Council Action Should Be Taken By 7 -13 -98 (60 Days) Planning Commission Information Sheet Application No. 98012 Applicant: Evangelical Lutheran Church of the Master Location: Northwest Quadrant of Dupont and 69th Avenue North Request: Planned Unit Development Amendment The applicant is seeking a planned unit development amendment for Phase II and Phase III approval of the Lutheran Church of the Master PUD. The Brooklyn Center City Council on November 14, 1994, adopted City Council Resolution No. 94 -244, which approved Planning Commission Application No. 94009 submitted by the Evangelical Lutheran Church of the Master. That application was a planned unit development rezoning from R -1 (Single Family Residential) and R -4 (Multiple Family Residence) to PUD/R -1 of the properties addressed as 1200 69th Avenue North, 1107 Emerson Lane, 1100 69th Avenue North and 6907 Dupont Avenue North. The church at that time had acquired three apartment buildings to the east of their facility and wished to incorporate the use of these buildings into a church use. The overall plan was the combining of these parcels and the eventual utilization of the three apartment buildings by the church for church purposes over a phased, or staged, period of time. The 1994 approval was for the first phase comprehending the use of the apartment building addressed as 1107 Emerson Lane North as a learning facility for children and youth of the church for Sunday school and confirmation classes. The properties under consideration are zoned PUDJR -1 and are located at the northwest quadrant of Dupont and 69th Avenues North. They are bounded on the north and east by 70th Avenue, Emerson Avenue, Emerson Lane and Dupont Avenue with single family homes and one of the city's water towers on the opposite sides of these streets; on the south by 69th Avenue with single family homes and the city's public utility building on the opposite side of 69th Avenue; and on the west by the Northbrook Terrace apartment complex. I Attached for the Commission's review is a copy of City Council Resolution No. 94 -244 and the development agreement between the church and the City of Brooklyn Center relating to the church's planned unit development. The church, in 1994, was not in a position to do all of the work and submit all of the necessary plans at that time for their planned unit development. Thus, they proceeded with a phase development proposal. Phase I, which was the use of the building at 1107 Emerson Lane as a learning facility was begun in 1994 and a physical connection was made between the church and this building. • 6 -11 -98 Page 1 The church was required to submit the necessary site plan including landscaping, grading, drainage, utility and floor plans along with a preliminary plat and watershed plan in a timely manner prior to proceeding with the Phase II and Phase III utilization of the property. They are now in a position to proceed with Phase II and Phase III. Phase II will include the use of the building addressed as 6907 Dupont Avenue North as a large group meeting facility for approximately 100 people. It would involve such uses an adult and children chorus, drama groups, youth gatherings, senior citizen day teaching and fellowship. It would also involve the use of the building for some small group meetings and their space needs, as well as a small prayer chapel. Originally Phase III, which involves the use of the building addressed as 1100 69th Avenue North, was planned to be the church's global mission center and their proposal involved retaining two complete apartment units strictly for use of missionary families who are on home leave for short periods of time. The building was also proposed to house an evangelical mission home office staff and provide more office space for teaching and counseling of persons interested in doing mission work. The church has slightly changed their plan with respect to this use. It will serve as a home for missionaries that are on leave and they do not plan physical changes to the building. It will not be converted to offices nor house office staff nor will it be used for teaching and counseling of persons as previously proposed. SITE AND BUILDING PLAN REVIEW The church is now proposing a physical link between the Phase I and Phase II buildings. They have submitted the required plans for the city's review. They plan to eliminate a portion of the parking lot between the first two phases where the building connection will take place and they propose to provide some additional landscaping on the site as well. Parking on the site exceeds the requirements of the city ordinance for church parking (one space for every three seats in the church proper). We believe the parking w111 be more than adequate given the other church uses proposed. The City Engineer has contacted the Watershed Commission regarding their review of the proposal. He has been advised that the Watershed Commission will not require any further review of the church plan. Basically, they are not adding additional run off to the site. In fact, overall, it appears that there will be less impervious surface given the plan that is proposed. With respect to grading, drainage and utilities, no changes to the site other than the modification of the parking lot between Phase I and II is proposed. The applicants have submitted a preliminary plat (see Application No. 98 013) which will combine these three lots into a single lot containing the church as well. • 6 -11 -98 Page 2 LANDSCAPING. The applicant has submitted a landscape plan in response to the landscape point system used to evaluate such plans. We typically use the office landscape standard for church buildings and public buildings and have used that standard for review of the church's landscape plan. The total size of the site is 5.9 acres and a total of 512 landscape points are required for such a site. There are a total of 529 landscape points already existing on the site in the form of shade trees, coniferous trees, decorative trees and shrubs. The church's proposal is to add an additional 107.5 points basically around the three new buildings incorporated into their site. They propose ten Hackberry trees, five of which are located around the perimeter of the buildings with four trees adjacent to the proposed connection between the Phase I and Phase II buildings and an additional Hackberry tree on the westerly side of the Phase III building. Three Crabapple trees are proposed to the south of a walkway area southerly of the proposed connecting link and four Spirea and two Lilacs are also planted in this same area. The total landscape points on the entire site will amount to 636.5 points, which is well in excess of the 512 landscape points required. BUILDING The applicant has submitted building elevations and floor plans showing the remodeling to take place in the Phase II building. The connecting link between Phase I and Phase II will provide a ramp that will allow for handicap access to the Phase II building. This building will also have an elevator so that the building will be totally handicap accessible. The exterior of the connecting link will be of a material to match the existing exterior of the Phase I and Phase II buildings. The site plan shows the location of a dumpster area to be screened with an eight foot high wood opaque fence. It should be noted that the gates housing this enclosed area are also to be of an opaque material. PROCEDURE As previously mentioned, this proposal is an amendment to the planned unit development proposal for the church. As such, it is required to follow the procedures contained in Section 35- 355 regarding planned unit developments. This requires a public hearing, which has been scheduled. Notices have been sent and notice has been published in the Brooklyn Center Sun/Post. Normally with rezonings or a planned unit development, these matters are referred to neighborhood advisory groups for review and comment. This matter was originally before the northeast neighborhood advisory group, which supported the church's proposal. It may not be necessary to refer this matter to the neighborhood advisory group as the changes and modifications to the plan are relatively insignificant. 6 -11 -93 Page 3 RECU'vVN tE` DATION The plans appear to be in order and approval is recommended subject to the following considerations and conditions. 1. Approval of this planned unit development amendment acknowledges City Council Resolution No. 94 -224 in terms of the findings made at that time and notes that the Phase II and Phase III plans are consistent -,vith those findings. 2. The building plans for building additions and modifications are subject to the approval of the Building Official with respect to applicable codes prior to the issuance of permits. I A site performance agreement and supporting financial guarantee shall be submitted to assure the completion of approved site improvements. 4. The church shall enter into a modified development agreement with the City, to be reviewed and approved by the City Attorney, prior to the issuance of building permits for the Phase II and Phase III utilization of the buildings. Said agreement shall be modified to reflect the final phasing plan as submitted by the church. 6 -11 -98 Page 4 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION NO. 94 -244 RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 94009 SUBMITTED BY THE EVANGFLIC'AI, LUTHERAN CHURCH OF THE MASTER WHEREAS, Planning Commission Application No. 94009 submitted by the Evangelical Lutheran Church of the Master proposes rezoning from R1 (Single Family Residence) and R4 (Multiple Family Residence) to PUD/R1 of the properties addressed as 1200 69th Avenue North, 1107 Emerson Lane, 1100 69th Avenue North and 6907 Dupont Avenue North all located at the northwest quadrant of Dupont and 69th Avenues North; and WHEREAS,* this proposal comprehends the combining of these parcels and the eventual utilization of three apartment buildings by the Lutheran Church of the Master for church purposes over a phased, or staged, period of time; and WHEREAS, the Planning Commission held a duly called public hearing on September 15, 1994, when a staff report and public testimony regarding the rezoning and plan where received; and WHEREAS, the Northeast Neighborhood Advisory Group met to consider this matter on October 13, 1994, at the City Hall and unanimously recommended approval of this Planned Unit Development proposal; and WHEREAS, the Planning Commission resumed consideration of this matter on October 27, 1994, received a staff report and took further testimony during a continued public hearing; and WHEREAS, the Planning Commission recommended approval of Application No. 94009 by adopting Planning Commission Resolution No. 94 -1 on October 27, 1994; and WHEREAS, the City Council considered Application No. 94009 at it November 14, 1994 meeting; and WHEREAS, the City Council has considered this rezoning and plan request in light of all testimony-ieceived, the guidelines for evaluation rezonings contained in Section 35- 208 of the City's Zoning Ordinance and in light of the provisions of the Planned Unit Development Ordinance contained in Section 35 -355, and in light of the City's Comprehensive Plan. City Council Resolution No. 94 -244 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Application No. 94009 submitted by the Evangelical Lutheran Church of the Master be approved in light of the following considerations: 1. The rezoning and plan are compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. 2. The rezoning and development plan will allow for the utilization of buildings by the church in a manner which can be considered compatible with surrounding land uses. 3. The utilization of the property in question, with the submission of future plans, will conform with city ordinance standards. The phased, or staged, incorporation of the buildings for church purposes is considered a reasonable use of property. 4. The rezoning and plan are considered compatible with recommendations in the City's Comprehensive Plan for the northeast neighborhood area. • 5. The eventual incorporation of the buildings and their utilization by the church appears to be a good long range use of the existing buildings and can be considered to be in the best interests of the community. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that approval of Application No. 94009 be subject to the following conditions and considerations: 1. The immediate use of the building at 1107 Emerson Lane North for Sunday School and Confirmation classes may proceed subject to the approval of the building official regarding the occupancy and use of the building. 2. The continued use of the buildings addressed as 1100 69th Avenue North and 6907 Dupont Avenue North as rental dwellings is allowed until the second phase of the project begins, subject to the licensing. provisions in the City's Building Maintenance and Occupancy Ordinance. 3. A multiple family residential use of the three apartment buildings may be re- established if, for some reason, the church's proposal does not go forward and the phased utilization of these buildings is not undertaken. ® City Council Resolution No. 94 -244 4. The Lutheran Church of the Master shall submit the necessary site plan including landscaping, grading, drainage, utility and floor plans along with a preliminary plat and watershed plan in a timely manner prior to proceeding with the phase H and phase III utilization of the property. 5. The church shall enter into a development agreement with the City, to be reviewed and approved by the City Attorney prior to phase I utilization of the buildings. Said agreement shall outline the phasing of this plan including when platting, watershed review, and the physical plans shall be accomplished. November 14, 1994 Date Mayor ATTEST:� Deputy City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Celia Scott and upon vote being taken thereon, the following voted in favor thereof: Todd Paulson, Celia Scott, Dave Rosene, and Kristen Mann; and the following voted against the same: none, whereupon said resolution was declared duly passed and.adopted. • DE`v '=�LOP'� NT AG. \ N v t ' - � / t v + . fE� "F is made u�ua day of (r 199Y by and r;ctwee THIS AGREES tz the City of Brooklyn Center, a Minnesota municipal corporation (hereinafter referred to as the "City', the Evangelical Lutheran Church of the ylaster, a tilinnesota nonprofit corporation (hereinafter referred to as the "Developer "), and Norman Chazin (hereinafter referred to as "Chazin "); WIT' ESSETH: I. RECITALS. IA. Developer is the owner of real property in the city of Brooklyn Center in an R -1, single family residential zone of the city developed as a church under a special use permit from the citf. . Such roe is legally described as Lot 1 Block l Evangelical Lutheran Church f f property o F � Y the tilaster, 2nd Addition, Hennepin County, and is hereinafter refer:tid to as the "Church Property". 1.2. Chazin is the owner of three aparm:ent buildings in the city of Brooklyn Center located at 1107 Emerson Lane, 1100 69th Avenue North, and 6907 Dupeat Avenue North, and legally described as Lots 1, 2 and 3, Block 1, Brookdale tilanor 2nd Addition, Hennepin County, which proper^y is hereinafter referred to coLectively as the "Chazin Property". 1.3. The Developer has entered into a contract for deed with Chazin for the purchase ` of the Chazin Property and has applied to the city for rezoni.-ig of the Church. Property and the Chazin Property to PUD /R -1, and approval of a development plan therefor. 1.4. The Developer's applicadcn requests that the Church Property and the Ch z i - i Property be rezoned, to PUD/R. -1 for development of a residential PUD for church rises in three phases. Upon completion of development of al! three phases, the Church Property and the Chazin P:cperry would be developed as a u,-L-1cd planned residential development for church uses. 1.6. Phase I of the Developer's proposed developrent involves the use of the apartment building located at 1107 Emerson Lantz referred to as the "Phase I Property ") as a learning facility for children and youth of the church for Sunday school and con -I=. tion classes. The building would generally be used between 8:30 a.m. and 11:04 a m. on Sundays for teaching approximately 175 to 200 second through twelfth graders. The building would alsci be used for confirmation classes evening5for children in grades seven through nine. 1.6. Phase II of the proposed development would involve the use of the building located at 6907 Dupont (hereinafter referred to as the "Phase II Property") as a remodeled large group meeting facility for approximately 100 people The proposed uses would involve such uses as adult and children chorus, drama gouips, youth gatherings, senior citizen day teaching and fellowship. Phase II would also involve tha remodeling of the building for small group meed.ngs and their space needs as well as a small prayer chapel. It is anticipated that Phase II dev,tloprnent would begin sometime in 1996. 1.7. The proposed Phase III development involves the property located at 1100 69th Avenue North (hereinafter referred to as the "Phase III Property "). The third phase is anticipated to occur during 1997 and 1998. The Phase III Prcperty would be developed as the Developer's global missions center and would involve re-_ fining two complete apartment. units strictly for the use of missionary families who are on home leave for shoe periods or tune. The building would also house short term evangelical mission home oft staff and would provide moxe office space for teaching and counseling of persons interested in doing mission wo_zk. 1.8. The Developer has requested to be permitted to develop the Church Property and the Chain Property in phases notwithstanding that derailed and final development plans including site plan, la-- idscaping plan, drainage and utili7; plans, floor plans, and other final details of the r tc } a ; watershed - district for such deve_aprr:,,nt nave ,.e, yep �e �n ,,or.�,,le�Ld, ant. approv,.1 0� = the CIL' r ,. te r as .. deve has not ye �e ,.n secw.,,d. Specifically, t he Developer h as r eq u ested that it be • permitted to develop and use the Phase I Property as described above prior to final plan development. 1.9. The city council has approved rezoning and development of the Chazin Property and the Church Property in phases conditioned, among other things, on execution by Chazin and. Developer of a development agreement to assure that final development will be in accordance with approved detailed plans as hereinafter provided. H. COVENANTS A_N D AGREEMENTS. 2.1. The Developer is pe „itted to develop and use Phase I Property as described above subject to conditions specified by the city council on November 14, 1994 and compliance with the terms of this Ag:ceement- • 2.2. Phase II and Phase UI Properties may continue to be used for multiple family residential uses, but may not be used for church uses until the Developer has satisfied all requix of paragaph 2.3 of this :agreement and has been issued a certificate of occupancy by the City for such uses. The Phase I Property may not be used for residential purposes unless zoning thereof reverts to R -4 zoning in accordance with paragraph 2.7 of this Agreement. 2.3. No ouildinb permits or c-,rdficates of occupancy for church uses of Phase II or Phase M Properties will be issued by the city until all of the following conditions have been met. a. The City has approved for the unified development of the Chazin Property Y v landscaping tan drainage and the u.ch Propert a site la,. floor plan, � . � � plan, P � gP and utility pl and all other requirerr:ents of the development plan set f in city code Section 35 -355, subd. 5, p rcu , ; ary and final. plat_ approval, and issuance of a special use permit for church uses. 3829: 3 b. The City and the Developer nave executed a final development and PUD ajrcernent for the Chan and Church Properties. C. A drainage plan for development of the Church and Chazin Properties have been approved by the Watershed District. d. The 'Develouer has secured fee title to the Chazin and Church Properties. and no chap -es to the exterior dimensions of existing buildings 2.-t. . 'v o ne buildinv g s on the Chazin Property or Church Property are permitted without approval of a PUD amendment i by the city council. 2.5. Arttz the Developer has acquired fee title to the Phase I, Phase II and Phase III Properties, multi - family residential use of the apaztment buildings or. the Phase II and Phase III Properties may continue only until such tirrz a_s such use is discondnued in any one apa-rtment ;l d and thereafter no din wh r n � u. in such bu}lc sh' ..l.. be deemed abandone.. a.. bu� m e eu o such s.. a g P multi - gamily residential use may be �-nade of suer. building without prior approval of a P UT) amendment by the city councH, 2.6. Phase 1, Phase 11 and Phase III Properties may not be separately conveyed by Chazin to the Developer or to any other party. Nothing in this paragraph, however, shall prevent Chazin j-otn conveying to any third pa:vf its vendor's interest in the contract for deed with the Developer. 2.7. In the event the Developer looses its interest under the contract for deed from Charm n, by cancellaron or otherwise, in any or all or the Phase I, Phase 11, or Phase III Propert=ies, the zoning of all such properties shall rev�err automatically, and without �rtt:er action C�L79h85 1 R29? 4 by the city council, to R -4 and no fLu kr church uses of any of these properties shall be • permitted. 2.8. All uses, including church uses and mull- family residential uses, of the Phase T, Phase II and Phase III Properties are conditioned on continuing compliance with all regulatory requirements of the city. 2.9. The Developer shall satisfy ad requirements of Paragraph 2.3 no later than January 1, 1999. In the such requirements are not so satisfied by Janua.Ty 1, 1999, the zoning of Phase a revert automatically, e .. tease I Pl1as.. II and Phase III Properties shall y, and without further the . action by the city council, to R -4, and no further church uses of any such property shall be permitted unless this agreement is earlier amended by resolution of the city council to e.�etend the deadline for such compliance. 2.10. The use of the Phase I Property shall comply with all requi.:emerts of the city code rela ting zo nes i us for church purposes. S ecificall , the Phase I Property �eLatin to R -1 zo�.es as a spec e _ _ P Y shall be used as described above in pa- .graph 1.5 unless a change of use is authorized by the city council in accordance - city code requirements applicable to special uses of churches in R -1 zones. CITY OF BROOKLYN CENTER By H _ Todd Paulson its Mayor By Gerald Spun Its Manager 5 ll 21•'94 13:0_ FAS z00 pG,GE E?b ,,,�4 K 12:41 6225ca74�3 LUTH=I A."' CH RC14 OF THE ;y1A,S'IER By its IN l.iWAAN t:HA1..li`e • sszsi - :: t� 2 9d ?i:3 P•006 TX /TK N0.023 i NEYTON AVE N - _ 2100 (V H �� NV9U011 !� 3AY M ORGAN AVE N 2000 LOGNr AVE N 1900 JAY XNOX AVE N 180 I 0 '3AY S3YVf' I i n _ N '3AV S33'Nf JAIES AVE N -- �. >^ ° o Z 1700 �ilill� •N - dlo S3Mt p Y 014 Ml �— � — IIRVING AVE. N — IRVING AVE N — z -- 1600 101OE"nH N - � NUIIBOLDI AVE N o H 1500 GIRARD 1 I GIRARD AVE N 1400 b GIRARD AVE.. 8 � FREIIONT 8 t? FRE"(T AVE H 1300 FRpptri AYE. N '3AY NOSH N0SY313 AVE r. EIERSCN AYE N �- \p 1200 PERSON AVE., I / O (� ? N 3AY I1JOd00 N N 0 -- ' i I D'� rT AVE N I ` DUPONT AYE. N.� • F ' COLFAX AVE N 1 i - __ I XyJIOO '-- � >< O. c 1000 wlm( AYE N• R >< W O W BRYNrT AVE M 000 D "AVAE" \ ` K 1. LL f �� �'N/ AIDftIC}I AVE N UO _ Y HtO� 800 H H ° ` $ CC > x A �?t ✓ - CAMDEN AVE N H z NY _ y CAMDEN AVE. 700 N. I 74 ___ C,Ai1OEN P. - N ,,y ' 3AY ®S'� �-� Z - I� 5TH AVE N ' __ '� 600 IN 252 rr i�isrr rrr - rr rr�.rrrrrrri r •� l d'�� rrrrrr ` rrr rrr• r „rrrrrrrrr r rrr.o- W RIPER RD -t —= WEST RIVER �� r r DALLAS DAL` h, RD rr..- fi rrr 1� � - l � DALLAS RD 300 • i '- -- - - - -- - - = N ANC NORTH EMERSON L 70TH AVENUE NORTH - -- - — 'c. . .- . -- --. t'y�t --_ ♦ I ( I _' -. ti.. t r9 0'O(i Ofir �,T a-fa' _-- •,.6 =�—= 1 j , 1� - I I 1,. I I E•uST. SJwGd1 oC..OJ�, / ; w � Y 1 7 t LY' I t`•f tr`7!t't - T'4r " , -- I i 1: c- I W. , ENLATY EMENT {{ -•� I I . I fi rr t � ._ `ems• -•. ••• ,. 1'I - "rT .a 1;,. h , ' ' I �� II I 1- -------- --- `---- - -- - -- � � j "�,tlf .�. I ~�- � [ Q�� 1 EMERSON LANE NORTH cT y ST n � .:� • �l�E J�'y •,;I r ter` }_ f .N w_�,� #� -^��'• Ir = I it I " ".I'r.:_ r � � 4I F—T.N3 LJT. ETr N ❑ _ I _ - --• _ -_T. * C�C 4_ . - _ -_ - 1 , 1 } _ _ _� Y � � 1 1 I z .- -. _r��" _M- 2124 J l - ` ,. l k E ENLARGED SITE PLAN C D x I { IV•in ,« u ' C' - -_.«u• v . {.. a.�,•,_.. J 1[n M•_ l J •!' :III: ',1: -_ -- .fll er .EP / } / I ..E / I F"' \ 1 KALE r -2y -1 I I _.._- I, Rffx,+IKI nANnNc PO rfx orv: ar>a aAUrlcr.Tnn i l; I r�j' .. � - /� i 1 ,•I � E�.6. r_ } -r u -'2 I � ('III 1.... ,� c«rt.r. .,,.:1. )_ . _ - � - S4 ew. - __ _ - , I'4r. _. L'.- � � -/ l`'' �rzc, ws,w ra.�,a <u+aw nu •• ' 'e� 'L .. '., j..'e. - •.- y: - _ • t'c s_.- \- •L - - -'y _ -- \- •y "-i1 t_.•1 - . - - 1_ -! `'•y. - . . t t • v � r.aPr , rc ,w.E Kc1...nw � . � • I canK ". 69TH AVENUEI— NORTH-- ------------- - - - - --j — ua-*M PARiwc PW UTY C P�reV+C - lil . LP:xihFJ.i !•1!X14 - t. I„ T L OVERALL SITE PLAN �I SCALE r -30' A—, AidJYwuE IX3ILpT6 AfD tifAATIQ)6 70: STER - T.. FYI PkflYA"Y LLiTI M CNJROi A OF 4 MA 6 O sk,m ud Jng oL- M4urrna 5tII • vc ` s• <r' xy — Ne4r p"Yx^' MmY.W' TEL W- 1)7/31 SITE QiAL7fJL. ILIO 89111 AVUU NORM 4,,." Wd.lya A,dJa.)- liio y F" )1!61)7218 I L L.AWSCAPE PUN' RRooh3TN B1IiR4 I'm 5H30 mT F!J17 -- j 'IT- M n. .� .1 �— '! —� i !I sres�. � T r��, i � / eet,.i Ole L,"g, GLaOra PLAN Go [ [� —f �4 E MASTER OR J� NTH EHLk bvioc*I.N UNIER, W FLOOR PLANS I U AND EXTERI LLMAERAN CHLIRCH OF I TER ELEVATION /I. w �. ? I . x >.1.�1�' r • a,. o�. rHa�..w' rnaJ s+s »v' City Council Agenda Item No. 8c MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning nd Zoning Special isf r t c" g g 't' Subject: City Council Consideration Item - Planning Commission Application No. 98013 Date: June 17, 1998 On the June 22, 1998, City Council Agenda is Planning Commission Application No. 9801' 3 submitted by Evangelical Lutheran Church of the Master requesting Preliminary Plat approval to combine into a single lot four parcels of land that make up the Lutheran Church of the Master complex. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 98013 and also an area map showing the location of the property under consideration, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents. • This matter was considered by the Planning Commission at their June 11, 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 5 -21 -98 City Council Action Should Be Taken By 7 -13 -98 (60 Days) Planning Commission Information Sheet Application No. 98013 Applicant: Evangelical Lutheran Church of the Master Location: Northwest Quadrant of Dupont and 69th Avenues North Request: Preliminary Plat The applicant is seeking preliminary plat approval to combine into a single lot four parcels of land that currently make up the Lutheran Church of the Master complex. The properties under consideration are zoned PUD /R -1 and consist of the parcel containing the church proper and three adjacent properties containing apartment buildings that have been, or will be, converted into church use. The request is pursuant to condition No. 4 of the City Council approval of a Planned Unit Development for the Lutheran Church of the Master under City Council Resolution Into. 94 -244 on November 14, 1994. The property in question is bounded on the north and east by 70th Avenue, Emerson Avenue, Emerson Lane and Dupont Avenue with single family residential homes located on the opposite sides of those streets as well as the city water tower; on the south by 69th Avenue with single family homes and the city's public utility building on the opposite side of the street; and on the west by the Northbrook Terrace apartment complex. The properties are currently described as Lot 1, Block 1, Evangelical Lutheran Church of the Master 2nd Addition (1200 69th Avenue North) and Lots 1, 2 and 3, Block 1, Brookdale Manor 2nd Addition (1107 Emerson Lane, 6907 Dupont Avenue and 1100 69th Avenue North respectively). The new legal description is proposed to be Lot 1, Block 1, Evangelical Lutheran Church of the Master 3rd Addition. Once combined, the site will be 258,052 sq. ft. in area or 5.92 acres and will contain all of the church buildings in this area. The plat comprehends the dedication of an additional seven feet of right -of -way for 69th Avenue North from the current Lot 3, Block 1 Brookdale Manor 2nd Addition. The City Engineer is reviewing the plat and will probably recommend the vacation of some of the drainage and utility easements that were drawn around previous lot lines and are no longer needed or required. The City Engineer has contacted the Watershed Commission, which has indicated that no formal review of the plat or Planned Unit Development plan are necessary. A public hearing has been scheduled and notice of the Planning Commission's consideration has been published in the Brooklyn Center Sun/Post. 6 -11 -98 Page 1 RECOMMENDATION, There appear to be no major problems w7th the proposed combination. Approval of the application is recommended subject to at least the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the city ordinances. • 6 -11 -98 Page 2 1 H '3AY 1 �N _L_l lam' N � 100 AVE N zloo X A 3AY IIORCAN AVE N -- 2000 — -1_ trr�Dl l 3nv _ffrt_'jjTl )1A )337A 319tII11s7 LOGAN AVE N 1900 S CIR• N, 3AY 0 Off _ } ( KNOX AVE N 1600 'N '3AY S3fYf �— ^+— l— JAIES AVE N •N 3AY 5rr y _ 1700 N 11T9 S3if�� p° -- _ — IRVING AVE. N _ > �' IRVING AVE H N 'AV 9NIA11I - — 1600 ` 101OER(1N _ Y _ - N - �1 _!— �, "BUT AVE N IS00 _ 61RARD 1 ( GIRARD AVE N �� � ,� ' 1400 IyRp AVE., IY I t ( FREMONT AVE H 1�w � e WE. � fRENOtfT � . ► z 1300 gym- � _ \ FRplgrrl AYE. s •3AV NOSU Mj - NOS1f3t3 AVE — E) AVE N \ _ N � � 1200 � MA - — N Fes+- O I DUPONT AVE N :3AY INOdt10 �N ' 1100 ` WWI AYE. N. • A �j °° COLFAX AVE N >< a - i \ J •3A. t - C 10(70 N ! Ax AVE . \ W N IYiYka AVE H NN '3AV IN(1 - C) _ 900 HpftyMtT AYE. N ALDRIGI AVE N 600 ( I Y S Y 1111 N�v f�' • .�Y �? • Y � ' `_ CAiDEN AVE N N3 / �� DR • z Y r� CAMEN AVE. N. ' I l 700 � / t N 3AV 5TH AVE N /9_7 Q, N , 30 HL _ - 600 nJ � \ 711252 if V l t�'O r. rr rrr..rrr _ rri isrrr � . •.......... \ p r RIVER RD ..., . � . , .. r D. • R VER k :ter S� ''�s!� r r •, .- ME DALLAS k m k D A x WILLOW LA. Y I DALLAS 80 C ` t- � 4 > 300 I i "r—,� l �\ .\ i I RIVFRO� c an4j*M A � y I / I �+. lw BNCIOK, � I, " E PRELIMINARY PLAT AN CHURCH OF THE MASTER EVANGELICAL LUTHER OTH--AVENUE--NORTH-------"t—!ri 3RD ADDITION N LOT SURVEYS i COMPANY, INC. LAND SURVEYORS I n: j 0 r r ' �\ I � � -�. —J F..�V Nwf.al«I (..tea [! M Y.{Ra YY .Nllli - EVEIR SON LANE NORT11 .. FJ L T z �� h.a + ` wn....+ ...ar. a TY .ur.Yh 1 f 0 w� r Z �^ « r. i � � 1 � � � _ �~ « r r a.} �� — y_ 7�� U� - :Lars --..a p _' ��Z .n 1 4 Lf, __._ -_.- -�'� � "�---- ._i �� ____ _.1__ 1 q � I I .f.r. ter.. n...•:. Y{.....0 Wl.v.f« r. \.w Ali 69TH AVENUE NORTH .!i. om !;o • City Council Agenda Item No. 8d MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning Specialist i Subject: City Council Consideration Item - Planning Commission Application No. 98014 Date: June 17, 1998 On the June 22, 1998 City Council Agenda is Planning Commission Application No. 98014 submitted by City of Brooklyn Center requesting Special Use Permit and Site and Building Plan approval to construct a new police department on property to be addressed as 6645 Humboldt Avenue North. . Attached for your review are copies of the Planning Commission Information Sheet for j Planning Commission Application No. 98014 and also an area map showing the location of the property under consideration, various site and building plans for the proposed development, the Planning Commission minutes relating to the Commission's consideration of this matter • and other supporting documents. This matter was considered by the Planning Commission at their June 11, 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 5 -29 -98 City Council Action Should Be Taken By 7 -27 -98 (60 Days) Planning Commission Information Sheet Application No. 93014 Applicant: City of Brooklyn Center Location: 6645 Humboldt Avenue North Request: Special Use Permit /Site and Building Plan Approval The City is seeking site and building approval and a special use permit to construct a new two story, approximate 29,120 sq. ft. police department along the west side of Humboldt Avenue, just south of 67th Avenue North, on property to be addressed as 6645 Humboldt Avenue North. The property in question is zoned R -5 (Multiple Family Residence) and the police station is considered a special use under the category of "governmental offices" which are allowed in the R -5 zone through the granting of a special use permit by the City Council. The subject site is bounded on the north by R -5 zoned property containing a ten unit townhouse complex; on the east by Humboldt Avenue with an apartment complex on the opposite side of the street; on the south by R -1 zoned property containing the Berean Evangelical Free Church and parsonage; and on the west by I -1 zoned property containing a light industrial building. . The city over the past few years has acquired five parcels of land (6637, 6715, 6717, 6719 and 6721 Humboldt Avenue) each containing a four -plex, which have all been demolished. These five parcels of land will make up the approximate 2.26 acre site that will house the Brooklyn Center police department building. These parcels will be combined into a single lot through the platting process in the near future. SITE /ACCESS/PARKING The building is proposed to be located in the approximate center of the site, set back about 110 feet from the Humboldt Avenue right -of -way. Access to the site will gained via two access points, one on the north side of the site and the other on the south. The northerly access will line up directly across from 67th Avenue North. Parking is set back a minimum of 35 feet from the Humboldt Avenue right -of -way. Humboldt is considered a major thoroughfare,.requiring a minimum 50 ft. building set back and a minimum 35 ft. parking set back for C -1 (Service /Office) uses. The special use permit for a service /office use in a R -5 zone requires compliance with the C -1 district requirements. Parking will be located on the north, west and south sides of the building. Most visitor or customer parking will be on the north side of the building as the main building entrance will be at the northeast comer of the building. 18 6 -11 -98 Page 1 • The plan calls for 104 parking spaces including four handicapped parking spaces in the north parking lot close to the main building entrance. The city is proposing to provide parking on the basis of staff, need for public parking and fleet parking needs. At least 8,100 sq. ft. of the first floor of the building is a secure area providing for a holding area for prisoners on a short term basis, evidence room, evidence garage, sally port, equipment room, storage and dispatch area. The balance of the first floor, approximately 6,400 sq. ft. will be offices, open work room, reception area, conference rooms and lobby. The upper level contains a squad room, men's and women's locker rooms, rest rooms, mechanical room, sergeant and investigator offices and a possible expansion area that could be a workout room for officers in the future. Approximately 12,000 sq. ft. of the 29,000 sq. ft. will be actual office area. For this reason we are proposing a parking arrangement based on staff, public and fleet vehicles. Attached is a memo from the architect showing the proposed parking breakdown basis. The total staff operating out of the police department on a 24 hour basis is 62 persons. Fifteen public parking spaces are proposed and 23 fleet parking spaces are provided for a total of 100 parking stalls needed. A C -1 use would require 142 parking spaces based on the parking formula for an approximate 29,000 sq. ft. building (gross floor area divided by 204.5 sq. ft.). The Police department is a unique use. It is not entirely service /office as previously mentioned. The 62 total staff are not present at one time because of the three shifts involving a 24 hour operation. The zoning ordinance allows for the City Council to make a determination on the appropriate amount of parking and the architects analysis seems appropriate. The down side of ® such a determination is that this building could not be marketed for a future office use in its entirety should the city at some point choose to relocate the Police department. It appears that approximately 30 more parking spaces could be added to the site on the east and north sides of the building bringing total parking to approximately 134 parking spaces. C -1 uses are required to provide 15 ft. buffer areas where they abut R -1 zoned property at a property line. Such a buffer area is provided on the south side of the site where the property abuts R -1 zoned property containing the Berean Evangelical Free Church and the parsonage. The parsonage and parking lot are closest to the police department site. The ordinance requires screening between a C -1 type use and an R -1 use. The church is considered an institutional use and no screening to the church parking lot would be expected. Landscape screening between the police department parking lot and the parsonage is proposed. No specific buffer is required between the police department use and the R -5 zoned townhouse use to the north, other than the requirement that parking areas containing more than six parking spaces must be screened from abutting residential property by a solid wall or opaque fence six feet high, or such other device as may be approved by the City Council. Again, landscape screening is proposed to meet this screening requirement. A determination should be made as to whether or not the landscape plan provides sufficient screening to meet these requirements. • 6 -11 -98 Page 2 DRAINAGE /GRADNG/UTILITIES A sparse drainage, grading and utility plan has been submitted to this point which is being reviewed by the City Engineer. We hope to have comments from the City Engineer prior to Thursday's meeting. The site is less than five acres (2.26 acres), therefore, no Watershed Commission review is required. The plan shows water and sewer lines running from Humboldt Avenue and entering the building on the south side. Drainage shows no catch basins or on site storm sewer, which I am certain the City Engineer will require. LANDSCAPNG A landscape plan has been submitted in response to the landscape point system used to evaluate such plans. The landscape architect used 2.43 acres as the site area on which he calculated the need for 234.4 landscape points based on the point system used. The landscape plan presented shows a total of 902 landscape points based on a variety of plantings including existing shade trees, a new shade tree, ornamental trees, coniferous trees, shrubs and perennials. A total of 50 existing shade trees are proposed to be retained on the site. Many will be located along the westerly greenstrip separating the parking lot from the property line where the abutting industrial use is located. Others are located in the large landscape area located between the building and the Humboldt right -of -way. Most of these existing trees, running in size from 6 in. in diameter to 26 in. in diameter, are located in the southerly portion of this large landscape area. This area also includes a walkway connecting with existing sidewalk along Humboldt Avenue to the main building entrance. Fifty -two ornamental trees, 30 Red Barron Crabapple, 16 Amur Maple and six Pink Spires Crabapple are proposed. Twelve Red Barron Crabapple are located along the south side of the building while 18 are on the north side of the building. Six Pink Spires Crabapple are located on either side of the north entrance to the site with the Amur Maple located on either side of the south entrance to the site and along the south greenstrip. Brandon Arborvitae, with a minimum 5 ft. high planting height, are used as the chief screening device to meet the screening requirements for the north and south greenstrip areas abutting residentially zoned property. Fourteen of these arborvitae are proposed for the south greenstrip intermixed with decorative trees and 24 of these arborvitae are planted along the north greenstrip to provide screening of the parking lot from the townhouses to the north. One hundred seventy -two shrubs are proposed, both Redleaf Japanese Barberry and Skandia Juniper. These are provided as foundation shrubs both north and south of the building and in a planting bed on either side of the north driveway and in various island projections in the north and south parking lots. One Northern Pin Oak is to be located on an island projection at the northwest corner of the building. All in all the landscape plan well exceeds the minimum landscape point requirements and appears to be appropriate. Again, a determination should be made as to whether or not the landscape plan provides sufficient screening to meet the requirements of the ordinance for screening where parking lots abut residential uses to both the north and south sides of the site. 0 6 -11 -98 Page 3 • BUILDING As previously mentioned, the building is to be located in the approximate center of the site. Perhaps the most prominent feature to the building may be the main entrance area at the northeast corner of the building. The building exterior will be a sandstone color, somewhat lighter than the proposed exterior color for the new fire station and will be an insulated pre -cast concrete panel with two etches creating the appearance of shading or a lighter and darker sandy color. The window and door frames will be bronze. LIGHTING/TRASH The trash area will be enclosed and located on the westerly or back side of the building across the drive lane from the evidence garage. A photometric plan has been submitted showing the location of nine perimeter lighting poles with a box or enclosed type fixture to direct light down onto the property. The foot candles indicated along the property line are within the requirements of the city ordinance. Also, lighting will be along the back side of the building and in the entrance area at the northeast corner of the building and by the southerly exit from the building. SPECIAL USE PERMIT S TANDARDS A public hearing has been 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 police department is a special use in the R -5 zone under the category of "governmental offices ". Certain service /office uses are allowed by a special use permit in an R -5 zoning district. In addition to the typical standards for special use permits, the city must also make a finding that the proposed used is compatible and complimentary to existing adjacent land uses as well as those uses permitted in the R -5 district generally. The proposed use must be of comparable intensity to other permitted R -5 district uses and be planned and designed to assure that generated traffic will be within the capacity of available public facilities and not have an adverse impact on the immediate neighborhood or community. We believe that the location and development of the police department in this location will not be detrimental to or endanger the public health, safety, morals or comfort. Furthermore, we do not believe that this use will be injurious to other property in the immediate • vicinity nor will it diminish or impair property values within the neighborhood. Adequate measures have been taken to provide ingress and egress as well as parking on the site that will minimize traffic congestion in the public streets. The proposal, furthermore, seems compatible and complimentary to existing adjacent land uses and is of comparable intensity to other permitted uses in the district. Therefore, it is recommended that a determination be made that the standards for special use permit and the additional standards of the use being compatible and complimentary to existing adjacent land uses and of comparable intensity are also met. 6 -11 -93 Page 4 • RECONVNfENDATION All together it is believed that the plans and special use permit are in order and approval of these application is recommended subject to at least the following conditions: 1. The building plans are subject to review 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 Engineer prior to the issuance of permits. a facilities and/or rooftop or on � Any outside trash disposal p b round 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 on 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 around 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. with the application is deemed to be 9. The landscape screening, plan submitted pp appropriate screening meeting the intent of the city ordinance for screening between a service /office type use and residentially zoned property. 6 -11 -98 Page We ON SY11Y0 I - < *444 T— 'Yl MO1lIM QN r.•r. r lY0 TT §�1lYO _ � wwr• -"�"� )j IS 3MA 011 N3AIV A _ w rwrrwr • �r • wwwwwwwwwww wwwr - -- '_ - "i d'11 Z Ff 17PTT 009 � ____� --- --- ( _�51N. AvE N• � --•-- —�o N 3AY NIS - •N 3AV N30 t"J � _ z T1Q N3"o /f OOL t < 1 z Fll AVE. N. 009 — AlO AVE. N• N 3AY 1DINaTY 000 AV NY N 3AY IAK3 � �� � y .N 3AY XY3'100 0001 _ - t COLFAX AVE. -r .---t - N 3AY XYj100 -m 1 Yk i g 1 .•- OOII I x N 3AY INDdnO 1 �Y�a N T (�(� DUPO AVE. N. 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J Jm t,1 it Coco 1� • C� A a b 2N E t { ( W 1 ' a W • • r' f F I `' c) 7 8 1 rm g Hl-80N � 3nN3Ad— s 11oaNnH a —I ti t 3 11 - - - ± '4 a i e ( is ' ✓�`�� {, "� �`+ ` i a i 3 4 1 i B 0 A R rvl A N K R ,. S P F I S T E R V 0 G E L & A S S . 222 M." h 1....d str..t Ml.... 9ell.. Ml....... 11401 - F.: 612. 119 -6212 Ph— 612. 119.1712 R.rl.lwr Ms : T.c. ol TV. 9t... Ttd. Caw T BROOKLYN CENTER SITE PLAN n , , POLICE STATION {{ BROOKLYN CENTER, MINNESOTA T ... i i ,- DESIGN DEVELOPMENT • NOT FOR CONSTRUCTION �. � }f! -if RaoMtD — •" — N7 NGbIGm _�L • / � 7 —__- _ •a.,. ul R. Ml � l.r � B� � _ w. r eeum .. no n W +r 1 l r TRACT A - TRACT B f _ uQA"ElC fMM R L S 993 _ ol cc / �Tf�'ACT D TRACT - C i TRACT A RLS 1486 OR —• 'l _ _ a —.. _ �ynr�rerw ]n b1 et�ayr `� —�,__ a �_�_�� ( .wwr r w I w. C SCAIL �h OpAP1/1 t •� I 1 ,«. a ... Roane • Cl l_ s f I 1 1 RE T I { C a t�w 1,00 1 o _ a as ,, -- - -- 1 �• �K E" i 3F DESIGN DEVELOPMENT - NOT FOR CONSTRUCTION 111 North 5. tend 5tr..t Mlaw..poll•. M1..... 1. 55601 7.. 611.335.4113 Th... 41%•,135 -3751 3wYdmr NsT0.�. PM.. T" 9re TMW Carirtb BROOKLYN CENTER FIRST FLOOR PLAN POLICE STATION BROOKLYN CENTER MINNESOTA ear.... •.r.r a a lu IUI—'— ` I gr Nd C -) --------- L-" Li i I I E I J- ___ - � 14�1 � 3 - rn ` I I Pi P9 (P9 a 0. DESIGN DEVELOPMENT NOT FOR CONSTRUCTION Lq mm= 22 2 N. t h S C O U f 0 01 - M MR *a is ill oil a. I an as a a 7 3 . 01 - F 612.331. p 1 2 Tills TMR c� >: BROOKLYN CENTER SECOND FLOOR PLAN POLICE STATION as BROOKLYN CENTER. MINNESOTA rrM.rM; *..r. nwc •-- �.�f:r'.;.' I t :.{ {. - J:�.f JI ( -� -ice' '.f�.�- ir,sw,��ew.c�a cacw �, r . IN FT iij ©NORT,1 ELEVATION a s •ML 1 ' i i i 1 1 1 1! 1 1 I I 1 f f� ... �. :..1.. � � %__ � T 1 r 1 ��_f.,..f. - _ I 1, _'�. — "` -- Iq.w� ram,. cao. ' ,^ r l - i 1 F FH {-- Hill 1 I { _ 1 = - N f � I l - 1 .- 1 .1 _ 1 .1. . 1 A . 1 I 1 1 . . 1 I I i _ i _ c art m,v _ _ _ _ -_ -__ _ ���ru"4 wwiciruw.�M..r r _ f r r r r r_ r N•� .lw+M M. M j 0 rj1 EA6T ELEVATION 91 eeKE. Vs' .V.o• NiQC4D�i F ntm'• a. e e i zp H H ! l: 1 1 ...1 1 •. 11 s.. i L.- r i 1 1 I : Z F urr.r � .,.n•.l �u.a m.c.rrr •Mew 6OUTN ELEVATION Z n ..ow.vr•IwL •I.�u.a 1Nji SCALE.vs•.r -o• zz -_ _ r o. All o • • Q4 ELE VATION ,731EL�— t l t { f i s t „ t i t l i f t t t i{ i■ t I t■ 1 ;( {!! i, i f f l t 7 t i' I t' t t/■ f t t i i t ! r 1 t f i t ! i i 7![ 1 t 1■ i S 1 �!� t i ! { f t i f , i 1 111 ' t l I I 1 ! a 1 ( ■ i i 1 I 1 i i! ■ t{ i f 1 1 I t •- s � —■ i s t l t l! t i t t t i 1 1 I t 1 ( � 1 " 1 f t l l■ { l ;! t(; t I t t t{ � i ; e I, t, { 1 /( I r I; i I i l t i I i A ■ c,! i i! i 1 1 t t I I t 1 I i l i 1 d l t' t! I s f f! I I I i t I I I I 4 i f t■ ! i; I l 1 t t t t i E t i t 1 --f-c1 ! S ,, j,_i r l a n } a Cl w n H 6� s D z ' lit l� OL9GN D[YIIA!'!@IT - NOT FOR CONSTRUCTION MIL a: ■ ■.ea a ■. ■ ■• ser■■e r�u■a�N�■, re ■ ■■■ ■e■ ♦. t•ai ..� .■. na- aas -■:.a r� ■■• ■ia- sat -as►: ■ m■■e Ayrt !■Y are sl■ BROOKLYN CENTER ELECTRICAL SITE PLAN 7 W E POLICE STATIONS �................�«. BROOKLYN CENT= MQOWSOTA er ■tea ortt.r� • �+rrr��..►.r.r arrr.■ra r r.■. e�I■.a�Iir. et,.r a ew BKPV Memorandum TO: Ron Warren Planning & Zoning Specialist City of Brooklyn Center COPY: ivtichael McCauley City of Brooklyn Center Jane Chambers City of Brooklyn Center Joel Downer Brooklyn Center Police Dave Hanson Bossardt Corporation FROM: Paul ;Vlickelberg Boarman Kroos Pfister Vogel & Assoc. PROJECT: Brooklyn Center Police Station COMINI. NO.:1431.02 DATE: May 26, 1993 RE: Site Plan Approval- Parking The required parking for the Brooklyn Center police Station is based on the - number of users and staff as well as the fleet vehicles for the department. There are 104 parking stalls for the building plus parking for 2 impounded vehicles in the secured evidence garage. +� The parking needs (current and future) for the building is as follows: Staff Administration 21 Investigations 9 Patrol 32 Total Staff 62 Public Parking 15 stalls Fleet Parking 23 (26 total, 3 taken home) Total 100 The building is only about " �0 office type v e use and because of the various P , shifts, not all the staff is present at one time as would be the case in a typical office building. Three of the fleet vehicles are taken home each evening and replace the need for personal vehicle parking. The worst case for parking would during a weekend evening during shift change. This would mean that there would be 1 5 patrol officers and 15 squads present for a short period of time. All staff department meetings will be held in Constitution hall. The police department is satisfied with the amount of parking planned for the building. END OF MEMO q: \prof\ 1 331- 02 \b \mem -pm l .doc 30 AR.MAN • KR C • P ! • VGGcL & ASSG _ A +�dLL I hd.u. � ia4o,Ii,,.6m iii .a ii,iIL..4 11" 11 1;,No4 , ,"11 an. , 6—Ilioi..., Section 35 -210. spECL - lL USE PER�IZT., 2. Standards for Saec,al use Permits A special use permit may be granted by the City Council after demonstration by evidence that all of the following are met: • (a) The establishment, maintenance or operation of the special use will promote and enhance the general welfare and will not be detrimental to or endanger the public health, safety, morals, or comfort. (b) The special use will not be injurious to the use and enjoyment 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 normal 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 such 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 conditions stipulated in connec- tion therewith. 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 Y g Y discovered evidence of change of condition upon which he relies to gain the consent of the City Council for resubmission at an earlier time. 5. Revocation and Extension of Special Use Permits When a special use permit has been issued pursuant to the pro- visions 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 commences 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 submitting to the Secretary of the Planning Commission a "Special Use Permit" application requesting such extension and paying an additional fee of $15.00. Special use permits granted pursuant to the provisions of a prior ordinance of Brooklyn. Center shall expire within one year 'of the effective date of this ordinance if construction upon the sub- ject property pursuant to such special use permit has not commenced within that time. • Ln any instance where an existing and established special use is abandoned for a period of one year, the special use permit re- lated thereto shall expire one year following the date of abandon- ment. Special Uses a. Nursing care homes, (at not more than 50 beds per acre), provided that these institutions shall, where required by state law, or regulation, or by municipal ordinance, be licensed by the appropriate state or municipal authority. v , , -' b. Certain service - office uses which, in each specific case, are demonstrated to the City Council to be: 1. Compatible with existing adjacent land uses as well as with those uses permitted in the R5 district generally. 2. Complementary to existing adjacent land uses as well as to those uses permitted in the R5 district generally. 3. Of comparable intensity to permitted RS district lard uses with respect to activity levels. 4. Planned and designed to assure that generated traffic will be within the capacity of available ublic facilities and will not have an adverse impact upon those P P P facilities, the immediate neighborhood, or the community.. and which are described in Section 35 -320, Subsections 1 (b) (c) (d) and 0) through (t). Such service - office uses shall be subject to the C1 district requirements of Sections 35 -400 and 35 -411, and shall otherwise be subject to the ordinance requirements of the use classification which the proposed use represents. c. Chapels, churches, synagogues and temples, provided primary vehicular access shall be gained to the uses by a collector or arterial street. s 35 -?� • 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 MEETING JUNE 11, 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 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 and Planning Commission Recording Secretary Arlene Bergfalk. Attending a portion of the meeting were Assistant City Manager Jane Chambers and Police Chief Joel Downer. Commissioner Graydon Boeck was excused. APPROVAL OF MINUTES - MAY 28. 1998 There was a motion by Commissioner Reem, seconded by Commissioner Nelson, to approve the minutes of the May 28, 1998 meeting, as submitted. The motion passed unanimously. CHAIR'S EXPLANATION Chair Willson explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. EVANGELICAL LUTF TFRAN CHUR - CH OF THE MASTER - APPLI CATION NOS. 98012 AND 98013 Chair Willson introduced Application No. 98012, a request to amend the Master PUD, and Application No. 98013, a request for preliminary plat approval to combine 4 parcels of land into a single lot, both submitted by the Evangelical Lutheran Church of the Master, whose complex is located in the northwest quadrant of Dupont and 69th Avenues North. These applications were filed on 05 -21 -98 and City Council action should be taken by 07 -13 -98 (60 days). The Commissioners agreed to consider these applications concurrently and to conduct one public hearing for the two applications. APPLICATION NO. 98012 Mr. Warren presented the staff report and used overhead transparencies to show the location of the properties and the site and building plans for Phase II and Phase III of the PUD. (See attached Planning Commission Application Information Sheet dated 06- 11 -98). 6 -11 -98 1 I Mr. Warren reviewed the Church's original application for PUD rezoning of several adjacent properties/buildings acquired by the Church, which was approved by the Council on 11- 14 -94, and the subsequent development agreement between the church and the City. Phase I, connecting the church and the building at 1107 Emerson Lane, was completed. The applicant now plans to complete Phase II to connect the building at 6907 Dupont Avenue North to the Phase I buildings. The 6907 Dupont building will facilitate church - related group meetings of about 100 people. Mr. Warren reviewed the applicant's parking and landscaping plans for Phase II and stated that both plans more than adequately meet City Ordinances. The connecting link between the Phase I buildings and the Phase II property provides for handicap access to the Phase II building and an elevator will be installed in the Phase II building. The exterior of the link structure will match that of the other buildings. A modification to the parking area between the Phase I and Phase II buildings to accommodate the connection of the two buildings reduces impervious surface and does not affect grading, drainage or utilities. Phase III involves use of the building at 1100 -69th Avenue North to house missionaries who are on leave from service. No physical alterations will be made to that building. This is a change from the applicant's original plan for that building which involved conversion of some apartment space to office /teaching/counseling use. The plans submitted by the applicant for Phases II and III appear to be in order, therefore, Mr. Warren recommended approval of Application No. 98012, subject to 4 conditions outlined in the staff report. A public hearing, as required under Section 35 -355, properly noticed, is scheduled for this i meeting. Mr. Warren noted the original proposal was considered by the neighborhood advisory group, which supported the plans for phased utilization of the church's properties, therefore, that formality could be waived. Chair Willson called for questions from the Commissioners. Apartment and meeting facility usage was discussed. Apartments will be used for missionaries on leave only and meeting rooms will be used only by the church's groups. Neither the apartments or the various meeting rooms will be available for rental to the public and the City Attorney must approve the modified development agreement describing utilization of the buildings. Construction of the link between the Phase I and Phase II buildings is expected to begin as soon as possible in order to make full use of the Phase II building. APPLICATION NO. 98013 Mr. Warren explained that this application involves approval of a preliminary plat that combines into a single lot four parcels of land that currently constitute the Lutheran Church of the Master complex. The combined 5.92 acre site will consist of the parcel containing the church proper and three adjacent properties containing apartment buildings for church use. This combination is pursuant to condition No. 4 of the original approval Resolution No. 94 -244 dated November 14, 1994. The new legal description of the single property will be Lot 1, Block 1, Evangelical Lutheran Church of the Master 3rd Addition. 6 -11 -98 2 Mr. Warren indicated that the City Engineer is reviewing the plat for possible vacation of some drainage and utility easements that are no longer required. Watershed Commission review of the plat or PUD plan is not necessary based on direction given by the Watershed Commission. Subject to two conditions outlined in the staff report, Mr. Warren recommended approval of the proposed combination comprehended under Application No. 98013. Notice of the publiclearing scheduled was published in the Brooklyn Center Sun/Post. Chair Willson called for questions from the Commissioners. There were none at this time. PUBLIC HEARING - APPLICATION NOS. 98012 AND 98013 - Lj JTHERAN CHURCH OF THE MASTER There was a motion by Commissioner Nelson, seconded by Commissioner Newman, to open the public hearing on Application Nos. 98012 and 90813 at 8:00 p.m. The motion passed unanimously. Chair Willson called for comments from the public. An unidentified person residing at 6927 Dupont Avenue North, stated she supports the church's Phase II and III plans and combination of the church's properties into a single lot. Senior Pastor Bob Cottingham stated that the contract for deed referred to in the 1994 development agreement for purchase of the Chazin property by the church has been satisfied. He noted that with a 3,500 member congregation, meeting and living facilities are used exclusively for church purposes, therefore, public rental of facilities is not available. Mr. Mark Hayes, architect for the project, explained that the connecting structure provides a ramp and remodeling in the Phase II building includes installation of an elevator to make that building fully handicapped accessible. In response to Chair Willson's question regarding the need for the 6 parking spaces between the two buildings, Mr. Hayes stated there is an existing curb cut and those spaces are currently being used. 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 Nos. 98012 and 98013. CLOSE PUBLIC H EARING - APPLICATION NOS 98012 AN 98013 There was a motion by Commissioner Reem, seconded by Commissioner Newman, to close the public hearing at 8:05 p.m. The motion passed unanimously. The Commissioners interposed no objections to Application No. 98012, a planned unit development amendment, or to Application No. 98013, combination of 4 parcels into a single lot, as requested by the Evangelical Lutheran Church of the Master. 6 -11 -98 3 ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 98013 - EVANGELICAL LUTHERAN CHI. TRCH OF THE MASTER There was a motion by Commissioner Newman, seconded by Commissioner Nelson, to recommend to the Council that it approve Application No. 98013, a request submitted by the Evangelical Lutheran Church of the Master to combine into a single lot four parcels of land that currently make up the Lutheran Church of the Master complex, to be described as Lot 1, Block 1, Evangelical Lutheran Church of the Master 3rd Addition, subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. Voting in favor: Chair Willson, Commissioners Erdmann, Nelson, Newman, and Reem. The motion passed unanimously. ACTION TO RECOMM APPROVAL OF AP PLICATION NO. 98012 - EVANGELICAL LUTHERAN CHURCH OF THE MASTER There was a motion by Commissioner Nelson, seconded by Commissioner Erdmann, to recommend to the Council that it approve Application No. 98012, an amendment requested by the Evangelical Lutheran Church of the Master for approval for Phase II and Phase III of the Master Planned Unit Development (PUD), subject to the following conditions: 1. Approval of this planned unit development amendment acknowledges City Council Resolution No. 94 -224 in terms of the findings made at that time and notes that the Phase II and Phase III plans are consistent with those findings. 2. The building plans for building additions and modifications are subject to the approval of the Building Official with respect to applicable codes prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee shall be submitted to assure the completion of approved site improvements. 4. The church shall enter into a modified development agreement with the City, to be reviewed and approved by the City Attorney, prior to the issuance of building permits for the Phase II and Phase III utilization of the buildings. Said agreement shall be modified to reflect the final phasing plan as submitted by the church. Voting in favor: Chair Willson, Commissioners Erdmann, Nelson, Newman, and Reem. The motion passed unanimously. The Council will consider these recommendations at its Monday, June 22, 1998 meeting. The applicant(s) 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. 6 -11 -98 4 APPLICATION NO, 98011 - ECONONRC DEVELOPMENT AUTHORITY (EDA) Chair Willson introduced Application No. 98011, a request submitted by the EDA to rezone from R -4 (multiple family residence) to R -2 (1 and 2 family residence) two parcels of land formerly addressed as 610 and 620 -53rd Avenue North. This application was filed on 05 -14 -98 and Council action should be taken by 07 -13 -98 (60 days). Mr. Warren presented the staff report using overhead transparencies to show the location of the two parcels and the Bellvue Lane Addition. (See attached Planning Commission Application Information Sheet dated 06- 11 -98.) Mr. Warren explained that the lots under consideration are part of the redevelopment proposal included in property to be known as the Bellvue Lane Addition which is an EDA redevelopment plan to provide new housing and a greenstrip along 53rd Avenue. The background of previous and current zoning of the two lots which had each contained a four -plex was reviewed. To be in compliance with the zoning of the newly replatted Bellvue Lane Addition the two parcels must be rezoned to R -2 (1 and 2 family residence) and must also be consistent with the Bellvue Lane development and compatible with surrounding land uses (R -2). Each rezoning proposal is to be considered on its merits and measured against guidelines contained in Section 35 -208 of the city's zoning ordinance as well as the Comprehensive Plan. Mr. Warren presented each guideline and described how the rezoning proposal meets the criteria of the evaluation policy /guidelines that reflect the best interests of the City. Mr. Warren recommended adoption of Planning Commission Resolution No. 94 -02 recommending approval of the proposed rezoning, subject to four considerations contained in the Resolution. Mr. Warren stated that considerable at neighborhood review /comment has been received during the 1 - 1/2 years of EDA/City work on the Bellvue Lane redevelopment plan, therefore, referral of this rezoning request to the neighborhood advisory group can be waived. Proper notice of the public hearing has been made. Chair Willson called for questions from the Commissioners. Commissioner Newman noted that part of Outlot B is included in the rezoning and inquired about maintenance of the outlots. Mr. Warren stated the outlots (greenway) will be maintained by the City. Newman also noted that there are several other R4 zoned areas in the southeast portion of the City and inquired whether this rezoning may affect the other R-4 parcels. Mr. Warren explained that those scattered R -4 parcels will remain as zoned and since 1989 have been conforming uses under the Comprehensive Plan and Zoning Ordinance, PUBLIC HEARING - APPLICATION NO. 98011 There was a motion by Commissioner Erdmann, seconded by Commissioner Newman, to open the public hearing on Application No. 98011, at 8:30 p.m. The motion passed unanimously. Chair Willson called for comments from the public. 6 -11 -98 5 Mr. Mike Nelson, a new resident at 5319 Camden Avenue, stated his support for the proposed • rezoning because the neighborhood consists of only single family homes, therefore it doesn't make sense to have R -4 zoning. Chair Willson noted that the neighborhood has been supportive throughout the Bellvue Lane redevelopment process. 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. 98011. CLOSE PUBLIC HEARING - APPLICATION NO 98011 There was a motion by Commissioner Newman, seconded by Commissioner Nelson, to close the public hearing at 8:35 p.m. The motion passed unanimously. The Commissioners interposed no objections to Application No. 98011, a request for rezoning of two parcels - 610 and 620 -53rd Avenue North, from R -4 to R -2. ACTION TO RECO MMEND APPROVAL OF APPLICATION NO. 98011 - ECONOMIC DEVELOPMENT AUTHORITY Commissioner Diane Reem introduced the following resolution and moved its adoption: Planning Commission Resolution No. 94 -02: "Resolution regarding Recommended Disposition of Planning Commission Application No. 98011 submitted by the Economic Development Authority of the City of Brooklyn Center." The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Edward Nelson and upon vote being taken thereon, the following voted in favor thereof: Chair Willson, Commissioners Erdmann, Nelson, Newman, and Reem; and the following voted against the same: None; whereupon said resolution was declared duly passed and adopted. (The complete Resolution No. 94 -02 is made a part of these minutes as an attachment.) The Council will consider the resolution at its Monday, June 22, 1998 meeting. The applicant must be present. Major changes to the application as reviewed by the Commissioners will require that the application be returned to the Commission for reconsideration. APPLICATION NO. 98014 - CITY OF BROOKLYN CENTER Chair Willson introduced Application No. 98014, a request submitted by the City of Brooklyn Center for a site and building approval and a special use permit to construct a new police department on property to be addressed as 6645 Humboldt Avenue North. This application was filed on 05 -29 -98 and Council action should be taken by 07 -27 -98 (60 days). Mr. Warren presented the staff report and used overhead transparencies to show the 2.26 acre location and the site and building plans. (See attached Planning Commission Information Sheet dated 06- 11 -98). The 5 parcels of land acquired by the city are zoned R -5 and the police station is a special use (government offices) allowed in that zone by a special use permit granted by the Council. The parcels will be combined and platted into a single lot within the next month. • 6 -11 -98 6 Mr. Warren described the site, access and parking plans as detailed in the staff report. 142 parking I e spaces are required under C -1 (office /service) requirements; however, a total of 104 spaces are planned. Provision of additional spaces could reach a total of 134 spaces; however lacking the required 142 could make the building difficult to market for office use should the police station be relocated in the future. The Council is authorized to make a determination on the appropriate amount of parking. Given the unique nature of the police department's functions and staff configuration, 104 parking stalls should be adequate. Mr. Warren requested the Commissioners to consider whether the landscape plan, detailed in the staff report, for screening in areas where the C -1 use (parking lots) abuts R -1 (residential) property provides sufficient screening to meet the requirements. Overall, however, the landscape plan prepared in response to the point system used to evaluate such plans, well exceeds the minimum requirements and appears to be appropriate. The City Engineer continues to review the drainage, grading and utility plans to include catch basins and on -site storm sewer system. The Engineer will have final approval of these plans prior to issuance of any permits. Watershed Commission review of this site is not required. The exterior of the building will be of sandstone colored pre -cast concrete with bronze window and door frames. The trash area will be enclosed on the back (west side) of the building and 9 perimeter light poles with fixtures to direct lighting down on the property. • Mr. Warren outlined how the proposed police station use meets the five standards for special use permits under Section 35 -220 of the City's ordinances. Based on the review detailed in the staff report, Mr. Warren recommended that a determination be made that the standards for special use permit and the additional standards of the use being compatible and complimentary to existing adjacent land uses and of comparable intensity are met. A public hearing appropriately noticed has been scheduled for this special use permit application. Overall, the plans and special use permit are in order, therefore, Mr. Warren recommended approval subject to 9 conditions outlined in the staff report. He noted that Assistant City Manager Jane Chambers and Chief of Police Joel Downer are available to answer questions. Chair Willson called for questions from the Commissioners. In response to Commissioner Newman's request for clarification on the drainage issues, Mr. Warren reported on his discussion with the City Engineer. Apparently the storm sewer is shallow and the plans submitted allow for sheet drainage, which is not permitted by the City. Therefore, additional study of acceptable drainage options on the site is being conducted by the City Engineer. Commissioner Reem inquired about the setback distance of the building. Mr. Warren explained that the building is set back a total of 110 feet from Humboldt Avenue which provides for two accesses and a large landscaped area in front facing Humboldt. Commissioner Erdmann expressed concern with respect to the parking plan proposed which leaves the property short of the required number of spaces in the event its use is converted to office space 6 -11 -98 7 in the future. He recommended several options for the building placement on the site that would provide additional parking. Mr. Warren acknowledged that the proposed building and use of the site is specifically designed for a police station, but suggested that future modification of the building if necessary could provide for some indoor parking space. It was also noted that the City is committed to this location for the police station and the life expectancy of the building is 25 -30 years. PUBLIC DARING - APPLICATION NO. 98014 - CITY OF BROOKLYN CENTER There was a motion by Commissioner Newman, seconded by Commissioner Reem, to open the public hearing on Application No. 98014 at 9:10 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Police Chief Joel Downer responded to Commissioner New question regarding noise in the area created by police department shift work schedules. Downer explained that the experience gained from the current location of the police station adjacent to the 12 -story residential building created a "good neighbor" attitude and prudent use of sirens and flashing red lights will continue in the new location. Assistant City Manager Jane Chambers reported that the 10 -month construction period is expected to begin in September 1998, although a recent strike at the company that builds the pre -cast concrete panels used may minimally affect the schedule. It is anticipated, however, that the building will be enclosed in time for inside construction during the winter months. CLOSE PUBLIC HEARING - APPLICATION NO. 98014. There was a motion by Commissioner Nelson, seconded by Commissioner Newman, to close the public hearing at 9:15 p.m. The motion passed unanimously. Chair Willson called for additional questions from the Commissioners. Following discussion, the Commissioners determined that the landscape plan provides sufficient screening to meet the requirements of the ordinance where parking lots abut residential uses on the north and south sides of the site. In addition, the Commissioners agreed to revise condition 2 listed on page 5 of the staff report to clarify that dependence on sheet drainage on the site is not acceptable. ACTION TO R APPROVAL, OF APPLICATION NO. 98014 - CITY OF BROOKLYN CENTER There was a motion by Commissioner Nelson, seconded by Commissioner Newman, to recommend to the Council that it approve Application No. 98014, submitted by the City, for site and building approval and a special use permit to construct a new police department at 6645 Humboldt Avenue North, subject to the following conditions: 1. The building plans are subject to review by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Drainage plans not dependent on sheet drainage, and grading and utility plans are S subject to review and approval by the City Engineer prior to the issuance of permits. 6 -11 -98 8 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 on 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 around 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 the application is deemed to be appropriate screening meeting the intent of the city ordinance for screening between a service /office type use and residentially zoned property. Voting in favor: Chair Willson, Commissioners Erdmann, Nelson, Newman, and Reem. The motion passed unanimously. s The Council will consider the recommendation at its June 22, 1998 meeting. The applicant must be present. Major changes to the application as reviewed by the Commissioners will require that the application be returned to the Commission for re- consideration. OTHER BUSINESS Mr. Warren commented on the June 6, 1998 letter distributed to the Commissioners from homeowners explaining their opposition to the joining of June and Indiana Avenues in conjunction with subdivision of property at 5621 Indiana Avenue North (Application No. 98007, submitted by Doug Peterson, Accessible Homes, Inc. recommended for approval on 04- 30 -98). The Council subsequently approved the Application. Mr. Warren indicated that while the City may be sympathetic to perceived traffic issues related to this subdivision, if an application meets requirements, there may be no basis for denial. Modifications, if any, to the approved application will require re- consideration by the Planning Commission. Mr. Warren explained that Budget Car and Truck Rental was allowed 60 days to remove prohibited vehicles from the Sear's Brookdale location and the deadline expires on June 26. Commissioner Reem again complained about improper use of the trash containers and enclosure at 63rd and Brooklyn Blvd. It was noted that models of the proposed Brookdale development will be on display at Brookdale this fall. • 6 -11 -98 9 FUTURE MEETING DATE The next meeting of the Planning Commission is scheduled for Thursday, June 25, 1998. Mr. Warren briefly reviewed the agenda items for that meeting. ADJOURNMENT There was a motion by Commissioner Reem, seconded by Commissioner Erdmann, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:45 p.m. Chair Recorded and transcribed by: Arlene Bergfalk Timesaver Off Site Secretarial, Inc. 6 -11 -98 10 • City Council Agenda Item No. 9a • • City of Brooklyn Center A great place to start. A great place to stay. MEMORANDUM TO: Mayor y r Kragness, Councilmembers Carmody, Hilstrom, Lasman, and Peppe FROM: Michael J. McCauley, City Manage DATE: June 18, 1998 SUBJECT: Acquisition of Property for Heritage Center Parking Lot Acquisition of the property for the proposed parking at the Earle Brown Heritage Center has been negotiated for a purchase price of $560,000. We anticipate receiving a grant from the State of Minnesota for $2.5 million. The State Department of Administration has not yet forwarded a draft grant agreement. In conversations with the person handling the grant at the Department of Administration, she has been verbally advised that there is no problem with the City expending funding prior to the execution of the agreement. Since acquisition of land for the parking is clearly described in the special legislation, the only risk would be if the City did not enter into an agreement with the State of Minnesota. I could not foresee circumstances under which we would not enter into an agreement with the State of Minnesota. The only term contained in grant agreements of this nature is that we must use the property for the purposes described in the grant agreement or the money would need to be returned. In this circumstance, this would mean that if the City were to later dispose of this property or discontinue using it for the purposes described in the legislation, we would have to return the grant monies used for that discontinued purpose. In order to be able to acquire the property, it is necessary to conclude a transaction with the owner by entering into a binding purchase agreement. The revised agreement terms required by the seller set the closing date on or before August 1, 1998. The City, given the State's slow pace, may well not have received grant monies by then. An advance from the Capital Improvements Fund would be required to close by August 1, with repayment to the Capital Improvements Fund from grant proceeds. 6301 Shingle Creek Pkwy, Brooklyn Center, il'liY 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmatiue Action /Equal Opportunities Employer 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 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. • PURCHASE AGREEMENT 1. PARTIES. This Purchase Agreement is made this day of , 1997 by and between ROBERT H. BRADLEY ( "Seller") and the ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF BROOKLYN CENTER, a public body corporate and politic under the laws of Minnesota ( "Buyer "). 2. SUBJECT PROPERTY. Seller is the owner of that certain real estate (the "Propeny ") located in Brooklyn Center, Hennepin County, Minnesota and legally described as follows: Tract D, REGISTERED LAND SURVEY NO. 1380, Hennepin County, Minnesota, except Parcel 39C as shown on Minnesota Department of Transporta- tion Right of Way Plat No. 27 -60 3. OFFER/ACCEPTANCE. 1n consideration of the mutual agreements herein contained, Buyer offers and agrees to purchase and Seller agrees to sell and hereby grants to Buyer the exclusive right to purchase the Property and all improvements thereon, together with all appurtenances, including, but not limited to, plants, shrubs, trees, and grass. 4. PERSONAL PROPERTY INCLUDED IN SALE. The following items of personal property and fixtures owned by Seller and currently located on the Property are included in this sale: None. 5. PURCHASE PRICE AND TERMS: A. PURCHASE PRICE: The total Purchase Price for the real estate and personal property included in this sale is Five Hundred Sixty Thousand and No /100ths Dollars ($560,000.00). B. TE&NIS: (1) EARNEST MONEY. The sum of T went - i y fl ve T housand Dollars ($25,000.00) Earnest Money paid by the Buyer to the Seller, the receipt of which is hereby acknowledged. (2) BALANCE DUE SELLER Buyer agrees to pay by check on the Closing Date any remaining Balance Due according to the terms of this Purchase Agreement. (3) ASSUMPTION OF EXISTING INDEBTEDNESS. The Buyer, in its discretion and in partial payment of the purchase price, may, to the extent assumable, assume or take title subject to any existing indebtedness encumbering the Property, in which case the cash to be paid at the time of closing shall be reduced by the then remaining indebtedness. G I-i1565 BR306 - ?1 1 (4) DEED/MARKETABLE TITLE. Subject to performance by Buyer, Seller agrees to execute and deliver a Warranty Deed conveying marketable title to the Property to Buyer, subject only to the following exceptions: a. Building and zoning laws, ordinances, state and federal regulations. b. Reservation of minerals or mineral rights to the State of Minnesota, if any. C. Public utility and drainage easements of record which will not interfere with Buyer's intended use of the Property for a parking lot. (5) DOCUMENTS TO BE DELIVERED AT CLOSING. In addition to the Warranty Deed required at paragraph 5B(4) above, Seller shall deliver to Buyer: a. Standard form Affidavit of Seller. b. Owner's Duplicate Certificate of Title, if applicable, or abstract of title. C. Such other documents as may be reasonably required by Buyer's Title examiner or title insurance company. 6. CONTINGENCIES. Buyer's obligation to buy is contingent upon the following: a. Buyer's determination of marketable title pursuant to paragraph 11 of this Agreement; and b. Buyer's determination, in its sole discretion, that the results of the environmental investigation under paragraph 8 of this Agreement are satisfactory to Buyer. Buyer shall have until the Date of Closing to remove the foregoing contingencies. The contingencies are solely for the benefit of Buyer and may be waived by Buyer. If the contingencies are duly satisfied in a timely manner or waived, then the Buyer and Seller shall proceed to close the transaction as contemplated herein. If, however, one or more contingencies is not satisfied, or is not satisfied on time, and its not waived, this Purchase Agreement shall Thereupon be void, Seller shall return the Earnest Money to Buyer, and Buyer and Seller shall execute and deliver to each other the terminat0ion of this purchase agreement. As a contingent purchase agreement, the termination of this agreement is not required pursuant to Minnesota Statutes, Section 559.21, et s_g. 7. CLOSING DATE. The closing of the sale of the Property shall take place on or before August 1, 1998. The closing shall take place at a location as mutually agreed upon by the parties. CAF:ly ! n 5 SR's Os -'71 2 8. ENVIRONMENTAL INSPECTION. Buyer and its agents shall have the right to enter upon the Property after the date of this purchase agreement for the purpose of inspecting the Property and conducting such environmental examination and tests as Buyer deems necessary. Buyer agrees to indemnify the Seller against any liens, claims, losses or damage occasioned by Buyer's exercise of its right to enter and work upon the Property. Buyer agrees to provide Seller with a copy of any report prepared as a result of such examination and tests. 9. REAL ESTATE TAXES. A. Seller shall pay at or prior to closing all real estate taxes due and payable in 1997 and prior years on the Property. B. Buyer and Seller shall prorate to date of closing the real estate taxes due and payable in 1998 on the Property. C. Buyer shall be responsible for all real estate taxes due and payable in 1999 and thereafter on the Property. 10. SPECIAL ASSESSMENTS. A. Seller shall pay at or prior to closing the balance of all special assessments levied prior to closing, including assessments certified for payment with 1998 real estate taxes. • B. Buyer shall assume all special assessments pending as of the date of this Purchase Agreement and all special assessments that become pending after the date of this Purchase Agreement, except that Seller shall at all times be responsible to pay special assessments, if any, for delinquent sewer or water bills, removal of diseased trees, snow removal, or other current services provided to the Property by the assessing authority while the Seller is in possession of the Property. 11. MARKETABILITY OF TITLE. The Seller, within a reasonable time after acceptance of this agreement, shall furnish Buyer with an abstract of title or registered abstract of title to the Property, certified to a current date and including proper searches covering bankruptcies, judgments and tax liens. Buyer shall have twenty (20) days after receipt of the abstract to examine the same and to deliver written objections to title, if any, to Seller. Seller shall have until the Closing Date to cure title defects, at the Seller's cost. In the event that title to the Property cannot be made marketable by the Seller by the Closing Date, then, at the option of the Buyer, this Purchase Agreement shall be null and void and the Earnest Money shall be refunded to the Buyer. 12. CLOSING COSTS AND RELATED ITEMS. The Seller shall be responsible for the following costs: (1) the cost of the abstract of title or registered property abstract pursuant to 11 2 deed transfer taxes and conservation fees required to be aid in connection with p �() q P the warranty deed to be given by Seller•, (3) recording fees, conservation fees and deed transfer taxes for all instruments required to establish marketable title in Seller. Buyer shall be responsible for the payment of the following costs: (1) recording tee for the warranty deed to be c,�c:ozsss ., � 8.'2345 -71 J riven by Seller; (2) title insurance premium, if any. Each party shall be responsible for its own attorneys fees and costs. 13. POSSESSION/CONDITION OF PROPERTY. Seller shall deliver possession of the Property to Buyer by 4:30 p.m. on the Closing Date, in the same condition as the Property existed on the date of this Purchase Agreement, reasonable wear and tear excepted. Seller shall remove all debris and all personal property not included in this sale from the Property prior to delivery of possession. Any personal property not removed shall be deemed abandoned, and Buyer shall have the right to dispose of such personal property. Buyer shall have the right to inspect the Property prior to the closing contemplated by this Agreement, for the purpose of ensuring that all personal property has been removed as required. 14. DAMAGES TO REAL PROPERTY. If the Property is damaged prior to closing, Buyer may rescind this Purchase Agreement by notice to Seller within twenty -one (2 1) days after Seller notifies Buyer of such damage, during which 21 -day period Buyer may inspect the real property, and in the event of such rescission, the Earnest Money shall be refunded to Buyer. 15. REAL ESTATE EXCHANGE. Seller may desire to exchange the property for other property of like kind and qualifying within the meaning of Section 1031 of the Internal Revenue Code. Seller expressly reserves the right to assign its rights but not its obligations hwereunder to a qualified intermediary as provided in I.R.C. Reg. 1031(k)(1)(9)(4) on or before the date of closing. Buyer agrees to cooperate with Seller in accomplishing the foreogoing but without cost to the Buyer. 16. DISCLOSURE; INDIVIDUAL SEWAGE TREATMENT SYSTEM. Seller discloses that there IS NOT an individual sewage treatment system on or serving the Property. . 17. CONDITION OF SUBSOIL AND GROUND WATER. Seller hereby warrants to Buyer that during the time the Seller has owned the Property there have been no acts or occurrences upon the Property that have caused or could cause impurities in the subsoil or ground water of the Property or other adjacent properties. This warranty shall survive the closing of this transaction. Seller agrees to indemnify and hold harmless Buyer from any and all claims, causes of action, damages, losses, or costs (including reasonable attorney's fees) relating to impurities in the subsoil or groundwater of the Property or other adjacent properties which arise from or are caused by acts or occurrences upon the Property prior to Buyer taking possession of the same. Seller's agreement to indemnify Buyer shall not merge into the deed and shall survive the closing of this transaction. 18. WELL DISCLOSURE. Buyer acknowledges receipt of a well disclosure statement, which is attached m this Purchase Agreement as Exhibit B. 19. SELLER'S WARRANTIES. Seller warrants that buildings, if any, are entirely within the boundary lines of the property. Seller warrants that there is a right of access to the real ® property from a public right -of -way. Seller warrants that there has been no labor or material furnished to the property for which payment has not been made. Seller warrants that there are CAH141965 4 raRa05 -7i no present violations of any restrictions relating to the use or improvement of the Property. These warranties shall survive the closing of this transaction_ 20. BROKER COMMISSIONS. The Seller represents and warrants that Seller's broker is The Cambridge Group, that Seller has no other broker, and that Seller is responsible for paying any commission due to The Cambridge Group. Buyer represents and warrant to Seller that there is no broker involved in this transaction with whom Buyer has negotiated or to whom Buyer has agreed to pay a broker commission. Buyer agrees to indemnify Seller for any and all claims for brokerage commissions or finders' fees in connection with negotiations for purchase of the Property arising out of any alleged agreement or commitment or negotiation by Buyer, and Seller agrees to indemnify Buyer for any and all claims for brokerage commissions or finders' fees in connection with negotiations for purchase of the Property arising out of any alleged agreement or commitment or negotiation by Seller. 21. NO MERGER OF REPRESENTATIONS, WARRANTIES. All representations and warranties containcd in this Purchase Agreement shall not be merged into any instruments or conveyance delivered at Closing, and the parties shall be bound accordingly. 22. ENTIRE AGRELMENT; AMENDMENTS. This Purchase Agreement constitutes the entire agreement between the parties, and no other agreement prior to this Purchase Agreement or contemporaneous herewith shall be effective except as expressly set forth or incorporated herein. Any purported amendment shall not be effective unless it shall be set forth in writing and executed by both parties or their respective successors or assigns. 23. BINDING EFFECT; ASSIGNMENT. This Purchase Agreement shall be binding upon and inure to the benefit of the parries and their respective heirs,, executors, administrators, successors and assigns. Buyer shall not assign its rights and interest hereunder without notice to Seiler. 24. NOTICE. Any notice, demand, request or other communication which may or shall be given or served by the parties shall be deemed to have been given or served on the date the same is deposited in the United States Mail, registered or certified, postage prepaid and addressed as follows: a. If to Seller: Robert H. Bradley 3630 West Teton Drive Wilson, WY 83014 b. If to Buyer: Brooklyn Center EDA A=: Brad Hoffman 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 25. SPECIFIC PERFORTNIANCE. This Purchase Agreement may be specifically enforced by the parties, provided that any action for specific enforcement is brought within six months • after the date of the alleged breach. This paragraph is not intended to create an exclusive remedy for breach of this agreement; the parties reserve all other remedies available at law or in equity. x4305 - 11 Z) above. written WITNESS WHEREOF, the parties have executed this agreement as of the date SELLER Robert H. Bradley BUYER ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF BROOKLYN CENTER By Its President By Its Executive Director i cig.ass 6 lir2.C5 -71 f • City Council Agenda Item No. 9b • • MEMORANDUM • TO: Michael J. McCauley, City Manager FROM: Charlie Hansen, Finance Director C N DATE: June 12, 1998 SUBJECT: Comprehensive Annual Financial Report for the Year Ended December 31, 1997 Representatives of the City's auditors, Deloitte & Touche LLP, were at the June 10, 1998 City Council work session to present the financial reports and the results of the annual audit. They will return at the July 27, 1998 City Council meeting to formally present the audit results. The Comprehensive Annual Financial Report must be submitted to the State of Minnesota and several other bodies by June 30, 1998. The attached resolution should be passed at the June 22, 1998 City Council meeting to allow reporting by the deadline. The following reports were provided to the City Council for the June 10, 1998 work session. Additional copies will be available at the meeting if needed: s Comprehensive Annual Financial Report Schedule of Federal Financial Assistance Auditor's Letter to the City Council Auditor's Management Letter Included in the agenda packet are the following reports: Resolution Accepting the Comprehensive Annual Financial Report of the City of Brooklyn Center for the Calendar Year Ended December 31 1997 Ratifying Y fy g Interfund Loans, and Writing Off Uncollectible Accounts Responses to the Auditor's Management Letter An additional provision on the resolution accepting the report is the authorization to write off a receivable in the Capital Improvements Fund from Bituminous Consulting, Inc. This receivable for $30,684 originated in 1995. A extraordinary combination of errors by several different staff members in two departments resulted in a double payment to Bituminous. Procedural changes in both the Engineering and Finance Departments have • been implemented to reduce the chance of a reoccurrence as much as possible. An honest contractor would have returned the double payment as soon as they received it. Bituminous was in financial difficulty and chose the keep the money. The double payment • was discovered later in 1995 by staff. A demand for repayment was made to Bituminous, but they refused. City Prosecutor William Clelland reviewed legal options. The amount involved was large enough to justify felony prosecution. However, felonies must be prosecuted by the Hennepin County Attorney's Office and they declined to prosecute. Mr Clelland could only have prosecuted for a misdemeanor and it was felt that would not be effective. A civil lawsuit was filed instead by Kennedy & Graven. This helped to drive Bituminous and its owner into bankruptcy. There is a remote chance that some property of Bituminous or its owner may become available to pay debts in the future. If that happens, the City will pursue recovery. In that situation, the City would be one of many creditors with total claims far exceeding any assets. Collection efforts would not be hindered by the action of this resolution to write off the receivable. When the bankruptcy proceedings finally concluded in 1997, a claim was filed under the City's insurance policies with the League of Minnesota Cities Insurance Trust. While the policies provide protection against many types of crime and fraud, this particular case was not covered. • At this point, it appears that all reasonable avenues of recovery have been exhausted. The only practical action is to write off the receivable. • Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION ACCEPTING THE COMPREHENSIVE ANNUAL FINANCIAL REPORT OF THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR ENDED DECEMBER 31, 1997, RATIFYING INTERFUND LOANS, AND WRITING OFF UNCOLLECTIBLE ACCOUNTS WHEREAS, the City of Brooklyn Center is required by state law and City Charter to annually produce audited financial statements by June 30; and WHEREAS, the attached financial statements have been audited by Deloitte & Touche LLP as required; and WHEREAS, the City Charter gives the City Council the power to make interfund loans as may be deemed necessary and appropriate. WHEREAS. The City Manager has reported the Bituminous Consulting, Inc. accounts receivable is not expected to be collected due to staff and attorney efforts being exhausted. With the adoption of this resolution, the account will be removed from the accounts receivable records and charged off as an expenditure. NOW, THEREFORE, BE IT RESOLVED by the City Council of the ,City of Brooklyn Center, Minnesota as follows: 1. that the Comprehensive Annual Financial Report of the City of Brooklyn Center for the Calendar Year ended December 31, 1997 is accepted. 2. that the interfund loan balances as displayed in Note 9 on Page 43 of the financial report are hereby approved and ratified by the City Council. 3. that the accounts receivable in the Capital Improvements Fund from P P Bituminous Consulting, Inc. be written -off as uncollectible from the City's records. Date Mayor ATTEST: City Clerk • RESOLUTION NO. The motion for the adoption of the foregoing resolution was duly econded b member Y Y , 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: Charlie Hansen, Finance Director G 1 i DATE: June 5, 1998 RE: RESPONSES TO THE AUDITOR'S MANAGEMENT LETTER At the June 10, 1998 City Council work session, Cliff Hoffman of Deloitte & Touche will make a presentation on the audit of city operations for the year 1997. He will review several reports, including a Management Letter which makes recommendations regarding administrative and operating issues. The City Council will be asked to formally accept the Comprehensive Annual Financial Report and related reports at the June 22, 1998 City Council meeting. This memo provides the Management Responses to the Auditor's Management Letter. GOVERNMENT FINANCE OFFICERS ASSOCIATION BEST PRACTICES: Discounts The staff proposes to calculate the discount on sewer services for senior citizens and report it to the City Council as part of the annual utility rate study. A discussion of the rational behind the discount and a review of the discount compared to actual costs can be held as part of the utility rate study. CUSTOMER SERVICE REORGANIZATION: As identified by the auditors, the proposed customer service reorganization does eliminate the segregation of duties in several functions. Segregation of duties is an important component of the City's system of internal controls. The purpose of internal controls is to provide a reasonable, but not absolute, assurance that the City's assets are protected from loss due to error, fraud, misappropriation, theft, or other cause. The cost of maintaining the internal control should not exceed the probable value of the loss it is seeking to prevent. The internal control problems basically were divided into four areas. Compensating controls were identified in three of the four areas as follows: • Personnel from the Assessing Department will not be assigned to work at the customer • service counter during the approximately two months each fall when the largest volume of special assessment prepayments is received. • Reports of all building type permits will be run off the financial system and the permits and inspections system and will be periodically compared by the Building Official to detect omissions. Specific procedures for this need to be developed. • A "lock box" service will be contracted with to receive all utility billing payment delivered through the U. S. Mail and deposit the payments directly to the City's bank account. The presumption is that increased interest earnings from faster deposit of utility payments will offset the cost of the lock box service. • Utility payments from customers who either hand carry the payments into City Hall or leave them in the drop box will still be rung up at the customer service counter. If the Utilities Technicians are assigned to work at the counter, they will routinely have access to both the customer payments and the customer records. No compensating control has been identified for these incompatible duties. D'AMICO CATERING: Negotiations continue with D'Amico Catering for a contract renewal, including several accounting and financial control issues. • YEAR 2000: Planning for the year 2000 has primarily centered on the City's data processing operations. This should be expanded to all areas of city operations where there may be equipment which is sensitive to the date change. ACCOUNTING AND REPORTING FOR INVESTMENTS: Reporting changes for the City's IRS Code Section 457 deferred compensation plan were made in the 1997 Annual Financial Report. Changes to report investments at fair market value will be made in the 1998 Annual Financial Report. FINANCIAL REPORTING MODEL: The staff will be monitoring the requirements of the new reporting model as they are finalized and will prepare to implement them on the required date. • City Council Agenda Item No. 9c • BOSSAUDT CORPORA Frc1essional Corr. +trrrrtivn Rlunas ers June 10, 1998 City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 ATTENTION: Mr. Mike Mc .antsy RE: FIRE STATIONS EAST/WEST AND POLICE STATION PROJECT STATUS Dear Mike: Pursuant to our meeting on Wednesday May 27, 1998, I am writing you with an update of the above mentioned projects. As reviewed in the Design Development Budget Meeting, the Projects are tracking on target with the referendum. We will review the Construction Documents one more time at the end of June and produce a. Construction Document Final Estimate. I believe both architectural firms did an excellent job keeping track of designing in relation to the budget. We will begin our bidding process in July and are counting on the construction industry to remain competitive. The start of the construction for the projects has moved out to early September due to the delivery of the precast concrete. As you were aware, Spanerete Concrete Products was on strike and settled the contract on May 17, 1998, with production to be in full swing by May 26, 1998. We have received delivery dates from Spanerete for the erection of precast to begin at the Police Station on October 26, 1998, and the Fire Station West to begin on November 2, 1998. Each project will take two weeks to erect. We are in the process of reworking the construction schedule to reflect these dates and keep the ten -month construction period within our contract. We hope that mother nature will not severely impact the project since the closure of the building will be six weeks later than planned. The original delivery date of September 15, 1998, incorporated precast into the bid proposal. 7400 Aletro Boulevard • . Suite 400 • Minneapoli+, ALL - 54F 9 -'3 • (613 1831-5408 • (800) 290 -0119 • Fax t612) 331 -1368 5 060 City of Brooklyn Center June 8, 1998 Page Two The Design Development Budgets presented to you at our meeting included allowances for winter construction ( heat, heaters, temp enclosures, snow removal, etc.). We anticipate the projects to be enclosed and contractors working inside by mid - November 1998. The Design Development Budgets were completed and reviewed with each Architect prior to the revised dates from Spancrete. The budget for winter construction fell within the realm of the referendum budget for construction of the projects. As per our discussion, we will carry these dollars forward into the Construction Documents Budget and the start of the project construction. With the labor strike being an unforeseen and uncontrollable condition that can potentially impact the schedule and additional winter costs, I feel we should set aside additional funds from the contingency at this time to avoid any cost impact at a later date. As we prepare the Construction Document Estimate, we will identify additional winter allowance and address this issue with you at the review of the Construction Document Estimate. Enclosed is an updated schedule for bidding and the start of construction. You will note the earliest start of construction is September 1, 1998, for the Police Station with both Fire Stations starting ne week after. We are still anticipating a ten -month construction duration g P g from the start of the olice. facility. tY . Yours very truly, (D � a Dave Hanson Project Manager DH Jb Enclosures cc: Jane Chambers Paul Mickelberg Al Mjorud Chuck Lentz Joe Tarlizzo 9717A,B,C • Activity I Orig Start Finish 1998 JUN JUL I au t 3 Description Dur I - VU t I NUV U X 15 22 29,6 ,13 211.111 2/ 3 ,1U If 94 1 j 14 21 Zb,b 12,19 ZfS 9 15 ;23 0 • LICE STATION 74rcn *Arch. Complete 95% Const. Docs. Const. Docs. Cwner1Arch1CMConst. -- 10'15JUN98 - 26JUN98 - 70wner/Arch/CM Const. Doc. Re view rl . Review f Bid Docs. 3'26JUN98 - 30JUN98 LVWPrint Bid Docs. Adverti B Ids 0 +Advertize for Bids Bid - 0'01 - JUL98 — *Bid Does. Available Bid Pbriod­ - 1 - 6 - 01JUL9& 22UUL98 ,10ENNEWBid Period -GpenBids *Open Bids C6h UtAU(396 LmmonwContractor Review C i tY O1J FXW CT i tiCa I -- G - 2 TJ U L 9 6 1 +City Council Awards Critical Cont. Contract material Expediting 18;2[JUL98 19AUG98 Material E city Council Awards 0 1 UAUG98 J *City Council Awards Remaining Contracts Remaining Contracts Mobilization/Const. 12 17AUG98 Ul btH98 z3annoWMobilization/Const. Set-up/Fence, etc. Set-up/Fence, etc. Begin Construction U: 011 bi:-P98 +Begin Construction -FIRE STATION EAST & WEST 0 U!! *Arch' Complete 95 Docs. Const. Docs. uwner/Arch./(;M Const. 8 ZUJUL98 i29JUL98 Z300WOwner/Arch./CM Const. Doc. Review Doc. Review Print Bid Docs. 3 29JUL98 31 JUL98 LVPrint Bid Docs. ertize for Bids 0 03AUG981 �Advertize for Bids 4 0.01 Available U U3AUU98 +Bid Docs. Available Bid Period 13 03AUG98 19AUG98 2pooloWnid Period Open Bids 0 19AUG98: ♦Open, Bids Contractor Review 13 19AUG98 04SEP98 3mmmiiiiwcontractor Review City Council Awards Critical 0 24AU(398 *City Council Awards Critical Con : tract Contract Material Expediting 20 24AUG98 1 BSEP98 I Material Exped Mooilizationluonst. 20 24AUG98 183EP911 /mmimmmowMobilization/Const. Set-up/Fence, etc. Set-up/Fence, etc. Begin Construction 0 073F *Begin Construction City Council Awards U 14SEP98 I *City Co uncil Awards Remaining Contract Remaining Contracts � Stan 04JUN98 )NM7 Early Bar SCBI Sheet I of 1 t Finish Progress Bar BOSSAROT CORPORATION Data Date 04JUN98 O Critical Activity Plot Date 10jUN98 BROOKLYN CENTER BID SCHEDULE POLICE & FIRE STATION PROJECTS Q Primavera Systems, Inc. • City Council Agenda Item No. 9d • City of Brooklyn Center Agreat place to start. Agreat place to stay. • MEMORANDUM TO: Mayor Kragness, Councilmembers Carmody, Hilstrom, Lasman, and Peppe FROM: Michael J. McCauley, City Manager DATE: June 16, 1998 SUBJECT: Set Date and Time of Special Meeting at Brookdale At the June 8, 1998, Council meeting, the Council set June 29 and June 30 for a special meeting at Brookdale Community Room to view the Brookdale redevelopment plans and video. Mr. Jim Schlesinger of Talisman requested rescheduling of this meeting due to a conflict. Monday, July 6, 1998, at 7 p.m. is proposed as the date for this meeting. The necessary action by Council is a motion to cancel the June 29 and June 30 meetings and reschedule the special meeting for Monday, July 6, 1998, at 7 p.m., Brookdale Community Room. 6301 Shingle Creek Pkwy, Brooklyn Center, WA T55430-2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD _Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer City Council Agenda Item No. 9e June 9, 1998 MEMO TO: Michael J. McCauley FROM: Jane A. Chambers SUBJECT: Spraying for Algae on Middle Twin Lakes The City Council had asked that the City arrange for spraying for control of algae for property owners along the Middle Twin Lakes shore line, within the city limits of Brooklyn Center. This spraying was to take place along with the spraying that the city has typically done for Upper Twin Lakes. It should be noted that this issue is about algae spraying, which we are advised must be done to the entire lake area to be effective. Spraying for algae should not be confused with the more localized spraying for purple loose strife, which the city stopped doing in the early 1990's, and which can be limited to shore line areas. The City stopped doing that kind of spraying because the state or the county advised us to stop. As staff attempted to implement the spray request by obtaining a permit from the DNR, we found the following difficulties: • Staff members of both Lake Restoration ( company that completes our spraying) and t P Y P DNR have advised that it is a waste of funds to spray only the Brooklyn Center shoreline on Middle Twin Lake. They advise that the entire lake must be treated. The DNR staff member indicated he is not certain he would approve a permit for only the shoreline spraying. • In order to treat the entire Middle Twin Lake, we will need to obtain approval of 50% of the property owners, some of whom reside in Crystal and Robbmsdale. Recommendation: Spraying for Upper Twin Lake can take place this season, as signatures for this area have been obtained. New signatures will be required in order to spray Upper Twin in 1999. Because the Watershed district will be looking at the issue of spraying both Upper and Middle Twin Lakes and because of the intensive use of staff time and resources needed in order to try to get Middle Twin Lake sprayed this year, it is recommended that the City wait for the Watershed recommendations on the issue and withhold efforts to spray Middle Twin this season. Watershed recommendations should be received in time for consideration of the issue prior to next year's spray season, and then staff can implement whatever direction is determined to be the most appropriate for the area. City Council Agenda Item No. 9f 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: June 18, 1998 SUBJECT: 1) Resolution Amending Personnel Rules and Regulations Regarding Official Holidays 2) Resolution Amending Personnel Rules and Regulations Regarding Benefits During Probationary Period There are two changes in the Personnel Rules and Regulations that are being recommended. The first recommendation comes from the Employee Action Committee. The committee surveyed regular, non - union, full -time employees regarding the Columbus Day holiday. The results of the survey, as indicated in Ms. Knutson's memorandum, indicate a preference to have a floating holiday rather than take Columbus Day off. I would concur in this recommendation. The results of switching Columbus Day to a floating holiday will result in one more work day during the course of the ear during which City Hall will be o provide services to residents. The net number of Y g tY open to P days off available to each employee will not change by this switch, though the number of days as indicated during which City Hall is open for service will increase by one during the year. I am also recommending another change in the Personnel Rules and Regulations for probationary, non -union full -time employees. mp oyees. That change would be to allow the use of accrued vacation as earned, rather than requiring a person to complete their probationary period before using their vacation. If an employee did not successfully complete their probationary period, they would still be paid for the vacation days. When a new employee starts, it is not unusual for them to need to take a day off during the initial six -month period. The current policy does allow department heads, with my approval, to grant the use of vacation during the probationary period. I feel that it would be beneficial to allow department heads to approve vacation, consistent with departmental needs, for probationary employees during their probationary period. In recruiting new employees, it is not reasonable for them to be in the situation where they cannot take any vacation (i.e., during the summer). Since the City would be liable for the vacation time accrued during the probationary period in any event, there is no gain to the City and there is a detriment to the employee. 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 _9ctionlEqual Opportunities Employer PP P City of Brooklyn Center Agreat place to start. A great place to stay. MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: June 15, 1998 SUBJECT: Employee Action Committee Recommendation Regarding Columbus Day Holiday The Employee Action Committee is comprised of City employees representing each of the City's departments and divisions. The committee meets once a month to review and discuss employee - related issues, concerns, or suggestions and refer its recommendation to the City Manager. Earlier this year the committee received a suggestion regarding the Columbus Day holiday, specifically whether the holiday could be exchanged for Christmas Eve day. The committee reviewed this request, and it was consensus to survey the employees to determine their wishes. The committee also believed it would be beneficial to include a choice of exchanging the Columbus Day holiday for either Christmas Eve day or a second floater. In April a survey of all full -time, non -union employees was conducted to determine if there would be interest in exchanging the Columbus Day holiday for either Christmas Eve day or a second floating holiday. At its April 7, 1998, meeting, the Employee Action Committee reviewed the results of the survey and, based on the results (attached), recommends the City exchange the Columbus Day holiday for a second floater. In December 1997, the City Council adopted the Personnel Rules and Regulations, which includes a section on official City holidays. In order to implement the holiday change, the manual needs to be amended to remove the Columbus Day holiday and add a second floater. Attached is a Council resolution which amends the Personnel Rules and Regulations and also the amended section from the manual. If approved, it is recommended this change be effective July 1, 1998. Approval would also result in City Hall being open for business Columbus Day 1998. Attachment 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Communitv Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer Columbus Day Holiday Survey is April 1998 All frill -time, non -union employees were surveyed to determine the interest in exchanging the Columbus Day holiday for either Christmas Eve or a second floater. 80 surveys were distributed. 63 surveys were returned as of Monday, April 13. The results of the survey are as follows: Columbus Day 15 Christmas Eve 15 Second Floater 29 Columbus Day and Christmas Eve 2 Columbus Day and Second Floater 1 Columbus Day OR Second Floater 1 Christmas Eve OR Second Floater 1 TOTAL 63 Member introduced the following resolution and moved e its adoption: RESOLUTION NO. RESOLUTION AMENDING PERSONNEL RULES AND REGULATIONS REGARDING OFFICIAL CITY HOLIDAYS WHEREAS, on September 8, 1997, the City Council adopted Resolution No. 97- 161, Resolution Adopting Personnel Rules and Regulations; and WHEREAS, it is the desire of the City employees to exchange the Columbus Day holiday for a personal floating holiday; and WHEREAS, Section 8.1 of the Personnel Rules and Regulations defines official City holidays. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the amendment to the City of Brooklyn Center Personnel Rules and Regulations attached hereto and incorporated herein by reference as Exhibit "A" 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. • Exhibit A PERSONNEL RULES AND REGULATIONS s Current Language SECTION 8 - LEAVE BENEFITS 8.1 Official City Holidays Columbus Day Second Monday in October One Personal Floating Holiday (See description below) 8.2 Personal Floating Holiday - Regular Full -time Employees Employees have one eight hour personal floating holiday per year which is taken off as a lump sum at the employee's discretion, unless staff and City Manager agree otherwise to collectively arrange to take the personal floating holiday on the same day. The personal holiday must be used within the calendar year or lose it. • • 1 Exhibit A PERSONNEL RULES AND REGULATIONS Proposed Changes to Language (Strikeout indicates matter to be deleted, underline indicates new matter.) SECTION 8 - LEAVE BENEFITS 8.1 Official City Holidays 8ne Two Personal Floating Holidays (See description below) 8.2 Personal Floating Holiday - Regular Full -time Employees Employees one a car w hi el t i s t,.,...._ o f+ a i3n, ui staff aftd Gity Manager agree otherwise to T fn s per3 g 1v day. T he personal 110114C1y 1114J1, be ttse��tt - the eft ycar 3r 13ic it. Emplo yees rece two personal floating holidays pe r calendar year to be used as follows: 1. Regular full time employees. employed as of January 1 of each year. shall have one eight (8) hou personal floating holid to be used within the calendar year. Such floating holiday shall be taken at the emplovee's discretion upon approval of the emnlovee's supervisor. The floating holiday must be taken as a whole day off and may not be used in partial days. The personal holiday must be used within the calendar year or it will be lost. 2. Regular full time employees. emploved as of July 1 of each year. shall have one eight W hour perso floating holidav to be us ed within the period July 1 through December 31 of that year. Such floating holiday shall be taken at the emplovee's discretion u pon approval of the employee's su pervisor. The floating holiday must be taken as a whole day off and may not he used in nartial days. The personal holiday must be used within. the period July l through December 31 of the year in which it is received or it will be lost. • Member introduced the following resolution and moved ® its adoption: RESOLUTION NO. RESOLUTION AMENDING PERSONNEL RULES AND REGULATIONS REGARDING BENEFITS DURING PROBATIONARY PERIOD WHEREAS, on September 8, 1997, the City Council adopted Resolution No. 97- 161, Resolution Adopting Personnel Rules and Regulations; and WHEREAS, the City Manager has recommended a change in the Personnel Rules and Regulations regarding vacation benefits during probationary period; and WHEREAS, the proposed change is reasonable and proper; and WHEREAS, Section 3.6 and 8.3 (2) and (3) of the Personnel Rules and Regulations defines vacation benefits for probationary employees. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the amendment to the City of Brooklyn Center Personnel Rules and Regulations attached hereto and incorporated herein by reference as Exhibit "A" 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. Exhibit A PERSONNEL RULES AND REGULATIONS S Current Language b t� SECTION 3 - RECRUITMENT/EMPLOYMENT 3.6 Benefits During Probationary Period Sick and vacation leave will accrue during the initial probationary period. Sick leave may be used as earned, however, vacation may not be used until after the first six months of employment. In rare cases, the Department Head may recommend to the City Manager to approve the use of vacation leave during probation. Promoted employees who serve a probationary period are eligible to use their sick and vacation leave accrued during the probationary period for the promotional position. I SECTION 8 - LEAVE BENEFITS 8.3 Vacation Leave - Regular Full -Time Employees 2. Probationary Period No accrued vacation may be taken during the first six- months of the probationary period for newly hired employees. Vacation begins accumulating in accordance with date of hire. • 3. Usage Vacation leave may be used as earned after the first six months of employment, except that the City Manager shall approve the time at which the vacation leave may be taken. Exhibit A 0 PERSONNEL RULES AND REGULATIONS Proposed Changes to Language (Strikeout indicates matter to be deleted, underline indicates new matter.) SECTION 3 - RECRUITMENT/EMPLOYNIENT 3.6 Benefits During Probationary Period Sick and vacation leave will accrue during the initial probationary period. Sick and vacation leave may be used as earned under the same conditions as applicable to non - probationary emnlovees., hu,.;,vc:, azzilioa :xay-tt&t-bc u3% uaatil aver — the first. Six tn onth3 J. eftlPlOyffl I i1 fa! efi3C3, t h,; Di fulfagcr t @ �tz3c V. Jac&�,161 lcavc dunag probation. app r ove Ptettteil d ci..tav' vv riots arc c'' to • , `llcii 3iE'k Md vaeftti3a L ave t , the probationary period for the i1 c't SECTION 8 - LEAVE BENEFITS 8.3 Vacation Leave - Regular Full -Time Employees 2. Accrual No aeerttedvtteett may be takett durin the first six months of the probationat period -€er nzwly hired employees- Vacation begins accumulating in accordance with date of hire. 3. Usage Vacation leave may be used as earned after the f 3ix mc,ra -ef emplayment, except that the City Manager shall approve the time at which the vacation leave may be taken. City Council Agenda Item No. 9g MEMORANDUM • TO: Michael J. McCauley FROM: Jim Glasoe y SUBJ: Citizen Input Improvements DATE: June 17, 1998 At their meeting last evening, the Parks and Recreation Commission once again took up the issue of citizen notification and input solicitation relating to playground equipment replacement. In addition, they discussed the process for citizen input relating to the recent modification of the Comprehensive Plan's park classification system. In reviewing the input issue, a couple of items were identified as important by the Commission. The Commission felt that one of the keys to citizen input was making it convenient for the residents. They felt that self addressed, stamped envelops may promote a better return of surveys. In addition, they felt that surveys, general information and meeting notices should be disseminated through a variety of media, (newsletter, newspaper, cable television) so that it will be seen by as many residents as possible. After much discussion, the Commission unanimously passed a motion recommending to the City Council that the attached plan for citizen input regarding the long -term parks capital plan and specific park improvements be instituted. Their recommendation also advised staff to use the most cost effective means available (city newsletters, cable television, utility bills, flyer drops) to let residents know these meetings will be held. In addition, the Commission's recommendation included a request that a direct mailing be made to residents within two blocks of the park to be improved within one week of the proposed meetings. If you have any questions regarding the recommendation, or would like additional information, please call me. cc: Parks and Recreation Commission File Public Review of Long -Term Parks Capital Plan • Public Input Into Specific Park Improvements The Comprehensive Plan includes a modification of the park classification system. It is the modified classification system on which the Capital Improvement Program is based. So as to gain public understanding of and input into long -term improvements, and also to enhance opportunities for public input regarding specific projects, the following is proposed: 1. Review of Long -Term Capital Improvement Strategy The Park and Recreation Commission could consider hosting three neighborhood meetings, on the evenings of their regularly scheduled September, October, and November meetings. A report to the Council would be prepared by staff reviewed by the Commission prior to the public hearing on the CIP scheduled for December 14, 1998. The nei meetings would generally consist of: • a short report about the classification system and what that means for the various parks, and • a review of the proposed improvements in the CIP. Neighborhood input on a general outline of proposed park improvements. • Neighborhood input on specific park improvements. • Neighborhood input on recreation and facility gaps. The presentations would cover park facilities, the Community Center, the trail system, and recreation offerings. Attending the meetings would be DPW and DCARS, program supervisors, the PW Specialist, the PW Superintendent, and the Street and Park Maintenance Supervisor. Suggested locations are: Evergreen School, Garden City School, and Northport School. A fourth meeting could possibly be held at the Community Center, perhaps on a Saturday. Meetings would be publicized in the newsletter and the Post and fliers would be sent home with schoolchildren. 2. Public Input on Specific Improvement Projects In the early spring of each year, the upcoming park improvements would be publicized in the newsletter. A survey form could be stuffed into the newsletter. Fliers could go home with school children attending the schools nearest the improvements. The Park & Recreation Commission could host a meeting, say in April, whereby additional public input would be taken to refine results gathered at Fall meetings. City of Brooklyn Center A great place to start. A great place to stay. To: Mayor Kragness and Council Members Carmody, Hilstrom, Lasman and Peppe From: Michael J. McCauley City Manager Date: June 18, 1998 Re: Addition to Agenda The attached grant approval was not received in time for the regular packet assembly. I will ask to add it to the agenda on Monday night. 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 MEMORANDUM DATE: June 18, 1998 TO: Michael J. McCauley, City Manager FROM: N Jim Glasoe, Director of Community Activities, Recreation and Services SUBJECT: Resolution Authorizing Grant Application to Minnesota Amateur Sports Commission During the past few months, Community Activities, Recreation and Services staff have been working with the Brooklyn Center Community Education Department and a local parent organization to develop a youth basketball program for the community. Recently, we became aware of potential grant funding that was available for this type of programming through the Minnesota Amateur Sports Commission (M.A.S.C.) • A stipulation of the grant application requires the local government applicant to execute a resolution authorizing filing of the application and execution of any final agreements with the (M.A.S.C.) As the deadline for application submission is June 30, it necessitates City Council consideration of this resolution at their June 22 meeting. Our grant application requests $2,350 for a program to be run during the 1998 -99 school year. As this application is less than $2,500, it will require no local match. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING GRANT APPLICATION TO MINNESOTA AMATEUR SPORTS COMMISSION WHEREAS, the Minnesota Amateur Sports Commission (MASQ, via the State General Fund, provides funds to assist political subdivisions of the State of Minnesota for the development of youth sports and recreation programs; and WHEREAS, the City of Brooklyn Center desires to develop a youth basketball program for the community. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Estimates that the cost of developing said program will be $2,350 and the City is requesting $2,350 from the State General Fund. 2. That the City Manager and /or City is authorized and directed to execute said application and serve as official liaison with the Minnesota Amateur Sports Commission. 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.