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1998 08-24 CCP Regular Session
Public Copy ® CITY COUNCIL MEETING City of Brooklyn Center August 24, 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. -Ed Nelson 3. Call to Order Regular Business Meeting 4. Roll Call 5. Council Report 6. Appearance -Pat Weitzel Regarding Neighborhood Efforts to Reduce Freeway Noise 7. Approval of Agenda and Consent Agenda -The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes - Councilmembers not present at meetings will be recorded as abstaining from the vote on the minutes. 1. Regular Session - July 27, 1998 2. Regular Session - August 10, 1998 3. Work Session - August 17, 1998 b. Licenses C. Approval of Application for Temporary Beer License from St. Alphonsus Church on September 20, 1998 CITY COUNCIL AGENDA -2- August 24, 1998 d. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees e. An Ordinance Providing for the Sale of Mn/DOT Turnback Property Adjacent to 65th Avenue North -This item relates to the Regal Theater development and is presented tonight for a first reading. f. An Ordinance Vacating Portions of North Lilac Drive, Camden Avenue North, and 65th Avenue North -This item relates to the Regal Theater development and is presented tonight for a first reading. g. An Ordinance Vacating a Portion of a Utility and Drainage Easement in SUPERAMERICA ADDITION -This item relates to the Regal Theater development and is presented tonight for a first reading. • h. An Ordinance Providing for the Sale of Certain Real Property of the City -This item relates to the Regal Theater development and is presented tonight for a first reading. i. Resolution Establishing Improvement Project Nos. 1999 -01, 02, and 03, Southeast Neighborhood Street, Storm Drainage, and Utility Improvements 8. Public Hearings a. An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Regal Theater) -This item was first read on July 27, 1998; published in the official newspaper on August 5, 1998; and is offered this evening for a public hearing and second reading. - Requested Council Action: -Open the public hearing. -Take public input. - Motion to continue public hearing to September 14, 1998. 9. Council Consideration Items a. Proclamation Declaring the Week of September 17 through 23, 1998, as Constitution Week • - Requested Council Action: - Motion to adopt proclamation. CITY COUNCIL AGENDA -3- August 24, 1998 b. Proclamation Declaring August 28 through 30 to be United Way Weekend -Requested Council Action: - Motion to adopt proclamation. C. Resolution Electing to Continue Participating in the Local Housing Incentives Account Program Under the Metropolitan Livable Communities Act for 1999 -Requested Council Action: - Motion to adopt resolution. d. Report on Buyer Recourse on Housing Purchase - Requested Council Action: -City Manager will provide a verbal update. C. Earle Brown Heritage Center Construction Update - Requested Council Action: - Approve preliminary design for parking lot and improvements. f. Award Bids for the Police Building - Requested Council Action: - Motion to award bids for the police building. g. Update on 69th Avenue - Requested Council Action: -City Manager will provide a verbal update. h. Ground Breaking of New Police and Fire Stations for September 1, 1998, at 8 a.m. - Requested Council Action: - Motion to set ground breaking for new Police and Fire Stations on September 1, 1998, at 8 a.m. i. An Ordinance Amending Chapter 23 of the Brooklyn Center Code of Ordinances, Relating to the Regulation of Pawnbrokers and Secondhand Goods Dealers - Requested Council Action: Options: 1. Direct staff on revised ordinance. 2. Motion to approve first reading of ordinance and set date of September 14, 1998, for public hearing and second reading. • CITY COUNCIL AGENDA 4- August 24, 1998 j. Update on Code Enforcement - Requested Council Action: -City Manager will provide a verbal update. k. Resolution Authorizing the Execution of a Right of Way Agreement With Hennepin County for Improvement Project No. 1999 -04, Brooklyn Boulevard from 64th Avenue to 71st Avenues - Requested Council Action: - Motion to adopt resolution. 10. Adjournment L tf-� Y-0 Pe r n tt a--e ee. -71 / ray ACCUST I CAI. SURVSY SHEET Survey Crew : /' //rPlvPy J ' quipment Typ= Metering Unit 2331 `licrophone 4153 Calibrator 4230 Location / Spatd Lini t Site Location Z- Alw o Sk etch Plan YlaMr' ::: .................. .. ; ...... ............:.................. :: }. ,. :i: :;: :I: :f: :i• :i •j• :. ,. • i: :i: : }: :f: {• .l •f• ..•.... ...• ............ ....... :.............................. ................. ... ..............:i:.............. :�:....... :; :t: ,. :: :;: .,. :: }. :;: ;• :i: { :: ;: ;; :;: �t :;: # :i. :f: :i: .. ,. }• ,. ,• ;. :f: ... 7t: :t' .�, .... 't' :t: .. .,. :f: .. ....•..:f :................. :f; :F: . ....... ....... . . ....::: .. . . a:::::::::f:...... } ................... ........... :i......... ....... : ,. ,. . }. ... . }. •�• : •,• 4 :f: F' s• {{ :: ;F: : ;: '' :;: :i: :;: :i : �• ,F' - ACCUSTICAi_ SURVEY Si1EET Survey Crew: ^ui ment A Tyo• ".eterinq Unit 2?31 `ticrophcn• 4153 Calibrator 423p Location S. 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SURVEY SHEET Survey Crew: auipment Typt e ► j � `:etering Unit 2231 Z n s U "iicrcphon� 4153 Calibrator 4330 Location S.P./C.S. s Llnl t Site Location ` -- Sketch Plan Ylerr ...... :: ...; .....,;......:::..:f:.... .::::..:;:::::::,:....... r:..... �:..::::::... ; it .3 ' T } : :i ... �`"'''!•1:.�,;�{' : � : : ii i : : i : ............ • ff :i• {• •i: i .i. ::: .. ... i. •3. + :e j •f• .......... ...... ........ ....... ...................:.. .....:.. ......: .•.• •.•• :i: .,......... , .,..,...... • l: j . . :1 .,. .,. .}. :j .j: 3- t• f • i: • : J •t .i, •t• •f t• :: t :f �• 111 , ..... •1, r ,...:: : . }. }: SS ..•l. . a ' :i: .1. • t' : :i :i: -r o. �i� .1. .,. 'j: : .3; :i• •t .l: •i• +{{ ® J, :i: :t: t :i :i: ..lam.... :1. { :1:.... .......•...i.........t........ ? :i: s :;: 1. ,. :: f. #. :i ;• ;. 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't' . • City Council Agenda Item No. 6 s • • I- 94/694 Noise Reduction Request We, the residents who live directly south of I- 94/694, between Brooklyn Boulevard and Noble Avenue North (Orchard East Area) Brooklyn Center, Minnesota are asking or our support with g y pp our endeavor in g re uestin action to requesting reduce the level of the freeway noise. A core committee has been in contact with our State Representative, Phil Carruthers who has kindly sent letters on our behalf to Jim Denn, Commissioner, Minnesota Department of Transportation and Bill Schreiber, Minnesota Department of Transportation expressing our concerns. FACTS • Interstate I- 94/694 was completed approximately 30 (thirty) years ago. • The freeway surface in this area, for the most part, is the original concrete. • Decibel readings were taken in 1980 / 1981. The residents at that time were informed that the decibel readings warranted the need for a noise abatement wall and the concrete wall was constructed • The volume of traffic has grown immensely with the increase in numbers of people commuting from the Northwest suburbs, an increase in the truck traffic and the opening of I -94 north to downtown Minneapolis. • Initially the noise from the freeway traffic was tolerable, however, with the combination of greatly increased traffic and the deterioration of the freewav surface, the noise has become unbearable. Residents in this area are not able to enjoy being outside in our yards or relaxing on our decks and are unable to totally use their property which we are fully taxed for because of the noise. Thank you in advance for your support ! ! • TABLE 1 -- Noise Abatement Criteria • Hourly A— Weighted Sound Level — decibels (dBA) 1/ Activity Category Leah) L10 Description of Activity Category A 57 60 Lands on which serenity and quiet (Exterior) (Exterior) are of extraordinary significance and serve an important public need and where the preservation of those aualities is essential if the area is to continue to serve its intend— ed purpose. B 67 70 Picnic areas, recreation areas, (Exterior) (Exterior) playgrounds, active sports areas, parks, residences; motels, hotels, school s,` d hurc�es, libraries, and hospitals. C 72 75 Developed lands, properties, or (Exterior) (Exterior) activities not included in Categories A or B above. D -- Undeveloped lands. ® E 52 55 Residences, motels, hotels, public (Interior) (Interior) meeting rooms, schools, churches, libraries, hospitals, and auditoriums. 1 /Either L10(h) or leq(h) (but not both) may be used on a project. The Minnesota Pollution Control Agency's (PICA) standards for noise level control are: TABLE N2 . NOISE LE STANDARDS - - MPCA Classification Land Use Davt".me Noise Level Nighttime Noise Level (7A.M to 10 AM) (10 PM to 7 kM) NAC -1 Residential L10 of 65 dBA L10 of 55 dBA NAC -2 Commercial L;0 of 70 dBA L10 of 70 dBA NAC -3 Industrial L10 of 80 dBA L10 of 80 dBA • U , Phil Carruthers Minnesota State Representative -- House of • D,stnct 478 Brooklyn Center, Brooklyn Park Representatives Speaker of the House COMMITTEES: TAXES WAYS AND MEANS, RULES AND LEGISLATIVE ADMINISTRATION CHAIR: LEGISLATIVE COORDINATING COMMISSION LEGISLATIVE COMMISSION ON PLANNING AND FISCAL POLICY May 11, 1998 Commissioner Jim Denn Minnesota Department of Transportation 395 Jo'- Irelan? Boulevard St. Paul, MN 55155 Dear Commissioner Denn: I have been contacted by a constituent, who is a spokesperson for a goodly number of people in one of the neighborhoods that is in my legislative district. The gentleman is Mr. Tom Gleason, 4418 Winchester Lane, Brooklyn Center, 55429 (535 - 0618). He lives in a neighborhood in Brooklyn Center that is on the south side of 694, just west of Brooklyn t Boulevard. The neighborhood is very upset about the amount of noise coming from 694. There is a noise barrier, but the concrete on 694 is in very bad shape. As a result of it being in bad shape, the noise being generated from the highway surface of 69.1 is v , er% loud. The neighbors are upset about the amount of noise and they would like action taken to ameliorate the noise level. Some have suggested that resurfacing the road may be effective. They are interested in whatever steps can be taken to reduce the amount of noise. Your assistance regarding this matter would be greatly appreciated. Thank you for the assistance of you and your office. Sincerel , i Phil Carruthers State Representative, District 47B cc: Tom Gleason Minnesota Department of Transportation Metropolitan Division R Waters Edge Building 1500 West County Road B2 OF T p Roseville, Minnesota 55113 Tune ?, 1998 The Honorable Phil Carruthers State Representative State Office Building 100 Constitution Avenue St. Paul, Minnesota 55155 -1298 Subject: Noise Concern from Tom Gleason 194 in Brooklyn Center Dear Representative Carruthers: Commissioner Denn has asked me to respond to your letter of May 11, 1998 concerning the noise generated from the tire /pavement interaction on Interstate 94/694. Mn,'DOT has identified that the pavement of 194/1694 in the vicinity of Brooklyn Boulevard is in need of resurfacing. The first stage of the resurfacing project is tentatively scheduled for 2003 • and is part of a larger project that is proposed to add a lane of traffic in each direction to relieve congestion on this section of 194 (1 694/194 to the 1494/194 interchange). I realize that this is a long time to wait. With additional federal funding from the new federal act we will be looking at whether this and other projects can be accelerated. In the 1995 Legislative session, the State Legislature directed Mn/DOT to do a Noise Priority Study on the in place freeways and expressways. Since there is a noise barrier in this location adjacent to 1 94/1694 it was not analyzed as part of this legislative study (see Minnesota Highway Noise Abatement Study, Legislative Report enclosed). If you have any further questions about this section of 194/1694, please contact Tom O' Keefe at 582 -1296. Sincerely, ; Ric and A. Stehr Division Engineer Attachment: Minnesota Highway Noise Abatement Study Legislative Report cc: Commissioner Denn Mr. Tom Gleason An Equal Opportunity Employer .•"' > Minnesota Department of Transportation ) V- Metropolitan Division OF Waters Edge 1500 West County Road B2 • Roseville, MN 55113 June 30, 1998 The Honorable Phil Carruthers, Speaker State Representative, District 47B 463 State Office Building 100 Constitutional Avenue St. Paul, Minnesota 55155 -129S Subject: 194 noise concerns from 'Vlr. Tom Gleason, 441 S Winchester Lane North, and Ms. Pat Weitzel, 441S 66"' Avenue North, Brooklyn Center Dear Representative Carruthers: Commissioner Denn has asked me to respond to your letter of June 6, 1995 concerning the noise generated from 194 and the possibility of resurfacing 194. I share your concern for the noise levels and the effect it has on the residents adjacent to our freeways. We completed an acoustical noise sun'ev (see attacllrnent ) at 441 S Winchester Avenue and 441 S 66"' Avenue on June 23. 199S (located on the south side of the in place noise wall and berm combination). The results of the noise sun ev are: Address Monitored Noise Level Federal Noise Abatement Criteria L10 dBA L10 dBA 441S Winchester 59.5 70 Avenue 4418 - 66" Avenue 65.5 70 1 am also enclosing monitoring data in this area that was done in 199'1. Address Monitored Noise Level Federal Noise Abatement Criteria 1-10 dBA L10 dBA 4500 66"' Avenue 65.5 70 • An e^ual opportunity employer The Honorable Phil Carruthers, Speaker June 30, 1995 Page 2 Decibels are measured in dBA. This means the decibel level (dB) is filtered (A scale) to approximate the range that the human ear can hear. The L 10 level means that during the monitoring period, the monitored level of 59.5 dB was at or above 59.5 dB for 10 percent of the time. Conversely, it was below 59.5 dB for 90 percent of the time. The noise monitoring was done in a relatively calm condition, south east wind at 2 -3 miles per hour which is a neutral condition and a very representative condition for a noise study. The noise walls in this area were designed in the 1970's to be in compliance with the Federal Noise Abatement Criteria (see attachment), the design standard used for all interstate highways. This noise wall is still doing a very adequate jab of reducing the noise levels to be bellow 70 dBA. A project is planned for 194 ( year 2004) to reconstn.ict the pavement through this area. This project may be moved forward to the year 2001 or 2002. We are also doing experiments with various pavement surfaces to reduce pavement noise or at least change the character of the noise to be less annoying to adjacent residents. If successful, the new pavement may help reduce the tire noise when compared to the existing concrete pavement. If there are any questions concerning the noise monitoring or noise levels please contact James Hansen at 582 -1392. For corridors concerns, please contact Tom O'Keefe, project manager for the I ® 94 corridor, at 552 -1296. Sincerely r s 4r Richard A. Stehr Division Engineer Attachments: Acoustical Survev Sheets Federal Noise Abatement Criteria cc: Commissioner Denn Mr. Tom Gleason ,Is. Pat Weitzel ACOUSTICAL SURVEY SHEET Survey Crew: Equipment Type Metering Unit 2231 Microphone 4155 Calibrator 4230 Location S.P.lC.S. r�7��iyZ' Speed Limit Site Location VS70 /j 4 e e A u /V; WA ...................... ........... ......... ........... ......... Sketch Plan View ............ .............. .......... ................ ........ ...... ................. ............ 771 ... . . .......... ... .... ... . .............................. .................... I .................. .. ......... ....... ......... .......... ...... ......... .......... 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F logy Site Location / 7�0 b A Mm- AA V S d 2 Sketch Plan Ylarr (. i .........:....:. ::: :: �: . �i:... ............:.........:........ ..... ...:........................... i ...� ............. :.. :, ..... .......:j:.......1 .,. t , - :i: yi: :(: :;: :: �i: i i ...... ..................:�........ }.. f..... }.... ... ;l:f: :a .�.ii� �.a . . . . . . . . . . t . . i. �. `i` • ..................•...• •i....•....t....•..•.......•... j .....•••/• T�.{ r•. ..•...•...1.•................1. ....... .Y. .1: •f .i. {. : •C' :3: �• }. .............. ....:....... . ........ .....:........ ................ :r.•: .Q.�•1 .i.......... .i..•.....•:....•... 1• .. .� /••••••�i� /. ..�..�. •..... 1•....••.. i.....•.. .i ............................. ........ ........................... . 1•+..�g.. ! .•�.... �. ....... .,. .a'i .1. • {. . {. :i: :�: �: !JJ`` :t: :1 •t• f .. .l. . u� .. ... �• j{ S• . .is .i. 1..... i. :i: • i: . .. ... ... • fit t.. ... •i •t• .s• :i: _ .: . i� is :i: :i: :;: :� �iL .} }. .,. ,. }. :i: ... • iZ :7: :i: :i: .i. ....: o: . .............. ............................... ........................ ;'.. ............................... ......................... :1. :i: 1. • {• t• •t• .1. {: { .. t : }: .......•....... . . ... ... j j .,. .i: {. is .. }. :i: :�: r• :;: .. _ ... ,. : : •i• •t• :i: .. :i: t: .i.. .... . :j: .. .... .. A COUSTICAL SURVEY D ATA Weather: nF��y 0 OJ Ul Temperature: 73 O F O F OF Wind Speed: mph mph mph Wind Direction: > N �Aj > > Microphone Before: 9y / d8 dS dB Calibration time: 16 After: dB dB CIS time:. I + Monitoring Date: Time: 10 X16 Acoustic Levels: 1- : ( , dB(A) 1-10 : dB(A) L10 : dB(A) L : 3 d B (A) L : dB(A) LS0 : d B (A) L" : (�� dB(A) L� : dB(A) L� : dB( L . : (n `� d B (A) L. : d B (A) L, : d B (A) ACCUSTICAL. SURVEY SHEET Survey Crew: Be�Z �uioment T yre "etering Unit 2?31 •`�icro,.hone 4 . 155 Calibrator 423-0 Lccaticn i'A-• Speed Lini t Site Location • Sketch View ...... .:l :.................:::....... . ....... . ...........:...... :........ ....... ..:............................ . �: ;: :s: :i: :l: :j: :: •i• .... .... ............. ........:......... ........ ....... ....... ....... ....... ............... .........:........ .................. ........ ....... ....... ....... ....... ........:......: ... :;: :i: :1: ... :j: .........:........ ....... ....... ........ ........ 111 .. .......... .:.:... . .. : l: :1: :: :: :i. .,. :;: t- •; :.. ...... ........:....::::: 't' :: .3. ! •t• .. •t. . . :1. •[• :3: ®: .. • t • :i: .i: :s: �+: :i. -f- •t• :� . s• �, • • !. i •t• 1 . \. : t =r� !' ,. :;: :I: :: +. :r Wit: .f. •f• is :1 ... ,. _... ; } — : :i: .. .i. . ......- .. ... ...... ........ .... .. . ..... ............. .• . . . .... ... :i: :j: :I: 'f' i• ,. : }: :i: :2: f :I: ' i :[: •i- :i :: :i: :. : :t: : {: : }: :I: :�: F f: :i: : }: ... ''r• :i: .f. .1. :1 •i• :.. :l :;: •i• •1' L: ... •t' ..... ... •t• ,. i. •t• t} I. i. ... ... ......... ..... ..v ...... •� AC OUSTICAL SURVEY DAT 1 2 3 r Temperature: J =F °F °F Wind Speed: mph mph mph Wind Direction: S > N UJ > > Microphone Before: }g dB d8 dB Calibration time: 1 �� After: � , d3 d8 d8 time:. Monitoring Date: Time Acoustic Levels: L : ��, dB(A) L : dB(A) L : dB(A) L d 8 (A) Lsa : d S (A) L : d 8 (A) d6(A) L� : dB(A) L. : d8(A) R (( A ( L d 8 (Ap L 58 d ' � 8 l ) L d B A eq dB A) nq June 29, 1998 Commissioner Jim Denn Minnesota Department of Transportation 395 John Ireland Boulevard St. Paul, MN 55155 Dear Commissioner Denn: I am writing to you on behalf of a c y f ore committee representing residents of Brooklyn Center, Minnesota who live directly south of the 194/694 freeway in the vicinity of Brooklyn Boulevard. The noise emanated from the intensity and volume of the 194/694 traffic which has increased measurably, has become very disagreeable to unbearable. The majority of the freeway surface in this area is the original concrete which is approximately 30 years old and has deteriorated adding, to the level of noise. The problem is analogous to what homeowners in south Minneapolis face with the International Airport traffic, however they have a respite with patterns of low flight arrivals /departures. Approximately 150 residents in this area have signed 'a petition requesting assistance in whatever steps can be taken to reduce the intensity of the noise. A copy of the handout provided to the residents and the petitions obtained to date are enclosed. A letter was sent to Representative Carruthers ( and a copy sent to you) from Richard Stehr, Division Engineer, Minnesota Department of Transportation 6/2/98 regarding the tentative schedule for resurfacing this area of freeway in the year 2003 and the project proposed to add a lane in each direction to relieve congestion on this secti v c ,� on. Resurfacin g this area ma� decrease the noise some, but adding another lane will only relieve the congestion for those who drive it. It will not reduce the noise level for those parties who live nearby. The noise barrier in place is ineffective as it was built for the traffic levels when decibel readings were taken some 17 or 18 years ago!! To obtain a true perspective of the noise level we respectfully request that decibel readings be taken at various times, other than during a lull time ( ie: weekdays at noon) and as State Representative Carruthers has stated in his letter to you , dated June 6, 1998, particularly when there is a northwest wind. We also would like the results shared with our committee. We are open to any solutions that will reduce the level of noise so homeowners in this area can again enjoy use of their yards and /or decks. Sincerely, Patricia Weitzel cc: State Representative, Phil Carruthers City of Brooklyn Center Core Committee Membership Sylvia Baker 4507 66th Avenue North Brooklyn Center, MN 55429 Tom Gleason 4418 Winchester Lane Brooklyn Center, N1N 55429 Frank Markowski 4513 66th Avenue North Brooklyn Center, N1N 55429 Patricia Weitzel 4418 66th Avenue North Brooklyn Center, MN 55429 • Phil Carruthers Minnesota State Representative H ouse of `-. .jlstrict 47B Brooklyn Center, Brooklyn Park ��Y Representatives Speaker of the House COMMITTEES: TAXES: WAYS AND MEANS: RULES AND LEGISLATIVE ADMINISTRATION: CHAIR: LEGISLATIVE COORDINA T ING COMMISSION: LEGISLATIVE COMMISSION ON PLANNING AND FISCAL POLICY July 9, 1998 Commissioner Jim Denn Minnesota Department of Transportation 395 John Ireland Boulevard St. Paul, MN 55155 Dear Commissioner Denn: Enclosed lease find a letter and attachments I received from constituents of mine, e, including Patricia Weitzel and many other constituents, who have signed a petition requesting MnDOT assistance to reduce noise emanating from Highway 94/694 in Brooklyn Center, near Brooklyn Boulevard. As you can see from all of the signatures on the petition, these residents of Brooklyn Center are very upset with the intense noise generated by I94/694. About 150 residents signed the petition requesting that your department take whatever steps it can to reduce the intensity of the noise. They are requesting that extensive decibel readings be taken at various times (but not during a lull time) and at times when there is a northwest wind. They would like the results of these decibel tests shared with the citizen committee. They also request that MnDOT take whatever steps to reduce the level of noise. I believe the letter and the many signatures on the petition show the intense concern that these citizens have regarding the very loud noise. I ask that MnDOT take steps to undertake the noise studies and to undertake noise amelioration including improvements to the noise barriers and more trees and vegetation. The schedule stated in Mr. Richard Stehr's letter of 6/2/98 calls for resurfacing this area of the freeway in the year 2003. This is on a very slow schedule and I would ask that this be substantially speeded up. 6078 Halifax Place. Brockivn Center Minnesota 55429.24 »0 16121 535 -555' 463 State Office Bwio,ng, 100 Constitution Ave, St. Paul, Minnesota 55'55 1 2 9 (612) 296-3 s Fax 16' 27 296 -8605 TE: , 5121 296 -9896 July 9, 1998 Page 2 These citizens cannot stand this noise for another five years. Thank you for this opportunity to share my concerns and those of residents of Brooklyn Center. Thank you for your assistance. 2i Phers Speak er of the House Enclosure cc: Patricia Weitzel and Steering Committee members • r ,NNESp r, s Minnesota Department of Transportation 9 < Metropolitan Division �1r os 7M fag ® Waters Edge 1500 West County Road B2 Roseviile, MN 55113 July 22, 1998 Ms. Patricia Weitzel 4418 66' Avenue North Brooklyn Center, Minnesota 5429 Subject: Noise concerns from 194/1694 Dear ills. Weitzel: Commissioner Denn has asked me to respond to your letter that we received on July 7, 1996. Thank you for taking time to express your concerns from the noise generated from 194, the monitoring of noise levels and the resurfacing of 19 and the replacement of the current noise wall. Mn/DOT will monitor the noise levels aaain in this area. NIn/DOT, with approval of the Minnesota Pollution Control Agency, monitors from 8:00 a.m. to 1'':00 p.m. and from 1:00 p.m. to 4:30 p.m. These periods of the day have the highest heavy commercial (semi trucks) volumes and the highest speeds , which generate the highest noise levels. As stated in our June 30` letter to Representative Carruthers, copy to you, Nfn/DOT will be resurfacing the pavement with the future proposed project. Mn. will not remove the current noise walls and replace them. The State Legislature gave Mn/DOT a clear priority that areas without noise mitigation measures would receive priority for noise barriers. This is in Chapter 161 Section 161.125, Laws of lvlinnesota for 1996 (see attached Legislative Report). If there are any questions concerning the noise monitoring or the noise levels please contact James Hansen at 582 -1392. For corridor concerns, please contact Tom O'Keefe, the project manager for the 194 corridor at 582 -1296. Sincerely, Richard A. Stehr Division Engineer cc: Commissioner Denn Rep. Phil Carruthers Svlvia Baker Tom Gleason Frank %larkowski An equal opportunity, employer Phil Carruthers Minnesota State Representative :U House of District 47B B=Klyn Center, Brookiyn Park Representatives Speaker of the House COMMITTEES: AXES: VVAYS AND MEANS. PULES AND LEGISLATIVE ADMINISTRATION: CHAIR: LEGISLATIVE COORDINATING CC1M%M!SS �EGISLATIVE 0- ON PLANNING AND F:SCAL POLICY August 10, 1998 -Ms. Pat"'elizel 4418 - 66"' Avenue North Brooklyn Center, 5 Dear Pat: I spoke with the legislative liaison with the Commissioner's office at the Minnesota Department of Transportation. He stated that MnDOT is considering moving up the time frame for making significant improvements to the surface of 694. MnDOT believes that a deterioration in the concrete on 694 is the major reason for an increase in noise levels in recent years. Rather than simply put down a new bituminous surface that within several years would also start to break down, the% are considering doing major reconstruction of the road bed with new concrete pavement to be installed. MnDOT is considering undertaking such improvements in approximate 2000 - 2001, which is substantially faster than the earlier schedule that they have discussed. No final decisions have been made on this. Moreover, there is a process that must be followed of , ettinQ agreement from the Transportation Advisory Board of the Metropolitan Council, which is made up of local officials throughout the metropolitan area, and the Federal Highway Administration. This does take some time to pursue and there is no assurance at this point that the project will be approved. MnDOT is, however, very interested in spec-ding up the process. I also spoke to the legislative liaison as to whIether, improvements could be made in the noise walls or the vegetation in the meantime to help deal with the noise problem. Tile liaison stated that he would send out a work- crew to inspect the walls to see if any improvements can be made. Apparently there are restrictions as to how high they will build the walls because of concern about wind shear. I was told that veaetation i proves to be of Great assistance in reducInL noise. �atz- Ccrs,;tuticr ave. St. Raul. Minnes= Fax 6 1 ® Auaust 10, 1998 Paae I asked the liaison to inform me as to the status of these matters as then work their way through the process. I hope this is helpful to you. Phil Cai thess State Representative, District 4 - 1 7 B cc: Lary Nelson i 07 Phil Carruthers l i'vl i n n e s o t a State Representative House of BrcOKiY1-1 Center. Brooklyn Park Rep 1resen —'zpeaker of the ]-louse C C M M I — i, E E S: - ,AXE S NA rND MEANS. PJL E:S AN L-E G: SLAD AC M I N 1 STRA7 0 N: CHAIR: - EGISLATIVE IN-G -=v1.M!S-'S1CN: LE 31SLAT ;VE C- ON PLANNING AND =iSCA PCL;CY August 10, I998 Ms. Pat Weitzel 4418 1S - 66" Av enue N onh �v Center, MN 55429 Dear Pat: I spoke with the legislative liaison ``with the Commissioner's office at the Minnesota Department of Transportation. He stated that MnDOT is considering moving up the time frame for making significant improvements to the surface of 694. MnDOT believes that a • deterioration in the concrete on 694 is the major reason for an increase in noise levels in recent years. RathC-, than simply put down a new bituminous surface that within several years would also start to break down, they are considering doing major reconstruction of the road bed with new concrete pavement to be installed. MnDOT is considering undertaking such improvements in approximately 2000 - 200 which is substantially faster than the earlier schedule that they have discussed. No final decisions have been made on this. Moreover, there is a process that must be followed of getting agreement from the Transportation Advisory Board of the 'Metropolitan Council, which is made up of local officials throughout the metropolitan area, and the Federal Highway Administration. This does take some time to pursue and there is no assurance at this point that the project will be approved. MnDOT is, however, very interested in speeding up the process. 1 C7 1 also spoke to the legislative liaison as to whether improvements could be made in the noise walls or the vegetation in the meantime to help deal with the noise problem. The liaison stated that he would send out a work crew to inspect the walls to see if any improvements can be made. Apparently there are restrictions as to how high they "vIII build the walls because of concern about wind shear. I was told that vegetation rarely • proves to be of great assistance in reducing noise. 0' ,a til, ax ?!ace E raoK!vr „ente Minnesota. S5-:'_' 4-' - State C*-Iice Suilaing, 100 Cors',;! Ljzzicr Ave., St Paul. NllnnesCta 5- 1 2) - - 0 9 ry Fax t6 12" 296-H:-c� 7 �^ -= 6-3896 • Au_ust 10, 19()S llag° 1 .. I asked the liaison to iniorn me as to the status or these matters as they work their way through the process. I hope this is helpial to ou. Phil Car others State Representative, District =f 7B cc: Larry Nelson • s City Council Agenda Item No. 7a • • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPINT AND THE STATE OF MINI ESOTA REGULAR SESSION JULY 27. 1998 CITY HALL 1. INFORMAL OPEN FORU.NI WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in an 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 Recording Secretary Maria Carlson. INFORMAL OPEN FORUM Mr. McCauley discussed the home designs for Belluvue Lane Addition. He reviewed changes to the backs of the house designs to make them more aesthetically pleasing, and informed the Council that the neighborhood representatives are positive about the three models. Mayor Kragness questioned i y � f these were the final Tans. Mr. McCauley responded q P y that these would P be final if the Council were to approve them tonight. Councilmember Hilstrom questioned if there are residents interested in purchasing these homes. Mr. McCauley responded that Community Development Specialist Tom Bublitz has stated there has been interest. Councilmember Hilstrom questioned how much these homes would cost. Mr. McCauley responded that the price range would be from $140,000 to $160,000. Councilmember Peppe questioned if basements were included in this price. Mr. McCauley responded that these homes will have basements with an egress window, but will be unfinished. • 7/27/98 -1- DRAFT ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Carmody, seconded by Councilmember Lasman to adjourn the informal open forum at 6:57 p.m. Motion passed unanimously. 2. INVOCATION A moment of silence was offered remembering of two Police Officers who lost their lives in Washington, D.C. 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, City Attorney Charlie LeFevere, and Recording Secretary Maria Carlson. S 5. COUNCIL REPORT Councilmember Lasman reported that the Cancer Walk for Life was very successful and suggested that people remember to purchase luminaries next year. Councilmember Hilstrom reported that the Neighborhood Night Out will be August 4, 1998. 6. PRESENTATION Mr. Cliff Hoffman from Deloitte and Touche was present and informed the Council the purpose for his presentation was to officially get the audit accepted into the records, and to give the audience an overview of the City's Annual Financial Report. Mr. Hoffman reviewed graphics that were included with agenda materials for the audience discussed that the City spent $60,000 less than budgeted from last year. The City's financial performance was very positive. Mr. Hoffman discussed the following: City expenses are very consistent with public safety and with the volume of the fire department the City still saves 1.3 million dollars. i • 7/27/98 -2- DRAFT The population and number of households in the City of Brooklyn Center are stable. The debt per capita for the City is 5846 with a national average of $765. The overall performance has been consistent with the Earle Brown enterprises funds. The Police/Fire retention plan is fully funded and in good financial condition. In 1992 through 1995 was a bad market value time and since 1995 has shown a strong come back. Mr. Hoffman discussed one question that he often gets is a five year operation budget realistic. He responded that a five year goal is better. Mayor Kragness then thanked Mr. Hoffinan for the presentation. S 7. APPRO OF AGENDA AND CONSENT AGENDA Councilmember Carmody requested that the Council add Item t schedule e y q t e o lcil d t lOh, o s h the annual City Manager's review. A motion by Councilmember Carmody, seconded by Councilmember Hilstrom to approve the agenda and consent agenda as amended. Motion passed unanimously. � T 7a. APPROVAL OF MINUTES A motion by Councilmember Carmody, seconded by Councilmember Hilstrom to approve minutes from the Regular Meeting of June 22, 1998 (which were tabled from July 13, 1998), and the Regular Meeting of Jul 13 1998. M Meeting y ott passed unanimously. 7b. LICENSES A motion by Councilmember Carmody, seconded by Councilmember Hilstrom to approve the following ist of licenses. ses Motion passed unanimously. GARBAGE AND REFUSE COLLECTION Browning Ferris Industries 8661 Rendova Street NE, Circle Pines MECHANICAL SYSTEMS Ace Mechanical Services, Inc. 4820 Lexington Avenue, Ham Lake Dale Huber Company 1200 West Highway 13, Burnsville Fisher -Bjork Sheetmetal Company, Inc. 1441 Iglehart Avenue, St. Paul Flare Heating and Air Conditioning 9303 Plymouth Ave. 4104, Golden Valley 2 7,..7/98 -,- DRAFT ® MECHANICAL SYSTEMS - Continued Louis DeGidio Services, Inc. 6501 Cedar Avenue South, Minneapolis Midland Heating and Air Conditioning, Inc. 6442 Penn Avenue South, Richfield Sharp Heating and Air Conditioning 4854 Central Avenue NE, Minneapolis Wencl Services, Inc. 5301 Edina Industrial Boulevard, Edina Westair, Inc. 11184 River Road NE, Hanover RENTAL DWELLINGS Renewal: Donna Goga 918 Woodbine Lane Paul Hinck 4715 France Avenue North Victor /Jean Huang 3813 72nd Avenue North 7c. ACCEPT PROPOSAL FROM PSC ALLIANCE, COMMUNICATIONS CONSULTANT FOR NEW POLICE BUILDING A motion by Councilmember Carmody, seconded by Councilmember Hilstrom to accept proposal from PSC Alliance. Motion passed unanimously. 7d. RESOLUTION APPROVING SECTION 14 OF CHAPTER 231 OF THE LAWS OF MINNESOTA 1997 - USE OF TAX INCREMENT FINANCING RESOLUTION NO. 98 -123 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING SECTION 14 OF CHAPTER 231 OF THE LAWS OF MINNESOTA 1997 - USE OF TAX INCREMENT FINANCING The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 7e. REPORT ON THE AVERAGE AVAILABLE FINANCING PER ACTIVE FIREFIGHTER IN THE BROOKL1 CENTER FIRE DEPARTMENT RELIEF ASSOCIATION A motion by Councilmember Carmody, seconded by Councilmember Hilstrom to accept report. Motion passed unanimously. 7f. RESOLUTION AUTHORIZING ENGAGEMENT OF ARCHITECT FOR EARLE BROWN HERITAGE CENTER PROJECT • 7/27/98 -4- DRAFT RESOLUTION NO. 98 -124 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ENGAGEMENT OF ARCHITECT FOR EARLE BROWN HERITAGE CENTER PROJECT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 7g. RESOLUTION APPROVING CHANGE ORDER NO. 2, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1997-17, CONTRACT 1997 -N, SHINGLE CREEK REGIONAL POND RESOLUTION NO. 98 -125 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER N0.2, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1997 -17, CONTRACT 1997 -N, SHINGLE CREEK REGIONAL POND • The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 7h. RESOLUTION ACCEPTING BID AND AUTHORIZING PURCHASE OF ONE HYDRAULIC REEL MO «'ER RESOLUTION NO. 98 -126 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AUTHORIZING PURCHASE OF ONE HYDRAULIC REEL MOWER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 7i. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES 7/27/98 -5- DRAFT • RESOLUTION NO. 98 -127 Councilmember Carmody introduced the folloNN ing resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 4 7j. RESOLUTION DECLARING COST TO BE ASSESSED, AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 1998 -01 AND 02, CONTRACT 1998 -D, BELLVUE NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS RESOLUTION NO. 98 -128 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION DECLARING COST TO BE ASSESSED, AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 1998 -01 AND 02, CONTRACT 1998 -D, BELLVUE NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 7k. RESOLUTION DECLARING COST TO BE ASSESSED, AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 1998 -04 AND O5, CONTRACT 1998 -E, ST AL'S NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS RESOLUTION NO. 98 -129 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION DECLARING COST TO BE ASSESSED, AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 1998 -04 AND 05, CONTRACT 1998 -E, ST AL'S NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 7/27/98 -6- DRAFT • 71. RESOLUTION PROVIDING FOR HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS, DELINQUENT WEED REMOVAL COSTS, PUBLIC UTILITY HOOKUP CHARGES, AND DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS RESOLUTION NO. 98 -130 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS, DELINQUENT NEED REMOVAL COSTS, PUBLIC UTILITY HOOKUP CHARGES, AND DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 7m. APPROVAL OF GRANT APPLICATION FOR COMMUNITY ORIENTED POLICING Motion by Councilmember Carmody, seconded by Councilmember Hilstrom to approve grant application. Motion passed unanimously. • 7n. RESOLUTION IN RECOGNITION OF PATRICIA WILDER'S SERVICE AS EXECUTIVE DIRECTOR FOR THE NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL RESOLUTION NO. 98 -131 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION IN RECOGNITION OF PATRICIA WILDER'S SERVICE AS EXECUTIVE DIRECTOR FOR THE NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. SHINGLE CREEK TOWER PUBLIC HEARING Mr. McCauley discussed that a resolution was passed calling for a public hearing and giving preliminary approval to the request of BOCA Limited Partnership for $7,200,000 in housing revenue bonds and $75,000 in Section 42 Tax Credits. 7,27/98 -7- DRAFT • Mr. McCauley informed the Council that he received information today from the Minnesota Housing Finance Agency which outlines information that the Council has already seen, with one difference being that Mr. Boisclair has had some discussion on the possibility of a Section 236 program roll over. A motion by Councilmember Carmody, seconded by Councilmember Lasman to open the Public Hearing. Motion passed unanimously. Carla Wygald, 5849 73rd Avenue North 938, Brooklyn Park addressed the Council. She is the President of Residents for Affordable Housing and `'ice -Chair for Minnesota Tenants Network. She expressed that she felt that affordable housing is slipping and that it needs to stay or require management to allow vouchers in writing. She explained to the Council that presently her potential sister -in -law lives in the Shingle Creek Tower and needs to be able to continue living there. Mary Hurkman, 5113 Hove Lane, Brooklyn Center also addressed the Council. She is a Tenant Organizer for Community Action for Suburban Hennepin Home Line Tenant Advocacy Program. Ms. Hurkman expressed that she felt Shingle Creek Tower should be preserved as affordable housing, and that it is important to keep the rents low, especially with the redevelopment of Brookdale. Ms. Hurkman stated that she felt the best way to protect current residents and preserve Shingle Creek Tower would be to remain in the 236 program. Mr. Boisclair explained that he will try to keep the property at affordable housing. He has certain limitations and believes those limitations have been addressed over the past few months. Mr. Boisclair will look into the Section 236 Program as soon as the regulatory process is complete which should be around October. He would then proceed if it makes applicable sense. Councilmember Hilstrom reported that he had p s some discussion with the residents after the June 23, 1998 meeting at Shingle Creek Tower and residents were wondering what would happen if current residents did not qualify for vouchers under the new system. Mr. Boisclair responded that they would be able to qualify by 95% of the median income, which is an income of $35,000, and that after checking into resident files, all current residents appear to qualify. Mayor Kragness reported that she received a call from one of the residents and wanted to know if Mr. Boisclair had a meeting with the management people. Mr. Boisclair responded that they will become more involved with the management people after the resolution is passed, and will not know if they have appropriate bond authority until January 1999. Mayor Kragness also questioned Mr. Boisclair about the repairs of the property now. Mr. Boisclair responded that currently he is not the owner and that his repairs would not take place until sometime around this time next year. Residents should contact the current owners for any repairs at this time. 7/27(98 -8- DRAFT Councilmember Hilstrom questioned Mr. Boisclair why he is asking the City for this money now when nothing will take place until January 1999. Mr. Boisclair responded that he has been seeking this money for about a year and needs approval to make progress with this neat step. This is a critical step in the process to apply for an allocation of bonding authority in the January round of allocations. Councilmember Hilstrom questioned Mr. Boisclair if any money was coming from Boca Limited Partnership. Mr. Boisclair responded that yes they are putting what is necessary at this time and informed the Council that there will be substantial money later to come. Councilmember Hilstrom asked Mr. McCauley to explain the requirements if the property is sold. Mr. McCauley explained that conditions proposed in the resolution would become part of the bond and would last to approximately 15 -20 years. These conditions would apply, during that term, to subsequent owners. A motion by Councilmember Carmody, seconded by Councilmember Hilstrom to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 98 -132 Councilmember Carmody introduced the following resolution and moved its adoption subject to the five conditions: RESOLUTION ADOPTING A HOUSING PROGRAM PROVIDING FOR THE ISSUANCE AND SALE OF MULTIFAMILY REVENUE BONDS IN THE APPROXIMATE AMOUNT OF $7,200,000 RELATING TO SHINGLE CREEK TOWER PROJECT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Those in favor were Mayor Kragness, Councilmembers Carmody, Lasman, and Peppe. Councilmember Hilstrom was against this motion. 9a. PLANNING COMMISSION APPLICATION NO. 98015 SUBMITTED BY CENTRES GROUP BROOKLYN CENTER, LTD. REQUEST FOR REZONING AND SITE AND BUILDING PLAN APPROVAL THROUGH THE PLANNED UNIT DEVELOPMENT (PUD) PROCESS FOR A 20 SCREEN THEATER AT THE NORTHWEST QUADRANT OF I -694 AND T.H. 262. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THE APPLICATION AT ITS JULY 16, 1998, MEETING • 7/27/98 -9- DRAFT Mr. McCauley discussed the Planning Commission is recommending to approve Application No. 98015 submitted by Centres Group Brooklyn Center, LTD, to rezone and site and building plan approval through the PUD process for a 20 screen theater at the northwest quadrant of I -694 and T.H. 252. With the agenda material were Planning Commission information sheets and an area map showing the location of the property under consideration, and various sites and building plans for the proposed development. This matter was considered by the Planning Commission on June 25, 1998 and July 16, 1998 and was recommended for approval by the Planning Commission through the adoption of Planning Commission Resolution No. 98 -3. Mr. McCauley explained the rezoning request and that among conditions set forth the most important thing is the issue relating to stormwater drainage and treatment. Approval of the resolution and the proposed introduction of an ordinance to zone property as a PUD would be subject to the Watershed Management Commission review. This is anticipated to come back to the Council at the August 10, 1998 Council meeting with a specific proposal for purchasing the property and vacation of the street. Mr. McCauley reported that he received a revised plan that down sizes the theater by 60 seats which reduces the property 12 square feet and also reduces the parking area. Mr. McCauley sked Commuiu y 1y Development Director Brad Hoffman to review the proposal and the specific site that was before the Planning Commission. Developer Mr. Birkeland discussed for the Council and the audience his back-round and information about the Regal Company. RESOLUTION NO. 98 -133 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION REGARDING RECOMMENDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 98015 SUBMITTED BY CENTRES GROUP BROOKLYN CENTER, LTD. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. • 7/27/98 -10- DRAFT A motion by Councilmember Hilstrom, seconded by Councilmember Carmody to approve the first reading of ordinance and set public hearing and second reading for August 24, 1998. Motion passed unanimously. 9b. PLANNING COMMISSION APPLICATION NO. 98016 SUBMITTED BY CENTRES GROUP BROOKLYN CENTER, LTD. REQUEST FOR T N I N E PRELIMINARY PLAT APPROVAL TO COMBI l�Il \E PRIVATELY OWNED PROPERTIES PLUS A CITY OWNED PARCEL OF LAND AND VACATED STREET RIGHT -OF -WAY INTO THREE LOTS AT THE NORTHWEST QUADRANT OF I -694 AND T.H. 252. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THE APPLICATION AT ITS JULY 16,1998, MEETING Mr. McCauley discussed the preliminary plat that would reflect the previously discussed planned unit development for Centres Group to create outlots and the lot that would contain the proposed theater. A motion by Councilmember Hilstrom, seconded by Councilmember Carmody to approve Planning Commission No. 98016 subject to the conditions recommended by the Planning Commission. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION SUBMITTING BROOKLYN CENTER COMPREHENSIVE PLAN TO THE METROPOLITAN COUNCIL Mr. McCauley discussed that the City's Comprehensive Plan was previously submitted to the Metropolitan Council for review and that it had been determined the plan was incomplete and the review was suspended pending the submission of additional information. The Metropolitan Council also requested that the City adopt a resolution submitting the City's Comprehensive Plan to the Metropolitan Council for their review. Councilmember Hilstrom had some concerns regarding the density projections on future numbers of households. Mr. McCauley advised that staff has used lower numbers for households. While population may grow due to demographic changes, the number of households would not be anticipated to increase as projected by the Metropolitan Council. The Council discussed issues related to the Metropolitan Council's estimates and the City's projections and planning. Councilmember Peppe questioned if this was adopted would it be set in stone. Mr. McCauley responded that it could be clarified later and that right now he is just requesting the Council to pass the resolution and that this be brought back to the Council later. ® 7/27/98 -11- DRAFT • RESOLUTION NO. 98 -134 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION SUBMITTING BROOKLYN CENTER COMPREHENSIVE PLAN TO THE METROPOLITAN COUNCIL The motion for the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 10b. RESOLUTION RECOGNIZING WINNERS OF THE 1998 LANDSCAPING AND GARDEN CONTEST Public ) A l orks Director Diane Spector announced the winners for the 1998 Landscaping and Garden Contest. Best Overall Yard and Garden Fred and Yvonne Bebensee, 2913 Halifax Avenue North Best Group/Volunteer Garden St. Alphonsus Garden Club, 7025 Halifax Avenue North Best Boulevard Garden Janet Goettsch, 805 57th Avenue North Best Backyard Flower Garden John Cariveau, 6301 Unity Avenue North Snecial Recognition for Water Garden Mark and Shirley Alt, 3900 56th Avenue North Snecial Recognition for New Landscaping Sling Family, 4018 Janet Lane Mrs. Spector then showed a video of the winners. RESOLUTION NO. 98 -135 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING WINNERS OF THE 1998 LANDSCAPING AND GARDEN CONTEST 7/27/ -12- DRAFT • The motion for the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. IOc. PROPOSAL FROM PEOPLE RESPONDING IN SOCIAL MINISTRY T T (PRISM) FOR CONTIIIUATIO:� T OF MEDICAL TRIP TRANSPORTATIO PROGRAM FOR 1999 Mr. McCauley discussed that the Council previously had a transportation study conducted and that one of the issues identified related to providing medical transportation. A grant was received from Hennepin County that extends into Brooklyn Center providing medical transportation that will go through the end of the year. Last week a memo was received from PRISM regarding an elder express vehicle in terms of being able to provide services in 1999. They have indicated that they are looking to fund acquisition of a vehicle for which a lease is expiring and have made a proposal to provide services through January 3, 2000 if the City were to contribute $10,000 to the acquisition of the vehicle. They would find the resources to make up the balance elsewhere. Councilmember Carmody questioned how this transportation will be publicized. Mr. McCauley responded that it could be published in the next newsletter. Councilmember Hilstrom questioned if this transportation will be expanded for all of Brooklyn Center. Mr. McCauley responded that it would be available for all Brooklyn Center residents if undertaken. Councilmember Carmody questioned if the $10,000 would cover now until January 2000. Mr. McCauley responded that it would cover that entire period, though the City will get some service through the end of the year because of Hennepin County's grant, even if the City did not participate for 1999. Mayor Kragness questioned if there was going to be a phone number available for residents for this service. Mr. McCauley responded yes there would be a number available. Councilmember Hilstrom questioned what the Council's procedure or plan will be for continuing this or not in the year 2000. Will this come back at the regular Social Services Budgeting time. Mr. McCauley responded that if the Council were to undertake this, then the City would plan on reviewing it as part of the the year 2000 Budget, so the Council would review it again in May or June of 1999. Mayor Kragness agreed that is this very critical to seniors in Brooklyn Center and would certainly like to move ahead. Mr. McCauley suggested using contingency money in the general fund and that it be charged against that fund if the Council wanted to proceed. ® 7/27/98 -13- DRAFT Councilmember Carmody questioned if a motion was needed for Council consensus. Mr. McCauley responded that if the Council is interested, he would request a motion authorizing an agreement with PRISM as outlined in their proposal and authorize the expenditure of $10,000 from the 1998 Budget from the General Contingency Fund. Councilmember Hilstrom discussed the history of transportation needs and made a motion to accept the proposal and have it come back for regular review with the regular Social Services, seconded by Councilmember Carmody Mr. McCauley wanted to clarify if the year 2000 is when this should come back to be reviewed with Social Services. Mayor Kragness stated yes it would be for the year 2000. 10d. REGULATION OF BARKING DOGS Mr. McCauley discussed the Council was approached regarding current regulations the City has regarding barking dogs. One of the suggestions made was that the police physically remove an annoying dog if the owner was absent to eliminate the problem which at first would seem to be reasonable. Mr. LeFevere had someone in his office review this and develop an opinion. In the absence of a warrant, they feel the City would have certain constitutional impediments to simply taking some annoying dog off the property in the absence of the owner. Councilmember Carmody questioned what happens when a complaint is received and nothing is done by the owner about the repeated barking. Mr. McCauley responded that if there was a sufficient number of times the City could address this as the dog constitutes a nuisance and get an order to take the dog. Councilmember Hilstrom questioned if the licensing for dogs was every two years, and if there was a chronic problem could it be taken care of then. Mr. McCauley responded that may be a way to approach this. 10e. STATUS OF SECONDHAND GOODS DEALER ORDINANCE Mr. McCauley discussed that Mr. Lefevere and Police Chief Joel Downer met with Mr. Johnson following his appearance before the City Council to discuss his suggestions on July 8, 1998, and was followed up with a written proposal on July 16, 1998. Mr. Lefevere and Police Chief Joel Do«mer did not have an opportunity to review the proposed changes to make an appropriate recommendation. They will have materials for the City Council on August 10, 1998. It is envisioned at this point that they will return to the Council the ordinance that was tabled and options based on Mr. Johnson's input and further police review. 7/27/98 -14- DRAFT The purpose of this was to report back to the Council on the status following Mr. Johnson's appearance and inform them as to where this is at. and to see if the Council had any specific things for Mr. LeFevere to review in Mr. Johnson's materials. Mr. Johnson's proposal is a different approach then the one that was taken in the current ordinance. The current ordinance and the proposed changed ordinance causes everything secondhand to be covered by the ordinance unless it is exempt. These are two different ways of approaching it. With the initial proposal the problem is if something comes a long that is innocent, the ordinance would have to be changed to exempt the items, then conversely if something comes along that needs to be regulated because of an issue. the ordinance would have to be amended under Mr. Johnson's proposal. Many of the things appear to be similar, but one of the items that is not included in Mr. Johnson's proposal from what had been developed before is taking a picture of the person who is going to the secondhand store to sell their item. That is an issue Mr. LeFevere is going to look at in terms of some mid -point between having to take a picture and making a photo copy of the picture identification that was used. Councilmember Carmody had two comments. The first was that she did not like the way it was written before. She felt that it was very negative and too hard to read. The second thing was on the secondhand goods dealer portion of Mr. Johnson's proposal, the definition was unclear and she was wondering if primary is a good word to use. Mr. McCauley stated he thought that was one of the weaknesses in the proposal and is a specific issue that should be addressed. RECESS The Council recessed at 9:04 p.m., and reconvened at 9:09 p.m. 10f. CODE ENFORCEMENT UPDATE Mr. McCauley discussed that at the present time the City is dealing with 197 reinspections. In the past there were backlogs of reinspections which created some difficultly because the the City . could not let residents know that they were in compliance. Mr. McCauely discussed the City will work through this and that while this is a slower pace than anticipated, it will help to follow through on reinspection by not getting ahead of the capacity for reinspection. Community Development has gone back and reinspected those houses that had fix up orders and had not been finished 1997. Those that have not complied are now at the City Prosecutor Bill Clelland's office for him to review. Mayor Kragness questioned how many were in compliance. Mr. McCauley responded there are about 60 to 70 homes that had orders and that they were given until June 1, 1998 for compliance. Roughly 30 plus of those were found to be out of compliance during the reinspection. 7/27/98 -1 DRAFT • Mr. McCauley discussed that the most common violations are junk vehicles, trash and garbage. The Neighborhood Liaison has also run into several abandoned homes where garbage and furniture has been left behind. Councilmember Hilstrom questioned Mr. McCaule }- about the Neighborhood Liaison going through abandoned homes. Mr. McCauley responded that the Neighborhood Liaison during this sweep has found several abandon homes and that they are taking up a lot more of her time. Mr. McCauley stated that he felt the City is having better contact with residents by having the Neighborhood Liaison personally contacting residents. Councilmember Hilstrom wanted to clariA that although it is slower, the City is going to do this all year and that it urill be a full -time responsibility. Mr. McCauley responded that was correct and that the City will monitor throughout the year, especiall }- the ones that are identified as three years in a row, and that they should be regularly reinspected. 1Og. UPDATE ON 69TH AND BROOKLYN BOULEVARD DEVELOPMENT Mr. McCauley wanted to update the Council after the approval of the development agreement for 69th and Brooklyn Boulevard. The materials from the report indicates that the developer has contacted all of the homeowners, with the exception of one home that was forclosed and had dealt with the dental office. He has not yet dealt with Viking Enterprises and the Legions Club and indicated he will be doing that. He is working on financing, perspective tenants, and on preliminary pricing. The representation to the Council was that he would be contacting the homeowners and it appears in the report that he has followed through on this. Mr. McCauley would like to have a monthly update on the redevelopment. Councilmember Hilstrom questioned about using Eminent Domain and when it would be back before the Council. Mr. McCauley responded that if Eminent Domain was used they would have to be back to the Council by September or October. Councilmember Hilstrom questioned when the project will be begin and be completed. Mr. Hoffman responded that they should be breaking ground this coming spring, and that purchase agreements will be going out in the next week or two to home owners from the developer. Councilmember Hilstrom questioned if this project should not proceed, who would be responsible. Mr. McCauley responded that it would be the developer's responsibility. Councilmember Hilstrom asked for an update on the property across from 69th Avenue. She was unsure if that property was for sale. Mr. McCauley responded that it would be checked into. 7/27/98 -16- DRAFT 10h. SET TIME AND DATE OF CITY MANAGER'S REVIEW Councilmember Carmody suggested that a date and time be set for the annual City Manager's review. It was questioned whether or not to have it this review at the August 24, 1998 Council meeting. After discussion it was determined that this review would take place on August 24, 1998 before the Council Meeting at 5:45 p.m. Mayor Krangness questioned if the format would be the same as last years, and Councilmember Lasman suggested that the short form from last year be used. Mr. McCauley will prepare review. Motion by Councilmember Lasman, seconded by Councilmember Carmody to schedule the City Managers annual review for August 24, 1998 at 5:45 p.m. 11. ADJOURNMENT A motion by Councilmember Hilstrom, seconded by Councilmember Carmody to adjourn the meeting at 9:26 p.m. Motion passed unanimously. City Clerk Mayor 7/27/98 -17- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION AUGUST 10, 1998 CITY HALL 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in an informal open forum and was called to order by Mayor Pro Tern Lasman at 6:45 p.m. ROLL CALL Mayor Pro Tem Lasman, Councilmembers Kathleen Carmody, Debra Hilstrom, 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 Recording Secretary Maria Carlson. INFORMAL OPEN FORUM Mr. Ralph Jendro, 7119 Girard Avenue, addressed the Council with concerns he had about traffic in his neighborhood. He is requesting a four way stop sign at 72nd Avenue and Girard Avenue. He also suggested that maybe a stop sign be placed at 70th Avenue and Girard Avenue. A traffic study will be done and staff will report back to Mr. Jendro. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Hilstrom, seconded by Councilmember Carmody to adjourn the informal open forum at 6:49 p.m. Motion passed unanimously. 2. INVOCATION No invocation was offered. 8/10/98 -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 Pro Tern Lasman at 7:00 p.m. 4. ROLL CALL Mayor Pro Tem Lasman, Councilmembers Kathleen Carmody, Debra Hilstrom, and Robert Peppe. Mayor Kragness was absent and excused. 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 Recording Secretary Maria Carlson. 5. COUNCIL REPORT Councilmember Carmody reported that while on vacation she took some photos of the mall in Baltimore that the Talsiman Companies had built. Mayor Pro Tern Lasman reported that the Neighborhood Night Out was a great success and that about 100 neighborhood watch groups participated. Mayor Pro Tern Lasman reported she attended the Financial Commission Meeting and the preliminary 1999 Budget was discussed which the Council will be working on in the next few months. 6. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Hilstrom, seconded by Councilmember Carmody to approve the agenda and consent agenda as amended. Motion passed unanimously. 6a. LICENSES A motion by Councilmember Hilstrom, seconded by Councilmember Carmody to approve the following list of licenses. Motion passed unanimously. MECHANICAL SYSTEMS Fore Mechanical, Inc. P.O. Box 130788, Roseville Helland Heating and Air 1519 Parkview Road, Maple Plain Metro Sheet Metal, Inc. 1708 Gervais Avenue, Maplewood Midwest Maintenance & Mechanical, Inc. 710 Pennsylvania Avenue South, Mpls. Petroleum Maintenance Company 3172 Spruce Street, Little Canada St. Marie Sheet Metal, Inc. 7940 Spring Lake Road, Spring Lake Park 8/10/98 -2- DRAFT RENTAL DWELLINGS, Renewal: Charlie Oribamise 5417 North Fremont Avenue Martha Ann Demetriou Humboldt Court Apartments Mrs. Paul Enge 4748 Twin Lake Avenue North Richard Becht 4718 Twin Lake Avenue SING HANGER Leroy Signs, Inc. 6325 Welcome Avenue North, Brooklyn Park TOBACCO RELATED PRODUCT Holi Deli Commissary #610 1700 Freeway Boulevard 6b. APPOINT ELECTION JUDGES TO SERVE IN THE PRIMARY AND GENERAL ELECTIONS A motion by Councilmember Hilstrom, seconded by Councilmember Carmody to appoint election judges to serve in the Primary and General Elections. Motion passed unanimously. 6c. RESOLUTION AUTHORIZING THE PURCHASE OF ONE TANDEM DUMP TRUCK RESOLUTION NO. 98 -136 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF ONE TANDEM DUMP TRUCK The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 6d. RESOLUTION ACCEPTING BID AND AUTHORIZING PURCHASE OF ONE TANDEM VIBRATORY ASPHALT ROLLER RESOLUTION NO. 98 -137 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AUTHORIZING PURCHASE OF ONE TANDEM VIBRATORY ASPHALT ROLLER 8/10/98 -3- DRAFT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 6e. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 98 -138 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 6f. REPLACEMENT OF POLICE SEDAN A motion by Councilmember Hilstrom, seconded by Councilmember Carmody to replace squad #363 with a "lease return" sedan purchased from a dealership. Motion passed unanimously. 6g. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 1998 -12, CONTRACT 1998 -0, LANDSCAPING NODES UPGRADE RESOLUTION NO. 98 -139 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 1998 -12, CONTRACT 1998 -0, LANDSCAPING NODES UPGRADE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 7. PUBLIC HEARINGS 7a. PRIVATE KENNEL LICENSE APPLICATION SUBMITTED BY GREGORY AND BARBARA ULBRICH, 6807 EMERSON AVENUE NORTH 8/10/98 -4- DRAFT • • Mr. McCauley discussed this was an appeal of a decision to grant a kennel license. Councilmember Carmody had one question before opening the Public Hearing. She questioned why the Ulbrich's received a survey and if their survey would effect the count received by other neighbors. Mr. McCauley responded that he thought they might have received a copy of the survey for information purposes and just sent it in and that this would not affect the count. A motion by Councilmember Hilstrom, seconded by Councilmember Carmody to open the Public Hearing. Motion carried unanimously. Gregory and Barbara Ulbrich, 6807 Emerson Avenue North, were present and addressed the Council first. Mr. Ulbrich discussed he felt the letter he received from Mr. McCauley was unclear as to what type of health and safety issues are raised with the keeping of their dogs. Mr. Ulbrich stated that their dogs are kept in a fenced area and feels that there is no health and safety issues to be dealt with. Councilmember Carmody stated that dog complaints are an issue and do raise concerns. Mr. Ulbrich stated there have been no complaints filed with the Police Department and that there is more noise surrounding him in the Community that is uncontrollable then the barking of his dogs. Mrs. Ulbrich discussed that their dogs are fenced up and are not able to run around and bit people, so it there should not be any safety issues to deal with. expectancy Councilmember Hilstrom asked Mr. and Mrs. Ulbrich what the life ex p y is of the dogs and if they are going to replace them when they pass away. Mrs. Ulbrich responded that Pharaoh Hounds are expected to live 15 years, and that the oldest one does have arthritis. Ms. Ulbrich stated that their intention is not to replace the dogs once they have passed on. Mr. Ulbrich informed the Council that they are just looking to help these dogs that were once neglected and are not going to raise dogs in the future. They would just like the opportunity to keep the four dogs they currently have. Mayor Pro Tem Lasman stated that she understands the attachment the Ulbrich's may have with their dogs but does have some concern for the five neighbors that returned their surveys not in favor of the Ulbrich's keeping four dogs. The Ulbrich's stated that they are trying to control the barking and feel they have lowered the amount of barking and will continue to do so. Mr. Ulbrich questioned the two returned surveys that did not have addresses and wanted to know if they could find out who those neighbors were. Councilmember Carmody responded they are not able to give that information and that there have been cases where there has been retribution with neighbors. 8/10/98 -5- DRAFT • Tim and Denise Boyle, 6813 Emerson Avenue North, then addressed the Council. Mr. Boyle informed the Council that the only thing he hears when the dogs are out in the yard are their collar chains and feels there are no problems with the four dogs. Mrs. Boyle feels since they are the abutting property owners they would be the ones to complain and feels there are no problems to be addressed at this time. Mayor Pro Tern Lasman asked Mr. McCauley about the license process. Mr. McCauley responded kennel licenses are renewed each year for a maximum of three years. Councilmember Peppe discussed that he understands the Ulbrich's situation, but the Council needs to also think of the residents not in favor of this kennel license. Councilmember Peppe suggested a six month review period be approved for the Ulbrichs and that the neighborhoods comments should be received. Councilmember Hilstrom discussed that the Council tends to deny kennel license unless there is a reason showing a kennel license should be approved, and given the fact the Mrs. Ulbrich is studying to be a veterinary technician this shows a true care for the dogs. Councilmember Hilstrom suggested a 12 month period time frame be given for the Ulbrich's to keep four dogs. Councilmember Carmody questioned how problems are detected. Mr. McCauley responded that ususally complaints are received from neighbors. Mrs. Ulbrich asked if they could be informed if a complaint was received. Councilmember Peppe suggested the Ulbrich's write their neighbors a letter requesting them to inform them of their complaints. Mayor Pro Tern Lasman suggested to the Ulbrich's to be watching for problems that may arise. A motion by Councilmember Hilstrom, seconded by Councilmember Peppe to close the Public Hearing. Motion carried unanimoulsy. A motion by Councilmember Hilstrom, seconded by Councilmember Peppe to approve a private kennel license for Gregory and Barbara Ulbrich, 6807 Emerson Avenue North, and that this license will be reviewed with all regular kennel licenses. 8. COUNCIL CONSIDERATION ITEMS 8a. AN ORDINANCE AMENDING CHAPTER 23 OF THE BROOKLYN CENTER CODE OF ORDINANCES, RELATING TO THE REGULATION OF PAWNSHOPS AND SECONDHAND GOODS DEALERS 8/10/98 -6- DRAFT Mr. McCauley discussed that included with the agenda materials was a memo from Police Chief Joel Downer outlining the differences between the proposed ordinance and recommendations made by Mr. Thomas Johnson who represents Grow Biz, International. Mr. McCauley suggested reviewing each section of the memo one section at a time. Councilmember Carmody questioned if the "City Revised" copy was done by the Police Department or Mr. LeFevere. Mr. McCauley responded that the copy was done by Mr. LeFevere. The Council then proceeded with a discussion of each section and following are comments that were made with each individual section: 23-601 - - Definiti 23 on Mr. McCauley indicated Mr. Johnson's suggestion is that the City specify what businesses are required to be licensed. Anything not specified in the list would not need a license. The proposed ordinance language takes the opposite approach and says that if you do any buying of secondhand goods, you will be required to have a license unless one of the exceptions are met. For example, in terms of amendment, with Mr. Johnson's approach, if an item was found to be problematic, the Council would be asked to add another one to the list in order to get a license. Under the City's approach, the opposite would happen. Mr. McCauley discussed that in discussions with the Police Department and Mr. LeFevere earlier today, i w a h is taken two separate ordinance s earl t would be recommended whatever approach pP p be created: one covering pawnshops and one covering secondhand goods. Mr. McCauley requested the Council's preference on which approach to take: specifying what each type of activity requiring a license or specifying which do not need a license. Councilmember Hilstrom discussed that she believes the City needs to look at the possibility of things changing in terms of what are secondhand goods and what people might be selling in the future. Councilmember Carmody discussed however, there are a lot of things sold secondhand now that do not need to be covered by a license. Councilmember Carmody does not believe that it makes a difference whether it is inclusive or exclusive. Councilmember Carmody discussed that she objects to the part on exemptions. She feels it is very difficult to read and should not be this difficult for new secondhand business owners. Councilmember Carmody discussed that she feels this should be inclusive rather than exclusive so people know what is covered or else made easier to read. 8/10/98 -7- DRAFT • Mayor Pro Tern Lasman questioned if there was a consensus of the Council to support the proposed language in sections 23 -601 and 23 -602 as proposed by staff. Councilmember Peppe stated correct. Councilmember Carmody stated she would like to see section 23 -602 where it defines exemptions just made a little more user friendly. City Attorney Charlie LeFevere discussed that this could be made easier to read. Councilmember Hilstrom questioned if there was a manner that the same thing could be said and made easier to understand. Mr. McCauley responded that there are two things that could be done. In section 23 -602 Exemptions, the section shall not apply to include the following could be changed to read a license shall not be required of persons engaged in the following, and at the bottom of the language indicated for the above specified list the legal information. Mr. McCauley discussed that with the final ordinance a matrix could be developed as to who needs a license, who does not need a license, and who has to report and when which would be useful for someone who is questioning if a license is needed. • 23 -602 Exemptions The Council discussed various options and issues on this section. Councilmember Hilstrom questioned if a store credit transaction of less than $100 is being . exempted from the reporting or exempting them from needing a license for those items. Mr. McCauley responded that this would be exempting them from the license in the section 23- 602 Exemptions. Mr. LeFevere discussed that is if that is all they do. Ordinarily they would be in a business that would require them to have a license but it would not be required for that one transaction. Councilmember Hilstrom questioned Mr. Johnson about his request for trade -ins that include store credit and consignment transactions for used goods being exempted for needing a license. Mr. Johnson responded that Mr. LeFevere is correct that this would only apply to those specific transactions. The store in all likelihood is going to be licensed because it has non - exempt transactions that are occurring. Mr. Johnson wanted to layout what the position of Grow Biz, International is with respect to the revised ordinance and discussed the reason for raising this now is Grow Biz's position that the approach should be focused on and that it start with identifying what the problem is with stolen property in Brooklyn Center, and then cover within the ordinance those items and make the recording and reporting apply only to those items. 8/10/98 -8- DRAFT • • Councilmember Hilstrom questioned if specific items such as soccer balls, hockey pucks, and hockey sticks are to be covered by the ordinance. Mr. LeFevere responded that yes it is the recommendation from the Police Department that this is what should be done. Mayor Pro Tern Lasman questioned if the all inclusive proposed ordinance would be a more conservative move for the City. Mr. LeFevere responded that it would be more conservative, and if the Police Department is comfortable with the changing of records to be sent to the Police Department, he is comfortable with this proposal. Mr. McCauley recommended a comprise that would exempt store credit consignment and trade -ins valued less than $100 as set forth in the materials. There was Council concurrence with that suggestion. • 23 -606 Application Mr. McCauley discussed this section is not an issue. • 23 -607 Bond Mr. McCauley discussed that Mr. Johnson is suggesting a higher bond and the City does not have a problem with this, other than that it does increase the cost of doing business. Councilmember Hilstrom questioned the process of the bonds and how they work. Mr. LeFevere responded that a bond for a business licensee is designed to protect the people that may be harmed by the violation of the ordinance. Mayor Pro Tern Lasman questioned if a bond of $10,000 could in anyway eliminate a business from starting a business. Mr. McCauley discussed that going from the current ordinance that is $5,000 to $10,000, does increase the cost of entering into a business. Mr. McCauley discussed also in terms of who is protected under the ordinance looking at this section, the City is the recipient of the funds. Mr. McCauley suggested at this point there would not be a reason to increase the bond from $5,000 to $10,000. Councilmember Hilstrom questioned why Mr. Johnson recommended $10,000 for the bond amount. Mr. Johnson responded that they added language that the bond be in place for purposes of a victim of theft being able to collect the reasonable value of the property that was stolen from the store. This would apply in the event of not being able to obtain it from the person to whom it was sold at the secondhand store by the time it had been determined the property was stolen. 8/10/98 -9- DRAFT • ® Councilmember Hilstrom discussed the ability to have money set aside for people that might be damaged sounds like a good idea and hopes that the City has a penalty should a secondhand dealer be selling stolen property or is not doing the reporting they are supposed to do. Mr. McCauley discussed that there could be criminal prosecution if someone fails to follow the requirements. Mr. LeFevere discussed that the bond does not create obligations, the bond is there to make sure that other obligations that exist are fulfilled Mayor Pro Tem Lasman questioned if there was consensus of the Council for a bond in the amount of $10,000. It was the consensus of the Council. Mr. McCauley questioned if that included the additional language proposed. The Council indicated that it was. Councilmember Hilstrom requested an update on how much property is recovered through the pawnshop. Mr. McCauley responded it will be checked into. • 23 -618 Mr. McCauley discussed this item was discussed earlier and would concur with Mr. Johnson's suggestion that the two ordinances are separated to have one pawnshop ordinance and one secondhand ordinance. t 23 -618 Records Mr. McCauley discussed Mr. Johnson's proposal requests for photograph transactions to be removed for secondhand dealers. The Police Department finds it valuable to have photographs. It was suggested as a comprise that the City would not require transactions under $100 to be photographed but that a photocopy be made of a photo identification and a receipt of the transaction. Councilmember Hilstrom questioned if a person would be identified when making several transactions under $100 in a short period of time. Mr. Karris responded this would not prohibit the recording of the transaction. The person must still provide a valid identification. Mr. McCauley also responded that section 23 -619 Daily Reports would allow the City to run that search. Mayor Pro Tern Lasman asked for consensus of the Council with the compromise that is proposed. It was the consensus of the Council that the compromise be included. 8/10/98 -10- DRAFT • • 23 -619 Daily Reports Mr. McCauley discussed Mr. Johnson's proposal is to have reports electronically transmitted and the current ordinance does not require that. The City looked into that a while ago and will be looking into again. Mr. McCauley suggested leaving this as staff proposed at the present time. • 23 -619 Daily Reports and Exemptions Mr. LeFevere discussed that currently if a business is a secondhand business and takes in new goods, a report would still be required on that transaction. Mr. Johnson discussed what they are proposing is related to their suggested approach of specifying only those businesses to be licensed. Mr. McCauley paraphrased Mr. Johnson's suggestion with respect to this section and suggested this was resolved by the decision to follow the staff approach in section 23 -601. Mr. McCauley discussed that if there was consensus from the Council to move on to the next section. That was the consensus. • 23 -621 Holding Mr. McCauley discussed there is a variance in the materials as Councilmember Carmody noted. The comments from the Police Department suggest a 30 day holding period on secondhand items and Mr. Johnson's proposal suggests 12 days. Mr. McCauley discussed the Police Department is thinking of using the same dollar amount in terms with holding, and if the dollar amount was $100 or less a 12 day holding period rather than a 30 days. Councilmember Hilstrom discussed that she does not have a problem with items under $100 and having a shorter period, but is thinking with people taking two week vacations, that 15 days might be better. Councilmember Peppe questioned how the 12 days was decided. Mr. Johnson responded that the existing ordinance provided 12 days and that they were just suggesting to stay with that time frame. 8/10/98 -11- DRAFT Councilmember Hilstrom questioned the holding period of items that are seasonal, such as clothing, bicycles, etc., and are under a $100 dollars. The consensus of the Council was to exempt items under $100 with a 15 day holding period above $100. • 23 -622 Receipts Mr. McCauley discussed Mr. Johnson proposes receipts be given only upon request. The suggestion from the Police Department is that receipts be required for all transactions to protect the business and the customers. The consensus of the Council was to go with the Police Departments suggestion. Mr. Johnson discussed he feels you don't need that information on a receipt and was not sure why a receipt once the reporting and recording has already been done. It was unclear which receipts were being discussed and Mr. Johnson informed the Council that he was referring to section 23 -622 of the proposed ordinance. Councilmember Hilstrom questioned if this was at the time of purchase rather than the time of sale. Detective Mr. Karris responded yes and discussed the way that it is done at the pawnshop is the seller gets a copy of the receipt which lists everything on. When it comes to the pawnshop or secondhand store selling that item to an individual, they are not required to identify anymore. That information is necessary to obtain a description of the seller for prosecution in stolen cases. Councilmember Hilstrom questioned if a photocopy of the license is enough. Mr. Karris responded that the only thing probably not included on that would be the race of the individual. Mr. Johnson discussed that it is unclear to him as to what law enforcement purposes the receipt serves that the record and reporting requirement has not already served. Mr. Karris questioned what type of record would be provided if a receipt was not received for the property purchased. Mayor Pro Tem Lasman questioned if the receipt goes to the person bring in the item or purchasing the item. Mr. Karris responded if a person sells an item to a secondhand store the ordinance requires them to issue a receipt to the person bringing in the item, and then that receipt is also the same as the record because the receipt lifts all the per taint information. 8/10/98 -12- DRAFT i • Mayor Pro Tern Lasman discussed she understands why the City would need it, but does not understand why other information is needed. Mr. McCauley suggested the Council to review sections 23 -618 and 23 -622. Mr. McCauley suggested collapsing those two sections into one section with all the information needed by the Police Department being recorded. All the information required to be taken about the person would then be taken in a usable form for the Police Department rather than have one on record and one on receipt. If these two sections are collapsed together, this would ensure that the Police Department would get all the information needed. ► 23 -623 Police Orders Mr. McCauley discussed this section describes how long something needs to be held before the Police Department provides a written order after a verbal order to hold the item. Mr. Johnson's proposal is that the Police Department be required to have a written order to hold Police are suggesting that the 1 order. The Poh gg g Y have 14 days 'thin 72 hours of a verbal an item within to issue the written order following a verbal order. Mr. Karris discussed the reasoning behind this is because it is difficult to work within the parameters of 72 hours. Councilmember Carmody questioned what is involved in issuing a written order. Mr. Karris responded that if something comes up as being stolen on a check, he calls the pawnshop and puts a hold on the item. He then verifies that the actual merchandise is stolen. He calls the Police Department and has them send a copy of their police report. He verifies as much as he can to the sale of the item to the pawnshop so that he is not confiscating property that is not stolen, and sometimes it takes several days to get that information. Councilmember Carmody then questioned if a verbal order is made does a written order have to be made. Mr. Karris responded that a written order is a filled out confiscation form that he presents to them as a receipt from him taking the property. Councilmember Peppe questioned if this could be comprised to a week. Mr. Karris responded yes. The Council recessed at 9:03 p.m., and reconvened at 9:08 p.m. Mayor Pro Tem Lasman requested to change the order of the agenda and discuss item 8d. Administrative Traffic Report RE: Woodbine Lane Traffic Study now and then continue with the item 8b, 8c, etc. It was the consensus of the Council to discuss item 8d at this time. 8d, ADMINISTRATIVE TRAFFIC REPORT RE: WOODBINE LANE TRAFFIC STUDY 8/10/98 -13- DRAFT i • Mr. McCauley discussed that a traffic study was done and surveys were sent to residents on Woodbine Lane for their opinions regarding traffic control measures. Results from the traffic study and surveys indicated the following: ► An average traffic per day is around 2,200. ► Most of the recorded accidents were committed by younger drivers who had been drinking. ► Radar surveys, SMART, and digital traffic counters have all indicated an 85th percentile speed as averaging between 30 -33 mph. ► The highest speeds tend to be recorded during the hours of 11 a.m. - 12 p.m., and 2 p.m. - 3:00 p.m. A recent SMART survey taken over nine hours counted 20 eastbound vehicles out of 636 at speeds greater than 35 mph. Nine of those vehicles were recorded between 2:00 p.m. - 3:00 p.m., with another four between 11:00 a.m. - 12:00 p.m. ► Speed enforcement since June 1, 1998 has resulted in two tags for speeding. Councilmember Hilstrom questioned if SMART is the only way to keep track of speed and the number of cars. She feels with SMART people tend to have an automatic reaction. Mr. McCauley responded that it could be done manually or with traffic counters across the road. Mr. McCauley discussed that part of what SMART is doing is getting people to pay attention to their speeds. Public Works Director Diane Spector discussed that SMART or a digital counter does decrease speeding by two to three mph. Yvonne Thibodeau, 7236 Halifax Avenue North, addressed the Council with her concerns about the speed on Woodbine. She also questioned why there has not been any response to the speed humps installed by the City about six or seven years ago on Unity Avenue. She has a friend that lives in that area and was wondering what the reaction was to the speed humps. Public Works Director Diane Spector responded that there have not been any complaints with those speed humps and that is why no formal response was given. Councilmember Hilstrom asked Ms. Thibodeau if she is requesting speed humps for Woodbine Lane. Ms. Thibodeau responded that she would like to see them installed to see if that helps the problem. 8/10/98 -14- DRAFT Councilmember Hilstrom questioned with Woodbine Lane being on the bus line if it would be a problem. Mrs. Spector responded yes it would if they were not properly designed and installed. Councilmember Peppe questioned what the cost is for a speeding ticket. Detective Steve Karris responded that the average ticket is about seventy six dollars. Councilmember Peppe then questioned if the tickets could be raised to a higher dollar amount. Mr. McCauley responded that the City does not have control of that. Councilmember Peppe stated that he felt this is an on -going problem and that something needs to be done. He questioned if there was anything else the City could do to send other messages to residents to help the on -going problems. Mayor Pro Tern Lasman reported that this issue was brought to the Council for the safety of Ms. Thibodeau, and that she would like to see increased police patrol if possible. Councilmember Hilstrom requested more information on this item and that it be brought back to the Council to discuss further and find a solution. 8b. CANCEL SEPTEMBER 16, 1998, CITY COUNCIL SPECIAL SESSION DUE TO LACK OF CITY PRIMARY a A motion by Councilmember Carmody, seconded by Councilmember Hilstrom to cancel the September 16, 1998, City Council Special Session due to lack of City Primary. Motion carried unanimously. 8c. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1999 -05 53RD AVENUE TRAIL AND NAMING FISCAL AGENT FOR ADMINISTRATION OF GRANT FUNDS RECEIVED THROUGH THE COOPERATIVE TRAIL GRANTS PROGRAM Mr. McCauley discussed that Public Works Director Diane Spector submitted a grant request to the Department of Natural Resources to assist in the construction of the 53rd Avenue Trail component of the 53rd Avenue Development and Linkage Project, and that the City was awarded with $50,000 to assist in the construction. RESOLUTION NO. 98 -140 Councilmember Hilstrom introduced the following resolution and moved its adoption: 8/10/98 -15- DRAFT ® RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1999 -05, 53RD AVENUE TRAIL AND NAMING FISCAL AGENT FOR ADMINISTRATION OF GRANT FUNDS RECEIVED THROUGH THE COOPERATIVE TRAIL GRANTS PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 8e. SALE OF CITY PROPERTY ON 67TH AVENUE Mr. McCauley discussed the City received inquiries from two parities about the possibility of purchasing the property owned by the City. The site is approximately 9,600 square feet and is located on the boundary of 252 and immediately south of 67th Avenue. This land is a remnant piece from Mn/Dot's 252 project. Mr. McCauley requested direction from the Council to request proposals for the sale of the property. Councilmember Hilstrom questioned if this property is zoned. Mr. McCauley responded that it is zoned R -1. A motion by Councilmember Hilstrom, seconded by Councilmember Peppe to solicit proposals for the sale of the property on 67th Avenue. Motion passed unanimously. 8f. REPORT ON COMMUNITY CENTER HOLIDAY CLOSINGS Mr. McCauley discussed that CARS Director Jim Glasoe is recommending closing the Community Center for the New Year's, Memorial Day, Fourth of July, and Labor Day holidays along with the holidays of Thanksgiving, Christmas, and Easter. Councilmember Hilstrom questioned how membership holders will be aware of these extra closing holidays. Mr. McCauley responded that they would be notified. A motion by Councilmember Hilstrom, seconded by Councilmember Carmody to close the Community Center for New Year's, Memorial Day, Fourth of July, and Labor Day. Motion passed unanimously. 8g. SALE OF CITY PROPERTY FOR REGAL THEATER DEVELOPMENT Mr. McCauley discussed this item was placed on the agenda for a report to the Council and that the ordinance could not be introduced because the developer has not submitted the correct legal description yet. 8/10/98 -16- DRAFT ® 8h. STAFF REPORT RE: DRAFT BROOKLYN BOULEVARD RIGHT OF WAY AGREEMENT Mr. McCauley discussed that included with the agenda materials was a copy of the draft agreement from Hennepin County. It represents a significant improvement in the proposed terms that would govern the right -of -way acquisition and cost sharing for the proposed Brooklyn Boulevard Project between 64th Avenue and 71 st Avenue. Some of the key points are that the City would be responsible for acquiring the right -of -way from 69th Avenue to 70th Avenue. The City and County would share the total cost of the acquisition and relocation on a 50150 basis, whereas previously the cost basis that was in the proposed agreement would have had the City and County sharing only the cost of acquiring the specific land that was going to be used. Mr. McCauley discussed the item that is missing is that while Hennepin County is proceeding with the Phase I Environmental, which is very important in ascertaining costs estimates, they have not prepared appraisal based estimates of the cost of acquisition. The number seen in the draft agreement represents cost of acquisitions based on the 1994 estimates that were done. As discussed several other times, these are not based on an appraisal. Mr. McCauley discussed this was an update to the Council on the status of where the City is with • Hennepin County and feels that they have made significant progress in delineating how the City and County would approach cost. 8i. APPOINTMENT OF FINANCIAL ADVISOR Mr. McCauley discussed his recommendation after reviewing proposals and the work of a committee comprised of the Mayor, Councilmember Lasman, Councilmember Carmody, Financial Commissioner Chair Don Escher, and Financial Commissioners Blamey and Hruska to appoint Springsted, Inc., for the City's Financial Advisor. A motion by Councilmember Carmody, second by Councilmember Pepper to appoint Springsted, Inc. Motion carried unanimously. 8j. REPORT ON PHILLIPS 66 GAS STATION Mr. McCauley discussed that a number of inquires have been made, but at this time we are unable to confirm if the Phillips 66 Gas Station is for sale. 8/10/98 -17- DRAFT 0 ® 9. ADJOURNMENT A motion by Councilmember Hilstrom, seconded by Councilmember Carmody to adjourn the meeting at 9:59 p.m. Motion passed unanimously. City Clerk Mayor • 8/10/98 -18- 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 WORK SESSION AUGUST 17, 1998 CITY HALL CONFERENCE ROOM B CALL TO ORDER The Brooklyn Center City Council met for a Work Session meeting at Brooklyn Center City Hall and was called to order by Mayor Myrna Kragness at 7:03 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kay Lasman, and Robert Peppe. Also present: City Manager Michael J. McCauley, Community Development Director Brad Hoffinan, Don Escher, Chuck Lenthe, and Recording Secretary Maria Carlson. DISCUSSION OF DEVELOPMENT ISSUES/PROJECTS Mr. McCauley distributed an aerial and discussed the potential use of the Joslyn site. Mr. McCauley outlined a potential use of a tax increment soils district to bridge a gap in the costs of re- developing this superfund site. If tax increment were used, it would be a pay as you go district of three to five ears. The e of re-development would generate approximately 200 jobs in the first phase, with Y type p g pp Y J the potential for 200 additional jobs in phase two. Councilmember Hilstrom questioned what if the laws changed. Mr. McCauley responded that there are no absolutes however if the laws changed it would unlikely impact the development since the City's only obligation would be to pay if there was actual tax increment available. Councilmember Hilstrom questioned what type of development this would be. Mr. Hoffman responded that Napa Auto has identified this proposed development site as their number one site for their new regional distribution center, and would like to start construction this coming spring. Mayor Kragness questioned if there would be any problems with contamination. Mr. Hoffman discussed that the site has been cleaned and that this would be the first super site in the Country that would be reused. Mr. McCauley responded the site may be split into two phases due to issues with the MPCA, and that utilities will be trenched. 08/17/98 -1- DRAFT Councilmember Hilstrom questioned who would be responsible for problems that arise. Mr. McCauley responded the developer would be responsible. Councilmember Hilstrom questioned if TIF financing would be used for this development. Mr. Hoffman indicated in his memo that the only way the City would fund this project, is if the City Council elects to do so and it would be with TIF financing. Councilmember Hilstrom discussed this is the type of project TIF was created to address. Mr. McCauley asked if the Council was interested in having the staff continue discussions, including the possible use of tax increment financing. Any specific proposal would be brought to the Council for their review. The Council indicated an interest in continued work on this potential project. Mr. Hoffman did want the Council to know this development is close to purchase agreements. Mayor Kragness would like to see a follow up on this development. Mr. McCauley discussed Brookdale and that staff will be meeting with Springstead on August 20, 1998 to discuss Mr. Schlesinger's latest financial projects and request. A meeting will then be scheduled to meet with Mr. Schlesinger to discuss financing. Mr. McCauley requested this be discussed at the next Work Session with the Council, prior to negotiations with Talisman. SOCIAL SERVICE FUNDING REQUESTS The City Council received copies of requests received from agencies for 1999 Social Services Funding. The Council discussed the time deadline for applications and whether a late application should be considered. Mr. McCauley discussed that the purpose of this discussion was to identify how much money should be in the budget and its allocation. The money in the draft budget 1999 is the same that was budgeted for 1998; however, Project Peace decreased and Northwest Hennepin Human Services Council and Five Cities Senior Transportation increased. Councilmember Peppe suggested to give all agencies funded in 1998 money in 1999, however he would like to see the total amount dropped 20 %. After discussion, a majority of the Council indicated that they would support the following allocations: North Hennepin Mediation Program, Inc. $4,000 Brooklyn Peacemaker Center, Inc. $6,500 Brooklyn Community Band $1,000 Heritage Festive $ 500 The Council recessed at 8:24 p.m., and reconvened at 8:30 p.m. 08/17/98 -2- DRAFT • Mr. McCauley requested discussion of some miscellaneous items at this time. The Ground Breaking for the new Fire and Police Stations needs to be scheduled. Mr. McCauley suggested September 1, 1998 at 8:00 and 9:00 a.m. This item will be put on the August 24, 1998 agenda. DRAFT GENERAL FUND BUDGET DISCUSSION Mr. McCauley informed the City Council this is the first review of the budget. The materials reflect revenues that include permit fees for the renovation of Brookdale. This revenue is offset with expenditures for a temporary full -time inspector and an increased amount in contingency. Mr. McCauley discussed this may be changed to a narrative, rather than increase revenues and contingency if the revenue is uncertain. The column "Manager Recommended" is not in final form and exceeds the final amount that will be recommended. The General Fund budget will be in balance when presented to the City Council for approvals. Before going through the memo included with the agenda materials, Mr. McCauley discussed that he would like to include specific targets for traffic in the Police budget narrative to reflect the City Council's discussions. Councilmember Hilstrom questioned Code Enforcement and what Code Enforcement Officers responsibilities are. Mr. McCauley responded they enforce junk vehicles, vehicles in grass, transport • prisoners, serve as jailers, and numerous support activities in the Police Department. Mr. McCauley discussed the following: The current revenue estimates are higher than last year by four percent due to inclusion of Brookdale building permit fees. The operating total is $12,738,107 and the total with Police/Fire bonds and street bonds is $13,711,760. The departmental requests are $13,958,152, and a total revenue $13,711,760 with a deficit of $246,392. The current status of the budget has a gap of approximately $55,000. The gap between the Manager's Recommended and revenues is $147,183, with $95,000 of additional reductions identified. The budget summary sheets now refer to "Purchased Services" rather than "Consulting" for the grouping of the following expenses: Charter Commission, Professional Services, Benefits Administration, Legal Services, Audit and Financial Services, Medical Services, Instructors, and Casual Labor. Recreation Administration has a narrative for CARS administration to reflect the broader scope of responsibilities and in a future draft, CARS administration may be separated from Recreation administration. 08/17/98 -3- DRAFT • The budget reflects retention of the full -time position in Administration that was reduced to part-tune earlier this year as an experiment moving a person from Community Development to the front desk. Experience, and the auditor's report, make retention of a full -time person advisable. The Fire Chief has requested additional part-time pay for drills and duty. Councilmember Carmody questioned if this was to help the job become more attractive. Mr. McCauley responded that it would help the job look more attractive and that this is something that other departments are doing. Mr. McCauley recommended the increase be approved with a three year phase -in. A request for a MIS Technician is included in the budget. Mr. McCauley discussed that he has not had an opportunity to discuss this with the MIS Coordinator and doubts this will be included in future discussions. An intern may be used to work on year 2000 issues. Public Works is requesting an additional Engineering Technician and to reduce the use of seasonal personnel as a partial offset to the cost of an additional technician. Mr. McCauley believes this request for a full -time person appears to be justifiable and will require specific goals for the position's use of time on specific projects. The Police building maintenance includes a full -time custodian position. Mr. McCauley advised that Mr. Glasoe obtained quotes from janitorial services and determined it was more cost effective to use an employee. ® Mr. McCauley discussed that he is proposing to hire an entry level administrative /special projects person instead of hiring a department head level person to assist with special projects and management. This position would be in administration and report to Mr. McCauley. Mayor Kragness questioned if this person would be able to free up Mr. Hoffinan, along with Community Development Specialist Tom Bublitz. Mr. McCauley responded that this person would be able to help out and provide support in many areas. Councilmember Carmody questioned what the salary range for this person would be. Mr. McCauley responded around $30,000 to $35,000. Logis charges in the General Fund are up, even though the recreation component has been dropped. The cost of going through Logis for the recreation program has been approximately $14, 000 per year. The draft budget contains money for a one -time fee of $14,000 to purchase a license from the vendor and paying $4,000 for annual use and support. The cost of the police mobile computing devices has increased approximately $10,000 for 1999. Under capital items the Fire Department is requesting an additional $10,000 for the replacement of the salvage truck above the accumulated depreciation. The Police Department requested an additional Taurus for the Neighborhood Liaison. Mr. McCauley's recommendation eliminated the additional car, replaced the Taurus in the normal course with a smaller car, and replaces the captain's car with one of the Crown Victoria's. This would result in no increase in the number of cars and reduce the cost of one of the replacements to be purchased in 1999. 08/17/98 -4- DRAFT The budget includes $9,000 for new aerials of the City that were last done in 1989. $14,000 is included for the special assessment against park property for the Bellevue project. $5,500 is included for special fencing behind hockey goals to protect persons in the area. $20,000 is included to replace the large copier at City Hall. The level of transfers to the Special Assessment Construction Fund for street projects is at $394,197. This amount will need to be increased in future budgets to keep the program going. The Earle Brown Days Committee has not requested any specific level of money and support yet for the year 2000 celebration. Councilmember Hilstrom questioned how much money the City contributed to the 25th Anniversary to compare what the cost may be for the City in this celebration. Mr. McCauley responded that this could be looked into for planning purposes. Health insurance premiums may rise dramatically and put some pressure on the City's contribution in union negotiations. Assistant City Manager/HR Director Jane Chambers will be working with non and non -union employees to begin discussing and have both side involved. Under miscellaneous issues, Mr. McCauley asked if the City should consider using some portion of increasing lodging taxes for the Heritage Center. Councilmember Hilstrom questioned if this would effect the tax levy. Mr. McCauley responded it would not. Mr. McCauley began the discussion of the outline of the five year plan for the General Fund. Mr. McCauley discussed with wages increasing higher than inflation the parameters may be low in the model. He would like to start looking at different scenarios and how to approach this. The Council discussed potential impacts of economic documentation and past experiences during those periods on budgets and costs. ADJOURNMENT Councilmember Carmody made a motion to adjourn the meeting at 10:59 p.m., seconded by Councilmember Lasman. Motion passed unanimously. City Clerk Mayor 08/17/98 -5- DRAFT City Council Agenda Item No. 7b • City of Brooklyn Center Agreat place to start. Agreat place to stay. MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Maria Carlson, Administrative Technician DATE: August 19, 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, submitted appropriate applications, and paid proper fees. Licenses to be approved by the City Council on August 24, 1998: MECHANICAL SYSTEMS Total Refrigeration Systems, Inc. 221 South Concord Eshange, South St. Paul RENTAL DWELLINGS Initial: Amy Lewis 5333 Brooklyn Boulevard Donald Renelt 6744 France Avenue North Renewal: Dennis Hargett 7037 Unity Avenue North Donna Kabanuk 4207 Lakeside Avenue North 4123 Joseph Brauer 6315 Brooklyn Boulevard TLN LA NEL Twin Lake North Apartments Randall Tyson 5137 -39 France Avenue North Richard Dawson 3955 69th Avenue North 6301 Shingle Creek PkKv, Brooklyn Center, W.N 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 I City Council Agenda Item No. 7c 1 � CFIyT BROOKLYN CENTER -' a POLICE DEPARTMENT POLICE MEMORANDUM TO: Sharon Knutson, City Clerk FROM: Joel Downer, Chief of Police — DATE: August 7, 1998 SUBJECT: Application for Temporary Beer License St. Alphonsus Church On August 7, 1998, the Brooklyn Center Police Department received an Application for a • Temporary Beer License from St. Alphonsus. This application is for an event to be held at the church located at 7025 Halifax Ave on Saturday, September 20, 1998. Certificate of appropriate insurance coverage along with the $10 fee has been submitted. If you or any member of the City Council objects to issuing this license, please advise. The attached application only needs your signature. JD:kh alphs393 mem • City of Temporary Beer Brooklyn Center License Application Organization Name: INFORMATION ON CONTACT PERSON FOR ORGANIZATION Name: Address: Home Phone: �/ a_ / --c�%o Work Phone: k, INFORMATION REGARDING THE EVENT Name of Event: 10 :ation of Event: Address (City, State, Zip) Date(s) of Event: oza zs; W� Time(s) of Event: Security For Event: Signature of Applicant / Date:.— �.-y,� Return completed applaca a w th fee ($1 /day) to the Brooklyn*Center Police Dept. Brooklyn Center requires proof of $300,000 dram shop liquor liability insurance with the City of Brooklyn Center named as an additional insured. This should be in the form of a certificate of insurance or an insurance binder. However, if your event is being held on City property, such as a City park, you are required to have proof of $500,000 dram shop liquor liability insurance with the City of Brooklyn Center named as an additional insured. 4c�c* 9eieic�c�c�c�cir�c�e�r9c�ticiek9cit�c�ie'eieir�c O pplication Approved: Date: City Clerk tcmpbec. W a Jul -98 THE CATHOLIC MUTUAL. RELIEF SOCIETY 4223 CENTER ST, OMAHA, NE 68105 CERTIFICATE OF COVERAGE This is to certify that the following coverage is in force issued in the name of: ARCHDIOCESE OF ST PAUL - MINNEAPOLIS CHANCERY OFFICE 226 SUMMIT AVENUE ST PAUL, MN 55102 Certificate Number: 8589 Term; 7/01/. 7 /01 /?9 Covered Premises: Location /Property Sm AL HONSrtS :� a , v 7025 u,Ar,iFm AvEt N, BROOKLYN CENTER, MN 55429 -1394 Real Property Personal Property Deductible Coinsurance Additional CITY OF BROOKLYN CENTER Protected Pe--son General Liability 500,000 Medical Payments (Combined single limit) (Each person - excluding school students) Excess Liability 1,000,000 C010 ENTS: COVERAGE EXTENDS TO GOLF OUTING alNlvF.R ON Cb RCH PREMISES OIL SEPTEiSER 20, 199E INCLUDES LIQUOR LIABI'LIT. In the event of can cellation of this coverage the Society will mail notice thereof to: CR- ,NCERY OFFIC Ttt W PA r T Should any of the above described coverages be cancelled before the exp ixatior. ria the reof, the carrier will endeavor to mail 30 days written notice to the certificate holder, but failure to mail such notice will impose no obligation nor liability upon the Societv. Dated at OvL..A;iA, NEBRASKA This 11TH Day of AUGUST 1998 BY Autor�i Zed Represatttat ive • Form Number H80079 i 'ak By6dW&i i� i 9hWY1 "'�5"II� E L I M-0-% ErV 17 1LI-r 1 _11 I (TO BE ATTACHED TO CERTIFICATE) Effective Date of Endorsement Auqust 11, 1998 Charge Credit Certificate Holder Archciiocese. of St Paul - Minnrzaoolis S! P3u! kvP" c oo c The Catho!ic Mutua! Reiief is smerlded as follows: SECTION If -ADDITIONAL PROTECTED PERSON(S) 1 is understood and agreed that who is a Protocted Per3on(s) (Soction 10 is amended as an ADD i PROTECTED PERSON(S) members of the oWnizeft but only with respect to their liabirity for the Probbetw FW106 8 they pcftrm an behalf of the Protaoted fwv"j It is further understood and agreed that covbrrage exten erl un r 'I N A a applies only with respect to liability assumed by contract or agmement: and * tats ' coverage shall not enlarge the scope of coverage provided under this certificate or Ino maw the of liability thereunder. Schedule - ADDITIONAL PROTECTED PERSON(S) Ciry of Brooklyn Center • Remarks: St Alphonsus, Brooklyn Center, MN will have a Golf Outing Dinner on Church Premises on September 20, 1998. Includes Liquor Liability 0 I Authorized Reorki6lntatve City Council Agenda Item No. 7d • IMENIOR AND UIll DATE: August 19, 1998 TO: Michael J. McCauley, City Manager FROM: Joyce Gulseth, Public Works Administrative Aide V 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 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES WHEREAS, a Notice to Abate Nuisance and Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners twenty (20) days to remove diseased trees on the owners' property; and WHEREAS, the City can expedite the removal of these diseased trees by declaring them a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The diseased trees at the following addresses are hereby declared to be a public nuisance: TREE F.------------------- PRQ2=Y- gD-DRaS------------ �'�'= -BER - - - - -- METRO TRANSIT 65TH/BROOKLYN BLVD 190 MARGARET DAVIS 6330 JJUN - AVE N 191, 192 & 194 LEDERLO & MARGARITA LAO 6324 JUNE AVE N 193 EDA OF BROOKLYN CENTER 53RD &, CAMDEN 195, 196, 197 LATONIA JOHNSON 2807 63RD AVE N 198 STEVEN GOLDSMITH 505 61 STAVE N 199, 200, 201 CURTIS CADY 6915 BROOKLYN BLVD 202 & 203 BROOKDALE CHRYSLER PLY_NIOUTH 6121 BROOKLYN BLVD 204 LAURENCE & JANET POLYS 5936 WASHBURN AVE 205 ROGER & SANDRA WOODFORD 5737 IRVING AVE N 206 MARK & MICHELLE SCHMID 6116 CAMDEN AVE N 207 ARNOLD & ROXANvTE KOERBER 7242 NEWTON AVE N 208 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. RESOLliTION NO. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 7e • ME Nil 0RANDU:7T • DATE: August 20, 1998 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Wory SUBJECT: An Ordinance Providing for the Sale of 1N1nIDOT Turnback Property Adjacent to 6th Avenue North The City has recently received a turnback quitclaim deed from Mn/DOT for Parcel 313 of Right of Way Plat 27 -20. This parcel is adjacent to 65th Avenue, between Lilac Drive and Camden Avenue (see attached map). It has been proposed to sell this parcel to the developer of the Regal Theater development. This ordinance is presented for a first reading, with a second reading and public hearing scheduled for September 14, 1998. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 14th day of September, 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 providing for the sale of excess Mn /DOT right of way turned back to the City. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE SALE OF MN /DOT TURNBACK PROPERTY ADJACENT TO 6TH AVENUE NORTH THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. The real property owned by the City and described below is hereby authorized to be sold and conveyed to Crown Brawley LLC. The sale shall be made according to the terms and conditions of the purchase agreement attached as Exhibit A to this ordinance. That part of Tract D, Registered Land Survey No. 678, shown as Parcel 313 on Minnesota Department of Transportation Right of Way Plat Numbered 27 -20 as the same is on file and of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota; the title thereto being registered as evidenced by Certificate of Title No. 742403 Section 2. The Mayor and City Manager are authorized and directed to sign all documents necessary to effect the sale contemplated by this ordinance, including, by way of illustration and not limitation, the execution of all documents, purchase agreements, deeds of conveyance, and other instruments connected with such sale, transfer or disposition and conveyance. Section 3. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of 1998. 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OOC..0. 502.2u o-i4 ran ,.aras..•nT Z i OFFICE a .IE0ISTRAR O% TITLES I OF9ICE Of COt.01TT PC_V_ER 5_, Car $tor.• .or.wrr. :.cy1E°iN 'OuN T7, INN. co I +F V.FS 1, ..1, I y Co-~• ~ - I i S < ;E 31 (£R!111 T4A' T4!S ^ d7 I I NE°E4T wR'IFT :YA' TY11S a' •7 _I ARE EY'RS67C rA 1 Nai SEEN FILE3 :N T41S S:ICE 1 N•S SEEN 5 11=7 �N T41S Sc •T�o aaa� s •T_r 401+.04 :� - .i7�4 1 AUa 'r4 Pg;E- �I a001_JF _x City Council Agenda Item No. 7f 1 • MEMORANDUM DATE: August 20, 1998 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Work[/ SUBJECT: An Ordinance Vacating Portions of North Lilac Drive, Camden Avenue North, and 65th Avenue North This item provides for the vacation of portions of three streets in the area of the Regal Theater development. There are utilities located in 65th Avenue. The plat of REGAL ROAD DEVELOPMENT ADDITION will dedicate the appropriate utility and drainage easements. This ordinance is presented for a first reading, with a second reading and public hearing scheduled for September 14, 1998. i 10*16 PAR 6 1 Is LU z cr_ . mi (10 .. ;tp \0 cr 0 SIB s 0? ....... LU 7 0 11 0 110 z1 (9) L0 -------------------- PARI OF F 2: '. `- 39 P ------- - — 5. 19 --- 55. LOT 'T t . - Z -- - LU 771-- ------- ------------ c (29) �A :31) '30) 00 tio t ( sol (2 (i I) �� n � 1 O QG 33 1 2 19.01' G (34) SO t�g I I SD NO 21, 13 65TH 21 AVE MVOT VAA N o 7.1 - o ' . . 1 1145.1 =" IF �PROJ 11071 ty,J) 30 301, (Tr d vc. no, 1 3 7) ROADWAYS C TO BE N VACATED 3g4,, 77.54 47 1. w 51.5 LT 0 ' pao J 16) yj ILI j 4 - 3 fL tr 6 0 3 � L-154. 19 ------------ ----------------- ---------- { CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 14th day of September, 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 vacating portions of several street rights of way. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE VACATING PORTIONS OF NORTH LILAC DRIVE. CAMDEN AVENUE NORTH. AND 65TH AVENUE NORTH THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1 The street rights of way described below are hereby vacated. That part of Camden Avenue to be VACATED: That part of to be vacated Camden Avenue as platted in NORDLING WELTER ADDITION, Hennepin County, Minnesota lying northerly of the following described line; Commencing at the southeast corner of Lot 1, Block 1, said NORDLING WELTER ADDITION; thence on an assumed bearing of North 4 degrees 57 minutes 11 seconds West, along the east line of said Lot 1, a distance of 34.00 feet to the point of beginning of the line to be described; thence North 85 degrees 02 minutes 49 seconds East 30.00 feet to the east line of said plat and there terminating and lying southerly of the following described line; Commencing at the above said point of beginning, thence North 4 degrees 57 minutes 11 seconds West along said east line of Lot 1, a distance of 297.37 feet to the point of beginning of the line to be described; thence southeasterly along a non - tangential curve concave to the northeast, 62.83 feet to the east line of said plat and there terminating, said curve has a central angle of 60 degrees 00 minutes 00 seconds, radius of 60.00 feet and a chord bearing of South 34 degrees 57 minutes 11 seconds East. That part of to be vacated Camden Avenue N as dedicated in the plat of LYNBROOK BOWL ADDITION, Hennepin County, Minnesota lying southerly of the following described line: Commencing at the southeast corner of Lot 1, Block 1, NORDLING WELTER ADDITION; thence on an assumed bearing of North 4 degrees 57 minutes 11 seconds West, along the east line of said Lot 1, a distance of 331.37 feet to the point of beginning; thence southeasterly along a nontangential curve concave to the northeast, 94.25 feet to the east line of said Camden Avenue N and there terminating, said curve has a central angle of 90 degrees 00 minutes 00 second radius of 60.00 feet and a chord bearing of South 48 degrees 57 minutes 11 seconds East. That part of to be vacated East Half of Camden Avenue N as described and filed in Document No. 3101457, Document No. 3286378 and Document No. 2993221. Ordinance No. f art o That P 65' Avenue to be VACATED: That part of to be vacated Tract G, Registered Land Survey No. 678, Hennepin County, Minnesota opened as 65th Avenue North; That part of to be vacated 65th Avenue North as dedicated in the recorded plats of LYNBROOK BOWL ADDITION, also described and filed as Document No. 2986316 and MENDENHALL'S OUTLOTS, Hennepin County, Minnesota; That part of to be vacated 65th Avenue North as conveyed for road purposes to the Village of Brooklyn Center (now City of Brooklyn Center) by Deed dated October 28th, 1954, filed April 28th, 1961 as Document Number 655873 Office of Registrar of Titles, Hennepin County, Minnesota, and that part of to be vacated Minnesota Department of Transportation Right -of -Way Plat No. 27 -20 all lying easterly of the northerly extension of the west line of Lot 3, Block 1, said Lynbrook Bowl Addition and lying westerly of a line described as beginning at Point B7 as designated on said Right -of -Way Plat 27 -20, thence southerly to Point B 2054 as designated on said plat and there terminating. That part of to be vacated Tract D, Registered Land Survey No. 678 designated as Parcel 313 on the Minnesota Department of Transportation Right -of -Way Plat No. 27- 20. That part of Lilac Drive to be VACATED: That part of to be vacated Lilac Drive as dedicated in the recorded plat of LYNBROOK BOWL ADDITION, Hennepin County, Minnesota. 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 Council Agenda Item No. 7g • • • MEMORANDUM DATE: August 20, 1998 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Works SUBJECT: An Ordinance Vacating a Portion of Three Utility Easements This item provides for the vacation of portions of three utility easements, relating to the Regal Theater development. The first of these easements is a 60 foot wide utility and drainage easement in SUPERAMERICA ADDITION. This easement is much wider than is necessary. A sanitary sewer lateral is located in the easement. This 60 foot wide easement lines up with 5th Street north of the holiday development, and it apparently dates from a time when it was thought that 5th Street would be extended south to 65th Avenue. The portion of the easement to be vacated is located on the old "Fiterman" parcel, which is being incorporated into the Regal Theater development. �) The second easement is a remnant of an old easement over a portion of Lilac Drive, which had been superseded by the dedication of Lilac Drive but which still exists of record. The third easement is a similar situation to the second, but it is located on Camden Avenue. This ordinance is presented for a first reading, with a second reading and public hearing scheduled for September 14, 1998. N 7 5-70 86 PmCEL �c - -_r I .". - - '0.2, 51 P�CEL e - - - 10 al '41-53 0, UJ LW 1 1 (loo T*-- . ..... 10. ......... LLJ L 3n2L--- t k �s ... ........ 1 -30 L \ ISy A 27) Lli ----------- pAr OF F 19 --- -- -- 2606 ---- LOT IT (33) -- if..t ----- ------------ (M) poc 0 00 C, vlo i 144.bg 155.58 19.07 ocD in ViL SD NO 286 33 G (34) NR I ROGE- -!>' 65TH 8 AVE IAO-T PLA Wo &45 1 30 54 1 133 30 301 IF PROD N 6.21 $85 11 no. 2yg6316 UTILITY EASEMENTS TO BE VACATED p 50 C\i 3"" T7.54 5 1.5 411.94 1.5 0 O W t - - - - - - - - - - :2 k� � �b y 9 p0 T-Z27.57 10 ---------------- -------------------------- CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 14th day of September, 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 vacating portions of three utility easements. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE VACATING PORTIONS OF THREE UTILITY EASEMENTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. The portion of a utility easement in SUPERAMERICA ADDITION described below is hereby vacated. A 60 feet utility easement for sanitary sewer purposes over, under and across that part of Lot 2, Block 1 Super America Addition, Hennepin County, Minnesota. The centerline of said 60 feet wide easement is described as beginning at a point on the north line of Lot 18, Auditor's Subdivision No. 310, 422.63 feet west of the northeast corner thence southerly to a point on the south line of said lot, 423.37 feet west of the southeast corner. Filed as Document No. 3286379 Section 2. The portion of a utility easement described below is hereby vacated. A utility easement for Sanitary Sewer purposes over, under and across that part of Section 36, Township 119, Range 21 Hennepin County, Minnesota described as follows: Commencing at a point, 580 feet north and 200 feet west from the intersection of the center line of Highway 100 with the center line of Highway 169, thence northeasterly at an angle to the right of 106 degrees, 30 minutes, 40 seconds a distance of 67 feet, thence at an angle to the left of 107 degrees, 08 minutes, 40 seconds a distance of 41.86 feet, thence southwesterly at an angle to the left of 72 degrees, 51 minutes, 20 seconds a distance of 42.00 feet, thence at an angle to the right of 35 degrees, 08 minutes, 20 seconds a distance of 218.84 feet, thence at an angle to the left of 90 degrees a distance of 40 feet, thence at an angle to the left of 90 degrees 231.50 feet to the point of beginning. Filed as Document No. 3290058 • ORDINANCE NO. Section 3. The portion of a utility easement described below is hereby vacated. An easement for public utility purposes over, under and across the easterly 40 feet of the following described property lying within Section 36, Township 119, Range 21: Commencing at a point in the center line of West River Road a distance of 905 feet north from its intersection with the center line of State Highway No. 100, thence west parallel with the north line of Government Lot 3 to the east line of Lot 6, Mendenhall's Outlots, thence southerly along said lot line 260 feet, thence east parallel with said north line to the center line of West River Road, thence northerly to beginning, except Highway, exceptroad. Filed as Document No. 3294584 Section 4. 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 Council Agenda Item No. 7h • • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 14th day of September, 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 proving for the sale of certain real property of the City. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE SALE OF CERTAIN REAL PROPERTY OF THE CITY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. The real property owned by the City and legally described as Lot 4, Block 1, Lynbrook Bowl Addition is hereby authorized to be sold and conveyed to Crown Brawley LLC. The sale shall be made according to the terms and conditions of the purchase agreement attached as Exhibit A to this ordinance. Section 2. The Mayor and City Manager are authorized and directed to sign all documents necessary to effect the sale contemplated by this ordinance, including, by way of illustration and not limitation, the execution of all documents, purchase agreements, deeds of conveyance, and other instruments connected with such sale, transfer or disposition and conveyance. Section 3. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of .1998. Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted, underline indicates new matter.) _ 1 4,!0 1 1 (-)8) �jo 11 1 1 L 4,70 " , 1 1 % 1., 6525 9500 43 FC75 33 r55. 9 144 Ag 60. 71 3 1 29 — — — — — — — -- vlEo 10 28 k-1,.. l 19. 07 a C 0 TO VILL 12 19. 07 65TH AVE N MM,40f R/- �'LAr 27-Z0 ..•.....••........ — .... 645. 685*26'03"E — — ' - - - - -- — _vir_ 7 I ---------------------- — 4 r6. 21 ..................... ii 1 - 30 1 � I 1 50 394.4 7. rl ai. 5 471.94 LLJ � 0 IA IN Fn ------------- O - — — — — — 200 — — — — — - ul CD V 34 .......... (Draft Copv1 €i PURCHASE AGREEMENT, 1. PARTIES. This Purchase Agreement is made as of this day of June, 1998, by and between the CITY OF BROOKLYN CENTER, a Minnesota municipal corporation ( "Sellers "), and CROWN BRAWLEY LLC, a Minnesota limited liability company ( "Buyer"). 2. OFFER/ACCEPTAINCE. Buyer offers to purchase and Seller agrees to sell certain real property located in the City of Brooklyn Center, Minnesota legally described as follows: Lot 4, Block 1, Lynbrook Bowl Addition, according to the recorded plat thereof, Hennepin County, Minnesota ght, titl, and intc.cst of So11ar no, hc1_' or he aaftar acquire 1 :'. t-2 ,ay ma d art 11 e F " il.�. j : L�.i i Fi tS x.11 d2'i �'.tYYTU Z t .1 at t �tiCfY' — t: G� - m c.� pur�xzci�Vr 3. PRICE AND TER�ti1S. The price for the Property is Seventy -eight Thousand and 00 /100 Dollars ($78,000.00) (the "Purchase Price ") which Buyer shall pay as follows: Earnest money of Five Hundred and no /100 Dollars ($500.00), in cash, paid to Title (hereinafter defined), receipt of which is hereby acknowledged by Seller; and Seventy -seven Thousand Five Hundred and 00 /100 Dollars ($77,500.00) in cash on or before the date which is ten (10) days after the Contingency Date (hereinafter defined) (the ( "Date of Closings "), subject to extension in the event (and to the extent) that the Contingency Date (hereinafter defined) is extended as hereinafter provided, and subject to any extension required to effect the cure of Buyers title objections in the manner provided in Paragraph 13 (TITLE CORRECTION AND REMEDIES) hereof. The parties hereto agree that said Earnest itiioney shall be deposited with Stewart Title Company of Minnesota (`�it1e "), to be held in escrow by Title and disbursed as provided in this Purchase Agreement. Buyer shall pay all escrow fees charged by Title for holding and disbursing said Earnest Money. Such escrow shall be subject to the further terms and conditions set forth in Paragraph 21 (DUTIES OF TITLE) hereof. 4. DEEDNIARKETABLE TITLE. Upon performance by Buyer, Seller shall execute and deliver a Quit Claim Deed (the "Deed ") conveying marketable title, subject to (a) building and zoning laws, ordinances, state and federal regulations; (b) reservation of any mineral rights by the State of Minnesota; and (c) exceptions to title which constitute encumbrances, restrictions, or easements which have been disclosed to and accepted by Buyer as provided in Paragraph 12 (EXAMEN - ATION OF TITLE) and Paragraph 13 (TITLE CORRECTIONS AND REMEDIES) of this Purchase Agreement. 5. REAL ESTATE TAXES AND SPECIAL ASSESSN1ENTS. Real estate taxes due and payable in and for the year of closing shall be prorated between Seller and Buyer on a calendar year basis to the actual Date of Closing, unless otherwise provided in this Purchase Agreement. CAH -1 , 2 B 1t =91 -1 32 Buyer and Seller shall prorate as of the Date of Closing all installments of special assessments certified for payment with the real estate tares due and payable in the year of closin. -4 7 + Seller shall pay on or before the Date of Closing all other special assessments levied as of the date of this agreement. Seller shall pay all special assessments pending as of the date of this Purchase Agreement for improvements that have been ordered by the City Council or other governmental assessing authorities. As of the date of this Purchase Agreement, Seller represents that Seller has not received a Notice of Hearing of a new public improvement project from any governmental assessing authority, the costs of which project may be assessed against the Property. If a special assessment becomes pending after the date of this Purchase Agreement and before the Date of Closing, Buyer may, at Buyer's option: A Assume payment of said pending special assessments without adjustment to the Purchase Price; or, B. Require Seller to pay said pending special assessments and Buyer shall pay a commensurate increase in the Purchase Price, which increase shall be the same as the estimated amount of said pending special assessments; or, ® C. Declare this Purchase Agreement null and void by notice to Seller, and in such event the Earnest Money paid hereunder shall be refunded to Buyer. Seller shall pay on the Date of Closing any deferred real estate taxes or special assessments payment of which is required as a result of the closing at the sale contemplated by this Purchase Aareement and/or the proposed development of the Property by Buyer. Buyer shall pay real estate taxes due and payable in the year following closing and thereafter and any unpaid special assessments payable therewith and thereafter, the payment of which is not otherwise provided for herein. Seller warrants that real estate tares due and payable in 1998 will be non - homestead classification. Seller makes no representations concerning the amount of future real estate taxes or of future special assessments. 6. CONDEMNATION OR ADVERSE POSSESSION. If, prior to Date of Closing, eminent domain proceedings are commenced against all or any portion of the Property, Seller shall assign to Buyer at closing all of Seller's right, title and interest in and to any award made or to be made in such proceedings Seller shall assign to Buyer, at closing, any rights to claims of adverse possession. 7. SELLER'S LIEN `VARRANTIES. Seller warrants that there has been no labor or material furnished to the Property for which payment has not been made. This warranty shall be reaffirmed to Buyer in writing by Seller as of the Date of Closing, and shall survive the delivery of the Deed[; provided, however, that any claim for beach of the warranty must be brought within six months afer the Date of Closing. C.-kH-1 46692 3 BR291 -13'_ + CONDITION OF PROPERTY. Buyer [is purchasing the Property in an "as is" condition, with the intention of using it for redevelopment. Seller makes no warranties or representations of any kind concerning] the condition of the Property -{ +(, except as expressly set forth in this Purchase Agreement (for example, as to the release of regulated substances[as set forth in the following paragraph] or as to the existence of wells on the Property). including specifically without limitation, the environmental and geological condition of the Property, in an "AS -IS" and with "ALL FAULTS" condition. Buyer's acceptance of title to the Property shall represent Buyer's acknowledgment and agreement that: (1) Seller has not made any written or oral representation or warranty of any kind with respect to the Property (including without limitation express or implied warranties of title, merchantability, or fitness for a particular purpose); (2) Buyer has not relied on any written or oral representation or warranty made by Seller, its agents or employees with respect to the condition or value of the Property; (3) Buyer has had the opportunity to make its own inspection and investigation of the environmental condition of the Property prior to Buyer's acceptance of title, and Buyer accepts the condition of the Property "AS IS. "] Furthermore, the damage or destruction of any improvements that are a part of the Property shall not affect the obligations of Buyer or Seller hereunder, except that in such event Seller shall assign or deliver to Buyer at closing all of Seller's interest in any insurance proceeds, or the actual proceeds, resulting from such damage or destruction, regardless of when paid. To the best of its knowledge and belief, Seller represents that there has never been a release of any substance on or from the Property which is regulated by any applicable federal, state or local laws, ordinances, rules, regulations, codes, orders or decrees relating to the protection of the environment, in violation of such laws, ordinances, rules, regulations, codes, orders or decrees, includin (without limiting the generality of the foregoing) any leak or spill of petroleum or any of its byproducts. Seller shall] provide Buyer with a copy of all [public] information available to Seller relating to the condition of the Property including, but not limited to, surveys, soil reports, environmental reports, plans for buildings, specifications, and geotechnieal information, if any exist, within (fifteen) 15) days after +4ie+ [this] full execution of +thi4 [the] Purchase Agreement. [Seller makes no warranty or representation as to the accuracy of the information so provided to Buyer.] 9. DISCLOSURE OF NOTICES. Seller has not received any notice from any governmental authority as to the violation of any law, ordinance or regulation with respect to the Property. If the Property is subject to restrictive covenants- �.+[ >] Seller has not received any notice from any person as to a breach of the covenants Seller shall reaffirm these representations to Buyer in writing as of the Date of Closing. 10. CLOSING; ALLOCATION OF CLOSING COSTS. Closing of the transaction 0 contemplated by this Purchase Agreement shall occur on the Date of Closing, at the offices of Title at 1600 `Vest 82nd Street, Suite 100, in Bloomington, Minnesota, at 10 a.m., or at such other place or time of day as the parties hereto may agree to. Seller and Buyer shall each pay C.- H- 146692 � BR_91.152 one -half (1/2) of any fee or charge imposed by Title to close said transaction. Seller shall be responsible for the payment of the State Deed Tarn due on the recording of the Deed, but Buyer shall pay for the cost of filing the Deed. Seller and Buyer each shall be responsible for the payment of their respective attorneys' fees. 11. POSSESSION. Seller shall deliver possession of the Property on the Date of Closing. 12. EYANIINATION OF TITLE. The Property is abstract property, Seller shall, within a reasonable time after the Execution Date (hereinafter defined), furnish Buyer with an Abstract of Title to the Property., If the Property is Torrens title, Seller shall, within a reasonable time after the Execution Date, furnish Buyer with a Registered Property Abstract to the Property. Said Abstract of Title or said Registered Property Abstract (as the case may be) shall include appropriate judgment and tax lien searches. Using said Abstract of Title or said Registered {- PFepeFty }- [Properly] Abstract, Buyer shall obtain a Commitment for an Owners Policy of Title Insurance (ALTA Form B -1992) from Title (the "Commitment ") in which Title agrees to insure good and marketable title to the Property of record without exception, with standard exceptions thereto for mechanic's liens, matters disclosed by survey and rights of parties in possession deleted`, [!] and which provides for increased coverage to include the cost of improvements hereafter constructed on the Property by Buyer or Buyer's assignee. The Commitment shall include affirmative coverage against loss or damage or claims of unmarketability for gaps, gores or overlaps between or within the various parcels which make up the Property and any property adjacent thereto-{-} - In addition within a reasonable time after Buyer's receipt of the Commitment, Buyer shall obtain, at its sole cost and expense, a survey of the Property, dated subsequent to the date hereof and certified to Buyer by a registered land surveyor licensed in the State of Minnesota as having been prepared in accordance with the Minimum Standard Detail Requirements for and Title Surveys, as jointly adopted by the American Land Title Association and the American Congress on Surveying and Mapping in 1997 and as meeting the standards of an "Urban" survey (the "Survey "). The Survey shall show (1) the boundary lines; (ii) the legal description; (iii) the location of all adjacent roadways and any limitation of access; (iv) the location of all utilities located on or adjacent to the Property; (v) the location of a ll easements; (vi) the area of the Property in square feet (exclusive of the area of any roadway easements); (vii) the location of all visible encroachments; (viii) all setback lines, and (ix) all matters referred to on the Commitment that reasonably can be shown on such a survey. Buyer shall have thirty (30) business days after receipt of the Survey to provide Seller with a copy of the Commitment and the Survey and written objections to the status of rte [the] disclosed therein. Buyer shall be deemed to have waived any title objections not made within said thirty (30) day period, except that this shall not operate as a waiver of Sellers covenant to deliver the Deed. No objection shall be made to the exceptions to title listed in Paragraph 5 above or to the standard exceptions to title contained in said Commitment (other than those relating to mechanic's liens, matters disclosed by survey and rights of parties in • possession). The costs of continuing said Abstract of Title to a current date, or the costs of producing said Registered Property Abstract. as the case may be, and the costs of producing said judgment CAE - 14669'_' � B fL91 -182 and tar lien searches, shall be paid by Seller. The service charge for said Commitment and the premium for the policy issued pursuant thereto, if ordered, shall be paid by Buyer. 13. TITLE CORRECTIONS AND REMEDIES. Seller shall have until the Date of Closing to make title marketable. Upon receipt of Buyer's title objections, Seller shall, within ten (10) business days, notify Buyer of Seller's intention to make title marketable within such period. Liens or encumbrances for liquidated amounts that can be released by payment or escrow from proceeds of closing shall not delay the closing. Cure of the defects by Seller shall be reasonable, diligent, and prompt{4 A. If notice is given and Seller makes title marketable, then upon presentation to Buyer and Buyer's proposed lender of documentation establishing that title has been made marketable, and if not objected to in the [same time and manner as the original title objections„ the] closing shall take place within ten (10) business days or on the scheduled Date of Closing, whichever is later . B. Notwithstanding anything contained in this Paragraph 13 to the contrary, and time being of the essence hereof, if Seller has not diligently pursued the curing of any objections to title raised by Buyer within a reasonable time after the removal of all contingencies set forth in Paragraph 16 below, then Buyer shall have the right (but not the obligation) to cure the same and to deduct the costs which Buyer incurs in making such cure from the Purchase Price. C. If title is marketable, or is made marketable as provided herein, and Buyer defaults in any of its agreements herein{ 4, Seller may elect either of the following options, as permitted by law: 1. Cancel this Purchase Agreement as provided by statute and retain all payments made hereunder as liquidated damages. 2. Seek specific performance within six (6) months after such right of action arises, including costs and reasonable attorney's fees, as permitted by law. D. If title is marketable, or is made marketable as provided herein -} and Seller defaults in any of the agreements herein, Buyer may, as permitted by lawL, 1. Seek damages from Seller, including costs and reasonable attorney's fees. 2. Seek specific performance within six (6) months after such right of action arises, including costs and reasonable attorneys' fees, as permitted by law. TLti1E IS OF THE ESSENCE FOR ALL PROVISIONS OF THIS PURCHASE AGREEMENT. 14 BROKER DISCLOSURE AND BROKER REPRESENTATIONS. TERRY(�jbSES) • OF PRUDENTIAL COMMERCIAL SERVICES - METRO DISCLOSES THAT HE IS REPRESENTING BUYER IN THIS TRANSACTION. Buyer is responsible for paying I'Vlr. c.- kH- 1.1669^_ 6 BR291 -132 Moses' +Fee} [fee]. Seller and Buyer each represent to the other that they have not dealt with any other broker in connection with the transaction contemplated by this Purchase Agreement, and each agrees to indemnify and hold the other harmless from any claims, damages, costs or expenses of or for any fee or commission resulting from their actions or agreements regarding such transaction which may be claimed by any such other broker. 15. MINNESOTA LAW. This Purchase Agreement shall be governed by the laws of the State of Minnesota. 16. CONTINGENCIES. Buyer's obligations under this Purchase Agreement are contingent upon the occurrence of the following on or before December 30, 1995 (the "Contingency Date "): A. The results of any investigation of the physical conditions of the Property which Buyer in its discretion may choose to make, which may include an environmental audit of the Property, are satisfactory to Buyer in its absolute discretion. Seller agrees that Buyer and its agents shall have access to the Property at all reasonable times to perform such investigations, provided that Buyer shall be responsible for all costs and expenses relating to such investigations, shall hold Seller and the Property harmless from all liability which may arise as the result of such investigations by Buyer, and shall restore the Properly to substantially the same condition as existed prior to such investigation. B. Buyer and/or its assign has closed, or is prepared to close, the purchase of the fee title to all of the properties described on Exhibit --4+ [A] attached hereto and made a part hereof - -. Buyer in its sole discretion may waive any or all of the foregoing contingencies, which waiver shall be in writing, given to Seller on or before the Contingency Date. However, if all of the foregoing contingencies have not been satisfied or waived by Buyer on or before the Contingency Date, then this Purchase Agreement shall be null and void, without the need for further action on the part of either party hereto, and thereupon Title shall return to Buyer all Earnest Money held by Title. 17 { WELL DISCLOSURE. Except as may be set forth in any Well Disclosure Certificate made by Seller and delivered to Buyer simultaneously with the execution of this Purchase Agreement by Seller, Seller does not know of any "wells" (within the meaning of Minnesota Statutes Section 1031.005, subdivision 21) on the Property. [Seller further represents that there are no underground or above ground storage tanks located in or about the Property, and to the best of Sellers knowledge and belief no such storage tanks have existed in or about the Property or, if any such storage tanks have ejdsted, there has been no leak or spill of any petroleum or its byproducts from any such storage tanks previously existing on meaning of Minnesota Statutes Section 1031,00, subdivision 21) on the Property. Seller further represents that there are no underground or above ground storage tanks located in or about the Property, and to the best of Seller's knowledge and • belief no such storage tanks have existed in or about the Property or, if any such storage tanks have existed, there has been no lead or spill of any petroleum or its byproducts from any such storage tanks previously existing on the Property]. C.AE- 146692 7 BEL91 -1K 18. ASSIGNh1ENT. Buyer shall have the right to assign all of its interest under this Purchase Agreement without the consent of Seller, and upon such assignment Buyer shall be released from all further liability to Seller, or otherwise, under this Purchase Agreement, provided that the assignee of Buyer's interest in this Purchase Agreement assumes in writing all of the obligations of Buyer under this Purchase Agreement. 19. NOTICES. Any notice, demand, request or other communication which may or shall be given or served by Seller to or on Buyer, or by Buyer to or on Seller, shall be deemed to have been given or served on the date the same is hand delivered or deposited in the United States mail, registered or certified, postage prepaid, and addressed as follows+4. If to Seller: City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, NIN 55430 -2199 Attention: Brad Hoffman If to Buyer- Crown Brawley LLC c/o Marc L. Kruger 22220 Monroe Street NW Elk River, N1N 55330 • 20. ENTIRE AGREENIENT. This Purchase Agreement contains the entire agreement between Seller and Buyer relating to the purchase and sale of the Property, and it may be amended only by an instrument in writing signed by both parties hereto and consented to by Title. 21. DUTIES OF TITLE. The sole duties of Title shall be those described herein, and Title shall be under no obligation to determine whether the other parties hereto are complying with any requirements of law or the terms and conditions of any other agreements between said parties. Title may conclusively rely upon and shall be protected in acting upon any notice, consent, order or other document believed by it to be genuine and to have been signed or presented by the proper party or parties hereto, consistent with reasonable due diligence on the part of Title. Title may consult the advice of counsel with respect to any issue concerning the interpretation of its duties hereunder. Seller and Buyer each hereby acknowledge such fact and indemnify and hold harmless Title from any action taken by Title in good faith in reliance thereon. Title shall have no duty or liability to verify any such notice, consent, order or other document, and its sole responsibility shall be to act only as expressly described herein. 22. BUYER'S RIGHT TO ACCELERATE DATE OF CLOSING. Buyer shall have the right, at its option, to accelerate the Date of Closing, provided that Buyer shall give Seller at least ten (10) days advance written notice of the date of closing selected by Buyer. WITNESS WHEREOF, Seller and Buyer have caused this Purchase Agreement to be • executed as of the day and year first above written. CITY OF BROOKLYN CENTER CAS 1- 116692 S BFL91 -13: By Its ` And by Its CROWN BRAWLED' LLC By Its Member • c. -kx -1 46692 y sR.291 -ts2 CONSENT OF TITLE, STEWART TITLE COMPANY OF MINNESOTA, the party identified as "Title" in the foregoing Purchase Agreement, agrees to hold and disburse all funds deposited with it pursuant to the terms of said Purchase Agreement, in accordance with the terms and conditions of said Purchase Agreement, subject to the specific disclaimer contained in Paragraph 21 thereof. STEWART TITLE COMPANY OF iN1NNESOTA By Its • CAH- 146692 10 aR_91 -182 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 14th day of September, 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 proving for the sale of certain real property of the City. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE SALE OF CERTAIN REAL PROPERTY OF THE CITY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. The real property owned by the City and legally described as Lot 4, Block 1, Lynbrook Bowl Addition is hereby authorized to be sold and conveyed to Crown Brawley LLC. The sale shall be made according to the terms and conditions of the purchase agreement attached as Exhibit A to this ordinance. Section 2. The Mayor and Acting City Manager are authorized and directed to ® sign all documents necessary to effect the sale contemplated by this ordinance, including, by way of illustration and not limitation, the execution of all documents, purchase agreements, deeds of conveyance, and other instruments connected with such sale, transfer or disposition and conveyance. Section 3. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of .1998. Mayor ATTEST: City Clerk Date of Publication Effective Date . (Strikeout indicates matter to be deleted, underline indicates new matter.) i City Council Agenda Item No. 7i • MEMORANDUM • DATE: August 20, 1998 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer �0 SUBJECT: Resolution Establishing Improvement Project Nos. 1999 -01, 02, and 03, Southeast Neighborhood Street, Storm Drainage, and Utility Improvements The 5 -year CIP adopted last year adopted a schedule for street and utility improvement projects. Pursuant to that schedule, this item requests the Council to establish 1999's major neighborhood improvement project so that initial work may begin. Background In 1999, the City will be entering the 6th year of its long range street and infrastructure rehabilitation program, also referred to as the Neighborhood Improvement Program. The program has consisted of a systematic rehabilitation and/or replacement of the City's infrastructure. This has included the rebuilding of streets with bituminous pavement and concrete curb and gutter, replacement of aging and deteriorating water and sewer facilities, and • the construction of new storm sewer and drainage improvements. In addition, other neighborhood improvements are considered as part of the projects, including park and lighting improvements, landscape improvements, and traffic improvement considerations. Just over 6 kilometers of streets have been proposed for reconstruction in 1999. The general neighborhood area proposed can be described as the Southeast Neighborhood, which essentially includes all streets in the area bounded by 53rd Avenue, 57th Avenue, 1-94, and James Avenue that have not been reconstructed to date (see attached plan). This would essentially complete all street and utility rehabilitation work in the City south of 57th and east of Logan (with the exception of Lyndale Avenue which is a newer street and will likely not be programmed for some time). Of this total area, 5.85 km of the streets are local residential streets while another 0.39 km includes a State Aid collector street (Dupont Avenue from 55th to 57th). Typically, in order for a project to be completed within a specified calendar year, preliminary design must continence almost one year in advance. This includes initiation of the public notification and participation process that consists of notification of all affected property owners, surveys, public information meetings, surveys, and an extensive amount of information and data collection. Initial design also includes detailed technical field survey work, underground infrastructure inspections and assessments, and soil /aeotechnical investigations. Maintenance records are also collected to pin point problem areas. • Action The action requested of the City Council at this time is therefore to establish the proposed 1999 neighborhood projects so that initial field work and information gathering can commence as soon as possible. Upon authorization of the City Council, the following actions would commence: • Send a letter to property owners in the proposed project area notifying them of the proposed projects and including an initial survey • Begin field work • Obtain quotes for sewer televising and soil borings. The cost of the sewer televising would be paid by the sanitary sewer utility. The cost of the soil borings would be paid by the capital reserve. Earle Brown Drive (as shown on the attached map) is also proposed to be milled and overlaid in 1999. We expect to approach the Council at a later date to consider the establishment of that particular project. We would also expect to return to the Council in late 1998 with a further update regarding the status and progress of the Southeast Neighborhood projects. Note: For the Council's information, the table below summarizes progress to date on the Neighborhood Improvement Program. The "1999" line below includes the Southeast Neighborhood projects proposed here, plus the Earle Brown Drive project mentioned above. Table 1 History of Street Reconstruction Mileage CiP Street Reconstruction Miles Local MSA Total % of Total 11985 -1993 1 6.50 3.40 9.90 ( 10% 1994 148 - 1.98 1995 3.08 0.84 3.91 1996 5.61 2.04 7.65 1997 4.61 0.50 5.11 1998 3.49 0.50 3.99 11994 -1998 1 18.77 3.87 22.651 22% 1999 3.93 0.43 4.36 2000 3.21 0.68 3.89 2001 3.52 - 3.52 2002 4.31 1.02 5.33 2003 3.91 - 3.91 11999 -2003 1 18.88 2.1 - 3 21.02 20% 1Remaining 1 38.45 11.59 50.041 48% (Totals i t _82.60_ 21. 00 103.60 1 Jill Ow Street Reconstruction 1999 2000 2001 2002 N / 2003 Completed � w E Parcels s City Council Agenda Item No. 8a 1 • • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 24th day of August, 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 (REGAL THEATER) 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 -1190. COMMERCE DISTRICT (C2). The following properties are hereby established as being within the (C2) Commerce District zoning classification: That area bounded by the nuc Jn the n3r<�i; L-y l: Avznuc and +,�. We Lot 1. Block 1. SuperAmerica Addition. Section 35 -1240. PLANNED UNIT DEVELOPMENT DISTRICT (PUD). The following properties are hereby established as being within a (PUD) Planned Unit Development District zoning classification: 4. The following properties are designated as PUD /C2 (Planned Unit Development /Commerce) : Lot 1, Block 1, Metro Motors Addition Lots 1.2 and 3. Block 1. Regal Road Development Addition. Section 2. This ordinance shall become effective after adoption and upon thirty days following its legal publication. • Adopted this day of , 1998. Mayor ATTEST: Clerk Date of Publication Effective Date (Srikeouts indicate matter to be deleted, underline indicates new matter.) City Council Agenda Item No. 9a PROCLA��IATION • DECLARING THE WEEK OF SEPTEMBER 17 THROUGH 23, 1998, AS CONSTITUTION WEEK WHEREAS, The Constitution of the United States of America, the guardian of our liberties, embodies the principles of limited government in a Republic dedicated to rule by law; and WHEREAS, September 17, 1998, marks the two hundred eleventh anniversary of the framing of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, It is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary and to the patriotic celebrations which will commemorate it; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, do hereby proclaim the week of September 17 through 23, 1998, as Constitution Week in the City of Brooklyn Center, and ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties. Date Mayor Attest: City Clerk • �ZER3 O. o J V t rr !1 r � O CAPTAIN JOHN HOLMES CHAPTER of the NATIONAL SOCIETY DAUGHTERS OF THE AMERICAN REVOLUTION Gretchen Wilhelm, Regent 3925 Winnetka Ave. N. New Hope, MN 55427 August 4, 1998 The Honorable Myrna Kragness Mayor of Brooklyn Center c/o Sharon Knutson 6301 Shingle Creek Pkwy Brooklyn Center, MN 55430 Dear Mayor Kragness: This letter is a request for you to proclaim Citizenship Da and Constitution Week September 17 - 23 to the people of Brooklyn Center. As in the past few years, I would like to include your proclamation in the Constitution TFeek display at Robbinsdale Cooper High School, along with similar proclamations from other mayors for which RCHS is the high school of their city. Enclosed are three sample proclamations. Please send your proclamation directly to: Ron Chagnon, Chairman of the Art Department Robbinsdale Cooper Senior High 8230 47th Avenue North New Hope, MN 55428 If there are bells at any of the public buildings in our community, please consider having them ring out with the Bells Across America celebration on September 17th at 4 p.m. Eastern time, the exact date and time of the signing of the Constitution. I know that you are very busy, and I thank you for whatever time you spend considering Y. Y p these requests. Sincerely yours, Gretchen Wilhelm I I i 7 W The History of Citizenship Day and Constitution Week The United States Congress, in commemoration of the signing of the Constitution, authorized in 192 an annual Presidential proclamation designat- ing September 17 as Citi_enslip Dcry, recognizing that "We the People" are the supreme authority and that citizenship is fundamental to our system of government. The Daughters of the American Revolution later proposed and Congress approved a second resolu- tion, August ?, 1955, authorizing the President to designate annually the week of September 17 -23 as LtillsiiiitiiUi'1 C Iii l - ccognlllon of the historic importance of the Constitution and the significant role it plays in our lives today. The President now issues a single proclamation each year designating both Citi_enslip Dav and Constitution Week, thus perpetuating an annual practice that will remind future generations of the importance of Constitutional government. SEPTE'VIBER City Council Agenda Item No. 9b PROCLAMATION • DECLARING AUGUST 28 THROUGH 30 TO BE UNITED WAY WEEKEND EN WHEREAS, United Way provides critical health and human services that help one in four local people each year; and WHEREAS, United Way affiliated agencies are located in and serve people throughout the seven- county area; and WHEREAS, United Way is committed to preventing problems before they take hold in people's lives; and WHEREAS, United Way provides those services efficiently, with the lowest fundraising costs of any major charity; and WHEREAS, community volunteers review United Way agencies for quality results and make funding decisions; and WHEREAS, the annual United Way fundraising campaign provides dollars to support those critical services. NOW, THEREFORE, 1, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, do hereby proclaim August 28 through 30, 1998, to be United Way Weekend in the City of Brooklyn Center, officially kicking off the 1998 United Way campaign. Citizens of our community are encouraged to take note of United Way programs and services where they live and where they work. Date Mayor Attest: City Clerk PP � l�• Way of Minneapolis Area 404 South Eighth Street Minneapolis, Minnesota 55404 -1084 (612) 3407400 fax 340 -7675 August 3, 1998 1998 BOARD OF DIRECTORS EXECDTNE COMMRTEE OtAcers Rpm Januts Chair at the Board Mayor Myrna Kragness Vice Chair shair Vice City of Brooklyn Center e Ernest S. iwcek 6301 Shingle Creek Parkway Treasurer Brooklyn Center, MN 55430 Richard 0. Jonnson Corporate Secmtary Diana E. Murphy Dear Mayor Kragness: lmmediate Past Chair Board Committee Chairs As a result of your meeting with Mayor Sharon Sayles Belton, I am Kyle M. Carpenter James A.carn oea enclosing a copy of the proposed proclamation and draft of a Letter to the Thomas M. Crosby. Jr. Editor. W Ilipm W. Goo gs KannemA. Wkox Sue � ne Members As was agreed, suburban Mayors will join Sharon in proclaiming August K3NC"RStipnsen 28' — 30 as United Way Weekend. Dsvd ^ : R:" i ,' Tan Sri I hope you will also send the letter to the Editor to your local community i4inryn n. Tunheim MEMBERS newspaper to help support the community with the kick -off. Sharon Sayies Belton MaNA Borrnart Samoa Buwek Thank you for your support. If you have additional questions, please call Anne D. Canner H. "ome cheek Ph.D. me, Gloria Winans, Campaig Division Director, 340 -7659. Edwa,y N. Caytor, WeCpm H. Eiiis Knons S Erickson He, cr Garcia Sxry Giuene Hang Gn,y Sincerely, DEVid R. �1u0e5 black J. Hudson Ca'ci R. Johnson Edo. Enter Ic c l c T. o¢_urge Jar, M;:xm Tnpmaa R. M °9 "„ ° Ric Gloria Winans hard D. McFarland Roban H. M Campaign Division Director Jacpb R. Milos es Linda J. Mons CLAS nc A. Morrison Rev. Mich-lei J. O'Connor! Lvnn C. Olson BclopH.R;smusen CC: May Arles J. Renter. Ph D. y Sharon Sayles Belton Sunny Robinson Dawn H. Schntc�eia- Johnson Jamee 0. Sm iev ;regg Stemhptc, =andah Byrom Suwuki .o: so A, Sundln ;open 0. Sznewais I°nn G. Turner d,_sael W. urger Ym C . %salt 4 ' ',aerabbrt- Helgeno Irnsn :n Representative -+3n E. Meyers 'resident ;r nacC Coiv�e "..<0 j '- S ui2 'ost 4080 West Broadway Robbinsdale, NfN 55442 To the Editor: As mayor of the city of Brooklyn Center, 1 am pleased to announce that the city council has declared the weekend of August 28 -30, 1998, as United Way Weekend. Brooklyn Center joins more than 20 other cities in the Twin Cities metropolitan area in lending support to United Way this weekend. The Weekend begins with the August 28 Minnesota Vikings preseason game against the San Diego Chargers. Festivities will celebrate the 25 -year partnership with the National Football League which produces public service announcements featuring players, coaches and other team representatives on behalf of United Way. Each fan attending the game will receive a special edition United Way Weekend poster. Many special activities will take place before the game on the Metrodome plaza and will continue throughout the game. On Saturday and Sunday, August 29 and 30, Norwest, Target, Sam Goody, Sun Coast Pictures, Best Buy, Rainbow Foods, SUPERVALU and Holiday Stationstores will join together in an effort to help build awareness of United Way's purpose and its activities within our community. Customers can pick up the free collector posters at any of these sites. Each retailer is planning activities throughout the weekend. Why are so many groups participating in these activities? Because we know United Way plays an important part in meeting the needs of people in our community. One in four people uses the services provided by United Way's 140 partnering agencies each year. Here in Brooklyn Center, agencies provide emergency relief through Salvation Army, life skill programs through the Girl Scouts, employment training for people with disabilities through Rise, inc., and much more. United Way Weekend is a reminder that United Way services are everywhere — where we work, where we live, where we play — providing a strong base of support for us, our friends and our neighbors. Look for its presence in Brooklyn Center during United Way Weekend! Sincerely, Mayor Myrna Kragness City of Brooklyn Center • • City Council Agenda Item No. 9c s • Metropolitan Council Working for the Region. Planning for the Futture . DATE: August 7, 1998 TO: City Managers and Administrators FROM: Thomas C. McElveen, Deputy Director, Community Development Division SUBJECT: Certification of 1998 ALHOA Thank you for your participation in the 1998 Metropolitan Livable Communities Act (LCA) program. Your community's commitment and involvement has contributed to the region's overall economic competitiveness and made tangible progress in providing affordable and life -cycle housing for metro area residents. Looking ahead to 1999, the Metropolitan Council seeks your community's renewed participation and continued cooperation in Livable Communities efforts. As part of the LCA legislation, the Council annually notifies each community of its "Affordable and Life -cycle Housing Opportunities Amount (ALHOA) ". The ALHOA is derived from the formula prescribed in law including market value, tax capacity and tax rates by the county assessor. It is an amount of local expenditure to support or assist the development of affordable and life -cycle housing or maintain and preserve such housing. The enclosed ALHOA is the amount of local expenditure expected of the community during 1998. Communities have some flexibility in determining which local expenditures fulfill the ALHOA contribution. Examples include local dollars for housing assistance, development or rehabilitation programs, local housing inspection and code enforcement, or local taxes to support a local or county HRA. Incentives for your community's renewed participation include access to $11 million for housing development, clean-up of polluted sites for business and housing development, and mixed use development. Also, your community's ALHOA expenditure will be reported in the Council's Annual Housing Report Card required by the LCA. Your community's intent to participate in the 1999 Metropolitan Livable Communities program is needed by Nov. 15. To help you in the preparation, a model resolution is enclosed. Planning assistance for staff or information presentations for elected officials are available by contacting your sector representative (see below). Questions about the ALHOA can be referred to Guy Peterson at 602 -1418. We look forward to continuing our regional commitment to affordable and life -cycle housing. Thank you for your consideration. Sector Representatives: Anoka, Washington, and Ramsey Counties Guy Peterson 651 -602 -1418 Dakota, Carver and Scott Counties Carl Schenk 651- 602 -1410 S Hennepin County Tom Caswell 651 - 602 -1319 Minneapolis and St. Paul John Kari 651- 602 -1548 V:` LIBRARY% COMMUN 'DVTKruger\PETERSON\ALHOA'tr to new part 98.doc 230 Ea F Street St. Paul. Minnesota 55101 -16 :34 161'1 ':= 1 1 -6:,5N Fa_c 291 -6550 TDD;7"Il' 2`ji - ;)904 NSetro Inlo Line 2_ ^0 -37 0 .lr; Eyiad Unpr.' Empfauir its adoption: Member introduced the following resolution and moved RESOLUTION NO, RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT FOR CALENDAR YEAR 1999 WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statutes Section 473.25 to 473.254) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes Section 473.121; and WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the Livable Communities Demonstration Account, and the Local Housing Incentive Account, is intended to provide certain funding and other assistance to metropolitan area municipalities; and WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from the Minnesota Department of Trade and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under the Minnesota Statutes • Section 473.254; and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life -cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide, and WHEREAS, each municipality must identify to the Metropolitan Council the actions the municipality plans to take to meet the established housing goals through preparation of the Housing Action Plan; and WHEREAS, the Metropolitan Council adopted, by resolution after a public hearing, negotiated affordable and life -cycle housing goals for each participating municipality; and WHEREAS, a metropolitan area municipality which elects to participate in the Local Housing Incentives Account Program must do so by November 15 of each year; and WHEREAS, for calendar year 1999, a metropolitan area municipality that participated in the Local Housing Incentive Account Program during the calendar year 1998, can continue to participate under Minnesota Statutes Section 473,254 if (a) the municipality elects to participate in RESOLUTION NO. the Local Housing Incentive Account Program by November 15, 1998; and (b) the Metropolitan Council and the municipality have successfully negotiated affordable and life -cycle housing goals for the municipality. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City of Brooklyn Center hereby elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during the calendar year 1999. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 9d �► 01111110 " o l 470 Pillsbury Center `! 200 South Sixrh Strcet • Minneapolis %IN »-ii)_ (612) 337 -9300 telephone ILR M11 (612) 337 -9310 tax H A R T E R E D e- tn.ril: 1ttvsL Kenn dv -S r.lvcn. om � C HARLES L . LEFEVERE Attorney at Law (612) 337 -9215 cleFevere@kennedy-graven.com August 6. 1998 Michael McCauley, City Manager City of Brooklyn Center City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 RE: Truth in Housing Ordinance Dear Mike: Durint' the discussion by the city council of the proposed point -of -sale housing disclosure ordinance, I was asked to provide advice on any recourse which a buyer may have who discovers • defects in a home after its purchase. As I recall, a representative of the Realtors Association argued that the ordinance was not necessary because many buyers already arrange for housing inspections or inspections are required by lenders. No doubt some buyers or sellers arrange for such inspections on their own, and some lenders require inspection for their own purposes. I do not know how often a buyer is protected in this way in a city which does not have a housing disclosure ordinance, but it is certainly true that there are a substantial number of cases in which no inspection is performed. The attached memorandum was prepared by Ann Blair of my office. It describes the rights of a buyer who discovers defects in a home after its purchase. In very general terms. a buyer has no remedies in such cases unless there has been some fraud or concealment of a defect by the seller or by a broker. Please let me know if you have any further questions on this matter. Very truly yours, Charles L. LeFevere CLL:ds Enclosure L- 14817'_' Z 91 -4 INTEROFFICE MEMORANDUM PRIVILEGED / CONFIDENTIAL Date: August 6, 1998 To: Charlie LeFevere From: Ann J. Blair Re: Brooklyn Center — "Truth in Housing" matter Issues 1. Does "caveat emptor," buyer beware, apply to sales of residential real estate in Minnesota? 2. Can the buyer recover for any undisclosed defects in the absence of fraud or concealment of the defects? • 3. Are there any statutory consumer protection type laws which are applicable to purchases of homes other than new homes? 4. What rights and remedies are available to a buyer who discovers defects after the purchase of a home, which would have been discovered in a "truth in housing" inspection? Short Answers 1. Yes, absent tortious conduct on the part of the real estate broker. Although the modern trend in many states has been to restrict rather than extend the doctrine of caveat emptor, Minnesota lags irr this area, and caveat emptor still applies. 2. No. Absent intentional or negligent concealment or misrepresentation, the buyer will bear the risk and responsibility for defective conditions on the property discovered by him after purchase. 3. No. Consumer Protection laws are not aimed at sales of used residential real estate, although broker licensing laws may provide protection in some cases. A7B- 148241 BR291 -4 4. Damages are available, or in some cases, rescission, but only where there is intentional or negligent concealment or misrepresentation on the part of the seller or his broker. Analysis 1. Caveat Emptor A home buyer who purchases his or her dream house only to have the basement fill up with water after the first hard rain, may well expect legal recourse against the seller or real estate broker. For years, the maxim in regard to real estate transactions has been "caveat emptor," or buyer beware, which meant that the broker owed no duty to disclose any property defects and buyers had to look out for their own best interests. Katherine A. Pancak, Thomas J. Miceli, and C. F. Sirmans, Residential Disclosure Laws: The Further Demise of Caveat Emptor, 24 Real Est. L. J. 4 (Spring 1996) at 291. [Note: The differences between the responsibility of the seller and the real estate broker are slight; therefore, for purposes of this discussion, the term "broker" is used interchangeably.] Although the doctrine of caveat emptor has been gradually receding in many states, with few limitations, it still survives in Minnesota. Id. See generally, Trethewav v. Hulett. 54 N.W. 486 (Minn. 1893). This rule has applied for years, particularly when the buyer could, without difficulty, discover the true value of the property. Id. Today, in the majority of states, caveat emptor has been eroded not only by court rulings, but also by state legislation. Over the years, the burden has gradually shifted to the broker to disclose known defects. In some states, the law has shifted to the point where brokers have an affirmative duty to inspect the property for defects so that they can be disclosed to the buyer. Pancak, Miceli & Sirmans at 292, 293. In states where legislation has been enacted, it typically requires sellers to complete and deliver a property condition disclosure form to buyers. Id. 2 However, even in states that require broker disclosures, a buyer cannot recover for nondisclosure if a defect is of such a character that it could have been discovered by the buyer. Id. at 293. In California, for example, which has demanding broker disclosure requirements, statutes provide that a buyer cannot recover for nondisclosure of a defect that should have been discovered by a "reasonably attentive and observant buyer." Id. citing Cal. Civ. Code § 2079.5 (1995). In order for nondisclosure to give rise to a legal cause of action, the defect must be material in addition to being nonobservable by the buyer. A fact is deemed material if "a reasonable man would attach importance to its existence or nonexistence in determining his choice of action in the transaction in question." Id. citing Restatement (Second) of Torts § 538 (1989). Facts that have been held to be material include the presence of termites, an inadequate water suppl and neighborhood pp y, problems. Id. 2. Undisclosed Defects Although Minnesota has no special statutory property condition disclosure statements requirements, it imposes a minimal common -law duty on brokers to deal honestly with prospective purchasers. Id. at 293 -301. Courts increasingly recognize that a broker typically spends a substantial amount of time in a close relationship with a buyer, driving in the broker's car, going through the homes together, and getting on a first -name basis. This confidential relationship places on a broker the burden of dealing fairly with the purchaser, even though the broker is often an agent of the seller. Raymond Werner-& Robert Kratovil, Real Estate Law, 10` Ed. (1993) at 125. In the minority of states, including Minnesota, which rely on this common -law duty, there are essentially four broker tort liability theories of recovery for prospective purchasers; 1) fraudulent or intentional misrepresentation (i.e., the broker is liable for intentionally making a false statement); 2) fraudulent or intentional concealment (i.e., broker is liable for not disclosing 3 a defect of which he is aware); 3) negligent misrepresentation (i.e. broker is liable for unintentionally making a false statement, if the broker failed to use reasonable care in obtaining or communicating information); and 4) innocent misrepresentation (i.e., broker is liable for making a false statement). Pancak, Miceli and Sirmans at 294. See also, Allen, Diane M., Annotation, Real Estate Broker's Liability to Purchaser for Misrepresentation of Non - Disclosure of Physical Defect in Property Sold, 46 ALR 4` 546 (1986 and Supp. 1992). While different states have varying interpretations of these theories, in general, and in Minnesota, the law provides that a broker will be held liable for giving a buyer false information about a physical aspect of the property or for not disclosing a material defect of which he is aware or should be aware. Pancak, Miceli and Sirmans at 294. See also Allen at 550 -553. An examination of specific caselaw in Minnesota shows situations where broker liability will attach. When asked a direct question by a prospective buyer, a broker has a duty to inspect the area containing a possible defect. In Sawyer v. Tildahl, The court held for the buyers in their action against their broker where the broker misrepresented the property as being free from flooding problems. 148 N.W.2d 131 (Minn. 1967). The court stated that while it may be true that the broker didnot actually know that there had been water seepage in the house, that fact was nevertheless susceptible of knowledge. Emphasizing that the buyers had asked about seepage, the court said that it would seem that such information should be available to an experienced broker who "knew his merchandise." Allen at 559 citing 148 N.W.2d 131 (Minn. 1967). Water seepage was also at issue in Berrvman v. Rie2ert, a case where it was unclear whether or not the broker knew of the defect. 175 N.W.2d 438 (Minn. 1970). In Berrvman. the buyer had told the broker that he did not want to buy a house with a water problem. The broker told him there was no water problem with the property. Ten days after moving into the house, the buyers found water in the basement three inches deep. Id. The broker was held liable to the 4 buyer for misrepresentation or nondisclosure of the tendency of the basement to leak, because the fact was susceptible of knowledge. The Baker v. Surman case presented water issues, also, and here, the court found liability for the realtor who had listed the home, but not for the realtor who had merely shown the home. 361 N.W.2d 108 (Minn. Ct. App. 1985). The home proved to have a leaky basement, among other problems. In finding liability for the s howing g y s t g realtor, the court held that where the realtor had only seen the property once and no reason to doubt the seller's statements, there was no liability. The court stressed that the realtor had no reason to doubt the information, and the realtor clearly informed the buyers of his ignorance and identified the source of his information. Id. at 112. However, the court did find liability for the listing realtor for relaying to potential buyers misrepresentations made by sellers concerning the leaky basement. The realtor was held independently liable for fraud because he should have known of the misrepresentations of the i principal when the sellers indicated a puddle of water on the floor had resulted from water coming in an open w' � g p endow, which was not true. Id. See also Allen at 57�.. In Baker the listing realtor was an experienced broker who had visited the home repeatedly and was aware that the basement walls were bowed. The court reasoned that, in such circumstances, reasonable persons could differ on whether the broker should have known that the assurances of water tightness were false. Baker at 112, see also Allen at 594. Availability of gas lines was at issue in another Minnesota case, Erickson v. Midaarden. 31 N.W.2d 918, (Minn. 1948). In Erickson. the court held that where a broker misrepresented to a buyer that a house was modern and had city gas connections, and that the representations were relied on by the buyer, the broker was liable to the buyer. Id. The court reasoned that althought the buyer might, by examining the property or going to the appropriate public office, have determined there were no water, sewer, or gas connections to the house, the broker could not 5 impute to him negligence as a defense in the action if, relying on the broker's representation, the buyer did not deem it necessary to make such examination. The court held that a purchaser may rely on representations relating to a prospective purchase, even though the true condition of the premises could have been disclosed had the purchaser made an actual inspection of the property or consulted the official service records. Id. See also Allen at 600. 3. Status of Consumer Protection Laws Minnesota's Consumer Fraud Act as it pertains to housing is codified at M.S.A. 327A. Warranty provisions pertaining to homes are covered at M.S.A. 327A.01, subd. 3 and provides warranties only for the construction of new homes, and not used realty. In some situations, buyers are protected by real estate broker licensing requirements. There is caselaw support for this in Minnesota. In the Baker case, the plaintiffs contended that the broker's failure to disclose material information about the property constituted fraud pursuant to 4 M.C.A.R. 1.41508, subd. 17. Subd. 17 provided that a real estate broker's license could be denied, suspended or revoked for fraudulent, deceptive or dishonest practices, including "failing to disclose to a purchaser all material facts pertaining to the property, of which the agent is aware, which would adversely and significantly affect the purchaser's use or enjoyment of the property." 361 N.W.2d 108 (Minn. Ct. App. 1985) at 112. In Baker the court held the provision inapplicable, but only because it was enacted in 1978, after this lawsuit commenced. Id. 4. Available Remedies Actions giving rise to broker liability permit the buyer to recover damages. Baker at 109. A court of equity may set aside real property conveyances on around f fraud. Y Y p p y grounds o Here, the remedy is rescission. John B. Koneck, Remedies Available to the Non - Breaching Party in Purchase and Sale Cases, Minnesota Continuing Legal Education, 14` Annual Real Estate 6 0 Institute (1996) at Section VII, p. 15, citing Mead v. 'Mead, 974 F.2d 990 (S' Cir. 1992). Conclusion As a public policy matter, many courts throughout the United States have been moving toward a position protective of the buyer in sales of residential real estate. These courts recognize that for many buyers, a home is one of the greatest financial investments they will ever make. Allen at 552. In addition, the buyer is often ill- equipped to evaluate physical defects in houses and property. There is recognition that real estate brokers often represent the seller while helping the buyer to evaluate the property. Courts often find that the broker was in the best position to know of defects in the home and should therefore be held liable. Id. Minnesota has no mandatory property condition disclosure statement, but caselaw shows support for broker liability for certain kinds of defects, particularly water - related defects, where the broker knew or should have known of the existence of the defects and where the seller relied upon these assurances. Id. 7 City Council Agenda Item No. 9e MEMORANDUM is TO: Michael J. McCauley, City Manager FROM: Brad Hoffman, Community Development Director DATE: August 19, 1998 SUBJECT: Earle Brown Heritage Center Construction Update Monday evening, the Council will have the opportunity to review and comment on the proposed parking lot for the Heritage Center and the plans for the construction of the G Barn and links between buildings. We would Iike to have the Council's approval of the parking plans and building footprints (foundation plan) so that bids can be let and construction for all underground work to start before winter. Final building plans will come to the Council in September for their review approval. At this time, the City now owns the land across the street from the Center. The attached plan would cul -de -sac Earle Brown Drive at the east and west entrances to the lot. While traffic would be able to navigate through the lot the appearance of the road would suggest that it terminates at the parking lot. The design of the lot allows the facility user to park and enter the Center without crossing a • street. It is also designed to accommodate functions /activities at the Center by providing tent anchors, electrical service and a large area for auto related shows. In other words it provides an additional source of revenue for the facility. The construction of the G Barn which was anticipated in the original development will be located between the two (2) story D Barn and the Blacksmith Shop (C Barn). It is approximately 5,000 square feet in size and is a single, clear span room that can accommodate approximately 300 people. From the exterior it is almost identical to the H Barn. The exterior design is historically correct. The C Barn or Blacksmith Shop which is currently used for meetings will be converted to bathrooms, public phone banks and a plate up area for food preparation. The C Barn was selected because of its central location. It provides an area to meet current building codes and handicapped accessibility issues. The lost meeting space is recovered in the H Barn. The H Barn will be converted to meeting space that can be divided into three (3) rooms. It is currently used as office rental space. However, there is only one (1) tenant who will be moving into the D Barn which is currently empty. Like the G Barn, it is also approximately 5,000 square feet although there are support columnes within the rooms. It also will accommodate about 300 people. Starting in the Stable, where the administration offices are located, the plan proposes a 7 foot hallway on the east side of the building. A link will be built between the H Barn, Stable and C Barn. Another link will be built between the C Barn and the G Barn. The plans before the Council outline the MEMORkNDUM Michael J. McCauley Page 2 general footprint for the construction of the footings and foundation. If the Council approves of the concept we will solicit bids for Council approval based upon the specs developed from the drawing. It is anticipated that bids for the parking lot and the foundation work will be back for Council approval at the first meeting in September. At that time we will have greater detail relative to the finish of the links and the finish of the G, C and H Barn. We should also have cost projections for the project at that time. NOTES: HERITAGE CENTER PARKING LOT 1. ALL INTERNAL CURB SHALL BE B-612 2, SECTION SHALL BE • 6* AGGREGATE BASE 2' 2331 TYPE 31 BASE INTERSTATE HIGHWAY No. 94 1 1/2' 2331 TYPE 41 WEAR 3. CASTINGS SHALL BE AS SHOWN OR APPROVED EQUAL SOLID COVER : ESS BROS. 301-7 RING, 301CP LID STORM SEWER INLET NEENEH R-3250A .. ... .... 7 SKIMMER DETAILS 1' � 10' '' ` '�.� .:. = - -� Y `r'� IJ "Ni�,i�.�,i,'�','x__.. "- r'•t,' , i 5 . '. i�, � • ,?l'�P.''� ; Y � --';c fl . ' - ,..x x 15" HOPE ADJUS CASTING-,, • fi t 30.70 c , ar NV GRWT CHANNEL THIS Is : 'ya B�-CS I I ,, ", f CHANNEL TO FLOW T OUTLET 0 B-61, REM "0' QYE-C.S. J INV 83 9. I , 61xv REPLACE CASTING 0 OPENING NV 409:50 OPENING X3 OPE G"k ' REPLA CAS REM 'S 24 00 SOLID CqYER__ SgUD,C . . . . . &;RCP L LL I� \ 1'� ;: my ` _ _ _.._'1& ° MWER I I I " 1 I - 15' HOPE _—, ) " 1— :� 1 .111-1 — � �'." N I MAC POURED CONCRETE WALLS REPLACE CASTIN WITH INTEGRAL BASE S0IJOlCOVER ADA;�T CASfNG 0 % % CIS 0.00 co EX I S TING MANHOLE 24DO' 7M WEST SIDE - �E K IV GATE 9 Om 1 �77 4 2-4 x ov HIGH CHAIN LW FENCE AROM PERIMETER 9 GAUGE lam ,, 0 ce 4 A" ripomnauc 2 N l (l PAVDIENT q'X 6* -618 B • 2' POURED CONC I BAN 2 —8-612 :w,. :Ob ;" 1` ,,;` WFH #8 REW 0 IZ' E.W. - BAFFIM 1 0. .5' CONC. APRON 24 REM \'E C.B. INTERIOR BAFFLES 2 ADJUST CASTING- I & FkCP Yxv VIERYWAL REBAR 0 4� #5 16' EvL 0 x 21 Ri t�, '�'i 1&OV N 268.21 FLOOR 13871 30'jo' MIRED CONC. BASE 0117H P REW 0 tY LW. STRUCT. SIZE LENGTH FLOWS INV. t7 NUMBER T.C. INV. HOPE TO Y 1 B".80 841.00 27' 3r ( Ce EAST. CB IA 840.89 _X CB 2 844.80 839.34 27" 114! EXIST. MH 1 939.00 w CB 3 844.30 839.72 27" 23' EXIST. MR 2 839.65 - N— CB 4 84175 839.34 27" 28' NEW CB 5 839.26 ce 5 843.75 839.26 48" 10' NEW CB 6 839.23 CS 6 843.75 839.23 48' 78! EXIST. MH 1 839.00 CB 7 844.10 839.80 27' 32' SKIMMER 8259.70 7 CONCRETE APRON TO BE AN OU INTEGRAL PR WITH 8-618 GWIRC SCALE & 8-612 CURB & GUTTER DENOTES CURB REMOVAL e b .0 xa 9-612 8* DENOTES SAWCUT RN FUT) -618 —8-612 1 Inch - 40 fL B-618 fff RETAINING WALL AS CITY OF P96 ,,3FX m ,. , tra PER SPECIFICATIONS 4" CONCRETE SIDEWALK 31BROOKLYN CENTER W1,45 OF U04"m HERITAGE CENTER WFE� N ,.� : 0 _ L A H001MM COUNrY, MINNESOTA PARKING LOT ENGINEERING DIVISION ow ,mow CONSTRUCTION DIANE SPECTOR SCOTT BRINK 7-30-08 Moo. to. HEPKLOT2 w=mm or mum WoFm am NNwMFM amcm 1 998 SHEET NO. 1 OF 2 SHEETS �� } r , I ,, I � •c 4: I ,•� / /rte • r � r i ! 4 t _ I 1 rvKr.2 �� r - .uK -••K ® L V .fl �« r { l � C - °v•aRtn In C9 INW /V H HARt`1 �.., • STABLE LAI ►vr•.c , w ►• ArdifllCltr• b0 ►••►• � �» ► i ! EARLE BROWN NERITAW CENTER «�n y�.yr �« Mu1 y.•1••. PtIASE U • ` BROOKLYN CENTER MINNESOTA • Jt City Council Agenda Item No. 9f • s 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. McCaule City Manager y Date: August 20, 1998 —� Re: Police Building Bids Attached are materials with recommendations to award most of the bids for work on the police building. Also included is a recommendation to reject bids for Composite Metal Panels, Hollow Metal Doors, Frames, Hardware, Aluminum Entry and Storefronts, and skylights. The primary cost overages in the bids in the above areas were occasioned by the cost of bullet proof -lass. The architect and construction manager are working with vendors and design to reduce the anticipated costs for re- bidding. At this juncture, the estimated cost of the project appears to be around $100,000 over budget due to the factors identified in Mr. Hanson's memorandum. There is sufficient contingency built into the capital improvement budget for this, should the re- bidding put us at the $100,000 over estimate point. 6301 Shingle Creek Pkwy, Brooklyn Center, .111V 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 Action1Equal QDportunities Employer i 1 ;0 BOS SARDT CORPORATION ProJi•ssionut Cruistrurtion Managers August 19, 1998 City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 ATTENTION: Michael McCauley RE: BROOKLYN CENTER POLICE STATION POLICE PROJECT BID AND BUDGET REVIEW Dear Mr. McCauley: This letter is being written pursuant to our meeting on August 17, 1998, regarding the bid results for the City of Brooklyn Center Police Department's new building. Although we had a tremendous turnout in the amount of bids for the project, the total bids are over the budgeted amount. The increase in the bid amounts is primarily due to two factors, one being the precast strike of over six weeks which delayed the project and pushed out the remaining bid package, and the other dealing with the present bidding climate. The architect has diligently worked to maintain the scope of work within the budget. Although the bidding climate has its ups and downs, a few categories were especially unfavorable in today's market. We feel the following four bid sections should be re -bid to accommodate the bid market and achieve more favorable results in the bids: Composite Metal Panels Hollow Metal Doors /Frames /Hardware Aluminum Entry and Storefronts Skylights 7- :rh ?.Ll•t, %Bouieicui! .Sru:-tt ;ti 11i ;mcr,i %: t1'i =_ `x ^ ;,•.'-=- ;rJ ;i• � >irir: �y ;)- 011�•Fa:;1= ,� ;j_,r',•�,� City of Brooklyn Center August 19, 1998 Pa-e 2 The review and re -bid of the above listed sections should by no means decrease the quality of design that has been set forth. We will keep you informed as to the progress of the review and re -bid. If you have any questions, please feel free to contact me. Yours very truly, Dave Hanson Senior Project Manager DH:dt cc: Jane Chambers Paul Mickelberg Joe Tarlizzo 9714C 1� WA Boss,tRi)'r C ORPtJRxrlON PrO- ssional Cc ns;rnc'tiun blanagrrr August 19, 1998 City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 ATTENTION: Michael McC auley RE: BROOKLYN CENTER POLICE STATION RECOMMENDATION FOR CONTRACT AWARDS Dear Mr. McCauley: Based on bid results with the apparent low bidders, we are making the following recommendations for award. Listed below are the bid results for the Police Station bid package, of which we are seeking approval at the August 24, 1998, City Council Meeting. The bidding response was successful for this package. To achieve these results, we mailed approximately 550 bid notices and made over 700 telephone calls. As a result, we received over 120 bids for the various categories. The award of the contracts will keep the project moving forward. To keep the project budget under control, we are recommending to reject the following bid categories and re -bid. 1.13 Composite Metal Panel 1.14 Hollow Metal Doors / Frame / Hardware 1.16 Aluminum Entry & Storefronts 1.17 Skylights The award of contracts from the August 4, 1998, bid opening are as follows: 1.01 Earthwork/Site Demolition: Glenn Rehbein Excavating, Inc. $56,890.00 1.02 Bituminous Paving & Curbs /Concrete Paving: • Midwest Asphalt Corporation $93,900.00 1rLithn f3_ra;c"ctrd cia!e40Y :1,'nr- tri::;..ttt';;{ - - h Q.,.t rJi „ ir;.)l v•jr,xrhi',: 'i k' :V is 1, City of Brooklyn Center August 19, 1998 Page 2 1.03 Site Utilities: Glenn Rehbein Excavating, Inc. $35,100.00 1.04 Landscaping /Irrigation: Helmin Landscaping $40,900.00 1.05 Cast -In -Place Concrete: 1.08 Masonry: Scandy Concrete, Inc. $289,992.00 1.06 Precast Plank: Spancrete Midwest Company $65,995.00 1.09A Structural Steel /Steel Joist /Metal Deck/Misc. Metals - Supply: 1.09B Structural Steel /Steel Joist /Metal Deck/Misc. Metals - Erect: (Reject low bidders due to incomplete bid. - Premier Constr. / KMH Erect.) Listul Industries, Inc. $232,898.00 1.10 Rough /Finish Carpentry: J. Eiden Construction, Inc. $70,540.00 1.11 Millwork/Casework - Supply: Gray Wolf Manufacturing, Inc. $47,900.00 1.12 Roofing: Granite City Roofing, Inc. $92,245.00 1.13 Composite Metal Panels: REJECT - RE -BID 1.14 Hollow Metal Doors /Frames /Wood Doors /Hardware - Supply: REJECT - RE -BID 1.15 Overhead Doors: Automatic Garage Door Company $7,090.00 1.16 Aluminum Entry /Storefront /Aluminum Windows/ Glass & Glazing REJECT - RE -BID 1.17 Skylights: REJECT - RE -BID • City of Brooklyn Center August 19, 1998 Pare 3 • 1.18 Drywall Systems: Olympic Wall Systems, Inc. $144,200.00 1.19 Ceramic /Quarry Tile: Grazzini Brothers & Company $20,400.00 1.20 Acoustical Treatments /Acoustic Ceiling: Twin City Acoustics, Inc. $32,820.00 1.21 Resilient Floor Tile: 1.22 Carpeting: St. Paul Linoleum & Carpet Company $50,183.00 1.23 Painting /Wall Covering: Wasche Commercial Finishes, Inc. $44,848.00 1.24 Misc. Specialties - Supply: Specialty Sales Service, Inc. $12,800.00 1.25 Lockers: Modern Bin Equipment Company $26,380.00 1.26 Operable Wall: Mahin Walz, Inc. $6,800.00 1.28 Detention Equipment: Ackley- Dornbach, Inc. $41,200.00 1.29 Elevator: Lagerquist Corporation $29,100.00 1.30 HVAC: Conrad Mechanical Contractors, Inc. $287,440.00 1.31 Controls: Further Review Is Necessary 1.33 Plumbing: Sun Mechanical. Inc. $268,200.00 1.34 Fire Protection: ® Midwest Fire Protection, Inc. $67,468.00 City of Brooklyn Center August 19, 1998 Page 4 1.35 Electrical /Fire Alarm: Gephart Electric Company, Inc. $377,300.00 1.36 Window Treatments: Custom Expressions $3,030.00 Approval of the above referenced contracts will allow this o'ect to proceed on schedule. P J Yours very truly, e , t Dave Hanson Senior Project Manaaer DH:dt cc: Jane Chambers • Paul Mickelberg • City ouncil Agenda y e da Item No. 9 g g I • i r ® MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Brad Hoffman, Community Development Director DATE: August 20, 1998 SUBJECT: 69th and Brooklyn Boulevard update Since the last Council update, Mr. Nelson has had purchase agreements drafted for all of the single family homes on June Avenue. As of Wednesday, (8/19/98), Mr. Nelson had purchase agreements (offers) drafted for the residents to consider. However, he had some questions about language that he wants to review with his attorney. His attorney is on vacation this week so the offers should go to the residents the week of the 24th. He indicated to me an offer will be going to Dr. Moen also. He has been in discussions with Viking Enterprises and his attorney is handling the Legion purchase negotiations. I was informed this week that there are some potential pollution problems (appears to be just a surface problem) with Law's Engine Repair, a Phase II will be done as it will be part of the area taken for right -of -way. Mr. Nelson has been working on financing on the project and has not settled on a source at this time. i City Council Agenda Item No. 9i i • 031 City of Brooklyn Center A great place to start. A great place to stay. MEMORANDUM TO: Mayor Kragness, Councilmembers CaEBrooklyn man, and Peppe FROM: Michael J. McCauley, City Manager DATE: August 20, 1998 SUBJECT: An Ordinance Amending Chapte 23 er Code of Ordinances, R elating to the Regulation of Pawnbrokers and Secondhand Goods Dealers Attached is a revised ordinance amendment which separates the regulations for pawnbrokers and secondhand goods dealers into two sections. This ordinance amendment repeals the current ordinance relating to pawnbrokers and secondhand goods dealers and adds the two new sections regarding regulations for pawnbrokers and secondhand goods dealers. The changes which were incorporated into the previous ordinance amendment were included, along with the compromise changes recommended at the August 10, 1998, Council meeting. Police Chief Joel Downer and City Attorney Charlie LeFevere have reviewed the ordinance amendment and are satisfied with its content. Attachments 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer CITY OF BROOKLYN CENTER • Notice is hereby given that a public hearing will be held on the 28th day of September, 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 pawnbrokers 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 PAWNBROKERS AND SECONDHAND GOODS DEALERS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. - - Sechons 23 601 through 23 633 of the City Ordinances of the City of Brooklyn Center are hereby repealed. Section 2. Chapter 23 of the City Ordinances of the City of Brooklyn t er is p Center Y Y Y hereby amended by adding new sections to read: PAWNBROKERS Section 23 -601. DEFINITIONS. For the purpose of Sections 23 -601 through 23- 632. 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 nronertv or other valuable thing on condition of selling the same back again at a stipulated price. or who loans money secured by chattel mortgage on personal property. taking possession of the oropertv or any so mortgaged. Section 23 -602. LICENSE REQUIRE No person may enga in the business of a pawnbroker without first having obtained a license. Subdivision 1. Separate Licen-es Required: A pawnbroker may not conduct. onerate. or engage in the business of secondhand goods dealer. as defined in Section 23 -650, without having obtained a secondhand goods dealer license in addition to a pawnbroker license. I • ORDINANCE NO. Section 23 -603. LICENSE FEE. Subdivision 1. The annual fee for a pawnbroker shall be set by the city council by resolution. Subdivision 2. In addition to the annual fee. the city council may establish. by resolution. an investigation fee to be raid upon initial application and upon any change in ownership. Change in ownership shall include. in the case of a partnership. a change in identity of any partner and in the case of a co %oration. a change in ownership of more than five percent of shares. Section 23 -604. APPLICATION. Subdivision 1. Contents: A license applicant must complete an application form provided by the chief of police. The application must be in a form and rea_uest information of the applicant as determined by the chief of police. Subdivision 2. E xecution: If the applica is a natural person. the application must be signed and sworn by the person._ if a corporation. by agent authorized to sign: if a partnership. by a partner. Subdivision 3. Fee The application mu st be accompanied by the required license fee and the established fee for investigation. The annual license fee. but not the investigation fee. will be returned to the if the application is rejected or denied. Subdivision 4. False Statements: It is unlawful to knowingly make a false statement in the license ap plication. In addition t o all other penalties. the license may be subseauently revo by the cit council for violation of this section. Section 23 -605. BOND. A pawnbroker license will not be issued unless the applicant files with the city clerk a bond with corporate srzrety. cash. or a United States government bond in the amount of 510.000. The bon must be condition on the licensee obeving the laws and ordinances governing the licensed bu siness and paving all fees. taxes. penalties and other charges associated with the business. The bo must provide that it is fo rfeited to the Citv upon violation of law or ordinance. Such bond shall be maintained so long as the pa wnbroker does business. and shall be for the benefi of the City or any person who shall suffer any damage th rough the act of such pawnbroker and shall not be termin without the bond company ig ving wri tten notice thirty_ (301. days in advance of termination to the city clerk. • • ORDINANCE NO. Section 23 -606. SITE PLAN. Subdivision 1. The application for a pawnbroker license must be accompanied by a site elan drawn to scale. The site elan must contain: a. A legal description of the property which the proposed license premises is situated. b. A survev. C. The exact location of the license premise on the oropertv, customer and employee parking areas access onto the propertv, and entrances into the premises. d. The location of and distance from the nearest church. school, hospital and residence. e. A floor plan of the license premises. Section 23 -607. INVESTIGATIONS. Subdivision 1. Conduct: The City. prior to granting of an initial or renewed pawnbroker license. must conduct a background and financial investigation of the applicant. Any person having a beneficial interest in the license must be investigated. The chief of police shall cause to be made such investigation of the information requested in this ordinance and shall make a written recommendation and report to the city council. The chief of police must verifv the facts stated in the application and must report all convicted violations of state, federal or municipal law involving the applicant. interested persons. or the unlicensed premises while under the applicant's proprietorship. Subdivision 2. At the time of each on - in al app lication for a license, the applicant shall pav in full an i nvestigation fee, in an amou set by city council resolution. All investigation fees are nonrefundable. Subdivision 3. At an time that an additional in vestigation is reauired because of a license renewal. a ch ange in ownership or con trol of the licensee or because of an enlargement. alteration. o extension of premises previously l icensed. the licensee shall pay an investigation_ fee in an amoun set by city council resolution. All investi gation fees are no nrefundable. The investigation fee shall accompany the ® application. 3 ORDINANCE NO. Section 23 -608. PUBLIC HEARING. A pawnbroker license will not be issued without a public hearing. Any person having an interest in or who will be affected by the proposed license will be permitted to testify at the hearing. The public hearing must be preceded by 10 -day published notice specifying the location of the proposed licensed business premises. Section 23 -609. GRANTINCT OF THE LICENSE. After review of the license application, investigation report and public hearing. the city council may grant or refuse. for one or more of the reasons set forth in Section 23 -626. the application for a new or renewed pawnbroker license. A license will not be effective unless the application fee and bond have been filed with the chief of police. Section 23 -610. PERSONS INELIGIBLE FOR LICENSE. Subdivision 1. A pawn broker licens will not be issued to: a. A person who is not a citizen of the United States or a resident alien. or unon whom it is impractical to conduct a background and financial investis_ ation due to the unavailability of information: b. A person under 18 years of age: c. Subiect to the pmvi.si.gn. of law.. a person has been convicted of any state or federal law relat to receivi stolen property. sale of stolen property or controlled substance. burglary. robbery_ theft. damage or trespass to property. operation of a b usiness, or an y law or ordinance regulating the business of pawnbrokers or secondhand goods dealers: I A person who within five (5) years of the license application date had a pawnbroker or secondhand goods dealer license revoked: e. A person who the city council determines not to be of sufficient good moral character or repute: f. If the city council determines. after investigation and public hearing. that the issuance of or the renewal of the license would adversely public health. safety or welfare. Section 23 -611. PLAC INELIGIBLE FOR LICENSES. A license will not be issued or renewed under this section for an place or for my usiness: a. If taxes. assessments or other financial claims of the City or the State of Minnesota on the licensee's business premise are delinauent and unpaid: e ORDINANCE NO. 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: d. Where the applicant's present license was issued conditioned upon the applicant making specified improvements to the licensed premise or the propertv 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 23 -612. LICENSE LIMITATIONS. A license will be issued to the applicant only and only for the business premises as described in the application. The license is effective only for the premise specified in the approved license application. Section 23 -613. TERMS: EXPIRATION: PRO RATA FEE. The license is issued for a period of one (1) vear beuinninLi on Janijary 1 except that if the application is made during the license vear. a license mav be issued for the remainder of the license vear for a monthly pro rata fee. The unexpired fraction of a month will be counted as a complete month. The license expires on December 31. Section 23 -614. LICENSE REFUND. The city council mav, in its iuda_ment, refund a pro rata share of the license to the licensee or the licensee's estate if. a. The business ceases to operate because of destruction or damage: b. The licensee dies: C. The business ceases to be lawful for a reason other than license revocation: d. The licensee ceases to carry the licensed business under the license. Section 23 -615. DEATH OF A L_.ICENSEE. In the case of the death of a licensee. the personal representative of the licensee mav_ continue operation of the business for not more than 90 days after the licensee's death. Section 23 -616. RECORDS_ A licensed pawnbroker. at the time of receipt of an item, must immediatelv record. in ink or other indelible medium. in the Ena_ lish lanizua2e, in a book or word processing unit. the following information: • ORDINANCE NO. a. A complete and accurate description of the item including. but not limited to. anv trademark. identification number. serial number. owner applied 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 of the person from whom the item was received: e. The identification number from anv 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 wel 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 licensee for a period of at least three (3) years. g_ A pawnbroker must- at the completion of anv transaction. make a photographic record of the seller. the identification used. and the transaction receipt using a s plit image ph otographic 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 prin and must bear the d ate of the transaction. The ex posed film or video tape used to record these transactions must be retained for a minimum of one v ear after the date of t he last transaction recorded. It must be turned over to an authorized peace officer. upon demand. at anv during the retention period. h. The amount due and maturity date. and monthly annual interest rate. including all pawn fees and charges. Section 23 -617. DA REPORTS AND EX EMPTIONS. A computerized record of all transactions must be submitted to the police department on a daily basis. The computerized records must be compatible with the computer �l • ORDINANCE NO. system used by the Brooklvn Center Police Denartment. All items received must be reported on the computer sv_ stem. The re_nort shall include all information required under Section 23 -616. Section 23 -618. STOLEN GOODS AND IDENTIFICATION MARKINGS. A licensed pawnbroker must report to the police anv_ article pledged or received. or sought to be pledged or received. if the licensee has reason to believe that the article was stolen or lost. A licensed pawnbroker may not receive items from which a serial number, or other personal identification number or svmbol has been. or may have been. removed, altered, or obliterated. Section 23 -619. HOLDING. An item received by a pawnbroker as a pawn or loan transaction may not be sold or otherwise transferred for a _period of 90 days after the date of receipt. However. an individual may red an item dawned 72 hours after the item was received on de _ . posit, excluding Sundays and legal holidays. Section 23 -620. RECEIPT. A licensed pawnbroker must _provide a receipt to the seller of anv item which includes: a. The full name. residence address. residence telephone number, and date of birth of the pledger or seller. b. The address and telephone number of the business: C. The date and time o pawn or purc hase transaction: d. A complete and accurate description of the items purchased including model and serial number if indicated on the nwDerty: e. The purchaser's signature. f. The identification number. state of issue and type of identification provided by the pledgor or seller. g_ A description of the pledp?er including approximate height. sex and race. h. The amount paid or advanced. i. The maturitv date and amount die and the monthly and annual interest rates. including all pawn fees and charges. • j-. In addition. the f ollowing statements shall be printed on the receipt: I • ORDINANCE NO. 1. "Anv personal propertv 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 Dawn transaction. renewal. or extension: no further notice is necessary. There is no obligation for the pledgor to redeem pledged L-oods." 2. "The pledszor of this item attests that it is not stolen, it has no liens or encumbrances against it, and the oledQor has the riiht to sell or pawn the item." 3. "This item is redeemable only by the pled2or to whom the receipt was issued. or any person identified in a written and notarized authorization to redeem the property identified in the receipt. or a person identified in writinLy by the pledaor at the time of the initial transaction and sinned by the pledQor. Written authorization for release of property to persons other than the original pledgor must be maintained alonLy with the original transaction record. Section 23 -621. 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 notice. or court order. Said notification. if verbal. should be followed by written order with_ in 14 days setting forth the item to be held and the reasons therefore. Section 23 -622. WEAPONS. I Subdivision 1. A licensed pawnbroker may not receive, as a pledge or otherwise, accept for sale. anv revolve r. pistol. rifle or shotgun unless said dealer also maintains a federal firearms dealer's license. Subdivision 2. A licensed pawnbroker may not receive, as nledee or otherwise, acce for sale. any sawed -O shotgun, autom atic rifle, blackjack, switchblade, knife, or other similar weapons or firearms. Section 23 -623. 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: . a. be licensed as a motor vehicle dealer under Minnesota Statutes section 168.27. and post such license on the pawnshop premises: g ORDINANCE NO. b. verifv that there are no liens or encumbrances against the motor vehicle with the department of public safety; C. verifv that the pledaor has automobile insurance on the motor vehicle as required by law. Section 23 -624. HOURS OF OPERATION. From 9 p.m. Saturdav to 7 a.m. Mondav, no property shall be received as a pledge or purchased by a pawnbroker; nor shall anv nronerty be sold duriniz said hours by any pawnbroker. nor any other day before 7 a.m. nor anv other day after 9 p.m. Further. no pawnbroker shall be open for business on Christmas Day or Thanksaivina Day. Section 23 -625. PROHIBITED ACTS AND SIGNAGE. Subdivision 1. Minors: A minor may not sell. or attempt to sell, goods with a pawnbroker. A pawnbroker may not receive goods from a minor. Subdivision 2. Others: A pawnbroker may not receive anv izoods from a person of unsound mind or an intoxicated person. Subdivision 3. Identification: A awnbroker may not receive izoods. unless the, P - 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. Ownershin: No person mav_ pawn. sell, or deposit anv article of propertv that is not their own. Subdivision 5. State Statutes: Violation of Minnesota Statutes. Chanter 325J is a violation of this section. Subdivision 6. Si.u A sign must be conspicuously posted on each licensed premises that is n less than four feet s ouare in surface area. comprised of letteriniz not less than 3/4" high t he following: To pawn or sell property: A. You must be at 1 east 18 vears of age. B. You must he th true owne of the property. C. The property must be free of all claims and liens. D. You must present valid photo identification. E. Violation of any of these requirements is a crime., ORDINANCE NO. Section 23 -626. LICENSE DENIAL SUSPENSION OR REVOCATION. A license under this section may be denied. suspended or revoked by the city council after a public hearing' where the licensee is granted the o - _ pporlunity to be heard. for one or more of the following reasons:. a• The operation of the bu siness is in co nflict with any provision of this ordinance: b• The operation of the business is in conflict with anv health. building. maintenance. zoning, or other provision of this ordinance or law:, !• The licensee or the business premise fails to conform with the standards for license application contained in this section; I The licensee has failed to comply with one or more provisio of this section or anv_ statute. rule or ordinance pertaining to the business of pawnbroker: e. Fraud. misrepresentation or bribery in securing a license:. f Fraud. misrepresentation or false statements made in the course of the aplicant's business: - p i 9. Subject to the provi of law, th e licensee has been convicted of any state or federal law relating to r eceiving stole property. sale of stolen pmp erty or controlled substances. burglary. robbery_ theft. damage or trespass to property. a operation of business. or anv law or ordina.n,cc regulating the business of pawnbroker. Section 23 -627. REDEMPTION A person who pa wns an item shall have at least 90 days to redeem the item be fore it may be sold Redemption and effect of nonredemption shall otherwise be governed by Minnesota Statutes Chanter 325J. Section 23 -628. PAYMENTS BY CHECK. When a pawnbroker makes 12a -ment for an item pledged or received at the license p lace o e f bus -- � . .. _ _ _ mes s, payment mu _ p . must be made by check ade payable to the na payee w ho is actually the intended seller. m Section 23 -629. I NSPECTIONS Any pea ce officer or a properly designated, employee of the City or the State of Minnesota may enter a nd search business premises licensed under this section. or offsite storage fa:cilitiPS of the licensee. during normal business hours. without a warrant for the purpose of inspecting such premises and the rec ords and articles therein. Section 23 -630. COUNTY LIC ENSF. Pawnbrokers dealing in precious metals and gems must be licensed by Hennepin C ounty in addition to the City license. 10 ORDINANCE NO. Section 23 -631. SEVERABILITY. If any Dart of Sections 23 -601 through 23 -632 shall be adiudeed to be invalid by a colzrt of competent jurisdiction. such judgment or decree shall . not affect or impair the remainder of said sections. Section 23 -632. PENALTIES_ Anv person violating any provision of Sections 23 -, 601 through 23 -632 shall be guilty of a misdemeanor. and upon conviction thereof. shall be punished by a fine of not more than seven hundred dollars (5700) and imprisonment for not more than 90 days., or both. together with the cost of prosecution., SECONDHAND GOODS DEALERS Section 23 -650. DEFINITIONS. For the purpose of Sections 23 -650 through 23 -680. the terms defined in this section have the meanings given them., 1. 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. 2. Consignment House Dealer means a person whose regular business includes receiving. but not purchasing, tangible property with the intention to sell the propertv and divide the proceeds with the owner.. Section 23 -651. EXEMPTIONS. Sections 23 -650 through 23 -680 shall not apply to or include the following. Dealer enga * ing only in the foll owing transactions are not reauired to, have a license. The following transactions are not required by this ordinance to be recorded or reDorted to the police department., 1. The sale of secondhand goods where all 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: e. That no sale exceeds a sale of 72 consecutive hours: I That no more than four (4) sales are held in anv 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., ORDINANCE NO. 3. The business of buying or selling onlv those secondhand g oods taken as Dart or full Davment for new goods and where such business is incident to and not the Drimary business of a person. 4. A bulk sale of Droperty 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 anv twelve month Deriod. 6. Sales by a licensed automobile dealer. 7. Firearms. including antique firearms. sold by firearms dealers holding current valid federal firearms dealer licenses Dermitting 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 a_D_Dointed in this state to make sales for the benefit of creditors. 10. Transactions under $ 100 for store credit only. with no Dav_ ment of money to the seller. 11. Sales at public markets such as a flea market. 12. Sales of furniture. excluding electronic devices. 13. Sales of clothing provided no new clothing is sold (other than clothing Durchased from commercial wholesalers for resale at retail). 14. Sales of recvcled motor oil. 15. Sales by charitable organizations selling donated goods. 16. Sales of bona fide antioues or collectibles. 17. Sales of used books and magazines. 18. Resale of merchandise returned to the seller after an initial sale by the seller. i� ORDINANCE NO. 19. Sales of used tovs. Section 23 -652. LICENSE REOUIRED. No person may engage in the business of a secondhand goods dealer without first having obtained a license. Subdivision 1. Separate Licenses Required: A secondhand goods dealer may not conduct. overate or engage in the business of a pawnbroker without having obtained a pawnbroker license in addition to a secondhand goods dealer license. Section 23 -653. MULTIPLE DEALERS. The owners of a business. at which two or more secondhand goods dealers are enga.gecl in business by maintaining separate sales and identifying themselves to the public as individual deal ers. may obtain a multiple secondhand goods dealer license for that location. A multiple license mav_ not be issued unless the following requirements are met: r 1. The business must have a single name and address: 2. The business must operate in a compact and contiguous space as specified in the license: 3. The business must be under the unified control and supervision of the one person who holds the license: 4. Sales must be consummated at a central point of register operated by the owner of the business. and the owner must maintain a comprehensive account of all sales. Subdivision 1. Compliance: The holder of a secondhand goods dealer license under this section for a business with more than one dealer at the same location must comply with all of the requirements of this section. including the responsibility for police reporting and record keeping in the same manner as any other dealer licensed under this section. A dealer licensed under this section is responsible to its customers for stolen or misrepresented goods sold at its place of business in the same manner as anv other dealer licensed under this section. Section 23 -654. LICENSE FEE. Subdivision 1. Secondhand Goods Dealer: The annual license fee for a secondhand goods dealer shall be set by the city council by resolution. Subdivision 2. Multiple Sales: The annual license fee for a secondhand goods dealer 13 • ORDINANCE NO. for a location where more than one secondhand goods dealer is engaged in business shall be set by the city council. Subdivision 3. In addition to the annual fee. the citv council may establish. by resolution. an investigation fee to be paid upon initial application and upon any change in ownership. Change in ownership shall include. in the case of a partnership. a change in identity of any partner and in the case of a corporation. a change in ownership of more than five percent of shares. Section 23 -655. APPLICATION. Subdivision 1. Contents: A license applicant must complete an application form provided by the chief of police. The application must be in a form and rea_uest information of the applicant as determined by the chief of police. Subdivision 2. Execution: If the applicant is a natural person. the application must be signed and sworn by the person: if a cor_oration. by an agent authorized to sign. if a partnership. by a partner. Subdivision 3. Fees: The application must be accompanied by the reauired license fee and the established fee for investigation. The annual license fee, but not the investigation fee. will be rctizrn.ed to the applicant if the application is rejected or denied. Subdivision 4. False Statements: It is unlawful to knowingly make a false statement in the license application. In addition to all other penalties. the license mav_ be subseaue revoked by the city council for violation of this section. Section 23 -656. BOND. A secondhand goods dealer license will not be issued unless the applicant files with the city clerk a bond with corporate surety. cash. or a United States government bond in the amount of 510.000. The bond must be conditioned on the licensee obeving, the laws and ordinances governing the licensed business and paying all fees. taxes. penalties and other charges associated with the business. The bond must provide that it is forfeited to the Citv upon violation of law or ordinance. Such bond shall be ma_ intained so long as the secondhand goods dealer does business. and shall be for the benefit of the City or any person who shall suffer any damage through the act of such secondhand goods dealer and shall not be terminable without the bond company giving written notice thirty (30) days in advance of termination to the city clerk. Section 23 -657. SITE PLAN. • Subdivision 1. The application for a secondhand goods dealer license must be accompanied by a site plan drawn to scale. The site plan must contain: • ORDINANCE NO. a. A legal description of the pronerty_ un_ on which the proposed license _)remises is situated. b. A survev. C. The exact location of the license premise on the propertv. customer and emplovee parking areas. access onto the propertv. and entrances into the premises. d. The location of and distance from the nearest church, school, hospital and residence. e. A floor plan of the license premises. Section 23 -658. INVESTIGATIONS. Subdivision 1. Conduct: The City. prior to granting of an initial or renewed secondhand goods dealer license. must conduct a background and financial investigation of the applicant, Any person having a beneficial interest in the license must be investigated. The ch.i.ef of police shall cause to be made such investigation of the information requested J.P. this ordinance and shall make a written recommendati and report to the citycou The chief of police must verify the facts stated in the application and must report all convicted violations of state, federal or municipal law involving the applicant. interested persons, or the unlicensed premises while under the applicant's proprietorship. Subdivision 2. At the time of each original application for a license. the applicant shall )av in full an investigation fee. in an amount set bv_ city council resolution. All investigation fees are nonrefundable. Subdivision 3. At any time that an addition investigation is required because of a license renewal. a change in ownership or control of the licensee or because of an enlargement. alteration. or extension of premises previously licensed. the licensee shall pav an investigation fee in an amount set by city council resolution. All investigation fees are nonrefundable. The investigation fee shall accompanv the application. Section 23 -659. PUBLIC HEARING. A secondhand goods dealer license will not be issued without a public hea ring. Any person having an in terest in or who will be affected by the proposed license will be per mitted to testify at the hearing. T he public hearing must be preceded bv__ a 10 -day published notice sp ecifying the location of the propose licensed business premises. • ORDINANCE NO. Section 23 -660. GRANTING OF THE LICENSE. After review of the license application. investigation report and public hearing. the city council may grant or refuse. for one or more of the reasons set forth in Section 23 -675. the application for a new or renewed secondhand goods dealer license. A license will not be effective unless the application fee and bond have been filed with the chief of police. Section 23 -661. PERSO INELIGIBLE FOR LICENSE. Subdivision 1. A secondhand goods dealer license will not be issued to: a. A person who is not a citizen of the United States or a resident alien. or upon whom it is impractical to conduct a background and financial investigation due to the unavailabilitv of information: b. A person under 18 vears of aLye: C. Sub iect to the provision of law. a person has been convicted of anv state or federal law relating to receiving stolen nronerty. sale of stolen propertv or controlled substance. buralarv. robberv. theft. damage or trespass to property, operation of a business. or anv law or ordinance regulatine the business of secondhand goods dealer or pawnbroker: d. A person who within five (5) years of the license application date had a secondhand goods dealer or pawnbroker license revoked: e. A person who the city council determines not to be of sufficient good moral character or repute: L If the city council determines after investigation and public hearing. that the issuance of or the renewal of the license would adversely affect public health. safetv or welfare. Section 23 -662. 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 Citv or the State of Minnesota on the licensee's business premise are delinauent and unpaid: b. If the premise is located within 300 feet of a school. dav_ care center. or church: a C. Where operation of a licensed premise would violate zoning ordinances: or i (�n© RV • ORDINANCE NO. d. Where the applicant's present license was issued conditioned upon the applicant making specified improvements to the licensed premise or the propertv of the licensed premise which improvements have not been completed. Section 23 -663. LICENSE LIMITATIONS. A license will be issued to the applicant only and only for the business premises as described in the application. The license is effective only for the premise specified in the approved license application. Section 23 -664. TERMS: EXPIRATION: PRO RATA FEE. The license is issued for a period of one (1) vear beuinning on January 1 except that if the application is made during the license vear. a license may be issued for the remainder of the license year for a monthly pro rata fee. The unexpired fraction of a month will be counted as a complete month. The license expires on December 31. Section 23 -665. LICENSE REFUND. The city council mav_ , in its iudQment. refund a pro rata share of the license to the licensee or the licensee's estate if: a. The business ceases to operate because of destruction or damaize. b. The licensee dies: C. The business ceases to be lawful for a reason other than license revocation: d. The licensee ceases t car ry the licensed business under the license. Section 23 -666. DE OF A LICE NSEE. In the case of the death of a licensee. the personal representative o the licensee may continue operation of t he business for not more than 90 days after the licensee's death. Section 23 -667. RECORDS. A licensed secondhand Lyoods dealer at the time of receipt of an item. must im mediately record, in ink or other ind elible medium. in the English lanEuasie, in a book or word proces unit, the fol lowing information: a. A complete an accurate desc ription of the item including, but not limited to. anv trademark. identification number. serial number, owner applied number. model numb brand nam and/or other identifying mark(s) on such item:. b. The purchase price: C. Date. time and place of receipt: 1� ORDINANCE NO. d. Full name. residence address. residence phone number and date of birth of the person from whom the item was received: e. A description of the seller including approximate height. sex and race. f. The address and telephone number of the business: g_ The identification number from anv_ 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. h. The purchaser's or consignee's signature. i. 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 licensee for a period of at least three (3) years. J- A secondhand goods dealer (excluding consignment house dealers and dealers in computer cartridges. portable video games, and compact discs or similar sound or video recordings) must. at the completion of anv transaction. make a photographic record of the person selling the item(s). of 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 leave five (5) seconds in duration. In any transaction of less than $100, the dealer may substitute a photographic record of the identification used and the transaction receipt using a split image photographic device or other device capable of copving both documents simultaneously. 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 o one year after the d ate of the last transaction recorded. It must be turned over to an authorized peace officer. upon demand, at any during the retention period. k. The amount paid or advanced. • • ORDINANCE NO. Section 23 -668. DAILY REPORTS AND EXEMPTIONS. A computerized record of all transactions (except transactions of consignment house dealers and dealers in computer cartridges. portable video games. and compact discs or similar sound or video recordings) must be submitted to the police department on a dailv basis. The computerized records must be compatible with the computer system used by the Brooklvn Center Police Department. All items received must be reported on the computer system. The report shall include all information required under Section 23 -667. Section 23 -669. STOLEN GOODS AND IDENTIFICATION MARKINGS. A licensed secondhand good dealer must report to the police anv article sold or received. or sought to be sold or received if the licensee has reason to believe that the article was stolen or lost. A licensed secondhand goods dealer ma.v not rece_ ive items from which a serial number. or other personal identificatio number or symbol has b een. or may have been. removed. altered. or obliterated. Section 23 -670. HOLDING. An item received by a secondhand goods dealer for which a daily report to the police department is required by Section 23 -668 and the value of which is $100 or more may not be sold for a neriod of 15 days after receipt. Firearms aca_uired by a secondhand goods deal may not be sold for a period of 90 da ys after receipt. Section 23 -671. POLICE ORDERS. If a City police officer or other law enforcement officer notifies a dealer not to sell an item, the item m ay not be sold or removed from the licensed nremise until authorized to be released by the polic or court order. Said notification. if verbal. should be followed bv_ a written order within 7 days setting forth the item to be held and the reasons therefore. Section 23 -672. WEAPONS. Subdivision 1. A licensed secondhand goods dealer may not receive. as a pledge or otherwise. accept for consignment or sale. any revolver. pistol, rifle or shotgun unless said dealer also maintains a federal firearms dealer's license. Subdivision 2. A l icensed secondhand g oods dealer may not receive. as pledge or otherwise. accept for co nsignment or s ale. any sawed -off shotgun. automatic rifle. blackiack. switchblade knife, or other similar weapons or firearms. { I • ORDINANCE NO. Section 23 -673. HOURS OF OP From 9 p.m. Saturday to 7 a.m. Monday. no property shall be received as a pledge. on consignment or purchased by a secondhand goods dealer: nor shall any property be sold during said hours by any secondhand goods dealer. nor anv other day before 7 a.m. nor any other day after 9 p.m. Further. no secondhand goods dealer shall be oven for business on Christmas Dav or Thanksgiving Day. Section 23 -674. PROHIBITED ACTS AND SIGNAGE. Subdivision 1. Minors: A minor mav not sell or consign, or attempt to sell or consign. goods with a secondhand goods dealer. A secondhand goods dealer mav receive goods from a minor. Subdivision 2. Others: A secondhand goods dealer mav receive anv_ goods from a person of unsound mind or an intoxicated person. Subdivision 3. Identification: A secondhand goods dealer mav not receive goods. unless the seller presents identif cation in the form of a valid picture driver's license or official state photo ide ntification . United States passport or military I.D. Subdivision 4. Ownershin: No person mav or deposit anv_ article of property that is not his or her own. Subdivision 5. Signa¢e: A si must be cons picuously posted on each licensed premises that is not less than four feet sauare in surface area, comprised of lettering_ not less than 3/4" high stating the he fol lowing: To sell Dropertv: A. You must be at least 18 vears of age. B. You must be the true owner of the property. C. The nropertv must be free of all claims and liens. D. You must present valid photo identification. E. Violation of anv of these reauirements is a crime. Section 23 -675. LICEN DENIAL, SUSPENS OR REVOCATION. A license under Sections 23 -650 thro 23 -680 may be denied, suspen or revoked by the city council after a public hearing where the l icensee is granted the opportun to be heard. for one or more of the following reasons: a. The operation of the busi is in conflict with anv provision of this ordinance: 0o ORDINANCE NO. b. The operation of the business is in conflict with any health, building, maintenance. zoning. or other provision of this ordinance or law:. C. The licensee or the business nremise fails to conform with the standards for license application contained in this section: d. The licensee has failed to comply with one or more provisions of this section or any statute. rule or ordinance pertaining to the business of secondhand goods dealer: e. Fraud. misrepresentation or bribery in securing a license: f. Fraud. misrepresentation or false statements made in the course of the applicant's business: Subiect to the provi.sion.s of law. the licensee has been convicted of any state or federal t. e property. sale of stolen property or controlled a law relating to receiving s , .ol ,n p p p _ _ _ _ substances. burglary. robbery. theft. damage or tresnass to property, operation of a business. or any law or ordinance regulating the business of secondhand goods dealer or pawnbroker. _ a Section 23 -676. PAYMENTS BY CHECK. When a secondhand goods dealer makes pavment in an amount greater than one hundred dollars ($100) for an item or items received from a single seller at the licens place of business paym ent must be made by check, payable to the named payee. who is actually the intended seller. Section 23 -677. INSPECTIONS. Any peace officer or a properly designated em of the City or the S tate of Minnesota may e nter and search business premises licensed under this section. or offsite storage facili of t he licen duri normal business hours, without a warrant for the pur pose of inspecting such uch premises and the reco and articles therein. Section 23 -678. COITNTY LICENSE. Secondhand goods dealers dealing in precious metals and gems mus he licen by Hennepin County in addition to the City license. Section 23 -679. SE VERABILIT Y. If any part of Sections 23 -650 through 23 -680 shall be adjudged to be invalid by a court of competent jurisdicti such judgment or decree shall not affect or impair the remainder of said sections. Section 23 -680. PENALTIES. Any person violating any provision of Sections 23- 650 through 23 -680 shall be guilty o a misdemeanor, a nd upon conviction thereof. shall be punished by a fine of not more than seve hundred dollars ($700) a nd imprisonment for not more than 90 day or both. together with the cost of prosecution. i I • ORDINANCE NO. Section 3. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 1 1998. Mayor ATTEST: City Clerk Date of Publication Effective Date Strikeout indicates matter to be indicates new matter. ( deleted, underline ind ) • City Council Agenda Item No. 9j ��pOKLYH CEIVlE BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: City Manager Michael McCauley FROM: Chief Joel Downer DATE: August 19, 1998 SUBJECT: Code Enforcement Status Report The neighborhood liaison has completed the code sweep of the northeast quadrant of Brooklyn Center which is bounded on the south by I -694, on the west by Shingle Creek, and on the north and east by the city limits. All properties in this area have been inspected, however several that are not in compliance require inspection at a later date. The code sweep now moves west to the area bounded b I -694 on the south, Shingle Creek on Y g the east, and the city limits on the north and west boundaries. 149 properties that were inspected between July 22, 1998, and August 17, 1998, were found to be in violation of City ordinances. The most common violations were the improper storage or removal of garbage, rubbish, and debris with the second most common violation being improper vehicle storage. 213 re- inspections of property were conducted between July 22, 1998, and August 17, 1998. 60 properties that had been inspected and re- inspected were found to be in compliance with City code with no further action required. The neighborhood liaison continues to respond to calls from the public as well as assisting other City department's in the issuance of citations and locating property owners and mortgage companies of abandoned property. JD:kh • codestal .mem MENEM IPA' 0 ����w�si �'41° = ii!■■ii�i� i�i�itHG���® ♦S '�I` VA N►�!t ', -'t;►►�►�1��1 ri!rc!� w►� �■n■t•IUaEI � c �a■■ ���0�'°� '.♦ IP,sz a♦I�tl►► L`1 ■.INS ■ > ■uui■■r■nor■ i��■■■■� ��! ►�I►'M' ��abl�1�.�d►a �r.��a�■rtr�.e��swn■■■■a■ea■1■1,� ■�■..■ �� ♦ �,,It►�►''E !f�wl�:^��: •���I Iz�►1,, �o�.: .. , .=��yn►Aga+:� a��r■�1�■ 1■!■!N■I�Fit> ♦�' +` 4�♦ 1111 1 1 -A .'eT�Tir�r�=1■AI111�1�1■1�■■1■U/ r •► ► ..15„ UM� +' • ..� 1►'i I ♦F � Nlaa t■is�l� x h.�■nt�� n�t� ■EEC ■tee■■N O �.�♦ ��0I� ti pf4g-no � !�Iv F1 a1�1lr1��� �rr`i ,►"1"� d 4►�I I�Q t�it1■IUIII■11■1UtEti� wi�Gi�TY ��� _ , .�'�► ` b ► ' i It ' t1�lUmm■il9UI�[IC�IIEic�■■■wr■11■r i r 'a . .� ♦ �► , A� Mok■� �� ■ :�;��I�v■■■[c��■ ■nfa■a.S ♦♦0,9►��Md� ♦`�►��► .�r�, 4.QI,�t►I 'tjK��t/ —��Ilcnen■Ir1�■1 �e�■ ®■t om ■ �'°WORM,AMA w '1t �111MRtlt►■al li6■I■t,■�I■s■u►;a-�un,�,o.�l. nom.; ,►a,A ���� ,2I " A,` •m'�fvyaD.� v�!�' �esel•Cncu a■iala ��..= .awd����U6t .• � .'i� �I►�►. 0 012,411FAMA-05"Wil WE MOVAN 0, NO wI.�I l .� �'.w.wry a .� t+ �` L�iwwQQ t - 11 • City Council Agenda Item No. 9k • • MEMORANDUM DATE: August 20, 1998 TO: Michael J. McCauley, City Manager 1 FROM: Diane Spector, Director of Public Wor SUBJECT: Resolution Authorizing the Execution of a Right of Way Agreement With Hennepin County for Improvement Project No. 1999 -04, Brooklyn Boulevard from 64th to 71 st Avenues At the Council's August 10, 1998, a draft right of way agreement with Hennepin County was reviewed. At that time, staff reported that we thought the terms were fair, but that we were continuing to work with Hennepin County staff to refine cost estimates. We still had questions and concerns about potential for environmental cleanup, and regarding the right of way costs estimates. Environmental Information Since that time, Hennepin County staff have received a draft of the Phase I environmental report, which looks reasonably good. It appears that all the potential environmental contamination has been identified by the responsible property owners, and the cases have been either closed or are currently in remediation or investigation, with the exception of one site. The environmental consultant recommended a Phase II study be completed for the Minnesota Outdoor Power Equipment (formerly Laws) site in the Lane Shopping Center. The environmental consultant identified suspicious stains, odors, and business practices which leads them to believe there is a potential for contamination. Identified now, this contamination can be assigned to the current owner /tenant, rather than be a responsibility of the City /County. The Phase I report also indicated that while it is almost a certainty that some petroleum - contaminated soils will be encountered during roadway construction, it appears that most of the potential for contamination, including that from the Pilgrim Cleaners site, is outside the construction limits. The report also recommends a process by which Hennepin County can now begin to obtain No Association letters, and other types of assurances from the Voluntary Identification and Cleanup Program (VIC) which will limit liability and costs concerns. An approved comprehensive contingency plan will also eliminate delays should petroleum or other contamination be found during construction. Given this report, it appears that the costs of cleanup should be fairly reasonable given the history of land uses in this corridor. The right of way agreement does specify that the county and the City will seek all sources of grant funding, such as the Petrofund, to offset any costs of contamination cleanup. Right of Way Estimates Hennepin County staff have confirmed that they are not authorized to prepare or obtain actual appraisals for properties to be acquired until after a right of way agreement has been executed. Therefore, the best right of way cost estimate (50 percent of which would be the city's share) that we have at this time is the $1,878,000 shown in the agreement, which excludes any environmental cleanup costs. I believe this is "in the ballpark," unless one or more of the commercial properties receives an extraordinarily favorable condemnation award. The proposed agreement does include an "escape clause." I recommend that we review this language with the City Attorney to achieve a level of comfort that would allow the agreement to go forward so that Hennepin County can begin appraisals. Requested Council Action Authorize execution of the agreement, subject to approval by the City Attorney and City Manager of the wording of the "escape clause" which they believe adequately protects the City's financial interests. • RUG -04 -1996 12:2B FROM TO 95593494 P.02 Agreement No. PW 24 -02-98 County Project No. 9322 County State Aid Highway No. 152 City of Brooklyn Center County of Hennepin AGREEMENT FOR RIGHT OF WAY ACQUISITION THIS AGREEMENT, Made and entered into this day of , 19 , by and between the County of Hennepin, 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, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City ". WITNESSETH: WHEREAS, The County and the City have been negotiating to bring about the complete reconstruction of County State Aid Highway 152 (Brooklyn Boulevard) between 60 Avenue North and 71" Avenue North; also known as County Project No. 9322, hereinafter referred to as the "Project " "; and WHEREAS, The County intends to receive competitive bids and award a contract for the construction of said improvements to the Brooklyn Boulevard roadway commencing in calendar year 2000; and WHEREAS, The County and the City recognize that it is mutually advantageous and desirable for them to each be directly involved in the acquisition of the property necessary for the roadway right of way purposes; and WHEREAS, The City and the County mutually desire to assign the acquisition of the necessary properties between the parties, to establish the ten and conditions by which properties are to be acquired, and to set forth the division of costs of the acquired properties; and WHEREAS, It is contemplated that said work be carried out by the parties hereto under the provisions of Minnesota Statutes 1992, Section 162.17, Subdivision 1 and Section 471.59, NOW THEREFORE, IT IS HEREBY AGREED: 1 A map has been prepared which identifies those property parcels along CSAH 152 from which permanent right of way acquisitions, either partial or total, are necessary for the aforesaid -1- HuU- 04 - 1yya 1� �� r-KUr� iu y5by3494 P.03 Agreement No.. PW 24 -02 -98 CSAH 152; C.P. 9322 CSA14 152 reconstruction. A copy of said map is attached hereto (marked Exhibit "A. ") and by this reference made a part hereof. II The responsibility for the acquisition of the permanent right of way required to reconstruct CSAH 152 shall be divided between the City and the County on a parcel basis according to the following: The City shall be responsible for the acquisitions of parcels No. 7, 8, 9, 10, 11, 12, 13 and 18. It is understood that parcels No. 7, 8, 9, 10, 11 and 12 have or will be acquired in total. The County shall be responsible for the acquisition of all the remaining parcels required with the understanding that parcels No. 4, 5 and 6 will be acquired in total. It is understood that upon completion of the detail plans by the County's consultant, if it becomes apparent that it would be advantageous to modify the aforestated right of way taking designation, i.e. partial versus total, of any of the identified parcels that such a change can occur provided it is mutually agreed to by each party's desiznated representative identified later herein. An amendment to this Agreement will not be required to modify the type of acquisition. The creation of parcel remnants which do not conform with City building requirements will not be cause for a total acquisition. III It is hereby understood that the phrase "responsible for the acquisition of as used in the immediately preceding section and elsewhere throughout this Agreement shall be construed to mean the performance of all tasks and duties necessary and legally required to obtain the right to use the subject property for the purposes set forth in this Agreement. Said rights may be obtained by, but not limited to, direct purchase, dedication, donation or condemnation. Each party is hereby obligated to provide all resources necessary to complete the hereinbefore defined and assigned acquisitions. Either party may contract with independent and qualified appraisers, property acquisition and relocation consultants as they may deem necessary to fulfill their obligations. IV I The costs incurred by the City for the total acquisition of parcels No. 7, 8, 9, 10, 11 and 12 ® shall be shared equally by the County and the City. The City shall use its best efforts to sell at the most favorable price those portions of said parcels which are not required for the Project. The proceeds from such sales shall be shared equally b the Count and the C Y Y -2- RUG -04 -1998 12:23 FROM TO 95693494 P.04 Agreement No. P'W 24 -02 -93 CSAH 152; C.P. 9322 The City has previously purchased parcel No. 13 in total, even though the total acquisition is not necessary to construct the Project. Therefore, the County's share in the acquisition costs of this parcel shall be limited to fifty (50) percent of the pro -rated value of the land required for CSAH 152 roadway right of way, using the assessor's land value amount at the time of acquisition by the City. In the event of the sale of that portion of the parcel not required for the Project the City will not be obligated to share any proceeds received with the County. As previously set forth, it shall be the City's responsibility to obtain the right of way required for the Project on parcel No. 18. In the event the City is unable to acquire the necessary right of way in a timely manner for the construction of the Project the � Y Y 1 County may acquire it. In the event the County acquires the necessary right of way on parcel No. 18 the City shall be obligated to participate in fifty (50) percent of the acquisition costs incurred by the County. The City agrees to grant easements to the County over those lands presently owned or acquired by the City that are a part of the required right of way for said Project, and are not identified herein. Said easements shall be granted at no cost to the County. The County will acquire the Tight of way necessary for the Project on parcels No. 1, 2, 3, 14, 15, 16, 17 and 19. All costs incurred by the County in the acquisition of the necessary right of way from these parcels shall be shared equally by the County and the City. It is understood that there are access issues associated with parcels No. 1, 2 and 3 which directly affect the amount of right of way that may be required. The County will maintain communications with the owners of the parcels during the development of the detail plans in an effort to resolve the access issues in a cost effective manner. The acquisition costs incurred by the County for the total acquisition of parcels No. 4, 5 and 6 shall be shared equally by the County and the City. The County will retain ownership of those portions of these parcels which are necessary for the Project. The remaining portions of these parcels will be available for sale by either the County or the City and the proceeds from such sales shall be shared equally by the County and the City. Each party shall be responsible to provide the necessary maintenance, security and risk management services on any property that is acquired4aftwA&l: Said responsibility shall commence on the date the _ G� „A /(� - ed. Th party which acquires the property shall also be responsible to ins ect or have inspect any s tures on the property for the existence of hazardous materials ich must be abated prior to th demolition of the structure. RUG -04 -1998 12 30 FROM TO 95693494 P.05 Agreement No. PW 24 -02 -98 CSAH 152; C.P. 9322 The acquiring party shall have the option to have any structures removed under a separate contract or as part of the CSAH 152 reconstruction Project. All costs incurred for the demolition of any structures, including but not limited to, the actual demolition costs, the costs for hazardous materials inspections and abatement costs if required, shall be shared equally between the County and the City. All costs of providing maintenance, security and risk management services on any vacant ZVI structures shall be the sole responsibility of the party which acquires the property. VII The County will acquire all temporary easements required for the construction of the Project, excepting those parcels previously identified herein as the City's responsibility to acquire. In those instances the City shall negotiate and obtain any temporary easements that may be required in conjunction with the City's acquisition of permanent right of way. All costs incurred by both the County and the City for the acquisition of temporary easements shall be shared equally by the County and the City. (� VIII The acquisition cos ncurred by the City and the County as described herein shall include, but are not limited to,�uly and all damages occurring to any person or persons, including private. utilities, in relocating or removing or adjusting main conduits or other structures Ioca.ted in or upon the land taken and within the present right of way all costs to perform Phase 17 environmental site assessments, which may include but not limited to sampling, analyzing and characterizing the subsurface conditions of individual properties, the costs of Minnesota Pollution Control Agency fees for technical review and issuance of liability assurance letters, as well as any subsequent environmental clean-up that may be required; all costs incurred for appraisals, taxes, titles, surveys and condemnation commissioners, if required; all costs associated with any inspections for hazardous materials and abatement of same prior to any structure demolition; or damage in procuring any acquisition, whether such damage is caused by the County or the City in the performance of such contract with respect to the improvement of CSAH 152 between 64 Avenue North and 71'` Avenue North. The estimated cost to purchase the necessary new CSAH 152 ri o fwav and tem porare easements for construction is O Million Seven Hundred Eig hty Seven Thousand Dollars and No Cents ($1,787,000.00 This estimated includes all pa rcels whether obtained by the Cit or the County but does not include cos for any environmental cleanup than m ay be rea uired. • The costs incurred by the City and the County for their respective personnel costs or for any professional services necessary to negotiate the acquisition of property and to determine -4- HULi- l�4 -lyya l� Jl Fku(1 i u y5by.54y4 H.06 Agreement No. PW 24 -02 -98 CSAH 152; C.P. 9322 relocation benefits shall not be split by the parties hereto. All such costs shall be the sole responsibility of the parry that incurs them. Damages, as used in this section, pertains to acquisition costs allowed by Minnesota Statute Chapter 117 and does not abrogate the meaning of the language set forth elsewhere in this Agreement. IX Each party will periodically, as properties are acquired, prepare and submit to the other party itemized statements documenting the actual acquisition costs incurred by the party, as well as the sale price of any remnant parcels sold, since the last statement submitted. The statements submitted to the City by the County shall identify and include as a credit the County's proportionate share of those actual acquisition costs previously incurred by the City for which the City has submitted statements to the County, as well as any credits due the County due to the sale of remnant parcels by the City. The statements submitted to the City shall contain an invoice for the net amount of acquisition costs due and payable to the County. The City shall remit payment to the County for the net amount payable to the County within forty five (45) days after receipt of said invoice. X All navments to the County must he nosrmarked by the date due or a late venalty of one (1) percent ti er month, or fraction thereof, on the unnaid balance will be charged to the City. The Citv shall vav the amount due as stated on the statement. notwithstanding anv dispute of such amount. Should a disputed amount be resolved in favor of the Citv. the Countv shall reimburse the dis vuted amount plus daily interes thereon calculated fro the date such disputed amount was received by the County. Dailv interest shall beat the rate of one (1 %) percent Der month on the disputed amount. All Davments to the Cit must be nostmarked by the da te du or a late Denaltv e of one (1) percent Der month, or fraction thereof on the unpaid balance will be charted to the County. The Countv shall Dav the amount dice as .stated on the statement. notwithstanding anv dispute ofsuch amount. Should a disputed amount be resolved in favor of the Countv. the Citv shall reimburse Me dis vuted amount vlus daily intere thereon calculated from t he date such disputed amount was received by the City, Daily interest shall be at the rate ofone (1 %) Dercent Der month on the disvuted amount. XI • The County, at its sole cost and expense, will conduct a Phase 1 environmental site assessment (ESA), which may include but not limited to reviewing the existing and available -5- HUG -04 -1998 12.31 FROM TO 95693494 P.07 Agreement No. PW 24 -02 -93 CSAH 152; C.P. 9322 historical information pertaining to land use and conditions of the properties within the limits of the Project. In the event a Phase II ESA is required on any parcel it is hereby understood and agreed that the County will assume the responsibility to have the Phase II ESA completed. All costs incurred by the County for the completion of any Phase lY ESA required shall be shared equally by the County and the City. XII In the event the Phase II environmental site assessment identifies contamination within the new CSAH 152 right of way which must be cleaned up, the County will hire consultants and contractors as necessary to clean up the roadway right of way and obtain approval of the Minnesota Pollution Control Agency. Any such clean up required may be accomplished under a separate project or may be included in the CSAH 152 reconstruction Project. It is agreed that the ON and County will investiL-ate and exhaust all available ovtions for vavment of costs incurred related to cleanup ofsaid new CSAH 152 right ofwav, This includes, but is not limited to. responsible parties. All environmental clean up costs incurred by the County which are not reimbursed from other sources shall be shared equally by the County and the City. XIII All records kept by the City and the County with respect to this Project shall be subject to examination by the representatives of each party hereto. Each varty shall provide the other earry with a report ofthe current status ofne -aotiations on unobtained parcels when requested, but no more freauent than every other month. Said retorts shall include. but not limited to, such data as necessary to keen the other varty informed of costs. items of concern to the nroverty owner, anticivated date of acauisition, and if condemnation will be necessarv. XIV Each party agrees that it will be responsible for its own acts and the results thereof, to the extent authorized by law, and shall not be responsible for the acts of the other party and the results thereof. The County and the City's liability is governed by the provisions of Minnesota Statutes, Chapter 466. The County and the City each warrant that they are able to comply with the aforementioned indemnity requirements through an insurance or self- insurance program. XV • It is further agreed that an and all employees of the City and all other persons engaged b Y tY P €�� Y the City in the performance of any work or services required or provided for herein to be -6- RUG- 04 -19yt3 FROM 1U y5by S4y4 F. 08 Agreement Igo. PW 24 -02 -98 CSAH 152; C.P. 9322 performed by the City shall not be considered employees of the County, and that any and all claims that may or might arise under the Workers' Compensation Act or the Minnesota Economic Security Law on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the County. Also, any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees of the City, and that any and all claims that may or might arise under the Workers' Compensation Act or the Minnesota Economic Security Law on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the City. XVI In order to coordinate the services of the County with the activities of the City so as to accomplish the purposes of this Agreement, the Hennepin County Engineer or his designated representative shall manage this Agreement on behalf of the County and serve as liaison between the County and the City. In order to coordinate the services of the City with the activities of the County so as to accomplish the purposes of this Agreement, the City's Engineer or his designated representative shall manage this Agreement on behalf of the City and serve as liaison between the City and the County. XVII It is understood and agreed that the entire agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. XVIII This Azreernent may be cancelled prior to the completion of the obiectives set forth herein with the mutual consent of both parties via an amendment hereto. Cancellation may be -7- Y'tUU I'.' -i - 1770 1G• JJ f KU�'I � U 7J07J{7-1 I'', �;J`,�' Agreement No. PW 24 -02 -98 CSAH 152; C.P. 9322 considered in the event the antieivated acquisition costs and/or environmental cleanuv costs to be Daid by the parties increase substantially above those estimated herein or for anv other reasons that may arise that ieovardize the feasibility of the Proiect. In the event this agreement is cancelled the parties agree to reconcile all costs vreviously incurred by them in accordance with the vrovisions ofArticles IV through XII hereof. xix The provisions of Minnesota Statutes 181.59 and of any applicable local ordinance relating to civil rights and discrimination and the Affirmative Action Policy statement of Hennepin County shall be considered a part of this Agreement as though fully set forth herein. -8- 1- tUU - r1�1 - 17717 1G• JJ I`KUI`I i U Agreement No. PW 24 -02 -98 CSAH 152; C.P. 9322 IN TESTIMONY WHEREOF, The parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF BROOKLYN CENTER (Seal) By: Mayor Date: And: Manager Date: COUNTY OF HENNEPIN ATTEST: By: B Deputy /Clerk of the County Board Chair of its County Board Date: Date: APPROVED AS TO FORM: And: Assistant/Deputy/County Administrator By: Date: Assistant County Attorney And: Date: Assistant County Administrator, Public Service and County Engineer Date: APPROVED AS TO EXECUTION: RECONL TENDED FOR APPROVAL: By: B ® Assistant County Attorney Director, Transportation Department Date: Date: -9- I HUG -04 -15 8 FRUM iU 95by3454 P.11 f AWQ • - t� LY! t•n � t3) �• .s, dw �f r - • f�V fesl . tit) �► Ell) . (�.� v Din clop rlrZ ' • :• r - fell X , 'ate . rM• Stor R • cip (ts 1 (eel - --tea ---- _ -------------- �. n 69TH; AVE N +y (FOWLY HCSAH NO 1 30, PLAT 27) i UD SUED 0 �� tom• � 1 � 0 25 1 l (s) 7 I2f) 1211 SM rp, a tb 1 IVA\ j .�rIPIJ'7 � � 'L .1 • f ,EVE ;`t y 1 -� �• `� - a �- 14 I �� \ BROOKLYN BOULEVARD / `• `` ,• .. .•ram , > ♦ r r Hennepin County Agreement No. PW 24 -02 -98 Exhibit "A ", Sheet 1 of 2 RUG -04 -1998 12:34 FROM TO 95693494 P.12 Wl as caRraaaTE `; 1121 AV ` ,1D!?Sd s !J- J cJai \\ �� (77) \ (x) .. BROOKLYN BOULEVARD s �a 1 \ a \ CD400 vp 529 5CULEVAn F a 1 r PU1A \ CMOCs)INItAf i 6`a /via % ya A0 rz:. r \\ �0 • s it _._ a\ 7.1 694J _ `I s-.rt �+__ -- 4 S)•S - - . U2 A.4 K ) .n 1 ,r a S1Lf e�( C6m r 61W " 64JO 6w i v/J � 1141 Ca) ( 1441 or tuR! 692/ d4tl rtt `` J t )1) 4 > dam/ - C tS2l - 5 127 (22) 0.) � < •r � 1 Z 0417 (Ip) C12) 6TrJ� 691: :]1) � ''it 1 • Q!J vrJ � �. �. � �� • s ^* .r• ' tut �4'' 4� �. � .i c � .;£•!• c (96) a 6914 (�31 4' �, � � ♦,'�s ` s 111 4� ` M 44.1 ' I a 1.7b1 � _ toll — lt7) '" (ti) � ' •!j0 ``„R ` ♦.` (] 1'91 t 2!1 4te .., - � i .y► f \��Jn}'1 �Q �.�4, PLAT 27) r.y ' - ' �""'� as •. .'.� mks \ Hennepin County Apmment No. Pw 24 -02.88 Exhibit "A "; Sheet 2 of 2 TOTAL P.12 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE EXECUTION OF A RIGHT OF WAY AGREEMENT WITH HENNEPIN COUNTY FOR IMPROVEMENT PROJECT NO. 1999 -04, BROOKLYN BOULEVARD FROM 64TH TO 71ST AVENUES WHEREAS, by Resolution No. 97 -188 approved on October 14, 1997, the City Council approved a preliminary layout for Improvement Project 1999 -04, Brooklyn Boulevard from 64th to 71st Avenues; and WHEREAS, said layout would require the acquisition of a substantial amount of right of way to construct the agreed -upon improvements; and WHEREAS, in accordance with City and County policy an Agreement for Right of Way Acquisition has been prepared which details cost and procedural responsibilities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: i 1. The Agreement for Right of Way Acquisition known as Hennepin County Agreement No. PW 24 -02 -98 is hereby approved, subject to final review and approval by the City Attorney and City Manager. 2. Upon receipt of those approvals, the Mayor and City Manager are hereby authorized and directed to execute said agreement. 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.