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HomeMy WebLinkAbout1995 03-27 CCP Regular Session CITY COUNCIL AGENDA • CITY OF BROOKLYN CENTER MARCH 27, 1995 7 p.m. 1. Call to Order 6_1 5' 2. Roll Call , 3. Opening Ceremonies Mc ZA 4. Council Report - S - . -- Presentatwn-- 6. Approval of Agenda and Consent Agenda / 1 -1 Iv, -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. March 13, 1995 - Regular Session b. Proclamation Declaring April 22, 1995, to be a Day of Spiritual Rededication in Brooklyn Center C. Resolution Amending the Enabling Resolutions of the Brooklyn Center Financial Commission " k--, -k d. Resolution Amending the Enabling Resolutions of the Brooklyn Center Housing Commission i e. Resolution Amending the Enabling Resolutions of the Brooklyn Center Human Rights and Resources Commission S - f. Resolution Amending the Enabling Resolutions of the Brooklyn Center Park and Recreation Commission g. Resolution Amending the Enabling Resolutions of the Brooklyn Center Planning Commission in • CITY COUNCIL AGENDA -2- March 27, 1995 h. Resolution Authorizing the Mayor and City Manager to Enter Into an Agreement Between the City of Brooklyn Center and North Hennepin Mediation Project for Mediation Services ` . �^ ,, -- �7 i .. ? f i. Resolution Authorizing the Mayor and City Manager to Enter Into an Agreement Between the City of Brooklyn Center and Brooklyn Peacemaker Center, Inc. for Juvenile Diversion Services C' �,e 4 ii j. Resolution Authorizing the Purchase of One (1) Dump Box for Truck #92 r, k. Resolution Accepting Bid and Awarding Contract, Improvement Project Nos. 1994 -15, ADA Trails, Curb Cuts, and Pedestrian Ramps, and 1994 -23, Miscellaneous Sidewalk Repairs, Contract 1994 -M ( -.(' / X' --f 1. Resolution Accepting Bid and Awarding Contract, Improvement Project No. 1994 -33, Contract 1994 -P, Miscellaneous Removals, Excavation, and Concrete Curb C° l "K ` j !' s c ; -Y. -This item pro vides site improvements relating to installation of new playground equipment at Lions, Firehouse, and Orchard Lane Parks m. Resolution Establishing the 1995 Diseased Tree Removal Program, Approving Specifications, and Directing Advertisement for ids Improvement Pro ject No. • P g B f Pro Contract 1995 -C n. Resolution Accepting Bid and Awarding Contract, Improvement Project No 1995 -06, Contract 1995 -A, 1995 Sealcoat Program. o. Resolution Approving Supplemental Agreement No. 1 and Change Order No. 1 for Improvement Project No. 1994 -19, Contract 1994 -J, Shingle Creek Parkway Mill and Overlay F q F` — `1 6 p. Resolution Authorizing the Issuance, Sale and Delivery of Rental Housing Revenue Bonds (Four Courts Apartments Project) Series 1995, in an Amount Not to Exceed $2,300,000; Approving the Form of and Authorizing the Execution and Delivery of a Loan Agreement and Indenture of Trust and Other Documents; Approving the Form of and Authorizing the Execution and Delivery of Said Bonds q. An Ordinance Vacating Certain Utility and Drainage Easements in Registered Land Survey No. 1603 and in Brooklyn Center Industrial Park Plat 1 -This ordinance is presented this evening for a first reading. The easements in question are on the site of the Evergreens development. The owner is by a separate agreement conveying replacement easements to the City. r. Licenses �- CITY COUNCIL AGENDA -3- March 27, 1995 7. Open Forum 8. Public Hearing „' a. An Ordinance :;Placing a Moratorium on the Siting of Adult Establishments With` Aq on' istrict of the City of Brooklyn Center; and Directing a Study to be Conducted 4 1 ,/ &'-CAI FYI � �- -This ordinance was first read on 1~ebruary 27, 1995, published in the City's official newspaper on March 8, 1995, and is offered this evening for a public hearing and second reading. , b. Public Hearing Regarding Proposed Im 'rovement Project Nos. 1995 -07, 08, and 09, Woodbine Neighborhood Street, Storm Drainage, and Utility Improvements, and Proposed Special Assessments, Improvement Project Nos. 1995 -07 and 1995 -08, Woodbine Neighborhood Street and Storm Drainage Improvements 1. Resolution Ordering Improvement and Authorizing Preparation of Plans and Specifications, Improvement Project Nos. 1995 -07, 08, and 09, Woodbine Neighborhood Street, Storm Drainage, and Utility Improvements, Contract No. 1 -B 995 P • 2. Resolution Certifying Special Assessment for Improvement Project Nos. 1995 -07 and 08, Woodbine Neighborhood Street and Storm Drainage Improvements, to the Hennepin County Tax Rolls J� C. Public Hearing kegarding Proposed Improvement Project Nos. 1994 -05 and 06, Humboldt Avenue, 69th Avenue to 73rd Avenue, Street and Utility Improvements, and Proposed Special Assessments, Improvement Project No. 1994 -05, Humboldt Avenue, 69th Avenue to 73rd Avenue Street Improvements L Resolution Ordering Improvement, Approving Plans and Specifications, and Authorizing Advertisement for Bids, Improvement Project Nos. 1994- 05 and 06, Humboldt Avenue, _69th Avenue to 73rd Avenue ,Strpet and Utility Improvements 2. Resolution Certifying Special Assessments for Improvement Project No. 1994 -05, Humboldt Avenue, 69th Avenue to 73rd Avenue Street Improvements, to the Hennepin County Tax Rolls < C F `� 9. Council Consideration Items a. Planning Commission Application No. 95003 submitted by Brookdale Office Park Partnership. Request for a Special Use Permit amendment to allow an expansion of the Cardinal Strich College operation located in the Brooklyn • Crossing Office Building, 3300 County Road 10. The Planning Commission recommended approval of this application at its March 16, 1995, meeting. t CITY COUNCIL AGENDA -4- March 27, 1995 • b. Planning Commission Application No. 95004 submitted by VenStar Co i 1 approval 0 Corporation. Req uest for Site and Building Plan a o a o a 6 090 s ft. rP q g PP � q . building for General Lithc, Services, Inc. to be located west of Parkway Circle, north of the Holiday Inn. The Planning Commission recommended approval of this application at its March 16, 1995, meeting. 0 14 / ( k` z q11-11 ,'l zi ;mss 40g- C. Staff Report Re: Improvement Project No. 1994 -13, 65th Avenue Realignment, Brooklyn Boulevard to Indiana Avenue 1. Resolution Establishing Project, Receiving Engineer's Feasibility Report, Declaring Cost to be Assessed and Calling For a Public Hearing, Improvement Project No. 1994 -13, 65th Avenue Realignment, Brooklyn Boulevard to Indiana Avenue ' 2. Resolution Establishing Project, Receiving Engineer's Feasibility Report, and Authorizing Preparation of Plans and Specifications for Improvement ' Project No. 1994 -13 65th Avenue Realignment, Brooklyn Boulevard to Indiana Avenue �__� --- -Y- yd. Pending Ownership Transfer of Northwest Suburbs Cable Communications System r e. Legislative Update 4 ' 1 ! 1. i.+ d. Items Removed from the Consent Agenda 10. Adjournment t t L EDA AGENDA CITY OF BROOKLYN CENTER MARCH 27, 1995 (following adjournment of City Council meeting) 1. Call to Order c/,( V 2. Roll Call_ 3. Approval of Agenda and Consent Agenda., - %. -The following items are considered to be routine by the Economic Development Authority and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered at the end of Commission • Consideration Items. CITY COUNCIL AGENDA -5- March 27, 1995 a. Approval of Minutes: March 13, 1995 - Regular Session .. -- - Commissioners not present at meetings will be recorded as abstaining from the vote on the minutes. b. Resolution Amending the 1995, Capital Outlay Budget for the Earle Brown Heritage Center' .`' -,'_° ! p /",I a ,q 4. Commission Consideration Items a. Resolution Providing for a Public Hearing Regarding the Sale of Land to Habitat for Humanity by the Economic Development Authority in and for the City of Brooklyn Center and Authorizing the Executive Director to Negotiate a Purchase Agreement for the Sale of Such Land Located at 5305 Bryant Avenue North in Brooklyn Center s ,1-t � k b. Resolution Approving One (1) Brooklyn Center Economic Development Authority Deferred Loan (File No. H -131 [8057]) 5. Adjournment /( r, Council Meeting Date March 27, 1995 City of Brooklyn Center Agenda Item Number 3 Request For Council Consideration • Item Description: City Council Minutes March 13, 1995 - Regular Session Department Approval: �,b 4 �; 0 � y��itiy Sharon Knutson, Deputy City Clerk Manager's Review /Recommendation: " -'" No comments to supplement this report Comments below /attached Recommended City Council Action: • Summary Explanation: (supporting documentation attached Yes ) March 27, 1995 - Regular Barb Kalligher was excused from the meeting and the minutes will reflect her abstention from the vote on these minutes. • MINUTES OF THE PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION FEBRUARY 27, 199 CITY HALL CALL TO ORDER The Brooklyn Center Economic Development Authority (EDA) met in regular session and was called to order by President Myrna Kragness at 8:15 p.m. ROLL CALL President Myrna Kragness, Commissioners Barb Kalligher, Debra Hilstrom, and Kathleen Carmody. Also present were City Manager Gerald Splinter, Director of Public Services Diane Spector, Director of Community Development Brad Hoffman, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Council Secretary Barbara Collman. 0 Commissioner Kristen Mann was excused from tonight's meeting. APPROVAL OF AGENDA kND CONSENT AGENDA President Kragness inquired if any Commissioner requested any items be removed from the consent agenda. No requests were made. There was a motion by Commissioner Kalligher and seconded by Commissioner Carmody to approve the agenda and consent agenda as printed. The motion passed unanimously. APPROVAL OF ?IINUTES JANUARY 23 199 - REGULAR SESSION There was a motion by Commissioner Kalligher and seconded by Commissioner Carmody to approve the minutes of the January 23, EDA meeting as printed. The motion passed. Commissioner Kalligher abstained. 2" - 1 . CORRECTION RESOLUTIONS RESOLUTION NO. 95 -05 Commissioner Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION APPROVING ADDENDUM TO AGREEMENT FOR FOOD SERVICES MANAGEMENT The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Kathleen Carmody, and the motion passed unanimously. COMMISSION CONSIDERATION ITEMS The Director of Community Development discussed a contract for services with BRW, Inc. at a cost of $7,500. Commissioner Kalligher asked whether the funds will be available or will need to be held over and whether immediate action is required. The Director of Community Development stated the project is scheduled by Hennepin County for 1997. The action tonight is to have the development scenario prepared. The area under discussion is north of I- 94/694 and through 70th Avenue North. This is a beginning step to acquiring properties to meet timing C oals. RESOLUTION NO. 95 -06 Commissioner Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION APPROVING A CONTRACT WITH BRW, INC. TO PROVIDE PROFESSIONAL SERVICES FOR THE PREPARATION OF A REQUEST FOR DEVELOPMENT PROPOSAL FOR THE NORTHEAST QUADRANT OF BROOKLYN BOULEVARD AND 69TH AVENUE NORTH The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Debra Hilstrom, and the motion passed unanimously. The City Manager explained the addition of an item to consider a resolution authorizing the purchase of chairs and dollies for the Earle Brown Heritage Center. The items can be purchased at a savings of $2,400 by immediate action. RESOLUTION NO. 95 -07 Commissioner Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF CHAIRS AND DOLLIES FOR THE EARLE BROWN HERITAGE CENTER 2/27/95 - 2- MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUN'T'Y OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MARCH 13, 1995 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order b Ma a Kra y or M y Kragness at y� 7:02 P .m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kristen Mann, Debra Hilstrom, and Kathleen Carmody. Also present were City Manager Gerald Splinter, Director of Public Services Diane Spector, Finance Director Charlie Hansen, Community Development Specialist Tom Bublitz, Communications Coordinator Terri Swanson, City Attorney Charlie LeFevere, and Council Secretary Barbara Collman. Councilmember Barb Kalligher was excused from tonight's meeting. OPENING CEREMONIES A flag ceremony was presented by representatives of the Camp Fire Boys and Girls organization. PROCLAMATION Member Kristen Mann introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING MARCH 13 THROUGH 19, 1995, AS CAMP FIRE BIRTHDAY WEEK The motion for the adoption of the foregoing proclamation was duly seconded by member Kathleen Carmody, and the motion passed unanimously. Mayor Kragness recessed the City Council for a short reception honoring the Camp Fire Girls and Boys organization. The meeting was recessed at 7:04 p.m. The meeting of the Brooklyn Center City Council was reconvened by Mayor Kragness at 7:15 p.m. 3/13/95 _ 1 _ COUNCIL REPORTS Councilmember Carmody noted Keith Tuttle has resigned from the Housing Commission. She suggested an effort be made for the vacant position to be filled by person who is an apartment resident, if possible, in order to ensure equal representation. Mayor Kragness noted there are several openings anticipated on various commissions and citizens should consider an opportunity for service to City government as a duty rather than just a right. PRESENTATION Eileen Oslund, chair of the Brooklyn Center Charter Commission presented Community Service Award plaques to three former Commission members. She noted each of the three had served two full terms on the Commission before retiring from the Commission. She thanked the honorees for their service to the City. RESOLUTION NO. 95 -65 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF ROXANNE BRIDGES FOR HER DEDICATED PUBLIC SERVICE ON THE CHARTER COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom, and the motion passed unanimously. RESOLUTION NO. 95 -66 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF RON CHRISTENSEN FOR HIS DEDICATED PUBLIC SERVICE ON THE CHARTER COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody, and the motion passed unanimously. RESOLUTION NO. 95 -67 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF MYRNA KRAGNESS FOR HER DEDICATED PUBLIC SERVICE ON THE CHARTER COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. 3/13/95 -2- I APPROVAL OF AGENDA AND CONSENT 'AGENDA Mayor Kragness inquired if any Councilmember requested any items be removed from the consent agenda. Councilmember Carmody requested Item 6(b) be removed from the Consent Agenda. The City Manager requested Agenda Items 9(a)(1) and 9(a)(2) be moved to the end of Council Consideration Items as 9(i)(1) and 9(i)(2). There was a motion by Councilmember Mann and seconded by Councilmember Hilstrom to approve the March 13, 1995, agenda and consent agenda as printed with the noted changes. The motion passed unanimously. APPROVAL OF MINUTES FEBRUARY 21 1995 - SPECIAL SESSION There was a motion by Councilmember Mann and seconded by Councilmember Hilstrom to approve the minutes of the February 1 1995 special pecial session as P rioted. The motion p assed unanimously. Councilmember Mann abstained. a ned FEBRUARY 27 1995 - REGULAR SESSION There was a motion by Councilmember Mann and seconded by Councilmember Hilstrom to approve the minutes of the February 27, 1995, regular session as printed. The motion passed unanimously. Councilmember Mann abstained. RESOLUTIONS RESOLUTION NO 95 -68 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE PURCHASE OF ONE (1) TRUCK- MOUNTED, HIGH - VELOCITY SEWER CLEANER The motion for the adoption of the foregoing resolution was duly seconded by member. Debra Hilstrom, and the motion passed unanimously. RESOLUTION NO 95 -69 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION AWARDING CONTRACTS FOR CITY INSURANCE POLICIES AND CONTRACTS FOR THE INSURANCE AGENT AND INSURANCE CONSULTING SERVICES FOR 1995 3/13/95 - 3 - The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom, and the motion passed unanimously. RESOLUTION NO. 95 -70 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR CUSTODIAL SERVICES FOR THE CENTRAL GARAGE AND POLICE DEPARTMENT The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom, and the motion passed unanimously. RESOLUTION NO. 95 -71 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION SUPPORTING PASSAGE OF THE "MINNESOTA EMERGING COMMUNICATIONS SERVICES ACT OF 1995" The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom, and the motion passed unanimously. RESOLUTION NO. 95 -72 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION DECLARING COMPUTER EQUIPMENT AND LIQUOR STORES CASH REGISTER EQUIPMENT TO BE SURPLUS PROPERTY The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom, and the motion passed unanimously. LICENSES There was a motion by Councilmember Mann and seconded by Councilmember Hilstrom to approve the following list of licenses: RENTAL DWELLINGS Renewal: Gary Scherber The Lilacs Gloria J. Egan 5239 -41 Drew Ave. N. SIGN HANGER Brite Image Sign Sales 10025 Raleigh Court Signcrafters 7775 Main St. N.E. TAXICAB 3/13/95 -4- Town Taxi 2500 Washington Ave. #130 The motion passed unanimously. OPEN FORUM Mayor Kragness noted the Council had received one request to use the open forum session this evening. Yolanda Thomas, 6637 Humboldt Avenue North, Apt. No. 1, and Trade Windenberg, 6637 Humboldt Avenue North, Apt. No. 3, addressed the Council. They noted they both live in a four -plex unit owned by the City. Their usual contact person is the Director of Community Development. Ms. Windenberg explained she had returned home last Thursday to find the washer and dryer had been removed from the basement of the apartment building. The residents had not been notified the appliances were to be removed by the City, so she initially thought they had been stolen. She was unable to contact the Director of Community Development, but did find out from the "service" the City had removed the appliances because they were not profitable. She noted the residents of her unit do not have a lease and are on a thirty - day notice. She stated maintenance needs are not addressed quickly. Ms. Thomas commented the unit has several maintenance needs, including carpeting which needs to be replaced and drinking water which needs to be tested. She felt the appliances were not making a profit because two of the four units are not rented out. They noted the City had helped with problems more readily before it took possession of the unit. Councilmember Hilstrom suggested the concerns of the residents be referred to the City Manager for handling with City Staff. The Council agreed. The City Manager stated he would investigate and report to the City Council. He also said he would inform the residents of his findings. He explained the unit is being operated without leases in order to leave options open for City redevelopment. PUBLIC HEARING Mayor Kragness opened the meeting for the purpose of a public hearing on proposed use of Year XXI (1995) Urban Hennepin County Community Development Block Grant Funds (CDBG) at 7:31 p.m. She inquired if there was anyone present who wished to address the Council. 3/13/95 -5- Ed Eide, executive director of Community Emergency Assistance Program (CEAP), presented a request for funding. He stated the organization has helped residents in the Brooklyn Center community since 1970. He noted government agencies must be involved in providing services because charities alone cannot meet the demand. Sharon Johnson, executive director of Community Action for Suburban Hennepin (CASH), also requested funding. She provided a written listing of services the organization provides to residents. She outlined programs offered, including direct financial aid and a renters' hotline. The organization requested $6,000 in CDBG funds, an amount proportionate to the percentage of use by Brooklyn Center residents. There was a motion by Councilmember Mann and seconded by Councilmember Hilstrom to close the public hearing at 7:39 p.m. The motion passed unanimously. Councilmember Mann stated both of the organizations presented meet needs by way of emergency assistance but the current allocation of funding appears to be the most appropriate way to meet the needs of the largest number of people. She could not support a change in the projected allocation. Mayor Kragness agreed with Councilmember Mann's statement, adding the Council must also be very cautious due to the possibility of budget cuts in the near future. RESOLUTION NO. 95 -73 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION APPROVING PROJECTED USE OF FUNDS FOR 1995 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody, and the motion passed unanimously. PUBLIC HEARING Mayor Kragness opened the meeting for the purpose of a public hearing on an amended housing development program under Minnesota statutes, Chapter 462C, as amended, to finance a multifamily housing development in Brooklyn Center at 7:41 p.m. She inquired if there was anyone present who wished to address the Council. Julie Barry, 7119 Dallas Road, urged the Council to follow through and ensure the funding just approved is expended as proposed. She noted the housing complex in question has had mismanagement. The Council should make provision for overseeing the units it manages. Councilmember Hilstrom asked how long the new management group has been in control of the complex. 3/13/95 - 6 - Armand Brachman, president of the Dominium Group, stated his company does not currently manage the building but looks forward to taking it over for rehabilitation. He noted his company will be working directly with City Staff. Mayor Kragness asked whether Dominium Group has an open door policy for tenants. Mr. Brachman assured her there is such a policy and Dominium Group would even help residents organize a committee to aid in communications. He added concerns will be addressed quickly. Dominiu&s Group policies in this regard are explicitly outlined in the operations manual. He also invited the Council to visit other units it manages. Councilmember Hilstrom asked when the Dominium Group will take over management. Mr. Brachman stated, given the current timetable, the sale should be complete by early June. Eight or nine months will then be required for rehabilitation. Councilmember Mann, referring to section B of the "Amended Program For a Multifamily Housing Development, asked whether the City might be reimbursed for providing a trustee to monitor the rehabilitation. The City Manager said the City will be reimbursed its costs. Councilmember Hilstrom asked whether there is any attempt being made to impede further deterioration of the unit before the sale is complete. The City Manager stated the City has been monitoring this and will follow up. In addition, the purchase has worked with the seller jointly in this respect. There was a motion by Councilmember Carmody and seconded by Councilmember Mann to close the public hearing at 7:45 p.m. The motion passed unanimously. RESOLUTION NO 95 -74 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION ADOPTING AN AMENDED HOUSING PROGRAM FOR THE ISSUANCE OF RENTAL HOUSING REVENUE BONDS The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody, and the motion passed unanimously. COUNCIL CONSIDERATION ITEMS APPOINTMENT OF COUNCILMEMBER TO NORTHWEST SUBURBAN CABLE COMMUNICATIONS COMMISSION Mayor Kragness asked the Council to appoint Councilmember Mann to the Northwest Suburban Cable Communications Commission. 3/13/95 -7- There was a motion by Councilmember Hilstrom and seconded by Councilmember Carmody to approve the appointment of Councilmember Mann to the Northwest Suburban Cable Communications Commission. The motion passed unanimously. STATUS OF IMAGE CAMPAIGN The Communications Coordinator announced a steering committee has been appointed but lacks a councilmember. The task force is also concerned about the lack of a business representative for the steering committee. The committee plans to contact businesses directly, by letter, to solicit applications for the steering committee. She also noted the Assistant City Manager will be the Staff representative on the committee. The first meeting will be at 7 p.m. on March 23, 1995. The Communications Coordinator noted Requests for Proposals (RFPs) concerning public relations firms have been issued. Responses are due March 21, 1995, and will be referred to the task force for interviewing and a recommendation to the steering committee. The Communications Coordinator further stated a decision has been made to kick off the image campaign during Earle Brown Days. The summer period would then be used to educate the public on the campaign, with Community Nights beginning in early October. Mayor Kragness asked for an explanation of the "facilitating consultant" proposed for use during community nights. The Communications Coordinator stated the consultant will function in organizing and keeping the groups on task. The intention is to use the same facilitator who was used by Brooklyn Park during its campaign since that facilitator has received high reviews from those who attended the Brooklyn Park Come - Home -to- the -Park meetings. Mayor Kragness expressed concern regarding appointing one councilmember to the steering committee since the entire Council is already involved in the campaign planning. The Communications Coordinator explained the steering committee should include a councilmember so viewpoints from all sectors can be expressed and because it seems fair for the Council to be represented in expenditure decisions. She commented if the Council does not want to appoint a councilmember, the steering committee would most likely choose to fill the available opening with another business. representative. Councilmember Mann noted she agrees with the use of a facilitating consultant. She asked whether the cost of $4,000 is competitive. The Communications Coordinator stated the cost is for the service of the facilitator at four meetings and, from what she understood, the price was very reasonable and $100 per hour is competitive. She added the facilitator's bid of $4,000 includes eight hours of training time for small group facilitators. The committee will ask for this to be reduced thus the cost may be reduced slightly. Councilmember Hilstrom stated the number of business representatives should be equal to the number of residential representatives. 3/13/95 -8 - The City Council concurred another business representative should be appointed to the steering committee in lieu of a councilmember. STAFF REPORT REGARDING NORTH MISSISSIPPI REGIONAL TRAIL The Director of Public Services explained the North Mississippi Regional Park is a project of Hennepin Parks. The primary improvement in the park is a bicycle /pedestrian trail. The trail is an important segment of the regional trail system. Staff has begun to discuss maintenance issues concerning the trail segment. Residents are concerned about the quality of maintenance which will be provided. Staff suggests the approval of the trail connection be contingent on approval of trail easement and acceptance of the maintenance plan by both the City and the County. She mentioned the maintenance of the trail will be incorporated into the Adopt -A -Park and the Adopt -A -Trail programs. Construction of the trail segment is to be in 1995. Mayor Kragness asked whether both the City and Hennepin Parks will be part of the maintenance plan. The Director of Public Services said residents expect the trail to be maintained equally to other City trails, so the City would be the most appropriate body to provide the service. However, if the City took the responsibility it would be reimbursed by Hennepin Parks. Mayor Kragness noted the Adopt -A -Park program cannot be relied on for total maintenance as it only functions three times per year. The City Manager stated the intention is for the maintenance to be equal to that at Palmer Lake. The level and processes of maintenance proposed by City Staff will be the same as those used on other City parks. RESOLUTION NO 95 -75 Member Kristen Mann introduced she following resolution and moved its adoption: RESOLUTION APPROVING PLANS FOR HENNEPIN PARKS' NORTH MISSISSIPPI REGIONAL TRAIL, AND AUTHORIZING STAFF TO ENTER INTO NEGOTIATIONS FOR A MAINTENANCE AGREEMENT AND TRAIL EASEMENT The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody, and the motion passed unanimously. DISCUSSION OF FINANCIAL COMMISSION RECOMMENDATIONS REGARDING THE POSSIBLE LGA /RAGA CUTS IMPACTING THE 1995 BUDGET AND PROPERTY TAX APPEAL REFORM The City Manager noted Staff is considering contingency plans regarding the budget impact. A call to the legislature to reform tax appeals appears to be more appropriately held for the 1996 legislature. The resolution proposed would begin the process of bringing the issue to the 1996 legislature. 3/13/95 - 9 - Councilmember Hilstrom asked whether there would be a joint meeting of the Council and the Financial Commission on April 12, 1995. The City Manager said such a meeting is not necessary but the Council is welcome to attend the meeting. The Commission will be discussing the matter and providing more information and contingency plans. A response will be formed based on actions of the legislature. The Financial Commission has agreed with the joint meeting be held at an earlier date than usual this year. Ron Christensen, a member of the Financial Commission, addressed the Council. He stated the City needs to continue to look at the process and pursue it. It is important to keep the pressure on. Councilmember Carmody asked whether the action will be in conjunction with other cities, as that would add more punch to the effort. The City Manager said other cities, and especially school districts, will be involved in the effort. The momentum needs to be built up between now and the next legislative session. RESOLUTION NO. 95 -76 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION REGARDING TAX APPEAL REFORM The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody, and the motion passed unanimously. ORDINANCE The City Manager presented An Ordinance Amending Chapter 23 of the City Ordinances Regarding Secondhand Goods Dealers and Pawnbrokers. The City Manager explained this is a licensing ordinance rather than a zoning ordinance. The ordinance would add to the existing ordinance a feature allowing pawnbrokers to use videotape as documentation. Councilmember Hilstrom asked what items are used for identification. The City Manager said it will be a photo I.D. set up by the Police Department. The record will tie an individual to an item being pawned. The process will hopefully impede fencing and crooks. Pawnshop owners agree with the process as it will help protect them from license violations. Councilmember Mann asked whether there is a requirement to post notice of surveillance cameras. The City Attorney said the pawnshop owner would be responsible. There was a motion by Councilmember Carmody and seconded by Councilmember Hilstrom to approve first reading of An Ordinance Amending Chapter 23 of the City Ordinances Regarding Secondhand Goods Dealers and Pawnbrokers. The motion passed unanimously. 3/13/95 - 10- DISCUSSION OF MODIFICATION OF APPOINTMENT PROI'ESS FOR ADVISORY COMMISSIONS The City Manager noted there is a concern with the appointment process because it is difficult at times to have a unanimous council present. Staff recommended the posting, notice, and receipt of applications be left as they are. Staff further recommended the process be the mayor supply the name of an appointee and supporting documentation in the Council packets and a majority vote of Council be accepted. Notification in the Council packets eliminates surprises and provides a period of four days for consideration of the nomination. Mayor Kragness agreed with the suggestion and noted delays in appointments cause difficulties. Councilmember Mann agreed with streamlining the appointment process. There was a discussion of the proposed wording of No. 7 of the written procedure. The City Attorney suggested language stating, "...majority vote of the entire Council,...." Councilmember Carmody stated the new language should be left as written, "...by majority vote,...." There was a motion by Councilmember Carmody and seconded by Councilmember Mann to modify the appointment process for advisory commission members as discussed. The motion passed unanimously. DISCUSSION OF ADVERTISEMENT FOR BIDS Councilmember Carmody requested descriptions of skid -steer loaders and cold planers. The City Manager explained a skid -steer loader is a small vehicle (Bobcat type) with a bucket used on construction sites to scoop dirt. A cold planer is a grinding device which fits on the front arms of the skid -steer loader. RESOLUTION NO 95 -77 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE PURCHASE OF ONE (1) SKID -STEER LOADER, ASPHALT COLD PLANER, AND TRAILER The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. MAYORAL APPOINTMENTS Mayor Kragness recommended Jay Hruska for appointment to the Financial Commission. 3/13/95 Councilmember Carmody noted the commission would be comprised entirely of male members if Mr. Hruska were appointed. In addition, such an appointment would mean there would be four members from the Southwest neighborhood and the same school district. She asked for Wanda Rawson to be appointed instead. Mayor Kragness said she had discussed the matter with the Chair of the Financial Commission and it was agreed it was important, due to possible upcoming budget cuts to P g g , appoint an individual with a financial background. Councilmember Carmody noted the Financial Commission is a citizen advisory commission. She repeated the current members are of the same demographic group and all male. Mayor Kragness stated she understood the concern but felt it is necessary to use professional people to deal with the expected problem. She commented the make -up of the commission changes often and the City may be in a better position in two years to appoint people without as much financial background. Councilmember Carmody noted she is not personally opposed to Mr. Hruska, but is just concerned about the make -up of the members of the commission. Councilmember Mann stated she would also prefer to see a woman appointed to the commission but believes the reasoning presented by the Mayor is more sound at this time. There was a motion by Councilmember Mann and seconded by Councilmember Hilstrom to approve the appointment of Jay Hruska to the Financial Commission. Roll call vote: Mayor Kragness, aye; Councilmember Hilstrom, aye; Councilmember Mann, aye; Councilmember Carmody, na y. The motion carried. na Mayor Kragness requested Phillip Roche be appointed to the Financial Commission. There was a motion by Councilmember Mann and seconded by Councilmember Hilstrom to approve the appointment of Phillip Roche to the Financial Commission. Mayor Kragness appointed Dean Nyquist to the Human Rights and Resources Commission. Councilmember Mann commented she had previously been concerned about a conflict of interest in the appointment of Mr. Nyquist; however, in response to the Staff report, is now satisfied with the appointment. There was a motion by Councilmember Mann and seconded by Councilmember Carmody to approve the appointment of Dean Nyquist to the Human Rights and Resources Commission. Roll call vote: Mayor Kragness, aye; Councilmember Hilstrom, nay; Councilmember Mann, aye; Councilmember Carmody, aye. The motion carried. 3/13/95 _ 0 12- I ADJOURNMENT There was a motion by Councilmember Carmody and seconded by Councilmember Mann to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 8:41 p.m. Deputy City Clerk Mayor Recorded and transcribed by: Barbara Collman TimeSaver Off Site Secretarial 3/13/95 -13 - Council Meeting Date 3/27/95 3 Cfty of Brooklyn Center Agenda Item Number Request For Council Consideration • I Description: Item Desc ption: Proclamation Declaring April 22, 1995, to be a Day of Spiritual Rededication in Brooklyn Center Department Approval: Gerald G. Splinter, Wmanager Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Summary Explanation: (supporting documentation attached Yes ) • • �b PROCLAMATION DECLARING APRIL 22, 1995, TO BE A DAY OF SPIRITUAL REDEDICATION IN BROOKLYN CENTER WHEREAS, in 1952, an event was inauguarated by the Christian Leadership groups in the United States Senate and the House of Representatives; and WHEREAS, The annual National Prayer Breakfast has become a time for the rededication of the individual and the nation to God; and WHEREAS, Many states and local communities have sponsored similar events at the state and local level; and WHEREAS, A volunteer committee of concerned citizens has joined together as the Brooklyn Center Prayer Breakfast Committee, Inc., to sponsor an annual Brooklyn Center Community Prayer Breakfast for a similar rededication of local community leaders, business representatives, our city and its citizens to high Judeo- Christian ideals; and WHEREAS, The committeee is planning the seventeenth annual Brooklyn Center Prayer Breakfast on the 22nd of April, 1995, at the Earle Brown Heritage Center; and WHEREAS, The committee acknowledges the importance of our future leaders, the youth of our community, and are placing a particular emphasis upon our youth; and WHEREAS, Bob Stromberg, nationally recognized personality and youth speaker, will address the breakfast. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, do hereby proclaim that April 22, 1995, be designated as a Day of Spiritual Rededication in Brooklyn Center; that it calls upon all citizens to reflect upon our heritage and join in quiet reverence and dedication; and that it calls upon the citizens of Brooklyn Center, both youth and adult, to join hundreds of their neighbors and fellow citizens at the Annual Prayer Breakfast on Saturday, April 22, 1995, at the historic Earle Brown Heritage Center. Date Mayor Attest: Deputy Clerk Is Council Meeting Date 3/27/95 City of Brooklyn Center A Item Number 4�1 C. Description: Item Descri P Request For Council Consideration • Resolutions Amending the Enabling Resolutions of the Brooklyn Center Advisory Commissions Department Approval: JWXY1 Sharon Knutson, Deputy City Cler Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Approve resolutions amending the enabling resolutions of the Brooklyn Center advisory commissions. Summary Explanation: (supporting documentation attached No ) • At its March 13 1995, meeting, the Brooklyn Center City Council approved amending the enabling resolutions of the Brooklyn Center advisory commissions regarding filling vacancies. The attached resolutions amend each of the advisory commission enabling resolutions with the language which was approved by the City Council. Also changes have been made to the resolutions to ensure the language is gender neutral (i.e., his or her, he or she). • l � Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE ENABLING RESOLUTIONS OF THE BROOKLYN CENTER FINANCIAL COMMISSION WHEREAS, Resolution Nos. 91 -115, 92 -99, and 92 -168 define the duties and responsibilities of the Brooklyn Center Financial Commission; and WHEREAS, the Brooklyn Center City Council wishes to amend certain sections of these resolutions regarding filling vacancies on the Financial Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Resolution Nos. 91 -115, 92 -99, and 92 -168 are hereby amended as follows: Change Subdivision 6, Resignations— Removal from Office — Vacancies to read: Commissioners may resign voluntarily or may be removed from office by the Mayor with consent by majority vote of the City Council. Three consecutive unexcused absences from the duly called Commission meetings or unexcused absences from a majority of duly called Commission meetings within one calendar year shall constitute automatic resignation from office. The City staff liaison shall inform the Mayor and City Council of such automatic resignations. Vacancies in the Commission shall be filled by Mayoral appointment with majority consent of the City Council. The procedure for filling Commission vacancies is as follows: 1. Notices of vacancies shall be posted for 30 days before any official City Council action is taken; 2. Vacancies shall be announced in the City's official newspaper; 3. Notices of vacancies shall be sent to all members of standing advisory commissions; 4. Applications for Planning Commission membership must be obtained in the City Clerk's office and must be submitted in writing to the City Clerk; 5. The City Clerk shall forward copies of the applications to the Mayor and City Council; RESOLUTION NO. 6. The Mayor shall identify and include the nominee's application form in the City Council agenda materials for the City Council meeting at which the nominee is presented; 7. The City Council, by majority vote, may approve an appointment at the City Council meeting at which the nominee is presented. Date Mayor ATTEST: Deputy 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. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE ENABLING RESOLUTIONS OF THE BROOKLYN CENTER HOUSING COMMISSION WHEREAS, Resolution Nos. 73 -140, 75 -97, 77 -22, 87 -131, and 92 -136 define the duties and responsibilities of the Brooklyn Center Housing Commission; and WHEREAS, the Brooklyn Center City Council wishes to amend certain sections of these resolutions regarding filling vacancies on the Housing Commission and by updating these resolutions with gender neutral language. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Resolutions 73 -140, 75 -97, 77 -22, 87 -131, and 92 -136 are hereby amended as follows: I. Change Subdivision 6, Members' Term of Office to read: Members of the Commission shall be appointed by the Mayor with majority consent of the Council. The terms of office shall be staggered three -year terms, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his or her predecessor was appointed shall be appointed only for the remainder of such term. Upon expiration of his or her term of office, a member shall continue to serve until his or her successor is appointed and shall have qualified. Terms of office for members of the Commission shall expire on December 31 of respective calendar years. II. Change Subdivision 6, Conflict of Interest to read: No Commissioner shall take part in the consideration of any matter wherein he or she is the applicant, petitioner, or appellant, nor in the consideration of any application, petition, or appeal wherein his or her interest might reasonably be expected to affect his or her impartiality. III. Change Subdivision 6, Resignations— Removal from Office— Vacancies to read: Commissioners may resign voluntarily or may be removed from office by the Mayor with consent by majority vote of the City Council. Three consecutive unexcused absences from the duly called Commission meetings or unexcused absences from a majority of duly called Commission meetings within one calendar year shall constitute automatic resignation from office. The City staff liaison shall inform the Mayor and City Council of such automatic resignations. Vacancies in the Commission shall be filled by Mayoral appointment with majority consent of the City Council. The procedure for filling Commission vacancies is as follows: RESOLUTION NO. 1. Notices of vacancies shall be posted for 30 days before any official City Council action is taken; 2. Vacancies shall be announced in the City's official newspaper; 3. Notices of vacancies shall be sent to all members of standing advisory commissions; 4. Applications for Planning Commission membership must be obtained in the City Clerk's office and must be submitted in writing to the City Clerk; 5. The City Clerk shall forward copies of the applications to the Mayor and City Council; 6. The Mayor shall identify and include the nominee's application form in the City Council agenda materials for the City Council meeting at which the nominee is presented; 7. The City Council, by majority vote, may approve an appointment at the City Council meeting at which the nominee is presented. IV. Change Subdivision 10, EX OFFICIO MEMBERS to read: The Mayor or his or her Councilperson- appointee shall serve as an ex officio member of the Commission, privileged to speak on any matter but without a vote, and shall provide a liaison between the Commission and the City Council. Date Mayor ATTEST: Deputy 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. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE ENABLING RESOLUTIONS OF THE BROOKLYN CENTER HUMAN RIGHTS AND RESOURCES COMMISSION WHEREAS, Resolution Nos. 68 -44, 69 -35, 71 -211, 74 -68, 87 -132, 92 -135, and 93 -76 define the duties and responsibilities of the Brooklyn Center Human Rights and Resources Commission; and WHEREAS, the Brooklyn Center City Council wishes to amend certain sections of these resolutions regarding filling vacancies on the Human Rights and Resources Commission and by updating these resolutions with gender neutral language. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Resolution Nos. 68 -44, 69 -35, 71 -211, 74 -68, 87 -132, 92 -135, and 93 -76 are hereby amended as follows: I. Change Subdivision 6, Members' Term of Office to read: Members of the Commission shall be appointed by the Mayor with majority consent of the Council. The terms of office shall be staggered three -year terms, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his or her predecessor was appointed shall be appointed only for the remainder of such term. Upon expiration of his or her term of office, a member shall continue to serve until his or her successor is appointed and shall have qualified. Terms of office for members of the Commission shall expire on December 31 of respective calendar years. II. Change Subdivision 6, Conflict of Interest to read: No Commissioner shall take part in the consideration of any matter wherein he or she is the applicant, petitioner, or appellant, nor in the consideration of any application, petition, or appeal wherein his or her interest might reasonably be expected to affect his or her impartiality. III. Change Subdivision 6, Resignations— Removal from Office— Vacancies Commissioners may resign voluntarily or may be removed from office by the Mayor with consent by majority vote of the City Council. Three consecutive unexcused absences from the duly called Commission meetings or unexcused absences from a majority of duly called Commission meetings within one calendar year shall constitute automatic resignation from office. The City staff liaison shall inform the Mayor and City Council of such automatic resignations. Vacancies in the Commission shall be filled by Mayoral appointment with majority consent of the City Council. The procedure for filling Commission vacancies is as follows: RESOLUTION NO. 1. Notices of vacancies shall be posted for 30 days before any official City Council action is taken; 2. Vacancies shall be announced in the City's official newspaper; Y PP 3. Notices of vacancies shall be sent to all members of standing advisory commissions; 4. Applications for Planning Commission membership must be obtained in the City Clerk's office and must be submitted in writing to the City Clerk; 5. The City Clerk shall forward copies of the applications to the Mayor and City Council; 6. The Mayor shall identify and include the nominee's application form in the City Council agenda materials for the City Council meeting at which the nominee is presented; 7. The City Council, by majority vote, may approve an appointment at the City Council meeting at which the nominee is presented. IV. Change Subdivision 10, EX OFFICIO MEMBERS to read: The Mayor or his or her Councilperson- appointee shall serve as an ex officio member of the Commission, privileged to speak on any matter but without a vote, and shall provide a liaison between the Commission and the City Council. Date Mayor ATTEST: Deputy Clerk 4 O m member The m for the adoption of the foregoing resolution was duly seconded b b P � b Y Y and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE ENABLING RESOLUTIONS OF THE BROOKLYN CENTER PARK AND RECREATION COMMISSION WHEREAS, Resolution Nos. 73 -25, 77 -52, 87 -133, and 92 -137 define the duties and responsibilities of the Brooklyn Center Park and Recreation Commission; and WHEREAS, the Brooklyn Center City Council wishes to amend certain sections of these resolutions regarding filling vacancies on the Park and Recreation Commission and by updating these resolutions with gender neutral language. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Resolution Nos. 73 -25, 77 -52, 87 -133, and 92 -137 are hereby amended as follows: I. Change Subdivision 6, Members' Term of Office to read: Members of the Commission shall be appointed by the Mayor with majority consent of the Council. The terms of office shall be staggered three -year terms, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his or her predecessor was appointed shall be appointed only for the remainder of such term. Upon expiration of his or her term of office, a member shall continue to serve until his or her successor is appointed and shall have qualified. Terms of office for members of the Commission shall expire on December 31 of respective calendar years. II. Change Subdivision 6, Conflict of Interest to read: No Commissioner shall take part in the consideration of any matter wherein he or she is the applicant, petitioner, or appellant, nor in the consideration of any application, petition, or appeal wherein his or her interest might reasonably be expected to affect his or her impartiality. III. Change Subdivision 6, Resignations— Removal from Office— Vacancies to read: Commissioners may resign voluntarily or may be removed from office by the Mayor with consent by majority vote of the City Council. Three consecutive unexcused absences from the duly called Commission meetings or unexcused absences from a majority of duly called Commission meetings within one calendar year shall constitute automatic resignation from office. The City staff liaison shall inform the Mayor and City Council of such automatic resignations. Vacancies in the Commission shall be filled by Mayoral appointment with majority consent of the City Council. The procedure for filling Commission vacancies is as follows: RESOLUTION NO. 1. Notices of vacancies shall be posted for 30 days before any official City Council action is taken; 2. Vacancies shall be announced in the City's official newspaper; 3. Notices of vacancies shall be sent to all members of standing advisory commissions; 4. Applications for Planning Commission membership must be obtained in the City Clerk's office and must be submitted in writing to the City Clerk; 5. The City Clerk shall forward copies of the applications to the Mayor and City Council; 6. The Mayor shall identify and include the nominee's application form in the City Council agenda materials for the City Council meeting at which the nominee is presented; 7. The City Council, by majority vote, may approve an appointment at the City Council meeting at which the nominee is presented. IV. Change Subdivision 10, EX OFFICIO MEMBERS to read: The Mayor or his or her Councilperson- appointee shall serve as an ex officio member of the Commission, privileged to speak on any matter but without a vote, and shall provide a liaison between the Commission and the City Council. Date Mayor ATTEST: Deputy 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. Member introduced the following resolution and moved its adoption: E TI • R SOLD ON NO. RESOLUTION AMENDING THE ENABLING RESOLUTIONS OF THE BROOKLYN CENTER PLANNING COMMISSION WHEREAS, Resolution Nos. 87 -87, 87 -134, and 92 -134 define the duties and responsibilities of the Planning Commission; and WHEREAS, the Brooklyn Center City Council wishes to amend certain sections of these resolutions regarding filling vacancies on the Planning Commission and by updating these resolutions with gender neutral language. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Resolution Nos. 87 -87, 87 -134, and 92 -134 are hereby amended as follows: I. Change Subdivision 6, Members' Term of Office to read: Members of the Commission shall be appointed by the Mayor with majority consent of the Council. The terms of office shall be staggered two -year terms, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his or her • predecessor was appointed shall be appointed only for the remainder of such term. Upon expiration of his or her term of office, a member shall continue to serve until his or her successor is appointed and shall have qualified. Terms of office for members of the Commission shall expire on December 31 of respective calendar years. IL Change Subdivision 6, Conflict of Interest to read: No Commissioner shall take part in the consideration of any matter wherein he or she is the applicant, petitioner, or appellant, nor in the consideration of any application, petition, or appeal wherein his or her interest might reasonably be expected to affect his or her impartiality. III. Change Subdivision 6, Resignations— Removal from Office — Vacancies to read: Commissioners may resign voluntarily or may be removed from office by the Mayor with consent by majority vote of the City Council. Three consecutive unexcused absences from the duly called Commission meetings or unexcused absences from a majority of duly called Commission meetings within one calendar year shall constitute automatic resignation from office. The City staff liaison shall inform the Mayor and City Council of such automatic resignations. Vacancies in the Commission shall be filled by Mayoral appointment with majority consent of the City Council. The procedure for filling Commission vacancies is as follows: RESOLUTION NO. 1. Notices of vacancies shall be posted for 30 days before any official City Council action is taken; 2. Vacancies shall be announced in the City's official newspaper; 3. Notices of vacancies shall be sent to all members of standing advisory commissions; 4. Applications for Planning Commission membership must be obtained in the City Clerk's office and must be submitted in writing to the City Clerk; 5. The City lerk shall forward copies of the applications to the Mayor and Y p PP Y City Council; 6. The Mayor shall identify and include the nominee's application form in the City Council agenda materials for the City Council meeting at which the nominee is presented; 7. The City Council, by majority vote, may approve an appointment at the City Council meeting at which the nominee is presented. s Date Mayor ATTEST: Deputy 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. Council Meeting Date March 27, 1995 31 City of Brooklyn Center Agenda Item Number Request For Council Consideration • Item Description: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND NORTH HENNEPIN MEDIATION PROJECT FOR MEDIATION SERVICES Department Approv N c Gohman, lAssistant City Manas Manager's Review /Recommendation: 11 7 No comments to supplement this report Comments below /attached Recommended City Council Action: Pass a Resolution Authorizing the Mayor and City Manager to Enter into an Agreement Between the City of Brooklyn Center and North Hennepin Mediation Project for Mediation Services. • Summary Explanation: (supporting documentation attached Yes ) The City's 1995 budget has $5,000 allocated for North Hennepin Mediation Project (NHMP) services (Unit 152 - Social Services). Attached is an agreement and resolution authorizing the City to enter into an agreement with NHMP. The agreement is virtually identical to the terms of the 1994 agreement. NHMP submitted an application for contractual services which was reviewed by the Brooklyn Center human rights and resources commission during the City's 1995 budget review process. This information is available if requested. • 6H Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND NORTH HENNEPIN MEDIATION PROJECT FOR MEDIATION SERVICES WHEREAS, the City of Brooklyn Center has allocated $5,000 in the 1995 budget, 1822 -4400 for mediation services; and WHEREAS, the City of Brooklyn Center and North Hennepin Mediation Project are desirous of renewing an agreement for the provision of services from the Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center: 1. The Council has reviewed the Agreement between the City of Brooklyn Center and North Hennepin Mediation Project and finds that the execution of the agreement is in the best interest of the City of Brooklyn Center. 2. The Mayor and City Manager are authorized and directed to execute the agreement on behalf of the City. 3. The City Manager is directed to transmit an executed copy of the agreement to North Hennepin Mediation Project. Date Mayor ATTEST: Deputy 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. AGREEMENT BETWEEN CITY OF BROOKLYN CENTER and NORTH HENNEPIN MEDIATION PROJECT This Agreement is made the day of ) 1995, between the City of Brooklyn Center, hereinafter referred to as the City, and the North Hennepin Mediation Project, hereinafter referred to as NHMP. In consideration of the covenants set forth herein, the City and NHMP agree as follows: SERVICES PROVIDED NHMP, within its financial resources, agrees to provide its full range of professional and volunteer services to the residents of the City including, without limitation, the following: a. Mediation services for citizens - City disputes resulting from conflicts in enforcement of City ordinances, rules, and regulations. b. Mediation services for resolving nonordinance- related neighborhood disputes. c. Mediation services for resolving noncriminal juvenile disputes, provided that the records and identity of the juvenile shall be provided to NHMP pursuant to Minnesota Statute 260.161. d. Such other services of a similar nature as may be assigned from time to time by the City Manager of the City and as agreed to by the NHMP Board of Directors. LIMITATIONS AND REPORT NHMP shall not compete with the City or other Social Agencies by providing services which overlap with services provided by the City or other Social Agencies unless such services can be provided more efficiently and effectively by NHMP. NHMP shall submit an annual report to the City outlining the services provided to the City during the preceding year. LIABILITIES The City shall not exercise control of the process, means, or procedures used in providing services hereunder, shall Provide no directive to, and shall not interfere with NHMP or its employees or volunteers in the performance of the services required by this contract. NHMP volunteers and employees shall not be considered employees of the City and shall be under the direct control of NHMP. NHMP agrees to indemnify the City and hold the City harmless from any liability, claim, demand or action of any kind, including legal expenses, arising out of NHMP activities, and NHMP shall carry a policy of comprehensive general liability insurance, including contractual liability insurance, in an amount approved by the City to cover this agreement. NHMP shall provide certificates of insurance to the City with the signing of this agreement. It is understood that this insurance requirement does not constitute all of the insurance that may be necessary. DURATION The services provided by NHMP hereunder shall commence on the first day of January 1995 and continue until December 31, 1995. It is understood between the parties that NHMP intends to continue to provide similar services after expiration of this contract, as a volunteer organization. Nothing in this contract shall be construed to mean that the City shall renew this contract in the event that NHMP continues to provide such services to the residents of the City of Brooklyn Center after expiration of this contract. PAYMENT The City agrees to pay the sum of Five Thousand Dollars ($5,000) for the services provided hereunder, for the term of the contract. The sum of $5,000 shall be the total obligation of the City under this contract and shall be payable to NHMP as follows: $2,500 on April 15, 1995, and $2,500 on July 15, 1995, in order to provide the services required hereunder. In the event that NHMP fails to provide the services hereunder, discontinues its operation, or otherwise breaches the contract in any material way, NHMP shall refund to the City the amount determined by dividing the number of days remaining under this contract by 365 days and expressing the quotient in percentum and then multiplying the said percentum times the total contract price. In the event the quality of services required by this contract is not acceptable to the City, this agreement may be terminated. MISCELLANEOUS In an effort to improve the quality of mediation services provided by this agreement, the City and NHMP agree to exchange information and ideas, maintain open communication, and respond to all disputes, misunderstandings, and recommendations. The parties agree that this contract is not assignable and that the contract shall become effective upon approval by the NHMP Board of Directors and the execution thereof by the President and Corporate Secretary, and upon the approval by the City Council of the City of Brooklyn Center and execution thereof by the Mayor and City Manager. The City shall be a corporate member of the NHMP. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. CITY OF BROOKLYN CENTER Mayor Pro tem City Manager NORTH HENNEPIN MEDIATION PROJECT President Corporate Secretary Council Mewing Date March 27, 1995 City of Brooklyn Center Agenda Item Numbe Request For Council Consideration • Item Description: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND BROOKLYN PEACEMAKER CENTER, INC. FOR JUVENILE DIVERSION SERVICES Department Approval: Nan4 Gohm , Assistant City M Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Pass a Resolution Authorizing the Mayor and City Manager to enter into an Agreement between the City of Brooklyn Center and Brooklyn Peacemaker Center, Inc. for Juvenile Diversion Service • Summary Explanation: (supporting documentation attached Yes ) The City's 1995 budget has $10,000 allocated for Brooklyn Peacemaker Center Services (Unit 152 - Social Services). Attached is an agreement and resolution authorizing the City to enter into an agreement with BPC. The agreement is virtually identical to the terms of the 1994 agreement. Brooklyn Peacemaker Center submitted an application for contractual services which was reviewed by the Brooklyn Center human rights and resources commission during the City's 1995 budget review process. This information is available if requested. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND BROOKLYN PEACEMAKER CENTER, INC. FOR JUVENILE DIVERSION SERVICES WHEREAS, the City of Brooklyn Center has allocated $10,000 in the 1995 budget, 1824 -4400 for Brooklyn Peacemaker Center services; and WHEREAS, the City of Brooklyn Center and Brooklyn Peacemaker Center, Inc., (BPC) are desirous of renewing an agreement for the provision of services from BPC. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center: 1. The Council has reviewed the Agreement between the City of Brooklyn Center and Brooklyn Peacemaker Center, Inc., and finds that the execution of the agreement is in the best interest of the City of Brooklyn Center. 2. The Mayor and City Manager are authorized and directed to execute the Y ty g agreement on behalf of the City. 3. The City Manager is directed to transmit an executed copy of the agreement to Brooklyn Peacemaker Center, Inc. Date Mayor ATTEST: Deputy 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: is whereupon said resolution was declared duly passed and adopted. AGREEMENT BETWEEN CITY OF BROOKLYN CENTER and BROOKLYN PEACEMAKER CENTER, INC. This Agreement is made the day of , 1995, between the City of Brooklyn Center, hereinafter referred to as the City, and the Brooklyn Peacemaker Center, Inc., hereinafter referred to as BPC; In consideration of the covenants set forth herein, the City and BPC agree as follows: SERVICES PROVIDED BPC, within its financial resources, agrees to provide its full range of professional and volunteer services to the residents of the City including, without limitation, the following: a. Juvenile diversion services for juveniles passing though the juvenile justice system, provided that the records and identity of the juveniles shall be provided to BPC pursuant to Minnesota Statute 260.161. b. Services to establish and maintain peer groups to deal with specific populations, such as troubled youth, who are experiencing conflict and turmoil in their lives. C. Services for referring individuals and families who are experiencing turmoil and conflict in their lives to the appropriate professional counselors. d. Such other services of a similar nature as may be assigned from time to time by the City Manager of the City and as agreed to by the BPC Board of Directors. LIMITATIONS AND REPORT BPC shall not compete with the City or other Social Agencies by providing services which overlap with services provided by the City or other Social Agencies unless such services can be provided more efficiently and effectively by BPC. BPC shall submit an annual report to the City outlining the services provided to the City during the preceding year. LIABILITIES The City shall not exercise control of the process, means, or procedures used in providing services hereunder, shall provide no directive to, and shall not interfere with BPC or its employees or volunteers in the performance of the services required by this contract. BPC volunteers and employees shall not be considered employees of the City and shall be under the direct control of BPC. BPC agrees to indemnify the City and hold the City harmless from any tort liability, claim, demand or action including legal expenses, arising out of BPC activities; and BPC shall carry a policy of comprehensive general liability insurance, including contractual liability insurance, in an amount approved by the City to cover this agreement. BPC shall provide certificates of insurance to the City with the signing of this agreement. It is understood that this insurance requirement does not constitute all of the insurance that may be necessary. DURATION The services rovided b BPC hereunder shall commence on the first day of P y y January 1995, and continue until December 31, 1995. It is understood between the parties that BPC intends to continue to provide similar services after expiration of this contract, as a volunteer organization. Nothing in this contract shall be construed to mean that the City shall renew this contract in the event that BPC continues to provide such services to the residents of the City Y of Brooklyn Center after expiration of this contract. e P PAYMENT The City agrees to pay the sum of Ten Thousand Dollars ($10,000) for the services provided hereunder, for the term of the contract. The sum of $10,000 shall be the total obligation of the City under this contract and shall be payable to BPC as follows: $5,000 on April 15, 1995, and $5,000 on July 15, 1995, in order to provide the services required hereunder. In the event that BPC fails to provide the services hereunder, discontinues its operation, or otherwise breaches the contract in any material way, BPC shall refund to the City the amount determined by dividing the number of days remaining under this contract by 365 days and expressing the quotient in percentum and then multiplying the said percentum times the total contract price. In the event the quality of services required by this contract is not acceptable to the City, this agreement may be terminated. MISCELLANEOUS In an effort to improve the quality of services provided by this agreement, the City and BPC agree to exchange information and ideas, maintain open communication, and respond to all disputes, misunderstandings, and recommendations. The parties agree that this contract is not assignable and that the contract shall become effective upon approval by the BPC Board of Directors and the execution thereof by the President and Corporate Secretary, and upon the approval of the City Council of the City of Brooklyn Center and execution thereof by the Mayor and City Manager. The City shall be a corporate member of the BPC. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. CITY OF BROOKLYN CENTER Mayor City Manager BROOKLYN PEACEMAKER CENTER, INC. President i Corporate Secretary Council Meeting Date March 27, 1995 City of Brooklyn Center ngenaa t� xumhe� 6' 3 -� Request For Council Consideration • Item Description: Resolution Authorizing the Purchase of One (1) Dump Box for Truck #92 Department Approval: -a­'� Karl life, eputy City Clerk Manager's Review/Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Approval of Resolution authorizing the Purchase of One (1) Dump Box for Truck #92. • Summary Explanation: (supporting documentation attached An appropriation in the amount of $78,500 was approved in the Central Garage budget for the purchase of one F800 Dump Truck and accessories. The City of Brooklyn Center received two written quotes for one dump box: Twin City Truck Equipment, $13,742.76 and Crysteel Truck Equipment, $12,205.96. I recommend acceptance of the quote from Crysteel Truck Equipment in the amount of $12,205.96, including tax. • �J Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) DUMP BOX FOR TRUCK #92 WHEREAS, an appropriation of $78,500 was approved in the Central Garage budget for the purchase of one F800 Dump Truck and accessories; and WHEREAS, two written quotes were received as follows: Company Ouote Crysteel Truck Equipment $12 Twin City Truck Equipment $13,742.76 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the purchase of one (1) dump box for truck #92 from Crysteel Truck Equipment in the amount of $12,205.96 is hereby approved. Date Mayor ATTEST: Deputy 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. Council Meeting Date 03/27/95 / X Y 3 City of Brooklyn Center Agenda Item Number 9 Request For Council Consideration • Item Description: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT NOS. 1994 -15, ADA TRAILS, CURB CUTS, AND PEDESTRIAN RAMPS, AND 1994 -23, MISCELLANEOUS SIDEWALK REPAIRS, CONTRACT 1994 -M Department Approval: 1 r� Dia pector, Director o Public Services f " .f~� Manager's Review /Recommendation: t' No comments to supplement this report Comments below /attached Recommended City Council Action: A resolution which accepts the low bid and awards a contract to Lindahl & Carlson, Inc. of St. Paul, • MN is attached for consideration. summary Explanation: (supporting documentation attached ) On September 12, 1994, the City Council by Resolution No. 94 -181, rejected bids for this improvement. On February 13, 1995, the City Council by Resolution No. 95 -42 authorized rebidding this improvement. On March 16, 1995 bids were opened and the results were as follows: Bidder Bid Amount Lindahl & Carlson, Inc. $45,830.80 Thomas & Sons, Inc. $59,396.30 Frattalone Exc. & Grading $61,321.50 Valley Paving, Inc. $63,815.69 Hardrives, Inc. $74,849.75 Barber Construction Co. $79,536.00 The Engineer's Estimate for these improvements as reported to the Council at the February 13, 1995 meeting was $72,400.00. Of the six bids received, the lowest bid of $45,830.80 was submitted by Lindahl & Carlson, Inc. of St. ® Paul, MN. Lindahl & Carlson, Inc. has extensive experience in performing removal and replacement of concrete for a number of metro area cities, and is regarded by staff as having ample resources available to perform the work required of this contract. Accordingly, staff recommends acceptance of the low bid and award of the contract to Lindahl & Carlson, Inc. of St. Paul, MN. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT NOS. 1994 -15, ADA TRAILS, CURB CUTS, AND PEDESTRIAN RAMPS, AND 1994 -23, MISCELLANEOUS SIDEWALK REPAIRS, CONTRACT 1994 -M WHEREAS, pursuant to an advertisement for bids for Improvement Project Nos. 1994 -15 and 1994 -23, bids were received, opened, and tabulated by the City Clerk and Engineer, on the 16th day of March, 1995. Said bids were as follows: Bidder Bid Amount Lindahl & Carlson, Inc. $45,830.80 Thomas & Sons, Inc. $59,396.30 Frattalone Exc. & Grading $61,321.50 Valley Paving, Inc. $63,815.69 Hardrives, Inc. $74,849.75 Barber Construction Co. $79,536.00 • WHEREAS, it appears that Lindahl & Carlson, Inc. of St. Paul, Minnesota, is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with Lindahl & Carlson, Inc. of St. Paul, Minnesota in the name of the City of Brooklyn Center, for Improvement Project Nos. 1994 - 15 and 1994 -23 according to the plans and specifications therefor approved by the City Council and on file in the office of the Deputy City Clerk. 2. The Deputy City Clerk is hereby authorized an directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. 3. Estimated costs for Improvement Project No. 1994 -15, ADA Trails, Curb Cuts and Pedestrian Ramps are hereby updated in accordance with the following schedule: RESOLUTION NO. Per Report As Amended to Council Per Low Bid Contract $51,050 $32,812.40 Contingency (15 %) 7,650 4,921.86 Subtotal Construction $58,700 $37,734.26 Admin., Legal, Eng. (13 %) $ 7,600 $ 4,905.45 Total Est. Cost Improvement Project 1994 -15 $66,300 $42,639.71 4. Estimated costs for Improvement Project No. 1994 -23, Replacement of Defective Sidewalks in Miscellaneous Locations are hereby updated in accordance with the following schedule. Per Report As Amended to Council Per Low Bid • Contract $11,900 $13,018.40 Contingency (15%) 1,80 1,952.76 Subtotal Construction $13,700 $14,971.16 Admin. , Legal, Eng. (13%) $ 1,800 $ 1,946.25 Total Est. Cost Improvement Project 1994 -23 $15,500 $16,917.41 5. All costs for Improvement Project No. 1994 -15 shall be financed by the Capital Projects Fund. 6. All costs for Improvement Project No. 1994 -23 shall be financed by the Local State Aid Fund, Account No. 2911. Date Mayor ATTEST: Deputy Clerk RESOLUTION NO. The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • i Council Meeting Date 03/27/94 3 City of Brooklyn Center Agenda Item Number Request For Council Consideration • Item Description: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT NO. 1994 -33, CONTRACT 1994 -P, MISCELLANEOUS REMOVALS, EXCAVATION, AND CONCRETE CURB Department Approval: Diarp,Soector, Director c blic Serv' Manager's Review /Recommendation: \ No comments to supplement this report Comments below /attached Recommended City Council Action: A resolution which accepts the low bid and awards a contract to Bituminous Consulting & Contracting • of Blaine, MN is attached for consideration. Summary Explanation: (supporting documentation attached No ) On October 5, 1994 bids were received for Improvement Project No. 1994 -33. On October 11, 1994 the City Council, by Resolution No. 94 -224, rejected all bids. On February 13, 1995 the City Council, by Resolution No. 95 -43, authorized advertisement for rebid with the results as follows: Bidder Bid Amount Bituminous Consulting & Contracting $39,713.40 Barber Construction $45,147.70 Master Asphalt $53,776.00 Driveway Design $62,843.00 Hardrives, Inc. $67,804.00 The Engineer's Estimate for these improvements as reported to the Council at the February 13, 1995 meeting was $32,075. The bids submitted exceed the Engineer's Estimate by 23 %. The estimate was prepared with the benefit of similar project items from 1994, therefore we attribute the apparent increase in costs due to higher labor and material costs. Of the five bids received, the lowest bid of $39,713.40 was submitted by Bituminous Consulting & • Contracting of Blaine, MN. Bituminous Consulting & Contracting has extensive experience in performing this type of work for a number of metro area cities and counties, and is regarded by staff as having ample resources available to perform the work required of this contract. Accordingly, staff recommends acceptance of the low bid and award of the contract to Bituminous Consulting & Contracting of Blaine, MN. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT NO. 1994 -33, CONTRACT 1994 -P, MISCELLANEOUS REMOVALS, EXCAVATION, AND CONCRETE CURB WHEREAS, pursuant to Resolution 95 -43, the following bids were received and opened on March 16, 1995, for Improvement Project No. 1994 -33, Contract 1994 -P, Miscellaneous Removals, Excavation, and Concrete Curb; and Bidders Bid Amount Bituminous Consulting & Contracting $39,713.40 Barber Construction $45,147.70 Master Asphalt $53,776.00 Driveway Design $62,843.00 Hardrives, Inc. $67,804.00 WHEREAS, it appears that Bituminous Consulting & Contracting of Blaine, MN, is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with Bituminous Consulting & Contracting of Blaine, Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 1994 -33 according to the plans and specifications therefor approved by the City Council and on file in the office of the Deputy City Clerk. 2. The Deputy City Clerk is hereby authorized an directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. 3. All costs for Improvement Project No. 1994 -33 shall be financed by the Capital Projects Fund. RESOLUTION NO. Date Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded b member P g g Y Y and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • • Council Meeting Date 03/27/95 City of Br Center Agenda Item Numbe Request For Council Consideration • Item Description: RESOLUTION ESTABLISHING THE 1995 DISEASED TREE REMOVAL PROGRAM, APPROVING SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1995 -10, CONTRACT 1995 -C Department Approval: Dia Spector, Director f Public Services Manager's Review /Recommendation: , ✓,i f %' -"'� No comments to supplement this report Comments below /attached Recommended City Council Action: It is recommended that the Council adopt the attached resolution establishing the project, approving • specifications, and directing advertisement for bids. Summary Explanation: (supporting documentation attached Yes ) The City of Brooklyn Center annually establishes a Tree Removal project to expedite the removal of diseased and other nuisance trees. Over 225 trees were marked for removal under last year's program, 116 of which were removed by the City's tree contractor, Outside Tree Services. It is anticipated that there will be minimal increases in the number of diseased trees in 1995. The City utilizes a "fast track" system of procedures for administering this program. These procedures were approved b the Council in 1987 and are intended to as the name implies, speed u the PP Y P � P P process P of tree removal. Figure 1 shows the process which is followed for a typical tree. No changes have been made to the specifications for 1995. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING THE 1995 DISEASED TREE REMOVAL PROGRAM, APPROVING SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1995 -10, CONTRACT 1995 -C BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The following project is hereby established: DISEASED TREE REMOVAL IMPROVEMENT PROJECT NO. 1995 -10 2. The specifications for Contract 1995 -C for said improvement project are approved and ordered filed with the Deputy City Clerk. 3. The Deputy City Clerk shall prepare and cause to be inserted at least twice in the official newspaper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved specifications. The advertisement shall be published as required by law, shall specify the work to be done, shall state that said bids will be received by the Deputy City Clerk until the date and time specified, at which time they will be publicly opened at City Hall by the Deputy City Clerk or the City Engineer. Subsequently, the bids shall be tabulated and will then be considered unless sealed and filed with the Deputy City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City for 5 percent of the total amount of such bid. 4. The accounting for the project shall be in the Tree Removal Fund. Date Mayor ATTEST: Deputy 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. FIGURE 1 -- --- - - - - -- Diseased Tree Removal Program Fast Track Procedures 1 Up To Up To Two Day 1 Week 20 Days - - - -- One To Two Weeks - - -- Weeks Owner Chooses To {> _ Inspected By Tree Inspector, Who Remove Tree By Self, Will Approve Or Will Require Within 20 Days Additional Work Or Clean Up Placed on Tree Work List, {> Contractor Has Two Tree Owner Owner Requests City Usually Within Two Weeks Weeks To Complete List M arke d Notified Tree Contractor To Remove Tree Owner Removes Attempt to Contact By Tree B Self Owner Makes No Phone; If Can't, Delinquent b Response Within Notice Delivered By Police 20 Da s (in Town) or By Certified Mail (Out of Town) Owner Requests City Contractor To Remove Tree Council Declares Tree A Nuisance No Response In 5 Days — City Orders Contractor To Remove Tree Council Meeting Daze 03/27/95 /_! ^/ 3 City of Brooklyn Center Agenda Item Number • Request For Council Consideration • Item Description: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT NO. 1995 -06, CONTRACT 1995 -A, 1995 SEALCOAT PROGRAM Department Approval: Diane Spector, Director of Public Se * s Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: A resolution which accepts the low bid and awards a contract to Allied Blacktop of Maple Grove, MN, is attached for consideration. • Summary Explanation: (supporting documentation attached ) Bids for the 1995 Sealcoating Project, Improvement Project No. 1995 -06, Contract 1995 -A, were received on March 23, 1995. The bidding results are tabulated as follows: Bidder Option A Option B Allied Blacktop $ 88,953.89 $ 76,559.49 Bituminous Roadways $ 98,076.61 $ 99,800.57 Astech Corp. $103,966.85 $102,925.35 The specifications for this work required bids to be submitted on the basis of different material sizes and types, similar to previous years. For the information of the Council, the awards in recent years have been based on the selection of either Option A or Option B, which recognize the use of smaller sized aggregate material on residential streets and larger material on the higher traffic or State Aid streets. Based on analysis of the bids submitted, and the wearing characteristics inherent to the specified • materials, staff is recommending acceptance of the low bid for Option A, which specifies the use of smaller trap rock material for residential streets and larger trap rock material for higher traffic streets. Allied Blacktop Co. of Maple Grove, MN, the low bidder for Option A has extensive sealcoating experience in the Metro area and is regarded as having the most up -to -date equipment available for this type of work. In addition, Allied Blacktop Co. has previously completed projects of this type for the City; most recently in 1994. The low bid for Option A, $88,953.89, compares favorably to the 1995 Request For Council Consideration Page 2 General Fund budget allocation of $120,000. Accordingly, staff recommends acceptance of the low bid for Option A and award of the contract to Allied Blacktop Co. of Maple Grove, MN. • Note: In the past, the City's sealcoating program was geographic in nature; that is, any year's program would concentrate in a specific area. In this way, all streets under our jurisdiction could expect to be sealcoated once every 7 or 8 years, whether they actually benefitted from the application of a sealcoat at that time or not. We expect that by integrating the output from our recently established Pavement Management Program, the determination of next year's (and subsequent years') sealcoating area will be based on an annual, street -by- street analysis of the cost effectiveness of spending street maintenance dollars on the various rehabilitation techniques (sealcoating, patching, crack filling, overlays, reconstruction, etc.). The sealcoating programs of the future will be less geographic in nature, and will cause some streets to be skipped over as we concentrate on the streets in the City that will most benefit from sealcoat application for that given year. • • �N Member introduced the following resolution and • moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT NO. 1995 -06, CONTRACT 1995 -A, 1995 SEALCOAT PROGRAM WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 1995 -06, bids were received opened, and tabulated by the City Engineer, on the 23rd day of March, 1995. Said bids were as follows: Bidder Option A Option B Allied Blacktop $ 88,953.89 $ 76,559.49 Bituminous Roadways $ 98,076.61 $ 99,800.57 Astech Corp. $103,966.85 $102,925.35 WHEREAS, it is in the best interest of the City of Brooklyn Center to select Option A, as permitted by the Specifications for Contract 1995 -A, Special Provisions, Division B, B -7.3 "the Owner reserves the right to select and award a contract for any of the two options • contained in the proposal form, in the best interest of the City of Brooklyn Center "; and WHEREAS, it appears that Allied Blacktop Co., of Maple Grove, Minnesota is the lowest responsible bidder for Option A. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Option A is selected because it provides the most desirable combination of materials at a competitive price. 2. The Mayor and City Manager are hereby authorized and directed to enter into a contract for Option A in the amount of $88,953.89, with Allied Blacktop Co., of Maple Grove, Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 1995 -06 according to the plans and specifications approved by the City Council and on file in the office of the Deputy City Clerk. 3. The Deputy City Clerk is hereby authorized and directed to return forthwith to all the bidders and deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be • retained until a contract has been signed. RESOLUTION NO. Date Mayor ATTEST: Deputy 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. Council Meeting Date 03/27/95 31 - C ity of Brooklyn Center Agenda Item Number �D • Request For Council Consideration Item Description: RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. 1 AND CHANGE ORDER NO. 1 FOR IMPROVEMENT PROJECT NO. 1994 -19, CONTRACT 1994 -J, SHINGLE CREEK PARKWAY MILL & OVERLAY Department Approval: Diane Spector, Director 6f)Public Se pi Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: • A resolution which approves Supplemental Agreement No. 1 and Change Order No. 1 is attached for consideration. Summary Explanation: (supporting documentation attached yes On August 22, 1994, the City Council by Resolution No. 94 -175 awarded a contract for Improvement Project No. 1994 -19, Contract 1994 -J to Northwest Asphalt, Inc. This project is a Municipal State Aid project and all additional work or overruns in quantities must be approved by Supplemental Agreement or Change Order. Supplemental Agreement No. 1 During the course of repairing the existing storm sewer system, extensive deterioration of the manhole support slabs and top rows of manhole block were found to exist. These conditions could not be left unrepaired due to the potential structure failure. The extensive bituminous patching was not included in the original bid. The attached supplemental agreement itemizes the location and costs of the structure and street repairs. Change Order No. 1 After the award of the contract and during reconstruction of the curb & gutter and concrete driveways, • additional driveways had to be modified to facilitate semi - trailer traffic into adjacent industrial sites. Additional concrete curb & gutter and median was added that was not correctly measured during the preliminary estimates. The attached change order details these items. 60 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. 1 AND CHANGE ORDER NO. 1 FOR IMPROVEMENT PROJECT NO. 1994 -19, CONTRACT 1994 -J, SHINGLE CREEK PARKWAY MILL & OVERLAY WHEREAS, due to conditions of deterioration of the existing storm sewer system unknown at the time of plan preparation; and WHEREAS, due to a measurement error for concrete curb and gutter and concrete median, the following Supplemental Agreement No. 1 and Change Order No. 1 are deemed necessary for the proper completion of Improvement Project No. 1994 -19, Contract 1994 -J. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. This resolution is hereby subject to approval of Supplemental Agreement No. 1 and Change Order No. 1 by the Minnesota Department of Transportation. 2. The estimated project costs and revenues are amended as follows: As Amended Per As Amended Supp. Agreement #1 Est. Project Costs Per Low Bid Change Order #1 Contract $257,037.75 $257,037.75 Contingency 25,703.25 (10 %) 25,703.25 (10 %) Subtotal $282,741.00 $282,741.00 Supplemental Agreement #1 69,859.86 Change Order #1 36.545.50 Subtotal Construction $389,146.36 Engineering 28,274.00 28,274.00 Administrative 5,655.00 5,655.00 Legal & Bonding (1 %) 2,827.00 3,891.00 Total Estimated Project Cost $319,497.00 $426,966.36 RESOLUTION NO. As Amended Per As Amended Supp. Agreement #1 Est. Project Revenues Per Low Bid Change Order #1 Special Assessments $188,550.00 $188,550.00 Regular Municipal State Aid Fund 1496 253,240.00 360,709.36 Local Municipal State Aid Fund 2911 (158,963.00) (158,963.00) Water Utility 2,740.00 2,740.00 Sanitary Sewer Utility 4,410.00 4,410.00 Storm Drainage Utility 29,520.00 29,520.00 Total Estimated Project Revenue $319,497.00 $426,966.36 Date Mayor ATTEST: Deputy 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. • SUPPLEMENTAL AGREEMENT • SAP 109 - 109 -28 Contract 1994 -J Contractor: Northwest Asphalt Inc. 141 Co. Rd. 18 Shakopee, MN Location: Shingle Creek Parkway Brooklyn Center, MN Extra work required to repair existing storm sewer systems and structures. The extent of deterioration was unknown at the time of plan preparation. Invoice No Date Work Performed Amount 94301 10/07/94 Bulkhead open pipe stub $ 325.83 904302 10/04/94 Sand fill abandoned storm to MTC 1,199.00 10/05/94 Build new CB at 6801 Shingle Cr. Pkwy. • and install 29' - 15" RCP storm 2,088.03 10/06/94 STA 68 +50 Left - Remove MH /build new CB /3.75' - 12" RCP STA 68 +60 Left - rebuild top -new casting 2,800.34 10/07/94 STA 74 +80 Left - Replace 8' Dia. top section - repair main barrel 1,950.40 904303 09/27/94 Purchase & install 6 new castings to replace broken units 998.12 948304 10/10/94 STA 67 +80 - New CB 6' -12" RCP STA 89 +75 - Rebuild CB 12" Ring 1,248.62 948305 10/12/94 STA 100 +00 RT - Replace manhole block repour invert 1, 137.87 948306 10/18/94 STA 89 +75 - Replace manhole block and reconstruct over RCP STA 81 +00 - Remove & replace top slab and top row of MH block 2,806.99 • Invoice No Date Work Performed Amount S 10/19/94 STA 71 +10 east - remove and replace top P slab and top row of MH block 1,065.80 10/20/94 Replace broken valve boxes 953.01 948307 11/22/94 Haul excess granular material Denied 948308 11/16/94 Traffic control - CB work 40.83 948309 11/30/94 Additional trench cut and Class V aggregate base 2.501.00 SUBTOTAL $19,115.84 Item No. Item Unit Quanti Unit Price Extension 2331.518 Type 31 Mixture Ton 140.68 $150.54 $21,177.96 for patch. storm sewer repair Type 31 Mixture Ton 196.40 $150.54 $29,566.06 for street curb patch SUBTOTAL $50,744.02 TOTAL SUPPLEMENTAL AGREEMENT #1 $69,859.86 Mn/DOT TP- 21840 -02 (5183) Sheet_ of STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION CHANGE ORDER # 1 • SAP Contractor Northwest Asphalt Inc. &:P.No. 109 - 109 -28 Address 1451 Co. Rd. 18, Shakopee, MN 55379 F.P. No. Job Location Brooklyn Center - Shingle Creek Parkwa Contract No. 1994 -J In accordance with the terms of this Comract, you are hereby authorized and i n s t ru c t e d to perfoim the W o rk as altered by the following provisions: Due to a measurement error during plan preparation, the following items have been increased to properly complete this improvement. ESTIMATED CHANGE IN COST ITEM NO. ITEM NAME UNIT QUANTITY CONTRACT AMOUNT UNIT PRICE 2104.501 Remove Concrete Curb & Gutter L.F. 1081 $ 3.00 3,243.00 2104.503 Concrete Walk & Median S.F. 2185 0.65 1,420.25 2104.503 Remove Concrete D/W All Thickness S.F. 2390 4.00 9,560.00 2537.507 Concrete Median, 4 11 S.Y. 327 29.25 9,564.75 0564.602 8" Concrete D/W Pavement, H.E. S.Y. 270 47.25 12,757.50 $36,545.50 TOTAL $ CHANGE IN CONTRACT TIME Issued by Due to this change the Contract Time: Pro /Re %Fdenr /County Engineer Dote o. is increased (X) b 14 Working ( ) days. decreased ( ) y Calendar ( }J Approved by b. is not changed ( ). Asst. District Engineer Date c. may be revised if the work 0 ffected the controlling operation ( ). Accepted by Contractor's Awhonzed Re presentative Date Original to Contractor Copy to contr. Admin. Engr. —Salmon Copy to Project Engineer — Pink Copy to Materials Office — Goldenrod Refer to Cont. Manual 5- 591.200 d .367 'I' Council Meeting Date 3/27/95 3 City of Brooklyn Center Agenda Item Number Request For Council Consideration is Item Description: Resolution Authorizing the Issuance, Sale and Delivery of Rental Housing Revenue Bonds (Four Courts Apartments Project) Series 1995, in an Amount Not to Exceed $2,300,000; Approving the Form of and Authorizing the Execution and Delivery of a Loan Agreement and Indenture of Trust and Other Documents; Approving the Form of and Authorizing the Execution and Delivery of Said Bonds Department Approval: G. Brad fio ff , Community Devel ment Doi dtor Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: ® Staff recommends approval of Resolution Authorizing the Issuance, Sale and Delivery of Rental Housing Revenue Bonds (Four Courts Apartments Project) Series 1995, in an Amount Not to Exceed $2,300,000; Approving the Form of and Authorizing the Execution and Delivery of a Loan Agreement and Indenture of Trust and Other Documents; Approving the Form of and Authorizing the Execution and Delivery of Said Bonds. Summary Explanation: (supporting documentation attached No ) At the March 13, 1995, City Council meeting, a public hearing was held relative to the issuance of an additional $2,300,000 in rental housing revenue bonds to purchase and rehabilitate the Four Courts apartment complex. The resolution before you this evening gives final approval and authorizes the sale of the additional bonds. Later this summer, this issue will come back to the Council for a refunding; the two issues will be combined into a single bond issue. It is staff's recommendation that the Council approve this resolution. Once again, the bond issue is not an obligation of the City. The bonds are backed only by the real estate (Four Courts) involved in the funding. • �T Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF RENTAL HOUSING REVENUE BONDS (FOUR COURTS APARTMENTS PROJECT) SERIES 1995, IN AN AMOUNT NOT TO EXCEED $2,300,000; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT AND INDENTURE OF TRUST AND OTHER DOCUMENTS; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF SAID BONDS WHEREAS, the City of Brooklyn Center, Minnesota (the "Issuer ") is a political subdivision and municipal corporation duly organized and existing under the Constitution and laws of the State of Minnesota; and WHEREAS, pursuant to the Constitution and laws of the State of Minnesota, particularly Minnesota Statutes, Chapter 462C, as amended (the "Act "), the Issuer is authorized to carry out the public purposes described in the Act and contemplated thereby in the financing of housing within its boundaries, by issuing revenue bonds to defray, in whole or in part, the cost of acquisition and rehabilitation of a rental housing development, and by entering into any agreements made in connection therewith and by pledging any such agreements as security for the payment of the principal of and interest on any such revenue bonds; and WHEREAS, on October 11, 1994, and March 13, 1995, the Issuer held public hearings regarding a Program for a Multifamily Housing Development, in the form on file with the City Clerk (the "Program ") pursuant to and in conformance with the Act for which notice was duly published as required by the Act; and WHEREAS, on March 13, 1995, the Issuer held a public hearing with respect to the issuance of bonds to finance the Program pursuant to Section 147(f) of the Internal Revenue Code of 1986, as amended; and WHEREAS, pursuant to the Act, the Issuer proposes to undertake the Program to finance the acquisition and rehabilitation of a 252 -unit qualified residential rental project known as Four Courts Apartments (the 'Project ") located at 3936 Northway Drive in the City to be owned by Brooklyn Center Leased Housing Associates Limited Partnership, a limited partnership formed under the laws of the State of Minnesota (the "Owner "); and WHEREAS, the Issuer previously issued its "City of Brooklyn Center, Minnesota Rental Housing Revenue Bonds (Four Courts Apartments Project) Series 1994" • in the aggregate principal amount of $7,500,000; and RESOLUTION NO. WHEREAS, the Issuer is authorized to issue and sell the "City of Brooklyn Center, Minnesota Rental Housing Revenue Bonds (Four Courts Apartments Project) Series 1995" in the aggregate principal amount not to exceed $2,300,000; and said Bonds and the interest on said Bonds shall be payable solely from the revenue pledged therefor and the Bonds shall not constitute a debt of the Issuer within the meaning of any constitutional or statutory limitation nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or assets and shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the Issuer other than the Issuer's interest in said Project; and WHEREAS, the Issuer has received an allocation of authority to issue bonds subject to a federal volume limitation for the Project from the Minnesota Department of Finance, in accordance with Minnesota Statutes, Chapter 474A; and WHEREAS, forms of the following documents (including the exhibits referred to therein) have been submitted to the Issuer: a. an Indenture of Trust, dated as of April 1, 1995, to be made and entered into among the Issuer and First Trust National Association, as trustee (the "Trustee "), providing for the issuance of the Bonds, prescribing the • form thereof, pledging the trust estate described therein for the security of the Bonds and setting forth proposed recitals, covenants and agreements by the parties with respect thereto; b. a Loan Agreement, dated as of April 1, 1995, to be executed by the Issuer and the Owner, providing for the loan of proceeds of the Bonds from the Issuer to the Owner; C. a Bond Purchase Agreement (the "Bond Purchase Agreement "), by and among the Issuer, the Owner and Piper Jaffray, Inc. (the "Underwriter "), providing for the purchase of the Bonds by the Underwriter; d. a Limited Offering Memorandum (the "Limited Offering Memorandum "). The agreements described and referred to in paragraphs a through c above shall hereinafter sometimes be referred to collectively as the "Agreements ". NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: • -2- RESOLUTION NO. Section 1 . The Issuer acknowledges, finds, determines, and declares that the preservation of the quality of life in the City is dependent upon the maintenance, provision, and preservation of an adequate housing stock, which is affordable to persons and families of low or moderate income, that accomplishing this is a public purpose, and that may would - be providers of housing units for low and moderate income persons in the City are either unable to afford mortgage credit at present market rates of interest or are unable to obtain mortgage credit. The Issuer also hereby finds, determines and declares that the Project has been designed to be affordable by persons and families with adjusted gross incomes not in excess of 110 percent of the median family income as most recently estimated by the United States Department of Housing and Urban Development for Hennepin County, and that, based solely n representations 4 r n f he dwellin units in the y of the Owner, at least O percent t o t P g Project will be held for occupancy by families and individuals with adjusted gross incomes not in excess of 60 percent of the median family income. Section 2 . The Issuer further finds, determines, and declares that the a P rP ose of the Program is to issue the Bonds, the proceeds of which will be used to finance the acquisition and rehabilitation of the Project for occupancy primarily by persons of low and moderate income, and the Issuer hereby approves and adopts the Program. Section 3 . For the purpose of financing the Program there is hereby authorized the issuance of the Bonds. The Bonds shall bear interest at such rates, shall be in such denomination, shall be numbered, shall be dated, shall mature, shall be subject to redemption prior to maturity, shall be in such form, and shall have such other details and provisions as are prescribed by the Indenture. Section 4 1 solely o .The Bonds shall be special obligations of the Issuer payable y from the revenues of the Program, in the manner provided in the Indenture. The Bonds do not constitute an indebtedness, liability, general or moral obligation (except to the extent of the trust estate pledged under the Indenture) or a pledge of the faith and credit or any taxing power of the Issuer, the State of Minnesota, or any political subdivision thereof. The Issuer hereby authorizes and directs the Mayor of the Issuer (the "Mayor ") and the City Manager of the Issuer (the "Manager ") to execute under the corporate seal of the Issuer, the Agreements, and to deliver the Agreements to said Trustee, and hereby authorizes and directs the execution of the Bonds in accordance with the Indenture, and hereby provides that the Indenture shall provide the terms and conditions, covenants, rights, obligations, duties, and agreements of the bondholders, the Issuer, and the Trustee as set forth therein. All of the provisions of the Agreements, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Agreements shall be substantially in the form before the Issuer • -3- RESOLUTION NO. on the date hereof, and is hereby approved, with such changes as shall be approved by the Mayor pursuant to this section, and with such necessary and appropriate variations, omissions, and insertions as are not materially inconsistent with such form and as the Mayor, in her discretion, shall determine; provided that the execution thereof by the Mayor shall be conclusive evidence of such determination. Section 5 . All covenants, stipulations, obligations, representations, and agreements of the Issuer contained in this resolution or contained in the Agreements or other documents referred to therein shall be deemed to be the covenants, stipulations, obligations, representations, and agreements of the Issuer to the full extent authorized or permitted by law, and all such covenants, stipulations, obligations, representations, and agreements shall be binding upon the Issuer. Except as otherwise provided in this resolution, all rights, powers, and privileges conferred, and duties and liabilities imposed, upon the Issuer by the provisions of this resolution or of the Agreements or other documents referred to therein shall be exercised or performed by the Issuer, or by such officers, board, body, or agency as may be required or authorized by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation, representation, or agreement herein contained or contained in the Indenture or other documents referred to above shall be deemed to be a covenant, stipulation, obligation, representation, or agreement of any officer, agent, or employee of the Issuer in that person's individual capacity, and neither the Council of the Issuer nor any officer or employee executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. Section 6 . Except as herein otherwise expressly provided, nothing in this resolution or in the Agreements, expressed or implied, is intended or shall be construed to confer upon any person, firm, or corporation other than the Issuer, the holders of the Bonds, and the Trustee any right, remedy, or claim, legal or equitable, under and by reason of this resolution or any provision hereof or of the Agreements or any provision thereof; this resolution, the Agreements, and all of their provisions being intended to be and being for the sole and exclusive benefit of the Issuer and the holders from time to time of the Bonds issued under the provisions of this resolution and the Agreements, and the Owner to the extent expressly provided in the Agreements. Section 7 . In case any one or more of the provisions of this resolution or of the Agreements or of the Bonds issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this resolution or of the Agreements or of the Bonds, but his resolution, the agreements, and the Bonds shall be construed as if such illegal or invalid provision had not been contained therein. The terms and conditions set forth in the Agreements, the pledge of revenues derived from the Program referred to in the Agreements, the pledge of collateral derived from the • -4- RESOLUTION NO. program referred to in the Agreements, the creation of the funds provided for in the Indenture, the provisions relating to the application of the proceeds derived from the sale of the Bonds pursuant to and under the Indenture, and the application of said revenues, collateral, and other monies are all commitments, obligations, and agreements on the part of the Issuer contained in the Agreements, and the invalidity of the Agreements shall not affect the commitments, obligations, and agreements on the part of the Issuer to create such funds and to apply said revenues, other monies, and proceeds of the Bonds for the purposes, in the manner, and according to the terms and conditions fixed in the Indenture, it being the intention hereof that such commitments on the part of the Issuer are as binding as if contained in this resolution separate and apart from the Indenture. Section 8 . All acts, conditions, and things required by the laws of the State of Minnesota, relating to the adoption of this resolution, to the issuance of the Bonds, and to the execution of the Agreements and the other documents referred to therein to happen, exist, and be performed precedent to and in the enactment of this resolution, and precedent to the issuance of the Bonds, and precedent to the execution of the Agreements and the other documents referred to above have happened, exist, and have been performed as so required by law. Section 9 . The City Council of the Issuer, officers of the Issuer, and attorneys and other agents or employees of the Issuer are hereby authorized to do all acts and things required of them by or in connection with this resolution and the Agreements and the other documents referred to therein for the full, punctual, and complete performance of all the terms, covenants, and agreements contained in the Bonds, the Agreements and the other documents referred to above, and this resolution. Section 10 . The Issuer is not participating in the preparation of the Limited Offering Memorandum and has made and will make no independent investigation with respect to the information to be contained therein, including the Appendices thereto, and the Issuer assumes no responsibility for the sufficiency, accuracy or completeness of such information. Subject to the foregoing, the Issuer hereby consents to the distribution and the use by Piper Jaffray Incorporated in connection with the issuance of the Bonds of the Limited Offering Memorandum in substantially the form on file with Issuer. The Limited Offering Memorandum is the sole material consented to by the Issuer for use in connection with the issuance of the Bonds. Section 11 . The Mayor and the Manager are hereby designated and authorized to execute the Officer's Certificate, as defined in the Indenture, and to take such other administrative action as is permitted or required by the Agreements. Section 12 . The Mayor and the Manager of the Issuer are authorized and • -5- RESOLUTION NO. directed to execute and deliver any and all certificates, agreements, or other documents which are required by the Agreements, or any other certificates or documents which are deemed necessary by bond counsel to evidence the validity or enforceability of the Bonds, the Agreements or the other documents referred to in this Resolution, or to evidence compliance with Section 142(d) of the Internal Revenue Code of 1986, as amended; and all such agreements or representations when made shall be deemed to be agreements or representations, as the case may be, of the Issuer. Section 13 . If for any reason the Mayor of the Issuer is unable to execute and deliver those documents referred to in this resolution, any other member of the Council of the Issuer may execute and deliver such documents with the same force and effect as if such documents were executed by the Mayor. If for any reason the Manager of the Issuer is unable to execute and deliver the documents referred to in this resolution, such documents may be executed and delivered by any other member of the Council with the same force and effect as if such documents were executed and delivered by the Manager. Section 14 . This resolution shall be in full force and effect from and after its passage. Date Mayor ATTEST: Deputy 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. • -6- Council Meeting Date 3/27/95 City of f Brooklyn Center Agenda Item Number 454- Request For Council Consideration Item Description: An Ordinance Vacating Certain Utility And Drainage Easements in Registered Land Survey No. 1603 And In Brooklyn Center Industrial Park Plat 1 Department Approval: Spector, Director Hof Public ic es. Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Conduct a first. reading of the ordinance. • Summary Explanation: (supporting documentation attached Yes ) The Evergreen Development Group executed a development agreement with the City regarding the Evergreens at Earle Brown Farm senior development. This agreement among other things requires the property owner to convey to the City a storm sewer easement and a ponding easement for new improvements constructed on the site. The City in turn agreed to vacate an existing storm sewer and a ponding easement which would no longer be necessary, upon satisfactory completion and acceptance of work performed. All work has been satisfactorily performed and accepted. The Engineering Division has drafted an Easement and Maintenance Agreement which would convey the new easements, which is ready to be executed by the owner and by the City. Tonight an ordinance vacating the no longer necessary storm sewer and ponding easements is presented for first reading. If approved, the second reading of the ordinance and the public hearing would be held on April 24, 1995. Staff would see that the property owner executes the Easement and Maintenance Agreement prior to final consideration of these easement vacations. • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 24th day of April, 1995 yg P � Y P > at 7 p.m. or as soon thereafter as may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider the vacation of certain drainage and ponding easements. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE VACATING CERTAIN UTILITY AND DRAINAGE EASEMENTS IN REGISTERED LAND SURVEY NO. 1603 AND IN BROOKLYN CENTER INDUSTRIAL PARK PLAT 1 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. The followiniz described easement over Tract B, Reizistered Land Survey No. 1603, Hennepin County, Minnesota, established by document no. 1777932, Hennepin County Register of Title, is hereby vacated. • Commencini at the most Westerly corner of said Tract B; thence North 69 degrees 52 minutes 52 seconds East, assumed bearing along the Northwesterly line of said Tract B a distance of 43.55 feet to the actual point of beginning; thence South 74 degrees 23 minutes 45 seconds East a distance of 57.22 feet; thence South 08 degrees 12 minutes 13 seconds East a distance of 72.01 feet; thence South 10 degrees 45 minutes 22 seconds West a distance of 98.31 feet; thence north 77 degrees 39 minutes 23 seconds West a distance of 31.58 feet; thence North 08 degrees 09 minutes 20 seconds East a distance of 59.41 feet; thence North 41 degrees 40 minutes 48 seconds West a distance of 62.97 feet; thence North 13 degrees 43 minutes 06 seconds East a distance of 72.73 feet to the point of beginning_ Section 2. That part of the following described easement over Outlot A, BROOKLYN CENTER INDUSTRIAL PARK PLAT 1. established by document no. 1103795, Hennepin County Register of Title, which lies within Tract B, Registered Land Survey No. 1603, is hereby vacated. A strip of land 40 feet wide in Outlot A, BROOKLYN CENTER INDUSTRIAL PARK PLAT 1, according to the plat of record thereof, files of the Registrar of Titles. County of Hennepin, State of Minnesota, the 0 centerline of which is described as follows: Ordinance No. Beginning at the southeast corner of Outlot B, BROOKLYN CENTER INDUSTRIAL PARK PLAT 1, thence northeasterly along the east boundary of Outlot B, a distance of 576.14 feet; thence N 88 °25'40" W to a point on the east boundary of Outlot A, said point being the true point of beginning; thence N 88 °25'40" W to the southwest boundary of Outlot A, said easement there terminating. Section 3. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of , 1995. Mayor • ATTEST: Deputy Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) • LOCATION MAP Ji L i TA .4a - i 6R90KI,YM1Y ���IN SHE Tol Lu \1 r C4NT�i_ CENIF�g %� ��� \ aoier or ,n c, • - <� �s \ \ \ l TMErvT " zs \ I . L I 15.54 _ 07'73'19' W i 'Qo.s 0 M13.00 _ ' �s N o aJ•afi'al - ' v w ., ,,, ,✓ �� .,� ;� J am \ w' uj r � rEr D "� rvD - .. to , a , o � n m s ,o T Ja y r Jryhry —• ­12 s ,o9.eJi1• w• t O ".�, " corrvEn .n.c. A \\ 1 N 01'23'22' E 22 5 aE,\ cc " E a. Doc. NO. 304.se.9 � \ \ � /�PEH Il 9J� ,t, U• E \ `. ni PER WO. NO. tn20J / 1 ROAD En SEMFrvT PEA \ � h N nD9' 1 Z ---.�- �. 5 C - LEGEND \ \ "O 1 >a.» 1 < 650.0 L w i o woe+ MonvuE "- \ � V• i -- 1 C i 5 C j !� '6O rvtt _ Y BRG N g31 \.5.23 i� O cATa� nwvo � ` 1 r . J - ^Yl _._ E N 09' 28' SUMT ,� ori�e „AL M T � ��� ITT 11 LU Z wATEry MA,r, � rE�D� W Q W Council Meeting Date 3/27/95 3 City of Brooklyn Center Agenda Item Numbe Request For Council Consideration Item Description: Licenses Department Approval: Sharon Knutson, Deputy City Cler Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Approve list of licenses. Summary Explanation: (supporting documentation attached No ) • Licenses to be approved by the City Council on March 27, 1995: MECHANICAL SYSTEMS co Construction Mechanical Services 1307 Sylvan St. mw BuildA Official ,QJ� RENTAL DWELLINGS Renewal: Norman Chazin Four Courts Apartments Norman Chazin Northbrook Terrace Norman Chazin 6037 Brooklyn Blvd. Henry W. Norton 5240 Drew Ave. N. Norbert and Dolores Volbert 4207 Lakeside Ave. N. #122 Nancy G. Dahlquist 4700 Lakeview Ave. N. Donald Sobania 3701 47th Ave. N. Revesco, Inc. 857 -861 70th Ave. N. Revesco, Inc. 873 -877 70th Ave. N. Revesco, Inc. 881 -885 70th Ave. N. Director of Commu Y_ Development • TAXICAB Town Taxi 2500 Washington Ave #128 aa* City Clerk Council Meeting Date 3 -27 -95 31 City of Brooklyn Center Agenda Item Number Sa.- Request For Council Consideration • Item Description: An Ordinance Placing a Moratorium on the Siting of Adult Establishments Within Any Zoning District of the City of Brooklyn Center; and Directing a Study to be Conducted. Department Approval: Ronald A. Warren, Planning and Zo ' S 2to�� Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: It is recommended that the City Council, following the public hearing on this matter, adopt the proposed ordinance amendment with the recommended modifications. • Summary Explanation: (supporting documentation attached ) The City Council on February 27, 1995 took three actions with respect to establishing a moratorium on the siting of adult oriented businesses. The first action was to adopt a resolution regarding these uses which established the City's interim policy; the second action was to adopt an emergency ordinance relating to the siting of these uses which took effect immediately and is effective for a period of 61 days; and the third action was a first reading on a moratorium ordinance regarding the siting of adult establishments. A public hearing has been scheduled for the City Council's March 27, 1995 meeting. If this ordinance amendment is passed, it will become effective prior to the expiration of the 61 day emergency ordinance. The period of the moratorium would be for one year. The City Council's attention is directed to the proposed ordinance. We are recommending a slight modification to Section 3.03 of that ordinance. It was the staff's intention at the time the moratorium was being proposed to recommend that the location of these adult uses be no less than 250 feet from any residential zoning district, or any land used for a public daycare, library, park, religious institution, playground or other public recreational facility in any zoning district as measured from property line to property line. The language utilized did not, however, reflect that. A modified ordinance has been provided to the City Council for their consideration which would limit these uses to no closer than 250 feet from property line to property line. If the City Council concurs • with this recommendation, the summary publication required as part of the ordinance process will be modified to reflect this change. This procedure has been reviewed by the City Attorney and he concurs with it. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 27th day of March 1995, 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 the City Ordinances regarding adult uses. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE PLACING A MORATORIUM ON THE SITING OF ADULT ESTABLISHMENTS WITHIN ANY ZONING DISTRICT OF THE CITY OF BROOKLYN CENTER; AND DIRECTING A STUDY TO BE CONDUCTED THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Back rg ound 1.01. The State Attorney General has prepared a report entitled, "Report of the Attorney General's Working Group on Regulation of Sexually Oriented Businesses ", dated June 6, 1989, prepared by Hubert H. Humphrey III, Attorney General of the State of Minnesota/Olmstead County Planning Department "Adult Entertainment Report" dated March 2, 1988, and "A 40 -Acre Study" prepared by the St. Paul Division of Planning in 1987, all of which reports are hereafter collectively referred to as "Reports". The Reports considered evidence from studies conducted in Minneapolis and St. Paul and in other cities throughout the country relating to sexually oriented businesses. 1.02. The Attorney General's Report, based upon the above - referenced studies and the testimony presented to it has concluded "that sexually oriented businesses are associated with high crime rates and depression of property values." In addition, the Attorney General's Working Group ". . . heard testimony that the character of a neighborhood can dramatically change when there is a concentration of sexually oriented businesses adjacent to residential property." The Reports conclude that: a. adult uses have an impact on the neighborhoods surrounding them which is distinct from the impact caused by other commercial uses; b. residential neighborhoods located within close proximity to adult theaters, bookstores and other adult. uses experience increased crime rates (sex - related crimes in particular), lowered property values, increased transiency, and decreased stability of ownership; ORDINANCE NO. c. the adverse impacts which adult uses have on surrounding areas diminish as the distance from the adult uses increases; d. studies of other cities have shown that among the crimes which tend to increase either within or in the near vicinity of adult uses are rapes, prostitution, child molestation, indecent exposure and other lewd and lascivious behavior; e. the City of Phoenix, Arizona study confirmed that the sex crime rate was on the average 500 percent higher in areas with sexually oriented businesses; f. many members of the public perceive areas within which adult uses are located as less safe than other areas which do not have such uses; g. studies of other cities have shown that the values of both commercial and residential properties either are diminished or fail to appreciate at the rate of other comparable properties when located in proximity to adult uses; and h. The Indianapolis, Indiana study established that professional real estate appraisers believe that an adult bookstore would have a negative effect on the value of both residential and commercial properties within a one to three block area of the store. 1.03. The Brooklyn Center City Council finds the suburban characteristics of Brooklyn Center are similar to those of the cities cited by the Reports when considering the affects of adult uses. 1.04. The Brooklyn Center City Council finds, based upon the Reports and the studies cited therein, that adult uses will have secondary effects upon certain pre - existing land uses within the City. 1.05. The City's zoning ordinance does not address such adult uses which have been found by other municipalities to cause similar adverse secondary effects. 1.06. The City Council is concerned that the City's zoning ordinance may be inadequate in its scope and in its restrictions to accomplish the purpose for which it was intended. 1.07. In addition to the proper zoning classification of such uses, there are a number of -2- ORDINANCE NO. significant planning and land use issues pertaining to the regulation of such uses, including the following: a. The particular zoning districts in which such uses should be allowed as either permitted or conditional uses. b. The concentration and density of such uses in the City and its neighborhoods. c. The effect of such uses on other uses in the surrounding area. 1.08. There is a need for a study to be conducted so that the City can adopt a set of comprehensive plans and land use zoning regulations pertaining to adult establishment uses. Such a study will address the land use and zoning issues, including those referenced above. 1.09. There is a need for an interim ordinance to be adopted for the purpose of protecting the planning process and the health, safety, and welfare of the citizens of the City and to ensure that the City and its citizens retain the benefits of the City's comprehensive plan and zoning ordinance until such a study has been completed. There is a need to restrict such uses until such a study has been completed and any modifications to the City's zoning and land use regulations are accomplished. 1.10. The City Council has directed that such a study be undertaken. 1.11. Minnesota Statutes Section 462.355, Subd. 4, permits the adoption of interim zoning ordinances during the planning process. 1.12. The City Council finds that the adoption of this emergency ordinance is necessary for the immediate preservation of the public peace, health, morals, safety, and welfare pursuant to Brooklyn Center City Charter, Section 3.06. Section 2. Definitions 2.01. Adult Establishments. An adult establishment is any establishment in which an adult use comprises more than 10 percent of the floor area of the establishment in which it is located or which comprises more than 20% of the gross receipts of the entire business operation. 2.02. Adult Use. An adult use is any of the activities and businesses described below: -3- ORDINANCE NO. a. Adult Use - Body Painting Studio: An establishment or business which provides the service of applying paint or other substance, whether transparent or non - transparent, to the body of a patron when such body is wholly or partially nude in terms of "specified anatomical areas ". b. Adult Use - Bookstore: A building or portion of a building used for the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape, or motion picture film if such building or portion of a building is not open to the public generally but only to one or more classes of the public, excluding any minor by reason of age, and if a substantial or significant portion of such items are distinguished and characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas ". c. Adult Use - Cabaret: A building or portion of a building for providing dancing or other live entertainment, if such building or portion of a building excludes minors by virtue of age and if such dancing or other live entertainment is distinguished and characterized by an emphasis on the presentation, display, depiction or description of "specified sexual activities" or "specified anatomical areas ". d. Adult Use - Companionship Establishment: A companionship establishment which excludes minors by reason of age, and which provides the service of engaging in or listening to conversation, talk or discussion between an employee of the establishment and a customer, if such service is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas ". e. Adult Use - Conversation /Rap Parlor: A conversation /rap parlor which excludes minors by reason of age, and which provides the services of engaging in or listening to conversation, talk, or discussion, if such service is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas ". f. Adult Use - Health /Sport Club: A health /sport club which excludes minors by reason of age, if such club is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas ". -4- ORDINANCE NO. g. Adult Use - Hotel or Motel: Adult hotel or motel means a hotel or motel from which minors are specifically excluded from patronage and where material is presented which is distinguished and characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas". h. Adult Use - Massage Parlor, Health Club: A massage parlor or health club which restricts minors by reason of age, and which provides the services of massage, if such service is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas ". i. Adult Use - Mini - Motion Picture Theater: A building or portion of a building with a capacity for less than 50 persons used for presenting material if such material is distinguished and characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas". j. Adult Use - Modeling Studio: An establishment whose major business is the provision, to customers, of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in "specified sexual activities" or display "specified anatomical areas" while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers. k. Adult Use - Motion Picture Arcade: Any place to which the public is permitted or invited wherein coin or slug- operated or electronically, electrically or mechanically controlled or operated still or motion picture machines, projectors or other image - producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished and characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas". 1. Adult t Use Motion Picture Theater: A _ building or n of a boil bu portion dm g Po g with a capacity of 50 or more persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by reason of age or if such material is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. 5 ORDINANCE NO. m. Adult Use - Novelty Business: A business which has as a principal activity the sale of devices which stimulate human genitals or devices which are designed for sexual stimulation. n. Adult Use - Sauna: A sauna which excludes minors by reason of age, and which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing, or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas ". o. Adult Use - Steam Room /Bathhouse Facility: A building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent if such building or portion of a building restricts minors by reason of age and if the service provided by the steam room /bathhouse facility is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas". 2.03. Specified Anatomical Areas. a. Less than completely and opaquely covered human genitals, pubic region, buttock, anus, or female breast(s) below a point immediately above the top of the areola; and b. Human male enitals in a discernibly turgid state, even if completely and g Y g P Y opaquely covered. 2.04. Specified Sexual Activities. a. Actual or simulated sexual intercourse, oral copulation, anul intercourse, oral -anul copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually- oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or b. Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence; or -6- ORDINANCE NO. c. Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or d. Fondling or touching of nude human genitals, pubic region, buttocks, or female breast(s); or e. Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restraint of any such persons; or f. Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being; or g. Human excretion, urination, menstruation, vaginal or anal irrigation. Section 3. Planning and Zoning Study: Moratorium 3.01. A study is authorized to be conducted by City staff to determine how adult establishment uses should be regulated within the City. The scope of the study should include, but is not limited to, the following: a. The particular zoning districts in which adult establishments should be allowed as either permitted or conditional uses; b. the density and concentration of such uses; c. the effect of such uses on other uses in the surrounding area. 3.02. Upon completion of the study, the matter is to be considered b the Planning Y Y g Commission for its review and recommendation to the City Council. 3.03 A moratorium on the development or location of adult establishments is adopted pending completion of the study and the adoption of any amendments to the City's zoning ordinance. During the term of this ordinance, no adult establishment shall be located on any property, the property line of which is less than 250 feet from the nearest property line of any land in a residential zone, or any land used for public day care, library, park, religious institution, playground or other public recreational facility in any zoning district. -7- ORDINANCE NO. Section 4. Enforcement The City may enforce any provision of this ordinance by mandamus, injunction, or any other appropriate civil remedy in any court of competent jurisdiction. Section 5. Separability Every section, provision or part of this ordinance is declared separable from every section, provision or part of this ordinance. If any section, provision, or part of this ordinance is adjudged to be invalid by a court of competent jurisdiction, such judgment shall not invalidate any other section, provision, or part of this ordinance. Section 6. Duration This ordinance shall remain in effect for one year from the date of its effective date or until such earlier time as said ordinance shall be revoked or otherwise amended. Section 7. Effective Date This ordinance shall take effect thirty (30) days after the date of its publication. Adopted this day of 1995. Mayor ATTEST: Deputy Clerk Date of Publication Effective Date -8- Council Meeting Date 3/27/95 Q 3 City of Brooklyn Center Agenda Item Number V 41 Request For Council Consideration Item Description: Public Hearing Regarding Proposed Improvement Project Nos. 1995 -07, 08, and 09, Woodbine Neighborhood Street, Storm Drainage, and Utility Improvements, and Proposed Special Assessments, Improvement Project Nos. 1995 -07 and 1995 -08, Woodbine Neighborhood Street and Storm Drainage Improvements Department Approval: Diane Spector, Director of Pd�c Servic Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: • Staff presentation. Open the public hearing on the proposed projects, and open the public hearing on the proposed special assessments, and hold the two hearings concurrently. Take public comment. Close both public hearings. Consider the improvement projects. A resolution ordering Improvement Project Nos. 1995 -07, 08, and 09, Woodbine Neighborhood Street, Storm Drainage, and Utility Improvements is provided. If the project is ordered, consider the special assessments for the street improvement and the storm drainage improvements. A resolution certifying the proposed special assessments for collection on the Hennepin County tax rolls is provided. This resolution establishes the interest rate as 7 percent, and specifies that interest does not begin accruing until October 1, 1995. Summary Explanation: (supporting documentation attached Yes ) On February 27, 1995 the City Council adopted Resolution No. 95 -63 providing for public hearing regarding proposed Improvement Project Nos. 1995 -07, 08, and 09, Woodbine Neighborhood Street, Storm Drainage, and Utility Improvements. This resolution also provided for a public hearing on the proposed assessments for Street Improvement Project No. 1995 -07 and Storm Drainage Improvement Project No. 1995 -08. All property owners have been duly notified by certified mail of these project and special assessment hearings. These public hearings may be held concurrently. The Council should open the public hearing on the street improvements and then immediately open the public hearing on the storm drainage • improvements. When all public input has been taken, close the street hearing and then immediately afterward close the special assessment hearing. Proposed project 1995 -07 would mill and overlay Noble Avenue from Brooklyn Boulevard to the north city limits, and reconstruct the remaining streets in the area to the west of France Avenue and east of Brooklyn Boulevard, from 71st Avenue north to the city limits. Streets would be Request For Council Consideration Page 2 reconstructed with bituminous surface, concrete curb and gutter, and concrete aprons; the project • also includes sod restoration, landscaping, street light replacement, and beautification elements. Proposed project 1995 -08 would reconstruct some existing storm sewer and add new storm sewer, and would construct two storm water treatment ponds. The north pond would be located in Brooklyn Park; a cooperative agreement with Brooklyn Park is being developed. The south pond would be located, on land to the south of the proposed project area; the project cost includes funds budgeted for the acquisition of property, which is currently being negotiated. Proposed project 1995 -09 would include minor water system repairs, and would replace problem areas of sanitary sewer main and services to the property line. Assessment Rates In accordance with the City Council's policy regarding improvement projects in residential areas, proposed assessments have been made on a unit basis. The council's 1995 residential unit rate for street reconstruction is $1,700 per parcel; for overlays, $500 per parcel. The council's policy regarding special assessments for storm drainage improvements provides that 35 percent of the project cost be assessed. At that rate, the per unit rate for parcels in the area benefitted from storm drainage improvements is $725. As of March 22, 1995, no written objections have been received regarding the proposed special assessments. • The resolution providing for certification of proposed special assessments to the Hennepin County Auditor specifies that the interest rate is 7 percent, and that no interest would begin accruing until October 1, 1995. The resolution also provides for partial payments, in accordance with administrative procedure. • Member introduced the following resolution and Is moved its adoption: RESOLUTION NO. RESOLUTION ORDERING IMPROVEMENT AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS, IMPROVEMENT PROJECT NOS. 1995 -07, 08, AND 09, WOODBINE NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS. CONTRACT 1995 -B WHEREAS, the Brooklyn Center City Council on July 25, 1994 authorized consideration of street, storm drainage, and utility improvements in the area west of Grimes Avenue and east of Brooklyn Boulevard, from 71st Avenue to the north city limits, an area referred to as the "Woodbine Neighborhood "; and WHEREAS, on February 13, 1995 the City Council expanded said project to include the area west of France Avenue, terminated projects 1995 -01 and 02, and established projects 1995 -07, 08, and 09 to reflect the expanded project area and to separate storm drainage improvements from the utility improvements; and • WHEREAS, the Council has previously received and accepted a feasibility report for said proposed improvements, as prepared by the City's consulting engineer; and- WHEREAS, Resolution No. 95 -63, adopted on the 27th day of February, 1995, set a date for a public hearing regarding proposed improvements for the Woodbine Neighborhood; and WHEREAS, ten days published notice of the hearing was given and the hearing thereon was held on the 27th day of March, 1995, at which time all persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS, the Council has considered all comments, testimony, evidence, and reports offered at or prior to the March 27, 1995 hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Improvement Project Nos. 1995 -07, 08, and 09, Woodbine Neighborhood Street, Storm Drainage, and Utility Improvements, Contract 1995 -B are hereby ordered. RESOLUTION NO. 2. The City's consulting engineer is hereby authorized and directed to develop final plans and specifications for said improvements. Date Mayor ATTEST: Deputy 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. • �b a Member introduced the following resolution and i moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENT FOR IMPROVEMENT PROJECT NOS. 1995 -07 AND 08, WOODBINE NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS, TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed Special Assessment Levy Nos. 13372 and 13373 for the following improvements: WOODBINE NEIGHBORHOOD STREET IMPROVEMENT IMPROVEMENT PROJECT NO. 1995 -07 (Levy No. 13372) WOODBINE NEIGHBORHOOD STORM DRAINAGE IMPROVEMENT IMPROVEMENT PROJECT NO. 1995 -08 (Levy No. 13373) • WHEREAS, Special Assessment Levy Nos. 13372 and 13373 were on March 27, 1995 approved by the City Council; and WHEREAS, an assessment roll, a copy of which is attached hereto and part hereof by reference, has been prepared by the City Clerk, tabulating those properties where a street improvement account is to be assessed with the amount, including interest and service charges, to be assessed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. Such proposed assessments, Special Assessment Levy Nos. 13372 and 13373 made a part hereof, are hereby accepted and shall constitute the special assessments against the lands named therein, and each tract of land therein included is hereby found to be benefited by the improvements in the amount of the assessments levied against it. 2. Such assessments shall be payable in equal annual installments extending over a period of (10) years as indicated on the assessment roll. The first of the installments shall be payable with ad valorem taxes in 1996, and • shall bear interest at the rate of seven (7) percent per annum for a period of fifteen months from October 1, 1995 through December 31, 1996. RESOLUTION NO. • 3. The owner of any property so assessed may at any time prior to the certificate of the assessment to the County Auditor in accordance with administrative procedures pay part or the whole of the assessment, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged on that portion of the assessment that is paid prior to October 1, 1995; and he or she may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15, or interest shall be charged through December 31 of the succeeding year. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Date Mayor ATTEST: Deputy 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. aaa/ail �„ r mm � aaa�� 1a a �� tat a.a� as mar � �� ♦ ♦ �►� pia ,� aria aa� ♦�� a�a� as mm :=a• • • i • see wa r.� • - ..• ,. WIN 0 EWN Noun �•. ■ 1111► �'� ♦a' �, ♦ • �w ■ ■ mom m i� AM Mkibi MWA ■■ MIN mm ■■�. _ ■■ �O - ■m om- -�► Mm mm ■ • _ •• • i' • • . _ . .. i • • _ �❖iiiiiiiiiii 1•ii•�1 � �. _���������� �- ■ RRRR•.... 1.RR1 - / NN rrrrr. �• �� �� NN•1 � � !'!7� �i �� :•:• •.••.. ' • •....• ...... ..... ❖. ..... Molm pop Imm C l � •!•!�'•!•!R� � �� � -� m ms's mm save M MMIN MEMO Mao VON Bill ire �•� �.. ,. . f Bill w ��� � �. � �,. � �, �'� � �,� �� ■err .� 1111 �� QZ►�► `i �'; ' � ►• �� � ��� a�a� tea...... • • a a I 1PIV CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT ROLL Li March 27, 1994 PROJECT INFORMATION LEVY INFORMATION Improvement Project No.: 1995 -07 Levy No.: 13372 Description: Street Improvements - Woodbine Area Fund /Code No.: Levy Description: STREET CONST 95 -07 Location: Includes 71 st Avenue and all public streets between 71st Avenue and the north city limits, between Levy runs ten (10) years at an interest rate of Brooklyn Boulevard and France Ave seven (7) percent. First payment, with property taxes payable in 1996 Improvement Hearing Date: March 27, 1995 shah include fifteen (15) whole months' interest. Improvement Ordered On: Date of Assessment Hearing: March 27, 1994 By Resolution No.: Adopted On: Assessment District: By Resolution No.: Method of Apportionment: Corrections Deletions Or Deferments: Cost Summary From Resolution No: TOTAL IMPROVEMENT COST: $1,243,350.00 Less Direct City Share: Less Other Payments: TOTAL TO BE ASSESSED: City Property: Other Public Property: Private Property: $408,050.00 I o CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT CERTIFICATION ROLL WOODBINE STREET IMPROVEMENT PROJECT (95 -07) MUNICIPAL CODE NO. 22 Levy runs ten 10 years LEVY PROPERTY ADDN. AMOUNT PROPERTY ASSESSED OWNER NAME NO. IDENTIFICATION NO. NO 13372 27- 119 -21 -31 -0009 89256 $1,700.00 3908 72ND AVE N WILSON, ALMA 13372 27- 119 -21 -31 -0010 89256 $1,700.00 7206 GRIMES AVE N STIER, ROBERT & DEBRA 13372 27- 119 -21 -31 -0011 89256 $1,700.00 7212 GRIMES AVE N OBERMBT, RUSSELL & MARLA 13372 27- 119 -21 -31 -0012 89256 $1,700.00 7218 GRIMES AVE N DAHLGREN, SUSAN 13372 27- 119 -21 -31 -0013 89256 $1,700.00 7224 GRIMES AVE N GURBAN, RAYMOND & BETTY 13372 27- 119 -21 -31 -0014 89256 $1,700.00 7230 GRIMES AVE N BACHMANN, JAMES 13372 27- 119 -21 -31 -0015 89256 $1,700.00 7236 GRIMES AVE N JOHNSON, W. LAVERNE 13372 27- 119 -21 -31 -0016 89256 $1,700.00 7242 GRIMES AVE N INADA, CONSTANCE INADA, KENNETH 4925 MAPLE LN AUBURN WA 98002 13372 27- 119 -21 -31 -0017 89256 $1,700.00 7243 GRIMES AVE N LANGREN, DUANE & PAMELA 13372 27- 119 -21 -31 -0018 89256 $1,700.00 7237 GRIMES AVE N JORPELAND, LOIS 13372 27- 119 -21 -31 -0019 89256 $1,700.00 7231 GRIMES AVE N ST DENNIS, THOMAS & JANICE 13372 27- 119 -21 -31 -0020 89256 $1,700.00 7225 GRIMES AVE N WESTERMAN, FRED & EVELYN 13372 27- 119 -21 -31 -0021 89256 $1,700.00 7219 GRIMES AVE N ROOP, DAVID 13372 27- 119 -21 -31 -0022 89256 $1,700.00 7213 GRIMES AVE N PESTA, HANLEY & LEA 13372 27- 119 -21 -31 -0023 89256 $1,700.00 7207 GRIMES AVE N HOLMES, MARK & MARJORIE 13372 27- 119 -21 -31 -0024 89256 $1,700.00 4000 72ND AVE N MILLER, WAYNE & DARLENE 13372 27- 119 -21 -31 -0025 89256 $1,700.00 4008 72ND AVE N STENGER FRANCIS 13372 27- 119 -21 -31 -0026 89256 $1,700.00 7206 HALIFAX AVE N ANDERL, FRANCIS & JANET 13372 27- 119 -21 -31 -0027 89256 $1,700.00 7212 HALIFAX AVE N PLANTE, J THOMAS & JOSEPHINE 13372 27- 119 -21 -31 -0028 89256 $1 7218 HALIFAX AVE N BERGERON JAY& GERALDINE • • CITY OF BROOKLYN CENTER "4? SPECIAL ASSESSMENT CERTIFICATION ROLL D WOODBINE STREET IMPROVEMENT PROJECT (95 -07) MUNICIPAL CODE NO. 22 Levy runs ten 10 years LEVY PROPERTY ADDN. AMOUNT PROPERTY ASSESSED OWNER NAME NO. IDENTIFICATION NO. NO 13372 27- 119 -21 -31 -0029 89256 $1,700.00 7224 HALIFAX AVE N CHU, MARK & CHANG, CECILIA 13372 27- 119 -21 -31 -0030 89256 $1,700.00 7230 HALIFAX AVE N MANASKI, MARK & KRISTINE 13372 27- 119 -21 -31 -0031 89256 $1,700.00 7236 HALIFAX AVE N THIBODEAU, EMERICK & YVONNE 13372 27- 119 -21 -31 -0032 89256 $1,700.00 4009 73RD AVE N JINDRA, RICHARD & JOAN 13372 27- 119 -21 -31 -0033 89256 $1,700.00 4001 72ND AVE N THELEN, DENNIS & KATHLEEN 13372 27- 119 -21 -31 -0034 89256 $1,700.00 7137 GRIMES AVE N LEACH, ROBERT & KATHERINE 13372 27- 119 -21 -31 -0035 89256 $1,700.00 7131 GRIMES AVE N BOHLIN, VIRGIL & KAREN 13372 27- 119 -21 -31 -0036 89256 $1,700.00 7125 GRIMES AVE N CAMPBELL, JOHN & JEANNE 13372 27- 119 -21 -31 -0037 89256 $1,700.00 7119 GRIMES AVE N SCHEILLER,CECIL & LEONA 13372 27- 119 -21 -31 -0038 89256 $1,700.00 7113 GRIMES AVE N GROETTUM, RICHARD & SHIRLEY 13372 27- 119 -21 -31 -0039 89256 $1,700.00 7107 GRIMES AVE N TOOLEY, LEO & CYNTHIA i 13372 27- 119 -21 -31 -0040 89256 $1,700.00 4000 71ST AVE N UHEY, EARNEST & VICTORIA 13372 27- 119 -21 -31 -0041 89256 $1,700.00 4008 71ST AVE N BREYEN, LEONARD & CHERYL 13372 27- 119 -21 -31 -0042 89256 $1,700.00 7106 HALIFAX AVE N JOHNSON, LISA & TIMOTHY 3328 173RD LANE NW ANDOVER, MN 55304 13372 27- 119 -21 -31 -0043 89256 $1,700.00 7112 HALIFAX AVE N DORLAND, CHARLES & NANCY 13372 27- 119 -21 -31 -0044 89256 $1,700.00 7118 HALIFAX AVE N HAUGEN, MICHAEL & KATHLEEN 13372 27- 119 -21 -31 -0045 89256 $1,700.00 7124 HALIFAX AVE N THATCHER, ROBERT & KAREN 13372 27- 119 -21 -31 -0046 89256 $1,700.00 7130 HALIFAX AVE N JOHNSON, MARCELLA 13372 27- 119 -21 -31 -0047 89256 $1,700.00 7136 HALIFAX AVE N LARSON, MICHAEL 13372 27- 119 -21 -31 -0048 89256 $1,700.00 7142 HALIFAX AVE N OLSON, LLOYD & IONE o CITY OF BROOKLYN CENTER � SPECIAL ASSESSMENT CERTIFICATION ROLL WOODBINE STREET IMPROVEMENT PROJECT (95 -07) MUNICIPAL CODE NO. 22 Levy runs ten 10 years LEVY PROPERTY ADDN. AMOUNT PROPERTY ASSESSED OWNER NAME NO. IDENTIFICATION NO. NO 13372 27- 119 -21 -31 -0057 89256 $1,700.00 7100 GRIMES AVE N LUBBE, ROBERT & RUTH 13372 27- 119 -21 -31 -0058 89256 $1,700.00 7106 GRIMES AVE N WEBER, GILBERT & LAVERNE 13372 27- 119 -21 -31 -0059 89256 $1,700.00 7112 GRIMES AVE N DUPRE, MICHAEL & JULIE 13372 27- 119 -21 -31 -0060 89256 $1,700.00 7118 GRIMES AVE N ERICKSON, GOTTFRID & KATHRYN 13372 27- 119 -21 -31 -0061 89256 $1,700.00 7124 GRIMES AVE N LENEAU, PETER & CLAUDIA 13372 27- 119 -21 -31 -0062 89256 $1,700.00 7130 GRIMES AVE N WEISS, TIMOTHY & JULIE 13372 27- 119 -21 -31 -0063 89256 $1,700.00 7136 GRIMES AVE N HEDSTROM, GARY & SUZANNE 13372 27- 119 -21 -31 -0064 89256 $1,700.00 7142 GRIMES AVE N HAMMER, ROBERT 13372 27- 119 -21 -31 -0065 89632 $1,700.00 4101 WOODBINE LA RATHMANNER, CARLA 13372 27- 119 -21 -31 -0066 89632 $1,700.00 7225 HALIFAX AVE N SKOWRONEK, WILLIAM 13372 27- 119 -21 -31 -0067 89632 $1,700.00 7219 HALIFAX AVE N CRONBERG, GOLDINE 13372 27- 119 -21 -31 -0068 89632 $1,700.00 7213 HALIFAX AVE N LIEN, JEROME & REBECCA 13372 27- 119 -21 -31 -0069 89632 $1,700.00 7207 HALIFAX AVE N PHILLIPS, ROBERT JR & PATRICIA 13372 27- 119 -21 -31 -0070 89632 $1,700.00 7201 HALIFAX AVE N HAGSTROM, JAMES & RUTH 13372 27- 119 -21 -31 -0071 89632 $1,700.00 7143 HALIFAX AVE N BUDACH, MARVIN 13372 27- 119 -21 -31 -0072 89632 $1,700.00 7137 HALIFAX AVE N ELLIS, GARY & JOYCE 13372 27- 119 -21 -31 -0073 89632 $1,700.00 7131 HALIFAX AVE N GUDMUNDSEN, JOAN 13372 27- 119 -21 -31 -0074 89632 $1,700.00 7125 HALIFAX AVE N DUDA, ROBERT & JUDITH 13372 27- 119 -21 -31 -0075 89632 $1,700.00 7119 HALIFAX AVE N HAGEMANN, RALPH & JOAN 13372 27- 119 -21 -31 -0076 89632 $1,700.00 7113 HALIFAX AVE N STEFFEN, CHRISTINE 13372 27- 119 -21 -31 -0077 89632 $1,700.00 7107 HALIFAX AVE N KANE, J CHARLES & SHARON 13372 27- 11 -21 -31 -0078 89632 $1,700. 4100 71 ST AVE N JESTUS MARY & JANE • • CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT CERTIFICATION ROLL D -11 WOODBINE STREET IMPROVEMENT PROJECT (95 -07) MUNICIPAL CODE NO. 22 Levy runs ten 10 years LEVY PROPERTY ADDN. AMOUNT PROPERTY ASSESSED OWNER NAME NO. IDENTIFICATION NO. NO 13372 27- 119 -21 -31 -0079 89637 $1,700.00 4100 WOODBINE LA GREEN, JR WILLIAM MERILYN 13372 27- 119 -21 -31 -0080 89637 $1,700.00 4106 WOODBINE LA O'CONNELL, DANIEL & KAREN 13372 27- 119 -21 -31 -0081 89637 $1,700.00 4112 WOODBINE LA BERGQUIST WENDY 650 DODGE AVE ELK RIVER, MN 55330 13372 27- 119 -21 -31 -0082 89637 $1,700.00 4118 WOODBINE LA AMSLER, WALLACE & CAROL 13372 27- 119 -21 -31 -0083 89637 $1,700.00 4200 WOODBINE LA HEER, WILLIAM & JOHANNA 13372 27- 119 -21 -31 -0084 89637 $1,700.00 4206 WOODBINE LA CHERRIER, DOLORES 13372 27- 119 -21 -31 -0085 89637 $1,700.00 4212 WOODBINE LA SAX, RALPH & SANDRA 13372 27- 119 -21 -31 -0086 89637 $1,700.00 4218 WOODBINE LA GUSTAFSON, PHILIP & CAROL 13372 27- 119 -21 -31 -0087 89637 $1,700.00 7230 INDIANA AVE N STEVENS, THOMAS & MAYELA 13372 27- 119 -21 -31 -0088 89637 $1,700.00 7224 INDIANA AVE N PETERSON, LEONARD & RENEE I 13372 27- 119 -21 -31 -0089 89637 $1,700.00 7218 INDIANA AVE N FOLWARSKI, FRANK & JOYCE 13372 27- 119 -21 -31 -0090 89637 $1,700.00 7212 INDIANA AVE N HALLMAN, GERALD & JEAN 13372 27- 119 -21 -31 -0091 89637 $1,700.00 7206 INDIANA AVE N JOHNSON, DAVID KATHLEEN 13372 27- 119 -21 -31 -0092 89637 $1,700.00 7200 INDIANA AVE N GRAF, GERALD & BARBARA 13372 27- 119 -21- 31-0093 89637 $1,700.00 7130 INDIANA AVE N WALLICK, BERYL & RONALD 13372 27- 119 -21 -31 -0094 89637 $1,700.00 7124 INDIANA AVE N SKARE, JAMES 13372 27- 119 -21 -31 -0095 89637 $1,700.00 7118 INDIANA AVE N LEITSCHUH, VICTOR & MARY JANE 13372 27- 119 -21 -31 -0096 89637 $1,700.00 7112 INDIANA AVE N SEE, CHARLES & BERNICE 13372 27- 119 -21 -31 -0097 89637 $1,700.00 7100 INDIANA AVE N HENDRICKS, VAN & BARBARA 13372 27- 119 -21 -31 -0098 89637 $1,700.00 4112 71ST AVE N EDWARDS, JAMES & NONA Y. CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT CERTIFICATION ROLL WOODBINE STREET IMPROVEMENT PROJECT (95 -07) MUNICIPAL CODE NO. 22 Levy runs ten 10 ears LEVY PROPERTY ADDN. AMOUNT PROPERTY ASSESSED OWNER NAME NO. IDENTIFICATION NO. NO 13372 27- 119 -21 -31 -0099 89637 $1,700.00 4106 71 STAVE N ALMQUIST, JAMES 13372 27- 119 -21 -31 -0100 89637 $1,700.00 4213 WOODBINE LA SCHLUMBOHM, WILLIAM & CHRISTINA 13372 27- 119 -21 -31 -0101 89637 $1,700.00 4207 WOODBINE LA STUART, CLYDE & MARGARET 13372 27- 119 -21 -31 -0102 89637 $1,700.00 4201 WOODBINE LA KASA, CRAIG 13372 27- 119 -21 -31 -0103 89637 $1,700.00 7225 INDIANA AVE N HILKE, LEONARD & MARY 13372 27- 119 -21 -31 -0104 89637 $1,700.00 7219 INDIANA AVE N GLIRBAS, STEVE & CORRINE 13372 27- 119 -21 -31 -0105 89637 $1,700.00 7213 INDIANA AVE N LONG, STEPHEN & KAREN 13372 27- 119 -21 -31 -0106 89637 $1,700.00 7207 INDIANA AVE N KAMINSKI, JOHN & MARY 13372 27- 119 -21 -31 -0107 89637 $1,700.00 7201 INDIANA AVE N ACOSTA, PHILLIP 13372 27- 119 -21 -31 -0108 89637 $1,700.00 7131 INDIANA AVE N JOHNSON, MARCELLA 13372 27- 119 -21 -31 -0109 89637 $1,700.00 7125 INDIANA AVE N ROBINSON, JONATHAN 13372 27- 119 -21 -31 -0110 89637 $1,700.00 7119 INDIANA AVE N SIENKO, JERALD & BARBARA 13372 27- 119 -21 -31 -0111 89637 $1,700.00 7113 INDIANA AVE N HILL, ROBERT & BRENDA 13372 27- 119 -21 -31 -0112 89637 $1,700.00 4200 71 ST AVE N WILLIAMS, BOBBIE & YVONNE 13372 27- 119 -21 -31 -0113 89637 $1,700.00 4206 71 STAVE N STORE, THOMAS & DOROTHY 13372 27- 119 -21 -31 -0114 89637 $1,700.00 7124 JUNE AVE N LONDO, LAWRENCE & CAROLYN 13372 27- 119 -21 -31 -0115 89637 $1,700.00 7130 JUNE AVE N HATTENBERGER, ADRIAN & LOIS 13372 27- 119 -21 -31 -0116 89637 $1,700.00 7200 JUNE AVE N SKINNER, DONALD & BEVERLY 13372 27- 119 -21 -31 -0117 89637 $1,700.00 7206 JUNE AVE N STRAND, DONALD & BETTY 13372 27- 119 -21 -31 -0118 89637 $1,700.00 7212 JUNE AVE N LEWIS, DOUGLAS & KRISTIN 13372 27- 119 -21 -31 -0119 89637 $1,700.00 7218 JUNE AVE N KLICK, RICHARD 13372 27- 119 -21 -31 -0120 89637 $1 7224 JUNE AVE N DESCHENE LINDA • D CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT CERTIFICATION ROLL WOODBINE STREET IMPROVEMENT PROJECT (95 -07) MUNICIPAL CODE NO. 22 Levy runs ten 10 years LEVY PROPERTY ADDN. AMOUNT PROPERTY ASSESSED OWNER NAME NO. IDENTIFICATION NO. NO 13372 27- 119 -21 -31 -0121 89637 $3,400.00 4111 71 STAVE N CHURCH OF ST ALPHONSUS 7025 HALIFAX AVE N BROOKLYN CENTER, MN 55429 13372 27- 119 -21 -31 -0122 89637 $1,700.00 4119 71 STAVE N SPANIER, WILFRED & JANET 13372 27- 119 -21 -31 -0123 89637 $1,700.00 4201 71ST AVE N BISHOP, RICKY & JACQUELINE 13372 27- 119 -21 -31 -0124 89637 $1,700.00 4207 71 ST AVE N PETERSON, WILLIAM & BETTY 13372 27- 119 -21 -31 -0125 89637 $1,700.00 4213 71 ST AVE N MUNSON, DOROTHY 13372 27- 119 -21 -32 -0001 89027 $500.00 7230 NOBLE AVE N SHACKELFORD, LARRY & KIMBERLEE 13372 27- 119 -21 -32 -0002 89027 $500.00 7136 NOBLE AVE N CHRISTENSEN, ROSEMARY 13372 27- 119 -21 -32 -0004 89470 $1,500.00 B.C. METHODIST CHURCH 7200 BROOKLYN BLVD BROOKLYN CENTER, MN 55429 13372 27- 119 -21 -32 -0005 89633 $1,700.00 7230 LEE AVE N DEMEULES, ANDRE & LAVONNE 13372 27- 119 -21 -32 -0006 89633 $1,700.00 7224 LEE AVE N KUENSTING, GARY & MAVIS 13372 27- 119 -21 -32 -0007 89633 $1,700.00 7218 LEE AVE N WURL, ROBERT & AMY 13372 27- 119 -21 -32 -0008 89633 $1,700.00 7212 LEE AVE N MCFARLANE, RANDY MCFARLANE, CLAYTON & SHIRLEY 2210 SUGAR PINE DR CAMBRIDGE, MN 55008 13372 27- 119 -21 -32 -0009 89633 $1,700.00 7206 LEE AVE N OSBORN, GREGORY & PAMELA 13372 27- 119 -21 -32 -0010 89633 $1,700.00 7200 LEE AVE N RACETTE, TIMOTHY & DELORES 13372 27- 119 -21 -32 -0011 89633 $1,700.00 7130 LEE AVE N HARSTAD, JASON & TRACY 13372 27- 119 -21 -32 -0012 89633 $1,700.00 7124 LEE AVE N WILCOX, CLARKE & CLAIRE 13372 27- 119 -21 -32 -0013 89633 $1,700.00 7118 LEE AVE N ENERSON, TODD & SUSAN D CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT CERTIFICATION ROLL WOODBINE STREET IMPROVEMENT PROJECT (95 -07) MUNICIPAL CODE NO. 22 Levy runs ten 10 years LEVY PROPERTY ADDN. AMOUNT PROPERTYASSESSED OWNER NAME NO. IDENTIFICATION NO. NO 13372 27- 119 -21 -32 -0014 89633 $1,700.00 7112 LEE AVE N JAWORSKI, JIMMY 13372 27- 119 -21 -32 -0015 89633 $1,700.00 7100 LEE AVE N BERGREN, JAY & DEBRA 13372 27- 119 -21 -32 -0016 89633 $1,700.00 4406 71ST AVE N SATI, KHALDON & JENNIFER 13372 27- 119 -21 -32 -0017 89633 $1,700.00 7101 KYLE AVE N BECKEL, GARY & SANDRA 13372 27- 119 -21 -32 -0018 89633 $1,700.00 7230 MAJOR AVE N COULTER, JEFFREY & LISA 13372 27- 119 -21 -32 -0019 89633 $1,700.00 4519 WOODBINE LA KEMPF, JOHN & JANE 13372 27- 119 -21 -32 -0020 89633 $1,700.00 4513 WOODBINE LA DONKERS, JR WILLIAM & SUSAN 13372 27- 119 -21 -32 -0021 89633 $1,700.00 4507 WOODBINE LA MCCONVILLE, ROBERT & BARBARA 13372 27- 119 -21 -32 -0022 89633 $1,700.00 4501 WOODBINE LA PETERSON, JAMES & MARILYN i 13372 27- 119 -21 -32 -0023 89633 $1,700.00 7223 LEE AVE N KLOSTER, ROGER 13372 27- 119 -21 -32 -0024 89633 $1,700.00 7215 LEE AVE N THIELEN, LOIS 13372 27- 119 -21 -32 -0025 89633 $1,700.00 7207 LEE AVE N RICK, LOWELL & ROSEMARY 13372 27- 119 -21 -32 -0026 89633 $1,700.00 7201 LEE AVE N JOHNSTON, LARRY & VICTORIA 13372 27- 119 -21 -32 -0027 89633 $1,700.00 7131 LEE AVE N STAY, STANLEY & LILLIAN 13372 27- 119 -21 -32 -0028 89633 $1,700.00 7125 LEE AVE N NOONAN, FRANCIS & JOAN 13372 27- 119 -21 -32 -0029 89633 $1,700.00 7119 LEE AVE N BELAN, THERESA 13372 27- 119 -21 -32 -0030 89633 $1,700.00 7113 LEE AVE N JOHNSON, KEITH & CAROL 13372 27- 119 -21 -32 -0031 89633 $1,700.00 4500 71 ST AVE N LANDRY, CATHERINE 13372 27- 119 -21 -32 -0032 89633 $1,700.00 4506 71 STAVE N FRANK, KAY 13372 27- 119 -21 -32 -0033 89633 $1,700.00 7100 MAJOR AVE N HAGADORN, LUANNE 13372 27- 119 -21 -32 -0034 89633 $1,700.00 7112 MAJOR AVE N STANCEK, PATRICK & SHIRLEY 13372 27- 119 -21 -32 -0035 89633 $1,700.00 7118 MAJOR AVE N STROMBERG PAUL & LISA 0 — F D CITY OF BROOKLYN CENTER ` SPECIAL ASSESSMENT CERTIFICATION ROLL WOODBINE STREET IMPROVEMENT PROJECT (95 -07) MUNICIPAL CODE NO. 22 Levy runs ten 10 years LEVY PROPERTY ADDN. AMOUNT PROPERTY ASSESSED OWNER NAME NO. IDENTIFICATION NO. NO 13372 27- 119 -21 -32 -0036 89633 $1,700.00 7124 MAJOR AVE N KIEFNER, VERNON 13372 27- 119 -21 -32 -0037 89633 $1,700.00 7200 MAJOR AVE N HARRIMAN, GEORGE & MARGARET 13372 27- 119 -21 -32 -0038 89633 $1,700.00 7206 MAJOR AVE N SCHULER, SCOTT & PAT 13372 27- 119 -21 -32 -0039 89633 $1,700.00 7212 MAJOR AVE N PETERSON, DENNIS & KATHLEEN 13372 27- 119 -21 -32 -0040 89633 $1,700.00 7218 MAJOR AVE N HANRATTY, WILLIAM COLER, MARCIA 13372 27- 119 -21 -32 -0041 89633 $1,700.00 7224 MAJOR AVE N YELL, ERVIN 13372 27- 119 -21 -32 -0042 89633 $1,700.00 4601 WOODBINE LA REED, WILLIAM & LAURA 13372 27- 119 -21 -32 -0043 89633 $1,700.00 7225 MAJOR AVE N RAWSON, TERRANCE & WANDA I 13372 27- 119 -21 -32 -0044 89633 $1,700.00 7219 MAJOR AVE N MCDOLE, KELLY & PAMELA 13372 27- 119 -21 -32 -0045 89633 $1,700.00 7213 MAJOR AVE N DEVRIES, ROBERT & MABLE 13372 27- 119 -21 -32 -0046 89633 $1,700.00 7207 MAJOR AVE N PETERSON, ROGER & JOAN 13372 27- 119 -21 -32 -0047 89633 $1,700.00 7201 MAJOR AVE N HAUGSTAD, MICHAEL 13372 27- 119 -21 -32 -0048 89633 $500.00 7200 NOBLE AVE N LEDIN, PATRICIA 13372 27- 119 -21 -32 -0049 89633 $500.00 7206 NOBLE AVE N STELLBURG, KARINA STELLBURG, CARL & MARGARET 5012 71 ST AVE N BROOKLYN CENTER, MN 55429 13372 27- 119 -21 -32 -0050 89633 $500.00 7224 NOBLE AVE N FLEMISTER, EMMA 13372 27- 119 -21 -32 -0051 89633 $500.00 7218 NOBLE AVE N HOWELL, ALAN & LINDA 13372 27- 119 -21 -32 -0052 89633 $500.00 7236 NOBLE AVE N JONES, SONDRA 13372 27- 119 -21 -32 -0053 89633 $1,700.00 7125 MAJOR AVE N KNUTSON, MARLIN & DELORES 13372 27- 119 -21 -32 -0054 89633 $1,700.00 7119 MAJOR AVE N BANNISTER, LELAND & INEZ D CITY OF BROOKLYN CENTER 9 A SPECIAL ASSESSMENT CERTIFICATION ROLL WOODBINE STREET IMPROVEMENT PROJECT (95 -07) MUNICIPAL CODE NO. 22 Levy runs ten 10 years LEVY PROPERTY ADDN. AMOUNT PROPERTY ASSESSED OWNER NAME NO. IDENTIFICATION NO. NO 13372 27- 119 -21 -32 -0055 89633 $1,700.00 7113 MAJOR AVE N CEDERBERG, HERBERT & GLORIA 13372 27- 119 -21 -32 -0056 89633 $1,700.00 7107 MAJOR AVE N KIECKER- OLSON, KURT & AMY 13372 27- 119 -21 -32 -0057 89633 $1,700.00 7101 MAJOR AVE N STONE, PAUL & GAIL 13372 27- 119 -21 -32 -0058 89633 $1,700.00 4513 71ST AVE N HAARSTAD, KENNETH & JOAN 13372 27- 119 -21 -32 -0059 89633 $1,700.00 4507 71 ST AVE N PETROSKI, PHYLLIS 13372 27- 119 -21 -32 -0060 89633 $1,700.00 4501 71 ST AVE N KITCHIN, EDWARD & TAMMY 13372 27- 119 -21 -32 -0061 89633 $1,700.00 4419 71ST AVE N LINDIG, WILLIAM & KAYE 13372 27- 119 -21 -32 -0062 89633 $1,700.00 4413 71ST AVE N MCFARREN, DANNY & VICKI 13372 27- 119 -21 -32 -0063 89634 $1,700.00 4400 WOODBINE LA MCELROY, JOHN & ARLYS 13372 27- 119 -21 -32 -0064 89634 $1,700.00 4406 WOODBINE LA PARRIOTT, SHARON 13372 27- 119 -21 -32 -0065 89634 $1,700.00 4412 WOODBINE LA VARNER, SHIRLEY 13372 27- 119 -21 -32 -0066 89634 $1,700.00 4418 WOODBINE LA SMITH, BARBARA 13372 27- 119 -21 -32 -0067 89634 $1,700.00 4500 WOODBINE LA KRUSSOW GERALD 13372 27- 119 -21 -32 -0068 89634 $1,700.00 4506 WOODBINE LA HADDEN, JAMES & LINDA 13372 27- 119 -21 -32 -0069 89634 $1,700.00 4512 WOODBINE LA FEHLBERG, ROGER & DELORES 13372 27- 119 -21 -32 -0070 89634 $1,700.00 4518 WOODBINE LA ARMANDI, DENNIS 13372 27- 119 -21 -32 -0071 89634 $1,700.00 4524 WOODBINE LA KUCKENBECKER, RAYMOND & NANCY 13372 27- 119 -21 -32 -0072 89634 $1,700.00 4600 WOODBINE LA HAUGAN, KENT 13372 27- 119 -21 -32 -0073 89634 $1,700.00 4606 WOODBINE LA MILLER, DEAN & DIANNA 13372 27- 119 -21 -32 -0074 89634 $1,700.00 4612 WOODBINE LA FURLONG, JOAN 13372 27- 119 -21 -32 -0075 89634 $500.00 4618 WOODBINE LA HAGLUND, JR JOHN & BETTY 13372 27- 119 -21 -32 -0076 89634 $1,700.00 4401 WOODBINE LA PITSCHKA, WAYNE & GLORIA CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT CERTIFICATION ROLL WOODBINE STREET IMPROVEMENT PROJECT (95 -07) MUNICIPAL CODE NO. 22 Levy runs ten 10 years LEVY PROPERTY ADDN. AMOUNT PROPERTY ASSESSED OWNER NAME NO. IDENTIFICATION NO. NO 13372 27- 119 -21 -32 -0077 89634 $1,700.00 4407 WOODBINE LA LASMAN, LEONARD & KAY I 13372 27- 119 -21 -32 -0078 89634 $1,700.00 7225 KYLE AVE N GREGOR, JAMES & PATRICIA 13372 27- 119 -21 -32 -0079 89634 $1,700.00 7219 KYLE AVE N GUTENBERG, THEODORA 13372 27- 119 -21 -32 -0080 89634 $1,700.00 7213 KYLE AVE N ISCHE, EUGENE & SHIRLEY 13372 27- 119 -21 -32 -0081 89634 $1,700.00 7207 KYLE AVE N MCMANNERS, RICKEY & CHERYL 13372 27- 119 -21 -32 -0082 89634 $1,700.00 7201 KYLE AVE N MCLEAN, BRUCE I 13372 27- 119 -21 -32 -0083 89634 $1,700.00 7131 KYLE AVE N LITTLEFIELD, PHILIP & CAROL 13372 27- 119 -21 -32 -0084 89634 $1,700.00 7125 KYLE AVE N HOANG, LONG & LINDA 13372 27- 119 -21 -32 -0085 89634 $1,700.00 7119 KYLE AVE N LOHR, ROSE 13372 27- 119 -21 -32 -0086 89634 $1,700.00 7113 KYLE AVE N HALVERSON, DONALD & BERNICE 13372 27- 119 -21 -32 -0087 89634 $1,700.00 4313 WOODBINE LA JOHNSON, ERNEST & DARLENE 13372 27- 119 -21 -32 -0088 89634 $1,700.00 7224 KYLE AVE N BUDA, HELEN 13372 27- 119 -21 -32 -0089 89634 $1,700.00 7218 KYLE AVE N BONNES, DEBORAH 13372 27- 119 -21 -32 -0090 89634 $1,700.00 7212 KYLE AVE N WILLIAMS, CALVIN 1801 PENN AVE N MINNEAPOLIS, MN 55411 13372 27- 119 -21 -32 -0091 89634 $1,700.00 7206 KYLE AVE N JOHNSON, EDWARD & MARILYN 13372 27- 119 -21 -32 -0092 89634 $1,700.00 7200 KYLE AVE N COBB, CHRISTOPHR JUDITH 13372 27- 119 -21 -32 -0093 89634 $1,700.00 7130 KYLE AVE N ELIZABETH BLAKE ESTATE 13372 27- 119 -21 -32 -0094 89634 $1,700.00 7124 KYLE AVE N ROGERS, BONITA 13372 27- 119 -21 -32 -0095 89634 $1,700.00 7118 KYLE AVE N BJORKLUND, RUSSELL & DOROTHY 13372 27- 119 -21 -32 -0096 89634 $1,700.00 7112 KYLE AVE N PIEHOWSKI, FLORIAN & BARBARA D CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT CERTIFICATION ROLL WOODBINE STREET IMPROVEMENT PROJECT (95 -07) MUNICIPAL CODE NO. 22 Levy runs ten 10 years LEVY PROPERTY ADDN. AMOUNT PROPERTY ASSESSED OWNER NAME NO. IDENTIFICATION NO. NO 13372 27- 119 -21 -32 -0097 89634 $1,700.00 7100 KYLE AVE N PERSON, JAMES 13372 27- 119 -21 -32 -0099 89637 $1,700.00 4300 WOODBINE LA LEE, MICHAEL 13372 27- 119 -21 -32 -0100 89637 $1,700.00 4306 WOODBINE LA OLSON, STEVEN & CYNTHIA 13372 27- 119 -21 -32 -0101 89637 $1,700.00 4312 WOODBINE LA SIMPSON, SHIRLEY 13372 27- 119 -21 -32 -0102 89637 $1,700.00 4212 71 ST AVE N GRAHAM, MARY 13372 27- 119 -21 -32 -0103 89637 $1,700.00 7112 JUNE AVE N PANKOW, JEROME 13372 27- 119 -21 -32 -0104 89637 $1,700.00 7118 JUNE AVE N HAEG, JEROME & PATRICIA 13372 27- 119 -21 -32 -0105 89637 $1,700.00 4301 WOODBINE LA WADE, FREDERICK & ARLENE 13372 27- 119 -21 -32 -0106 89637 $1,700.00 4307 WOODBINE LA MILLER, JOSEPH LEONARD - MILLER, RUTH ELLEN 13372 27- 119 -21 -32 -0107 89637 $1,700.00 7225 JUNE AVE N OBRIEN, GARY & ELIZABETH i 13372 27- 119 -21 -32 -0108 89637 $1,700.00 7219 JUNE AVE N OCONNELL, DENNIS & JUNE 13372 27- 119 -21 -32 -0109 89637 $1,700.00 7213 JUNE AVE N ZWACK, RICHARD & MARILYN 13372 27- 119 -21 -32 -0110 89637 $1,700.00 7207 JUNE AVE N NAUMAN, NOEL & PATRICIA 13372 27- 119 -21 -32 -0111 89637 $1,700.00 7201 JUNE AVE N NELSON, ROBERT & JOYCE 13372 27- 119 -21 -32 -0112 89637 $1,700.00 7131 JUNE AVE N BOWER, JR CHARLES & BARBARA 13372 27- 119 -21 -32 -0113 89637 $1,700.00 7125 JUNE AVE N QUIGLEY, WILLIAM & JEAN 13372 27- 119 -21 -32 -0114 89637 $1,700.00 7119 JUNE AVE N JOHNSON, EUGENE & MARLENE 13372 27- 119 -21 -32 -0115 89637 $1,700.00 7113 JUNE AVE N DALTON, THOMAS & DOROTHY 13372 27- 119 -21 -32 -0116 89637 $1,700.00 4300 71 STAVE N HERZOG, BEVERLY 13372 27- 119 -21 -32 -0117 89637 $1,700.00 4306 71ST AVE N HOVER, ALLEN 1 13372 27- 119 -21 -32 -0118 89637 $1,700.00 4219 71ST AVE N PAWLOWSKI, JOSEPH & GERALDINE CITY OF bROOKLYN CENTER ' SPECIAL ASSESSMENT CERTIFICATION ROLL WOODBINE STREET IMPROVEMENT PROJECT (95 -07) MUNICIPAL CODE NO. 22 Levy runs ten 10 years LEVY PROPERTY ADDN. AMOUNT PROPERTY ASSESSED OWNER NAME NO. IDENTIFICATION NO. NO 13372 27- 119 -21 -32 -0119 89637 $1,700.00 4301 71ST AVE N BUCZAK, RUDOLPH & MARGIE ' 13372 27- 119 -21 -32 -0120 89637 $1,700.00 4307 71ST AVE N MILLER, WM & BARBARA 13372 27- 119 -21 -32 -0121 89637 $1,700.00 4313 71 ST AVE N GABRIEL, MAE 13372 27- 119 -21 -32 -0122 89637 $1,700.00 4319 71 ST AVE N MARTINSON, MELVIN & ELEANOR 13372 27- 119 -21 -32 -0123 89637 $1,700.00 4401 71 ST AVE N MIDTAUNE, JOANNE 13372 27- 119 -21 -32 -0124 89637 $1,700.00 4407 71 ST AVE N GAGNON, MARCEL 13372 27- 119 -21 -34 -0023 89258 $1,700.00 4001 71 STAVE N WILLIS, JAMES & KARLA 13372 27- 119 -21 -34 -0081 89661 $1,700.00 3909 71ST AVE N MILLER, RICHARD & DOROTHY 13372 28- 119 -21 -41 -0004 89101 $250.00 7301 NOBLE AVE N SCHUTT, CATHERINE 13372 28- 119 -21 -41 -0005 89101 $500.00 7235 NOBLE AVE N JOHNSON, KEVIN 13372 28- 119 -21 -41 -0139 90110 $500.00 7227 NOBLE AVE N NELSON, ROBERT i 13372 28- 119 -21 -41 -0140 90110 $1,700.00 4706 WINGARD LA GARRETT, MAX & MAXINE 13372 28- 119 -21 -41 -0141 90110 $1,700.00 4710 WINGARD LA STORK, PETER & CATHERINE 13372 28- 119 -21 -41 -0145 90110 $500.00 7221 NOBLE AVE N MARKETON, RAYMOND & GERALDINE j 13372 28- 119 -21 -41 -0146 90110 $1,700.00 4707 WINGARD LA SZULGA, WLADYMYR & JADWIGA 13372 28- 119 -21 -41 -0147 90110 $1,700.00 4715 WINGARD LA HOFFMAN,KATHRYN & MICHAEL 13372 28- 119 -21 -41 -0148 90110 $1,700.00 4721 WINGARD LA MAEGI, BERNHARD & ELEANORE 13372 28- 119 -21 -41 -0149 90110 $1,700.00 4727 WINGARD LA LITFIN, JEFFREY & TRACEY 13372 28- 119 -21 -41 -0205 00067 $1,700.00 7216 BROOKLYN BLVD LUTGEN, GREGORY 13372 28- 119 -21 -41- 0206 00067 $1,700.00 4720 WINGARD LA BARKER, PHILIP & RITA 13372 28- 119 -21 -41- 0207 00067 $1,700.00 4714 WINGARD LA GOERING, EUGENE & CAROLYN 13372 28- 119 -21 -41 -0214 04658 $3,000.00 7200 BROOKLYN BLVD B.C. METHODIST CHURCH - h U CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT CERTIFICATION ROLL WOODBINE STREET IMPROVEMENT PROJECT (95 -07) MUNICIPAL CODE NO. 22 Levy runs ten 10 years LEVY PROPERTY ADDN. AMOUNT PROPERTY ASSESSED OWNER NAME NO. IDENTIFICATION NO. NO TOTAL $408,050.00 II I I I CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT ROLL MM LA March 27, 1994 PROJECT INFORMATION LEVY INFORMATION Improvement Project No.: 1995 -08 Levy No.: 13373 Description: Storm Sewer Improvements - Woodbine Area Fund /Code No.: Levy Description: STREET CONST 95 -08 Location: Includes 71 st Avenue and all public streets between 71st Avenue and the north city limits, lying east of Levy runs ten (10) years at an interest rate of Noble Ave and west of France Ave seven (7) percent. First payment, with property taxes payable in 1996 Improvement Hearing Date: March 27, 1995 shall include fifteen (15) whole months' interest. Improvement Ordered On: Date of Assessment Hearing: March 27, 1994 By Resolution No.: Adopted On: Assessment District: By Resolution No.: Method of Apportionment: Corrections Deletions Or Deferments: Cost Summary From Resolution No: TOTAL IMPROVEMENT COST: $500,050.00 Less Direct City Share: Less Other Payments: TOTAL TO BE ASSESSED: City Property: Other Public Property: Private Property: $163,125.00 Q CITY OF BROOKLYN CENTER 0 1 SPECIAL ASSESSMENT CERTIFICATION ROLL WOODBINE STREET IMPROVEMENT PROJECT (95 -08) MUNICIPAL CODE NO. 22 Levy runs ten (10) years LEVY PROPERTY ADDN. AMOUNT PROPERTY ASSESSED OWNER NAME NO. IDENTIFICATION NO. NO 13373 27- 119 -21 -31 -0009 89256 $725.00 3908 72ND AVE N WILSON, ALMA 13373 27- 119 -21 -31 -0010 89256 $725.00 7206 GRIMES AVE N STIER, ROBERT & DEBRA 13373 27- 119 -21 -31 -0011 89256 $725.00 7212 GRIMES AVE N OBERMBT, RUSSELL & MARLA 13373 27- 119 -21 -31 -0012 89256 $725.00 7218 GRIMES AVE N DAHLGREN, SUSAN 13373 27- 119 -21 -31 -0013 89256 $725.00 7224 GRIMES AVE N GURBAN, RAYMOND & BETTY 13373 27- 119 -21 -31 -0014 89256 $725.00 7230 GRIMES AVE N BACHMANN, JAMES i 13373 27- 119 -21 -31 -0015 89256 $725.00 7236 GRIMES AVE N JOHNSON, W. LAVERNE 13373 27- 119 -21 -31 -0016 89256 $725.00 7242 GRIMES AVE N INADA, CONSTANCE INADA, KENNETH 4925 MAPLE LN AUBURN WA 98002 13373 27- 119 -21 -31 -0017 89256 $725.00 7243 GRIMES AVE N LANGREN, DUANE & PAMELA 13373 27- 119 -21 -31 -0018 89256 $725.00 7237 GRIMES AVE N JORPELAND, LOIS 13373 27- 119 -21 -31 -0019 89256 $725.00 7231 GRIMES AVE N ST DENNIS, THOMAS & JANICE 13373 27- 119 -21 -31 -0020 89256 $725.00 7225 GRIMES AVE N WESTERMAN, FRED & EVELYN 13373 27- 119 -21 -31 -0021 89256 $725.00 7219 GRIMES AVE N ROOP, DAVID 13373 27- 119 -21 -31 -0022 89256 $725.00 7213 GRIMES AVE N PESTA, HANLEY & LEA 13373 27- 119 -21 -31 -0023 89256 $725.00 7207 GRIMES AVE N HOLMES, MARK & MARJORIE 13373 27- 119 -21 -31 -0024 89256 $725.00 4000 72ND AVE N MILLER, WAYNE & DARLENE CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT CERTIFICATION ROLL WOODBINE STREET IMPROVEMENT PROJECT (95 -08j LD MUNICIPAL CODE NO. 22 Levy runs ten (10 ) years LEVY PROPERTY ADDN. AMOUNT PROPERTY ASSESSED OWNER NAME NO. IDENTIFICATION NO. NO 13373 27- 119 -21 -31 -0025 89256 $725.00 4008 72ND AVE N STENGER FRANCIS 13373 27- 119 -21 -31 -0026 89256 $725.00 7206 HALIFAX AVE N ANDERL, FRANCIS & JANET 13373 27- 119 -21 -31 -0027 89256 $725.00 7212 HALIFAX AVE N PLANTE, J THOMAS & JOSEPHINE 13373 27- 119 -21 -31 -0028 89256 $725.00 7218 HALIFAX AVE N BERGERON, JAY& GERALDINE 13373 27- 119 -21 -31 -0029 89256 $725.00 7224 HALIFAX AVE N CHU, MARK & CHANG, CECILIA 13373 27- 119 -21 -31 -0030 89256 $725.00 7230 HALIFAX AVE N MANASKI, MARK & KRISTINE 13373 27- 119 -21 -31 -0031 89256 $725.00 7236 HALIFAX AVE N THIBODEAU, EMERICK & YVONNE 13373 27- 119 -21 -31 -0032 89256 $725.00 4009 73RD AVE N JINDRA, RICHARD & JOAN 13373 27- 119 -21 -31 -0033 89256 $725.00 4001 72ND AVE N THELEN, DENNIS & KATHLEEN I 13373 27- 119 -21 -31 -0034 89256 $725.00 7137 GRIMES AVE N LEACH, ROBERT & KATHERINE 13373 27- 119 -21 -31 -0035 89256 $725.00 7131 GRIMES AVE N BOHLIN, VIRGIL & KAREN 13373 27- 119 -21 -31 -0036 89256 $725.00 7125 GRIMES AVE N CAMPBELL, JOHN & JEANNE 13373 27- 119 -21 -31 -0037 89256 $725.00 7119 GRIMES AVE N SCHEILLER,CECIL & LEONA 13373 27- 119 -21 -31 -0038 89256 $725.00 7113 GRIMES AVE N GROETTUM, RICHARD & SHIRLEY 13373 27- 119 -21 -31 -0039 89256 $725.00 7107 GRIMES AVE N TOOLEY, LEO & CYNTHIA 13373 27- 119 -21 -31 -0040 89256 $725.00 4000. 71 ST AVE N UHEY, EARNEST & VICTORIA 13373 27- 119 -21 -31 -0041 89256 $725.00 4008 71 ST AVE N BREYEN, LEONARD & CHERYL 13373 27- 119 -21 -31 -0042 89256 $725.00 7106 HALIFAX AVE N JOHNSON, LISA & TIMOTHY 3328 173RD LANE NW a � CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT CERTIFICATION ROLL WOODBINE STREET IMPROVEMENT PROJECT (95 -08) MUNICIPAL CODE NO. 22 Levy runs ten 10) years LEVY PROPERTY ADDN. AMOUNT PROPERTY ASSESSED OWNER NAME NO. IDENTIFICATION NO. NO ANDOVER, MN 55304 13373 27- 119 -21 -31 -0043 89256 $725.00 7112 HALIFAX AVE N DORLAND, CHARLES & NANCY 13373 27- 119 -21 -31 -0044 89256 $725.00 7118 HALIFAX AVE N HAUGEN, MICHAEL & KATHLEEN 13373 27- 119 -21 -31 -0045 89256 $725.00 7124 HALIFAX AVE N THATCHER, ROBERT & KAREN 13373 27- 119 -21 -31 -0046 89256 $725.00 7130 HALIFAX AVE N JOHNSON, MARCELLA 13373 27- 119 -21 -31 -0047 89256 $725.00 7136 HALIFAX AVE N LARSON, MICHAEL 13373 27- 119 -21 -31 -0048 89256 $725.00 7142 HALIFAX AVE N OLSON, LLOYD & IONE 13373 27- 119 -21 -31 -0057 89256 $725.00 7100 GRIMES AVE N LUBBE, ROBERT & RUTH 13373 27- 119 -21 -31 -0058 89256 $725.00 7106 GRIMES AVE N WEBER, GILBERT & LAVERNE 13373 27- 119 -21 -31 -0059 89256 $725.00 7112 GRIMES AVE N DUPRE, MICHAEL & JULIE I 13373 27- 119 -21 -31 -0060 89256 $725.00 7118 GRIMES AVE N ERICKSON, GOTTFRID & KATHRYN 13373 27- 119 -21 -31 -0061 89256 $725.00 7124 GRIMES AVE N LENEAU, PETER & CLAUDIA 13373 27- 119 -21 -31 -0062 89256 $725.00 7130 GRIMES AVE N WEISS, TIMOTHY & JULIE 13373 27- 119 -21 -31 -0063 89256 $725.00 7136 GRIMES AVE N HEDSTROM, GARY & SUZANNE 13373 27- 119 -21 -31 -0064 89256 $725.00 7142 GRIMES AVE N HAMMER, ROBERT 13373 27- 119 -21 -31 -0065 89632 $725.00 4101 WOODBINE LA RATHMANNER, CARLA 13373 27- 119 -21 -31 -0066 89632 $725.00 7225 HALIFAX AVE N SKOWRONEK, WILLIAM 13373 27- 119 -21 -31 -0067 89632 $725.00 7219 HALIFAX AVE N CRONBERG, GOLDINE 0 K7. CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT CERTIFICATION ROLL WOODBINE STREET IMPROVEMENT PROJECT (95 -08) MUNICIPAL CODE NO. 22 Levy runs ten (10 ) years LEVY PROPERTY ADDN. AMOUNT PROPERTY ASSESSED OWNER NAME NO. IDENTIFICATION NO. NO 13373 27- 119 -21 -31 -0068 89632 $725.00 7213 HALIFAX AVE N LIEN, JEROME & REBECCA 13373 27- 119 -21 -31 -0069 89632 $725.00 7207 HALIFAX AVE N PHILLIPS, ROBERT JR & PATRICIA 13373 27- 119 -21 -31 -0070 89632 $725.00 7201 HALIFAX AVE N HAGSTROM, JAMES & RUTH 13373 27- 119 -21 -31 -0071 89632 $725.00 7143 HALIFAX AVE N BUDACH, MARVIN 13373 27- 119 -21 -31 -0072 89632 $725.00 7137 HALIFAX AVE N ELLIS, GARY & JOYCE 13373 27- 119 -21 -31 -0073 89632 $725.00 7131 HALIFAX AVE N GUDMUNDSEN, JOAN 13373 27- 119 -21 -31 -0074 89632 $725.00 7125 HALIFAX AVE N DUDA, ROBERT & JUDITH 13372 27- 119 -21 -31 -0075 89632 $725.00 7119 HALIFAX AVE N HAGEMANN, RALPH & JOAN 13373 27- 119 -21 -31 -0076 89632 $725.00 7113 HALIFAX AVE N STEFFEN, CHRISTINE 13373 27- 119 -21 -31 -0077 89632 $725.00 7107 HALIFAX AVE N KANE, J CHARLES & SHARON 13373 27- 119 -21 -31 -0078 89632 $725.00 4100 71ST AVE N JESTUS, MARY & JANE 13373 27- 119 -21 -31 -0079 89637 $725.00 4100 WOODBINE LA GREEN, JR WILLIAM MERILYN 13373 27- 119 -21 -31 -0080 89637 $725.00 4106 WOODBINE LA O'CONNELL, DANIEL & KAREN 13373 27- 119 -21 -31 -0081 89637 $725.00 4112 WOODBINE LA BERGQUIST WENDY 650 DODGE AVE ELK RIVER, MN 55330 13373 27- 119 -21 -31 -0082 89637 $725.00 4118 WOODBINE LA AMSLER, WALLACE & CAROL 13373 27- 119 -21 -31 -0083 89637 $725.00 4200 WOODBINE LA HEER, WILLIAM & JOHANNA 13373 27- 119 -21 -31 -0084 89637 $725.00 4206 WOODBINE LA CHERRIER, DOLORES CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT CERTIFICATION ROLL DO m I v WOODBINE STREET IMPROVEMENT PROJECT (95 -08) MUNICIPAL CODE NO. 22 Levy runs ten 10) years LEVY PROPERTY ADDN. AMOUNT PROPERTY ASSESSED OWNER NAME N O. I DE N T IF ICATION N O. N 13373 27- 119 -21 -31 -0085 89637 $725.00 4212 WOODBINE LA SAX, RALPH & SANDRA 13373 27- 119 -21 -31 -0086 89637 $725.00 4218 WOODBINE LA GUSTAFSON, PHILIP & CAROL 13373 27- 119 -21 -31 -0087 89637 $725.00 7230 INDIANA AVE N STEVENS, THOMAS & MAYELA 13373 27- 119 -21 -31 -0088 89637 $725.00 7224 INDIANA AVE N PETERSON, LEONARD & RENEE 13373 27- 119 -21 -31 -0089 89637 $725.00 7218 INDIANA AVE N FOLWARSKI, FRANK & JOYCE 13373 27- 119 -21 -31 -0090 89637 $725.00 7212 INDIANA AVE N HALLMAN, GERALD & JEAN 13373 27- 119 -21 -31 -0091 89637 $725.00 7206 INDIANA AVE N JOHNSON, DAVID KATHLEEN 13373 27- 119 -21 -31 -0092 89637 $725.00 7200 INDIANA AVE N GRAF, GERALD & BARBARA 13373 27- 119 -21 -31 -0093 89637 $725.00 7130 INDIANA AVE N WALLICK, BERYL & RONALD 13373 27- 119 -21 -31 -0094 89637 $725.00 7124 INDIANA AVE N SKARE, JAMES 13373 27- 119 -21 -31 -0095 89637 $725.00 7118 INDIANA AVE N LEITSCHUH, VICTOR & MARY JANE 13373 27- 119 -21 -31 -0096 89637 $725.00 7112 INDIANA AVE N SEE, CHARLES & BERNICE 13373 27- 119 -21 -31 -0097 89637 $725.00 7100 INDIANA AVE N HENDRICKS, VAN & BARBARA 13373 27- 119 -21 -31 -0098 89637 $725.00 4112 71ST AVE N EDWARDS, JAMES & NONA 13373 27- 119 -21 -31 -0099 89637 $725.00 4106 71 ST AVE N ALMQUIST, JAMES 13373 27- 119 -21 -31 -0100 89637 $725.00 4213 WOODBINE LA SCHLUMBOHM, WILLIAM & CHRISTINA 13373 27- 119 -21 -31 -0101 89637 $725.00 4207 WOODBINE LA STUART, CLYDE & MARGARET 13373 27- 119 -21 -31 -0102 89637 $725.00 4201 WOODBINE LA KASA, CRAIG i i i • CITY OF BROOKLYN CENTER i SPECIAL ASSESSMENT CERTIFICATION ROLL D WOODBINE STREET IMPROVEMENT PROJECT (95 -08) MUNICIPAL CODE NO. 22 Levy runs ten (10) years LEVY PROPERTY ADDN. AMOUNT PROPERTY ASSESSED OWNER NAME NO. IDENTIFICATION NO. NO 13373 27- 119 -21 -31 -0103 89637 $725.00 7225 INDIANA AVE N HILKE, LEONARD & MARY 13373 27- 119 -21 -31 -0104 89637 $725.00 7219 INDIANA AVE N GLIRBAS, STEVE & CORRINE 13373 27- 119 -21 -31 -0105 89637 $725.00 7213 INDIANA AVE N LONG, STEPHEN & KAREN 13373 27- 119 -21 -31 -0106 89637 $725.00 7207 INDIANA AVE N KAMINSKI, JOHN & MARY 13373 27- 119 -21 -31 -0107 89637 $725.00 7201 INDIANA AVE N ACOSTA, PHILLIP 13373 27- 119 -21 -31 -0108 89637 $725.00 7131 INDIANA AVE N JOHNSON, MARCELLA 13373 27- 119 -21 -31 -0109 89637 $725.00 7125 INDIANA AVE N ROBINSON, JONATHAN 13373 27- 119 -21 -31 -0110 89637 $725.00 7119 INDIANA AVE N SIENKO, JERALD & BARBARA 13373 27- 119 -21 -31 -0111 89637 $725.00 7113 INDIANA AVE N HILL, ROBERT & BRENDA 13373 27- 119 -21 -31 -0112 89637 $725.00 4200 71ST AVE N WILLIAMS, BOBBIE & YVONNE 13373 27- 119 -21 -31 -0113 89637 $725.00 4206 71ST AVE N STORIE, THOMAS & DOROTHY 13373 27- 119 -21 -31 -0114 89637 $725.00 7124 JUNE AVE N LONDO, LAWRENCE & CAROLYN 13373 27- 119 -21 -31 -0115 89637 $725.00 7130 JUNE AVE N HATTENBERGER, ADRIAN & LOIS 13373 27- 119 -21 -31 -0116 89637 $725.00 7200 JUNE AVE N SKINNER, DONALD & BEVERLY 13373 27- 119 -21 -31 -0117 89637 $725.00 7206 JUNE AVE N STRAND, DONALD & BETTY 13373 27- 119 -21 -31 -0118 89637 $725.00 7212 JUNE AVE N LEWIS, DOUGLAS & KRISTIN 13373 27- 119 -21 -31 -0119 89637 $725.00 7218 JUNE AVE N KLICK, RICHARD 13373 27- 119 -21 -31 -0120 89637 $725.00 7224 JUNE AVE N DESCHENE, LINDA o CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT CERTIFICATION ROLL WOODBINE STREET IMPROVEMENT PROJECT (95 -08) MUNICIPAL CODE NO. 22 Levy runs ten (10) years LEVY PROPERTY ADDN. AMOUNT PROPERTY ASSESSED OWNER NAME NO. IDENTIFICATION NO. NO I- 13373 27- 119 -21 -31 -0121 89637 $1,450.00 4111 71 STAVE N CHURCH OF STALPHONSUS 7025 HALIFAX AVE N BROOKLYN CENTER, MN 55429 13373 27- 119 -21 -31 -0122 89637 $725.00 4119 71ST AVE N SPANIER, WILFRED & JANET 13373 27- 119 -21 -31 -0123 89637 $725.00 4201 71ST AVE N BISHOP, RICKY & JACQUELINE 13373 27- 119 -21 -31 -0124 89637 $725.00 4207 71 ST AVE N PETERSON, WILLIAM & BETTY 13373 27- 119 -21 -31 -0125 89637 $725.00 4213 71 ST AVE N MUNSON, DOROTHY 13373 27- 119 -21 -32 -0004 89470 B.C. METHODIST CHURCH 7200 BROOKLYN BLVD BROOKLYN CENTER, MN 55429 13373 27- 119 -21 -32 -0005 89633 $725.00 7230 LEE AVE N DEMEULES, ANDRE & LAVONNE 13373 27- 119 -21 -32 -0006 89633 $725.00 7224 LEE AVE N KUENSTING, GARY & MAVIS 13373 27- 119 -21 -32 -0007 89633 $725.00 7218 LEE AVE N WURL, ROBERT & AMY 13373 27- 119 -21 -32 -0008 89633 $725.00 7212 LEE AVE N MCFARLANE, RANDY MCFARLANE, CLAYTON & SHIRLEY 2210 SUGAR PINE DR CAMBRIDGE, MN 55008 13373 27- 119 -21 -32 -0009 89633 $725.00 7206 LEE AVE N OSBORN, GREGORY & PAMELA 13373 27- 119 -21 -32 -0010 89633 $725.00 7200 LEE AVE N RACETTE, TIMOTHY & DELORES 13373 27- 119 -21 -32 -0011 89633 $725.00 7130 LEE AVE N HARSTAD, JASON & TRACY 13373 27- 119 -21 -32 -0012 89633 $725.00 7124 LEE AVE N WILCOX, CLARKE & CLAIRE CITY OF BROOKLYN CENTER 0 SPECIAL ASSESSMENT CERTIFICATION ROLL D WOODBINE STREET IMPROVEMENT PROJECT (95 -08) MUNICIPAL CODE NO. 22 Levy runs ten (10 ) years LEVY PROPERTY ADDN. AMOUNT PROPERTY ASSESSED OWNER NAME NO. IDENTIFICATION NO. NO 13373 27- 119 -21 -32 -0013 89633 $725.00 7118 LEE AVE N ENERSON, TODD & SUSAN 13373 27- 119 -21 -32 -0014 89633 $725.00 7112 LEE AVE N JAWORSKI, JIMMY 13373 27- 119 -21 -32 -0015 89633 $725.00 7100 LEE AVE N BERGREN, JAY & DEBRA 13373 27- 119 -21 -32 -0016 89633 $725.00 4406 71 ST AVE N SATI, KHALDON & JENNIFER 13373 27- 119 -21 -32 -0017 89633 $725.00 7101 KYLE AVE N BECKEL, GARY & SANDRA 13373 27- 119 -21 -32 -0018 89633 $725.00 7230 MAJOR AVE N COULTER, JEFFREY & LISA 13373 27- 119 -21 -32 -0019 89633 $725.00 4519 WOODBINE LA KEMPF, JOHN & JANE 13373 27- 119 -21 -32 -0020 89633 $725.00 4513 WOODBINE LA DONKERS, JR WILLIAM & SUSAN 13373 27- 119 -21 -32 -0021 89633 $725.00 4507 WOODBINE LA MCCONVILLE, ROBERT & BARBARA 13373 27- 119 -21 -32 -0022 89633 $725.00 4501 WOODBINE LA PETERSON, JAMES & MARILYN 13373 27- 119 -21 -32 -0023 89633 $725.00 7223 LEE AVE N KLOSTER, ROGER 13373 27- 119 -21 -32 -0024 89633 $725.00 7215 LEE AVE N THIELEN, LOIS 13373 27- 119 -21 -32 -0025 89633 $725.00 7207 LEE AVE N RICK, LOWELL & ROSEMARY 13373 27- 119 -21 -32 -0026 89633 $725.00 7201 LEE AVE N JOHNSTON, LARRY & VICTORIA 13373 27- 119 -21 -32 -0027 89633 $725.00 7131 LEE AVE N STAY, STANLEY & LILLIAN 13373 27- 119 -21 -32 -0028 89633 $725.00 7125 LEE AVE N NOONAN, FRANCIS & JOAN 13373 27- 119 -21 -32 -0029 89633 $725.00 7119 LEE AVE N BELAN, THERESA 13373 27- 119 -21 -32 -0030 89633 $725.00 7113 LEE AVE N JOHNSON, KEITH & CAROL D CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT CERTIFICATION ROLL WOODBINE STREET IMPROVEMENT PROJECT (95 -08) MUNICIPAL CODE NO. 22 Levy runs ten (10) years LB - N - 1 — EVY PROPERTY ADDN. AMOUNT PROPERTY ASSESSED OWNER NAME NO. IDENTIFICATION NO. NO 13373 27- 119 -21 -32 -0031 89633 $725.00 4500 71STAVE N LANDRY, CATHERINE 13373 27- 119 -21 -32 -0032 89633 $725.00 4506 71ST AVE N FRANK, KAY 13373 27- 119 -21 -32 -0033 89633 $725.00 7100 MAJOR AVE N HAGADORN, LUANNE 13373 27- 119 -21 -32 -0034 89633 $725.00 7112 MAJOR AVE N STANCEK, PATRICK & SHIRLEY 13373 27- 119 -21 -32 -0035 89633 $725.00 7118 MAJOR AVE N STROMBERG, PAUL & LISA 13373 27- 119 -21 -32 -0036 89633 $725.00 7124 MAJOR AVE N KIEFNER, VERNON 13373 27- 119 -21 -32 -0037 89633 $725.00 7200 MAJOR AVE N HARRIMAN, GEORGE & MARGARET 13373 27- 119 -21 -32 -0038 89633 $725.00 7206 MAJOR AVE N SCHULER, SCOTT & PAT I 13373 27- 119 -21 -32 -0039 89633 $725.00 7212 MAJOR AVE N PETERSON, DENNIS & KATHLEEN 13373 27- 119 -21 -32 -0040 89633 $725.00 7218 MAJOR AVE N HANRATTY, WILLIAM COLER, MARCIA 13373 27- 119 -21 -32 -0041 89633 $725.00 7224 MAJOR AVE N YELL, ERVIN 13373 27- 119 -21 -32 -0042 89633 $725.00 4601 WOODBINE LA REED, WILLIAM & LAURA 13373 27- 119 -21 -32 -0043 89633 $725.00 7225 MAJOR AVE N RAWSON, TERRANCE & WANDA 13373 27- 119 -21 -32 -0044 89633 $725.00 7219 MAJOR AVE N MCDOLE, KELLY & PAMELA 13373 27- 119 -21 -32 -0045 89633 $725.00 7213 MAJOR AVE N DEVRIES, ROBERT & MABLE 13373 27- 119 -21 -32 -0046 89633 $725.00 7207 MAJOR AVE N PETERSON, ROGER & JOAN 13373 27- 119 -21 -32 -0047 89633 $725.00 7201 MAJOR AVE N HAUGSTAD, MICHAEL 13373 27- 119 -21 -32 -0053 89633 $725,00 7125 MAJOR AVE N KNUTSON MARLIN & DELORES 0 . . • is 0 • a CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT CERTIFICATION ROLL WOODBINE STREET IMPROVEMENT PROJECT (95 -08) MUNIC CODE NO . 22 Levy runs ten 10 ears LEVY PROPERTY ADDN. AMOUNT PROPERTY ASSESSED OWNER NAME NO. IDENTIFICATION NO. NO 13373 27- 119 -21 -32 -0054 89633 $725.00 7119 MAJOR AVE N BANNISTER, LELAND & INEZ 13373 27- 119 -21 -32 -0055 89633 $725.00 7113 MAJOR AVE N CEDERBERG, HERBERT & GLORIA 13373 27- 119 -21 -32 -0056 89633 $725.00 7107 MAJOR AVE N KIECKER- OLSON, KURT & AMY 13373 27- 119 -21 -32 -0057 89633 $725.00 7101 MAJOR AVE N STONE, PAUL & GAIL 13373 27- 119 -21 -32 -0058 89633 $725.00 4513 71 ST AVE N HAARSTAD, KENNETH & JOAN 13373 27- 119 -21 -32 -0059 89633 $725.00 4507 71 ST AVE N PETROSKI, PHYLLIS 13373 27- 119 -21 -32 -0060 89633 $725.00 4501 71 ST AVE N KITCHIN, EDWARD & TAMMY 13373 27- 119 -21 -32 -0061 89633 $725.00 4419 71 ST AVE N LINDIG, WILLIAM & KAYE 13373 27- 119 -21 -32 -0062 89633 $725.00 4413 71ST AVE N MCFARREN, DANNY & VICKI 13373 27- 119 -21 -32 -0063 89634 $725.00 4400 WOODBINE LA MCELROY, JOHN & ARLYS 13373 27- 119 -21 -32 -0064 89634 $725.00 4406 WOODBINE LA PARRIOTT, SHARON 13373 27- 119 -21 -32 -0065 89634 $725.00 4412 WOODBINE LA VARNER, SHIRLEY 13373 27- 119 -21 -32 -0066 89634 $725.00 4418 WOODBINE LA SMITH, BARBARA 13373 27- 119 -21 -32 -0067 89634 $725.00 4500 WOODBINE LA KRUSSOW GERALD 13373 27- 119 -21 -32 -0068 89634 $725.00 4506 WOODBINE LA HADDEN, JAMES & LINDA 13373 27- 119 -21 -32 -0069 89634 $725.00 4512 WOODBINE LA FEHLBERG, ROGER & DELORES 13373 27- 119 -21 -32 -0070 89634 $725.00 4518 WOODBINE LA ARMANDI, DENNIS 13373 27- 119 -21 -32 -0071 89634 $725.00 4524 WOODBINE LA KUCKENBECKER RAYMOND & NANCY o � CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT CERTIFICATION ROLL WOODBINE STREET IMPROVEMENT PROJECT (95 -08) MUNICIPAL CODE NO. 22 Levy runs ten 10) years LEVY PROPERTY ADDN. AMOUNT PROPERTY ASSESSED OWNER NAME NO. IDENTIFICATION NO. NO 13373 27- 119 -21 -32 -0072 89634 $725.00 4600 WOODBINE LA HAUGAN, KENT 13373 27- 119 -21 -32 -0073 89634 $725.00 4606 WOODBINE LA MILLER, DEAN & DIANNA 13373 27- 119 -21 -32 -0074 89634 $725.00 4612 WOODBINE LA FURLONG, JOAN 13373 27- 119 -21 -32 -0076 89634 $725.00 4401 WOODBINE LA PITSCHKA, WAYNE & GLORIA 13373 27- 119 -21 -32 -0077 89634 $725.00 4407 WOODBINE LA LASMAN, LEONARD & KAY 13373 27- 119 -21 -32 -0078 89634 $725.00 7225 KYLE AVE N GREGOR, JAMES & PATRICIA 13373 27- 119 -21 -32 -0079 89634 $725.00 7219 KYLE AVE N GUTENBERG, THEODORA 13373 27- 119 -21 -32 -0080 89634 $725.00 7213 KYLE AVE N ISCHE, EUGENE & SHIRLEY 13373 27- 119 -21 -32 -0081 89634 $725.00 7207 KYLE AVE N MCMANNERS, RICKEY & CHERYL I 13373 27- 119 -21 -32 -0082 89634 $725.00 7201 KYLE AVE N MCLEAN, BRUCE 13373 27- 119 -21 -32 -0083 89634 $725.00 7131 KYLE AVE N LITTLEFIELD, PHILIP & CAROL l 13373 27- 119 -21 -32 -0084 89634 $725.00 7125 KYLE AVE N HOANG, LONG & LINDA 13373 27- 119 -21 -32 -0085 89634 $725.00 7119 KYLE AVE N LOHR, ROSE 13373 27- 119 -21 -32 -0086 89634 $725.00 7113 KYLE AVE N HALVERSON, DONALD & BERNICE 13373 27- 119 -21 -32 -0087 89634 $725.00 4313 WOODBINE LA JOHNSON, ERNEST & DARLENE 13373 27- 119 -21 -32 -0088 89634 $725.00 7224 KYLE AVE N BUDA, HELEN 13373 27- 119 -21 -32 -0089 89634 $725.00 7218 KYLE AVE N BONNES, DEBORAH 133 73 27- 119 -21 -32 -0090 89634 $725.00 7212 KYLE AVE N WILLIAMS CALVIN _ • 0 • CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT CERTIFICATION ROLL WOODBINE STREET IMPROVEMENT PROJECT (95 -08) MUNICIPAL CODE NO. 22 Levy runs ten (10 ) years LEVY PROPERTY ADDN. AMOUNT PROPERTY ASSESSED OWNER NAME NO. IDENTIFICATION NO. NO 1801 PENN AVE N MINNEAPOLIS, MN 55411 13373 27- 119 -21 -32 -0091 89634 $725.00 7206 KYLE AVE N JOHNSON, EDWARD & MARILYN 13373 27- 119 -21 -32 -0092 89634 $725.00 7200 KYLE AVE N COBB, CHRISTOPHR JUDITH 13373 27- 119 -21 -32 -0093 89634 $725.00 7130 KYLE AVE N ELIZABETH BLAKE ESTATE 13373 27- 119 -21 -32 -0094 89634 $725.00 7124 KYLE AVE N ROGERS, BONITA 13373 27- 119 -21 -32 -0095 89634 $725.00 7118 KYLE AVE N BJORKLUND, RUSSELL & DOROTHY 13373 27- 119 -21 -32 -0096 89634 $725.00 7112 KYLE AVE N PIEHOWSKI, FLORIAN & BARBARA 13373 27- 119 -21 -32 -0097 89634 $725.00 7100 KYLE AVE N PERSON, JAMES 13373 27- 119 -21 -32 -0099 89637 $725.00 4300 WOODBINE LA LEE, MICHAEL I 13373 27- 119 -21 -32 -0100 89637 $725.00 4306 WOODBINE LA OLSON, STEVEN & CYNTHIA 13373 27- 119 -21 -32 -0101 89637 $725.00 4312 WOODBINE LA SIMPSON, SHIRLEY I 13373 27- 119 -21 -32 -0102 89637 $725.00 4212 71ST AVE N GRAHAM, MARY 13373 27- 119 -21 -32 -0103 89637 $725.00 7112 JUNE AVE N PANKOW, JEROME 13373 27- 119 -21 -32 -0104 89637 $725.00 7118 JUNE AVE N HAEG, JEROME & PATRICIA 13373 27- 119 -21 -32 -0105 89637 $725.00 4301 WOODBINE LA WADE, FREDERICK & ARLENE 13373 27- 119 -21 -32 -0106 89637 $725.00 4307 WOODBINE LA MILLER, JOSEPH LEONARD - MILLER, RUTH ELLEN 13373 27- 119 -21 -32 -0107 89637 $725.00 7225 JUNE AVE N OBRIEN, GARY & ELIZABETH CITY OF BROOKLYN CENTER 0 A SPECIAL. ASSESSMENT CERTIFICATION ROLL WOODBINE STREET IMPROVEMENT PROJECT (95 -08) MUNICIPAL CODE NO. 22 Levy runs ten (10) years LEVY PROPERTY ADDN. AMOUNT PROPERTY ASSESSED OWNER NAME NO. IDENTIFICATION NO. NO 13373 27- 119 -21 -32 -0108 89637 $725.00 7219 JUNE AVE N OCONNELL, DENNIS & JUNE 13373 27- 119 -21 -32 -0109 89637 $725.00 7213 JUNE AVE N ZWACK, RICHARD & MARILYN 13373 27- 119 -21 -32 -0110 89637 $725.00 7207 JUNE AVE N NAUMAN, NOEL & PATRICIA 13373 27- 119 -21 -32 -0111 89637 $725.00 7201 JUNE AVE N NELSON, ROBERT & JOYCE 13373 27- 119 -21 -32 -0112 89637 $725.00 7131 JUNE AVE N BOWER, JR CHARLES & BARBARA 13373 27- 119 -21 -32 -0113 89637 $725.00 7125 JUNE AVE N QUIGLEY, WILLIAM & JEAN 13373 27- 119 -21 -32 -0114 89637 $725.00 7119 JUNE AVE N JOHNSON, EUGENE & MARLENE 13373 27- 119 -21 -32 -0115 89637 $725.00 7113 JUNE AVE N DALTON, THOMAS & DOROTHY i 13373 27- 119 -21 -32 -0116 89637 $725.00 4300 71 ST AVE N HERZOG, BEVERLY 13373 27- 119 -21 -32 -0117 89637 $725.00 4306 71 ST AVE N HOVER, ALLEN 13373 27- 119 -21 -32 -0118 89637 $725.00 4219 71ST AVE N PAWLOWSKI, JOSEPH & GERALDINE 13373 27- 119 -21 -32 -0119 89637 $725.00 4301 71ST AVE N BUCZAK, RUDOLPH & MARGIE 13373 27- 119 -21 -32 -0120 89637 $725.00 4307 71ST AVE N MILLER, WM & BARBARA 13373 27- 119 -21 -32 -0121 89637 $725.00 4313 71 ST AVE N GABRIEL, MAE 13373 27- 119 -21 -32 -0122 89637 $725.00 4319 71 ST AVE N MARTINSON, MELVIN & ELEANOR 13373 27- 119 -21 -32 -0123 89637 $725.00 4401 71ST AVE N MIDTAUNE, JOANNE 13373 27- 119 -21 -32 -0124 89637 $725.00 4407 71 ST AVE N GAGNON, MARCEL 13373 27- 119 -21 -34 -0023 89258 $725.00 4001 71ST AVE N WILLIS, JAMES & KARLA • MIMI, CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT CERTIFICATION ROLL WOODBINE STREET IMPROVEMENT PROJECT (95 -08) MUNICIPAL CODE NO. 22 Levy runs ten (10) years LEVY PROPERTY ADDN. AMOUNT PROPERTY ASSESSED OWNER NAME NO. IDENTIFICATION NO. NO 13373 27- 119 -21 -34 -0081 89661 $725.00 3909 71ST AVE N MILLER, RICHARD & DOROTHY TOTAL $163,125.00 I Council Meeting Daze 3/27/95 p 3 City of Brooklyn Center Agenda Item Number O Request For Council Consideration Item Description: Public Hearing Regarding Proposed Improvement Project Nos. 1994 -05 and 06, Humboldt Avenue, 69th Avenue to 73rd Avenue, Street and Utility Improvements, and Proposed Special Assessments, Improvement Project No. 1994 -05, Humboldt Avenue, 69th Avenue to 73rd Avenue Street Improvements Department Approval: Diane Spector, Directoi�jo Public S rvices r -- - Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: • Staff presentation. Open the public hearing on the proposed projects, and open the public hearing on the proposed special assessments, and hold the two hearings concurrently. Take public comment. Close both public hearings. Consider the improvement projects. A resolution ordering Improvement Project Nos. 1994 -06 and 07, Humboldt Avenue, 69th Avenue to 73rd Avenue, Street and Utility Improvements is provided. If the project is ordered, consider the special assessments for the street improvement. A resolution certifying the proposed special assessments for collection on the Hennepin County tax rolls is provided. This resolution establishes the interest rate as 7 percent, and specifies that interest does not begin accruing until October 1, 1995. Summary Explanation: (supporting documentation attached Yes ) On February 27, 1995 the City Council adopted Resolution No. 95 -64 providing for public hearing regarding proposed Improvement Project Nos. 1994 -05 and 06, Humboldt Avenue, 69th Avenue to 73rd Avenue, Street and Utility Improvements. This resolution also provided for a public hearing on the proposed assessments for Street Improvement Project No. 1994 -05. All property owners have been duly notified by certified mail of these project and special assessment hearings. These public hearings may be held concurrently. The Council should open the public hearing on the street improvements and then immediately open the public hearing on the storm drainage improvements. When all public input has been taken, close the street hearing and then immediately afterward close the special assessment hearing. Proposed project 1994 -05 would reconstruct Humboldt Avenue from 69th Avenue to 73rd Avenue to a width of 30 feet, with installation of concrete curb and gutter and concrete driveway aprons. Also included is catchbasin replacement, sod restoration, replacement of street lights and undergrounding electric power, and landscaping. Request For Council Consideration Page 2 Proposed project 1994 -06 would replace a one -block long section of sanitary sewer main, and make • minor repairs and adjustments to the sanitary sewer system and water system as necessary. Assessment Rates In accordance with the City Council's policy regarding improvement projects to non- single- family- residential properties in residential areas, proposed assessments have been made based on a square foot basis. That area proposed to be assessed is the area abutting Humboldt Avenue to a depth of 200 feet or to the back property line, whichever is less. The rate used was $0.21 per square foot, which was the rate used on the Freeway Boulevard /65th Avenue project in the segment east of Brooklyn Center High School, updated for inflation. As of March 22, 1995, no written objections have been received regarding the proposed special assessments. The resolution providing for certification of proposed special assessments to the Hennepin County Auditor specifies that the interest rate is 7 percent, and that no interest would begin accruing until October 1, 1995. The resolution also provides for partial payments, in accordance with administrative procedure. • • Member introduced the following resolution and • moved its adoption: RESOLUTION NO. RESOLUTION ORDERING IMPROVEMENT, APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NOS. 1994 -05 AND 06, HUMBOLDT AVENUE, 69TH AVENUE TO 73RD AVENUE STREET AND UTILITY IMPROVEMENTS WHEREAS, the Brooklyn Center City Council on September 20, 1993 authorized consideration of street and utility improvements on Humboldt Avenue North, from 69th Avenue to 73rd Avenue; and WHEREAS, the Council has previously received and accepted a feasibility report for said proposed improvements, as prepared by the City engineer; and WHEREAS, the City's consulting engineer has prepared construction plans and specifications for the proposed improvements; and WHEREAS, Resolution No. 95 -64, adopted on the 27th day of February, 1995, • set a date for a public hearing regarding proposed improvements for Humboldt Avenue, 69th Avenue to 73rd Avenue; and WHEREAS, ten days published notice of the hearing was given and the hearing thereon was held on the 27th day of March, 1995, at which time all persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS, the Council has considered all comments, testimony, evidence, and reports offered at or prior to the March 27, 1995 hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Improvement Project Nos. 1994 -05 and 06, Humboldt Avenue, 69th Avenue to 73rd Avenue, Street and Utility Improvements, Contract 1995 -B are hereby ordered. 2. The plans and specifications prepared by the City's consulting engineer for said improvements are hereby approved. RESOLUTION NO. 3. The Deputy City Clerk shall prepare and cause to be inserted in the official newspaper and in the Construction Bulletin an advertisement for bids for the making of such improvement in accordance with the approved plans and specifications. The advertisement shall be published in accordance with Minnesota Statutes, shall specify the work to be done and shall state the time and location at which bids will be opened by the Deputy City Clerk and the City Manager or their designees. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Deputy City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City Clerk for 5 percent of the amount of such bid. • Date Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. �c a Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 1994 -05, HUMBOLDT AVENUE, 69TH AVENUE TO 73RD AVENUE STREET IMPROVEMENTS, TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed Special Assessment Levy No. 13371 for the following improvement: HUMBOLDT AVENUE, 69TH TO 73RD STREET IMPROVEMENT IMPROVEMENT PROJECT NO. 1994 -05 WHEREAS, Special Assessment Levy No. 13371 was on March 27, 1995 approved by the City Council; and WHEREAS, an assessment roll, a copy of which is attached hereto and part hereof by reference, has been prepared by the City Clerk, tabulating those properties where a street improvement account is to be assessed with the amount, including interest and service charges, to be assessed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: I. Such proposed assessments, Special Assessment Levy No. 13371 made a part hereof, are hereby accepted and shall constitute the special assessments against the lands named therein and each tract of land therein included is hereby found to be benefited by the improvement in the amount of the assessment levied against it. 2. Such assessments shall be payable in equal annual installments extending over a period of (10) years as indicated on the assessment roll. The first of the installments shall be payable with ad valorem taxes in 1996, and shall bear interest at the rate of seven (7) percent per annum for a period of fifteen months from October 1, 1995 through December 31, 1996. • RESOLUTION NO. • 3. The owner of any property so assessed may at any time prior to the certificate of the assessment to the County Auditor in accordance with administrative procedures pay part or the whole of the assessment, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged on that portion of the assessment that is paid prior to October 1, 1995; and he or she may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15, or interest shall be charged through December 31 of the succeeding year. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Date Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i ' L ' 73R VE NO N. _ WOODBINE l A 1 1 WOODBINE AVE. N. Z, 'l z 72N0 AVE. -N_ 72ND AVE � �, 72ND w ` 4VE AMY LA. _ ,� > w .X, *>�i ` a L 71ST AVE. N. 2ND PW ` %` ,x F.. , ,it x` �` ,r` i , ul /", � i♦ ice, 0 A N 70TH AVE jJ ��; ` 1 v - - w — 70TH AVE , IRVINE LA. N. ' Ll ---- 1 �t 1 EMERSON N L L R ; C -- 7 M#57 t -- ' - TH_ AVE. N • 9TH. AVE. N. - -- - �- - -- m1� a , < i O o z m Q •" '`�� rn c LL • O � � z 68TH. AVE. N. HUMBOLDT PLACE -- ' a B e 8 67TH. AVE_ N. v rn rn Z 1 z Z. 671 AVE. 67TH. AVE. , 1l � o r z ' ' w , � a `- BROOfQ YN LAN 66TH cn XIlI SCHOOL _ � -- �-- }. Y N G' I m, Z IMPROVEMENT PROJECT NOS. FREr�1AY 61.V0. L! 65TH N o 1994 -05 & 1994 -06 1 m (n V � H jAm CIR. N. � z HU A480L • IMPR 0 VEMEV T PR OJEC T 19 9 4- 0 5 N.. - WOODBINE !A WOODBINE AVE. N. 72ND AVE. N, 72ND AVE 72ND AVE. N, • i ST AY_. N. 2ND AVE. N CD v >t 70TH j L i� R AVE. Ti 70TH AV'E .PING LA. I I SI ERSON C 68TH. AYE. T H. AVE. N. � 1 BEN E I_TED PROPERTIES _ E T TH. AVE. N. a > �� g 67TH. AVE. N. x ' FEBRUARY 1995 FIGURE 2 � ' , � i-! � � t 7 CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT ROL , March 27, 1994 PROJECT INFORMATION LEVY INFORMATION Improvement Project No.: 1994 -05 Levy No.: 13371 Description: Street Improvements - Humboldt Avenue Fund /Code No.: Levy Description: STREET CONST 94 -05 Location: Humboldt Avenue North between 69th and 73rd Avenues North Levy runs ten (10) years at an interest rate of seven (7) percent. First payment, with property taxes payable in 1996 Improvement Hearing Date: March 27, 1995 shall include fifteen (15) whole months' interest. Improvement Ordered On: Date of Assessment Hearing: March 27, 1994 By Resolution No.: Adopted On: Assessment District: By Resolution No.: Method of Apportionment: Corrections, Deletions, Or Deferments: Cost Summary From Resolution No: TOTAL IMPROVEMENT COST: $552,180.00 Less Direct City Share: Less Other Payments: TOTAL TO BE ASSESSED: $50,702.92 City Property: $6,185.02 Other Public Property: Private Property: $44,517.90 D CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT CERTIFICATION ROLL HUMBOLDT AVENUE STREET IMPROVEMENT MUNICIPAL CODE NO. 22 OWNER LEVY PROPERTY ADDN. PROPERTY ASSESSED Name NO. IDENTIFICATION NO. NO. AMOUNT Address Mailing Address 13371 25- 119 -21 -33 -0049 89642 $4,725.00 6900 Humboldt Ave N MIDWEST AREA INC. Lot 5, Block 1 6900 Humboldt Ave N NORTHBROOK TERRACE Brooklyn Center, MN 55430 13371 25- 119 -21 -33 -0047 89642 $8,938.02 6910 Humboldt Ave N NORMAN CHAZIN Lot 3, Block 1 5353 Wayzata Blvd. Suite 602 NORTHBROOK TERRACE Minneapolis, MN 55416 13371 25- 119 -21 -33 -0046 89642 $9,523.08 6920 Humboldt Ave N NORMAN CHAZIN Lot 2, Block 1 5353 Wayzata Blvd. Suite 602 NORTHBROOK TERRACE Minneapolis, MN 55416 13371 26- 119 -21 -44 -0069 89473 $6,185.02 1500 - 69th Ave North CITY OF BROOKLYN CENTER Lot 2, block 1 6301 Shingle Creek Parkway HORBAL ADDITION Brooklyn Center, MN 55430 13371 26- 119 -21 -44 -0070 89473 $21,331.80 6915 Humboldt Ave N BROOKDALE TOWERS PROGRAM Lot 3, Block 1 c/o Ira Sklader HORBAL ADDITION 5217 Wayzata Blvd. Suite 212 St. Louis Park, MN 55416 $50,702.92 Council Meeting Date 3 -27 -95 31 City of Brooklyn Center Agenda Item Number Request For Council Consideration Item Description: Planning Commission Application No. 95003 submitted by Brookdale Office park Partnership. Department Approval: Z OOOO aw.-.J 6, Ronald A. Warren, Planning and g 7 Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: This application was recommended for approval by the Planning Commission at its March 16, 1995 meeting subject to conditions of approval. Summary Explanation: (supporting documentation attached ) Planning Commission Application No. 95003 submitted by Brookdale Office Park Partnership is a request for a Special Use Permit amendment to allow an expansion of the Cardinal Strich College operation located in the Brooklyn Crossing Office Building, 3300 County Road 10. This application was considered by the Planning Commission at its March 16, 1995 meeting. Attached are minutes, information sheets, and maps from that meeting . Planning Commission Information Sheet Application No. 95003 Applicant: Brookdale Office Park Partnership Location: 3300 County Road 10 Request: Special Use Permit Amendment (92015) The applicant, Brookdale Office Park Partnership, requests an amendment to the Special Use Permit granted in December, 1992 (Planning Commission Application No. 92015) on behalf of Cardinal Strich College to operate an educational use in the five story office building located at. 3300 County Road 10. The amendment would involve providing two additional classrooms and a student lounge to the existing three classrooms currently comprising the Cardinal Strich operation which occupies a portion of the fourth floor in the Brookdale Crossing office building. The property in question is zoned CAA (service /office) and is bounded on the north by single family homes, on the east by a companion low rise office development, on the south by County Road 10, and on the west by Brooklyn Boulevard. The college currently occupies approximately 2,300 sq. ft. and would be incorporating an additional 2,000 sq. ft., giving them five classrooms and a student lounge area. Cardinal Strich College specializes in providing working adults with graduate level business, computer enhanced education in a night school setting. The classroom hours of operation are 6:30 p.m. to 9:30 p.m. and the college has a limit of 15 students per class. The additional space would allow 30 more students to the existing 45 student capacity. An educational use such as this was determined to be a special use in this zoning district when Metropolitan State University at 6300 Shingle Creek Parkway was approved under Planning Commission application No. 92011 in August of 1992. The Building Official has reviewed the proposal with respect to building code requirements for such an occupancy. His main concerns are occupant load and exiting. He has indicated that the floor plan submitted complies with code requirements and is acceptable. There will be a need for review of the sewer availability charge (SAC) from the Metropolitan Waste Control Commission (MWCC) for a possible increase. There had been some discussion in 1992 about a possible parking formula amendment related to educational uses. No action was taken to modify the parking requirements, and the experience with Cardinal Strich College at this location has not indicated a need to provide additional parking, although classroom hours are limited to evening hours when the remainder of the building is at its lowest level of use. Attached is a copy of the Standards for Special Use Permit, Section 35 -220, Subdivision 2 of zoning ordinance. The granting of a Special Use Permit is to be consistent with these standards. We do not believe that this proposed expansion conflicts with these standards. A public hearing has been scheduled for this application and notices have been sent. 3 -16 -95 1 RECOMMENDATION The requested Special Use Permit amendment appears to be in order and approval is recommended, subject to at least the following conditions: 1. The amended Special Use Permit is issued to the applicant on behalf of Cardinal Strich College to operate an expanded night school in the Brooklyn Crossing office building at 3300 County Road 10. The school shall be allowed to occupy 4,300 sq. ft. of rentable space on the fourth floor as indicated in the applicant's submittal. Any alteration or expansion of the school use within the office building, shall require an amendment to this Special Use Permit. 2. The applicant shall receive a sewer availability charge determination from the MWCC and final approval from the Building Official with respect to exiting and occupancy prior to the issuance of a building permit for this expansion. 3. Classes shall be held between 6:00 p.m. and 10:00 p.m. weekdays and on weekends. No weekday day time classes are acknowledged by the approval of this amended Special Use Permit. 4. The amended Special Use Permit is subject to all applicable codes, ordinances and regulations-, any violation thereof shall be grounds for revocation. i i 3 -16 -95 2 PER ��* X111! i7llllli� ■■� - • 1 + - � " ♦ l!s■ I�lill 111111���. ,Milli ► ♦ i IL". 1 1 I.u)�n .111 �, ► �♦ ... .. r• ,, . 5. 1 111111111111 111111111111 -�+ ►t�� ���� �� ♦ �` III/ 1�1 "" � :ii ► �� it �-�� � ., ►�.�.� � � � _ �a :�.,. _: �� .. eta �.. I Ilium 11/ � � : • :' = '11� •/' 1� 111 �� 111 / -� � ` ■ ► �i'a► ' 1`, �� ���I��,, f" 1' 111 �� ♦ � — ! - -- -- !� � _ ► 11 1111111111 !11 f � ii � . -. • 111 ��►I� u AV � - - mil► ♦ � J . 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I ' n:.• .` IT•i' I I i e' u' r ���� II ���II I •,�, I � I II � I zoll I 1 Gf � '� , 6.OIM LEINLJOH VF Idri nJ G 6usT+�lC� 1^ N I 1 L /�/tIr L{..1—oL4O1 L:AN a/IM I I y 1 i�� � %�� sA' i r✓ I I/ •r 1 I a- w•w.rw •✓f"Y4 - I I _ . 1 W M JIIWYN iJWY „_ CARDINAL 61 'T""•�•••'•T � STRITCH COLLEGE Qi 1 L+• iTJT1Jr {.IOnJYL \•.._. �, , :.' ; N :1 s jr I AIL a�•+rv. u .4 r.w. ' 7'•i' MIL ` •. . •. I I e.rt -1 17 ►ESA MY 7• I- . 1 Q FOURTH FLOOR PLAN u _,-_ CSM Corporation 2561 Territorial Road - St. _ Paul, MN 55114 -1500 612/64 _ 6 1717 - FAX 612/646 2404 March 2, 1995 Via Messenger Mr. Ron Warren City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Amendment to Special Use Permit (Application No. 92015) Brookdale Office Park Partnership Dear Mr. Warren: Enclosed with this letter please find our application for an amendment to the above - referenced Special Use Permit, as well as the application fee and required documents depicting the requested change. You may recall that in the Fall of 1992, Brookdale Office Park Partnership requested and received a Special Use Permit allowing the operation of a college at the Brooklyn Crossing ffice Building. mo tritch College operation, which specializes in providing working adults with graduate level business, mputer- enhanced education, has proved very succ classrooms at Brooklyn Crossing, while extending its c occupancy an additional three years. additional The additional classrooms would allow Cardinal Stritch College to add 30 students to its existing 45 student capacity, given its enrollment limit of 15 students per class. The expanded area would add 2,000 square feet of classroom space to its existing 2,300 square feet of space. All other provisions of the existing Special Use Permit, including the limited hours of operation, conformance with all applicable codes, ordinances and regulations, and subjection to additional sewer availability charges, would remain unchanged. In summary, we feel that the expansion of the successful Cardinal Stritch College program would benefit the college, its students, the building and the City of Brooklyn Center, by providing needed classroom space for adult education. Please feel free to contact me if you have any questions regarding our application. Sincerely, � 1 ruce Carland perry Manager Enclosure Section 35 -220. SPECIAL USE PERMITS 2. Standards for Soecial Use Permits A special use permit may be granted by the City Council after demonstration by evidence that all of the following are met: (a) The establishment, maintenance or operation of the special use will promote and enhance the general welfare and will not be detrimental to or endanger the public health, safety, morals, or comfort. (b) The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. (c) The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. (d) Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. (e) The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. 3. Conditions and Restrictions The Planning Commission may recommend and the City Council may impose such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with requirements specified in this ord- inance. In all cases in which special use permits are granted, the City Council may require such evidence and guarantees as it may deem necessary as part of the conditions stipulated in connec- tion therewith. 4. Resubmission No application for a special use permit which has been denied by the City Council shall be resubmitted for a period of twelve (12) months from the date of the final determination by the City Council; except that the applicant may set forth in writing newly discovered evidence of change of condition upon which he relies to gain the consent of the City Council for resubmission at an earlier time. 5. Revocation and Extension of Special Use Permits When a special use permit has been issued pursuant to the pro- visions of this ordinance, such permit shall expire without further action by the Planning Commission or the City Council unless the applicant or his assignee or successor commences work upon the sub- ject property within one year of the date the special use permit is granted, or unless before the expiration of the one year period the applicant shall apply for an extension thereof by filling out and submitting to the Secretary of the Planning Commission a "Special Use Permit" application requesting such extension and paying an additional fee of $15.00. Special use permits granted pursuant to the provisions of a prior ordinance of Brooklyn Center shall expire within one year of the effective date of this ordinance if construction upon the sub- ject property pursuant to such special use permit has not commenced within that time. In any instance where an existing and established special use is abandoned for a period of one year, the special use permit re- lated thereto shall expire one year following the date of abandon- ment. TI IESAVERS - -- B CENTER P01 MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MARCH 16, 1995 CALL TO ORDER The Planning Commission met in study session and was called to order by Chairperson Willson at 7.31 p.m. ROLL CALL Chairperson Tim Willson, Commissioners Graydon Boeck, Mark Holmes, Robert Mickelson, and Ella Sander. Also present were the Secretary to the Planning Commission Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Barb C'.ollman, Commissioners Diane Reem and Donald Booth were excused from this evening's meeting. APPROVAL OF MINUTES - MARCH 2. 1995 Commissioner Mickelson noted the minutes should reflect he was excused from the March 2, 199, meeting. There was a motion by Commissioner Sander and seconded by Commissioner Holmes to approve the minutes of the March 2, 1995, Planning Commission meeting as presented and amended. The motion passed unanimously. Commissioner Mickelson abstained, CHAIRPERSON'S EXPLANATION Chairperson Willson explained the Planning Commission is an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. '1 APPLICATION N0, 95003 fBR0OKDALE OFFICE PARK PARTNERSHIPI Chairperson Willson introduced the first item of business, a request from Brookdale Office Park Partnership for a Special Use Permit amendment to allow an expansion of the Cardinal Strich College operation located in the Brooklyn Crossing Office Building, 3300 County Road 10. The Secretary esented the staff report, d v rh ad transparencies to show the location ryp fr p ,use ° o e ., p and detail (see Planning Commission Information Sheet for Application No. 95003, attached). He also provided the floor plan of the building. 3 -16 -9 1 TIMESAVERS -- - B CENTER P02 The Secretary noted one phone call was received in regard to the application. Following Staffs clarification of the amendment, the caller had no further concern. The Secretary noted conditions recommended by Staff in connection with approval of the application. He indicated a representative of Brookdale Office Park Partnership was present to answer question from the Commission. Commissioner Holmes asked whether there is dual use of the space, i.e. another tenant during the daytime hours. The Secretary responded there is no other occupant of the rooms, Commissioner Holmes inquired whether the described space in the building has been available for a long period of time. The Secretary was unsure of the time it had been open. Commissioner Sander asked whether there had been any compatibility problems with other tenants of the building. The Secretary said he was not aware of any problems, He also noted no change to the physical building is required for this use. Commissioner Sander asked whether the timing of classes differs from the times the other offices are in use, The Secretary answered the timing does separate the use of the building as a condition of the original application. Potential parking problems are alleviated due to this plan, Commissioner Boeck referred to Condition No. 3 of the Staff - recommended conditions. He asked what hours the college is allowed to use the property on weekends. The Secretary said there is no limit to the number of hours the college may use, the building on weekends. Commissioner Boeck suggested the wording of Condition No. 3 be changed from "..,acknowledged by.,." to ",..included as part of...." The Commission agreed by consensus to change the wording as indicated. Commissioner Boeck asked whether the original application was approved with more conditions than are proposed for the amendment. The Secretary explained the original application carried the same basic conditions, with the only exception being the figure of square footage of the space. Commissioner Holmes expressed concern the limits of parking spaces and stairway requirements might be pushed in the future. The Secretary stated the parking situation would be acceptable even if there were classes during the day. Fire escapes could be a problem if the space is expanded. It may be necessary then to widen the stairways on the fourth floor because of the educational use. An option would be for the college to move to the ground floor, A review of the situation would be necessary. 3 -1 6-94_ 1) TI)IESAVERS - B CENTER P03 Chairperson Willson asked whether the Commission should address the issue of parking before it becomes a problem. The Secretary indicated the City has been monitoring the parking situation at Metro State, the University in the Brookdale Corporate Center, and has not noticed a problem. PUBLIC HEARING (APPLICATION NO 95003) Chairperson Willson asked for a motion to open the public hearing on the request for a Special Use Permit amendment submitted by Bmnkdale Office Park Partnership to allow an expansion of the Cardinal Strich College operation located in the Brooklyn Center Office Building, 3340 County Road 10 at 7:52 p.m. There was a motion by Commissioner Holmes and seconded by Commissioner Sander to open the public hearing. The motion passed unanimously. Chairperson Willson asked if there was anyone present who wished to address the Commission. Bruce Carland, property manager of CSM Corporation, answered two questions posed earlier b the Commissioners, He noted the space which is to bG occupied by the college • has bccn vacant for two years, He noted there has never been any problem with Cardinal Strich College as a tenant. Commissioner Holmes asked whether classes are offered during the day. Mr. Carland noted classes are not offered during the day as the students are generally working adults. Commissioner Sander asked whether the remainder of the floor is vacant. Mr. Carland said only one small area is open on the floor. Commissioner Boeck asked the building's occupancy rate. Mr. Carland said the rate is currently 85 percent. if this application is approved, the rate will be 90 percent. Commissioner Boeck asked whether adding 30 students would put the normal occupancy over the density for which the building was designed. Commissioner Willson answered it would only be the case during the days when the building was fully populated, Mr, Carland said he did not believe the addition of 30 students would put the building over its density limits, The Secretary noted the building official makes no distinction between night and day in the use of the building, but instead only considers the maximum load, The proposed change should not overtax the building. Commissioner Boeck commented the proposed use of the building is a good use for the . building. Chairperson Willson called for any more questions for the applicant or for anyone else to speak at the public hearing. 3 -16 -95 3 TIMESAVERS - -- B CENTER PO4 CLOSE PUBLIC HEARING Chairperson Willson closed the; public hearing at 8 :55 p,m, Commissioner Holmes asked who checks the building for inadequacies such as only one bathroom. The Secretary noted the City building offl3cial monitors this, ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 95003 (BROOKDALE OFFICE PARK PARTNERSHIP There was a motion by Commissioner Boeck and seconded by Commissioner Mickelson to recommend approval of Application No. 95003 submitted by Brookdale Office Park Partnership for a Special Use Permit amendment to allow an expansion of the Cardinal Strich College operation located in the Brooklyn Center Office Building, 3300 County Road 10, subject to the following conditions: 1. The amended Special Use Permit is issued to the applicant on behalf of Cardinal Strich College to operate an expanded night school in the Brooklyn Crossing office building at 3300 County Road 10. The school shall be allowed to occupy 4,300 square feet of rentable space on the fourth floor as indicated in the applicant's submittal. Any further alteration or expansion of the school use within the office building, shall require an amendment to this Special Use Permit, • 2. The applicant shall receive a sewer availability charge determination from the MWCC and final approval from the Building Official with respect to exiting and occupancy prior to the issuance of a building permit for this expansion. 3. Classes shall be held between 6:00 p.m. and. 10:00 p.m. weekdays and on weekends. No weekday day time classes are included as part of the approval of this amended Special Use Permit. 4. The amended Special Use Permit is subject to all applicable codes, ordinances and regulations, any violation thereof shall be grounds for revocation. Voting in favor: Chairperson Willson, Commissioners Boeck, Holmes, Mickelson, and Sander. The motion passed unanimously, The Secretary noted that the application will be referred to the City Council at the March 27, 1995, meeting, The applicant is required to be present at the City Council meeting, If any changes or modifications are made to the plans prior to City Council consideration, they may have to be brought back before the Planning Commission for review. APPLICATION NO. 95004 (VENSTAR CORPORATION) . Chairperson Willson introduced the second item of business, a request from VenStar Corporation requesting site and building plan approval for a 60,090 square foot building for General Litho Services, Inc, to be. located west of Parkway Circle, north of the Holiday Inn. 3 -16 -95 4 Council Meeting Date 3 -27 -95 City of Brooklyn Center Agenda Item Numbe 3 R q e uest For Council Consideration • Item Description: Planning Commission Application No. 95004 submitted by VenStar Corporation. Department Approval: Ronald A. Warren, Planning and Zoning Specials Manager's Review /Recommendation: �r No comments to supplement this report Comments below /attached Recommended City Council Action: This application was recommended for approval by the Planning Commission at its March 16, 1995 meeting subject to conditions of approval. Summary Explanation: (supporting documentation attached ) Planning Commission Application No. 95004 submitted by VenStar Corporation is a request for Site and Building Plan approval for a 60,090 sq. ft. building for General Litho Services, Inc. to be located west of Parkway Circle, north of the Holiday Inn. This application was considered by the Planning Commission at its March 16, 1995 meeting. Attached are minutes, information sheets, and maps from that meeting. • Planning Commission Information Sheet . Planning Commission Application No. 95004 Applicant: VenStar Corporation for General Litho Services, Inc Location: West of Parkway Circle, north of the Holiday Inn Request: Site and Building lan Approval g PP The applicant, VenStar Corporation, is seeking site and building plan approval to build a 60,090 square foot building for General Litho Services, Inc., a printing operation, on a 6.25 acre site located west of Parkway Circle, north of the Holiday Inn. The property in question is zoned I -1 (Industrial Park) and printing, publishing and allied industries are listed as permitted uses in this zoning district. The site is bounded on the north by the Metropolitan Commission Transit Operation's garage and the Spec 10 office /industrial building which houses the Target Audit Division as its principle tenant; on the east by Parkway Circle (a non - public roadway serving as access to the buildings in this area) with a central parking lot serving buildings in the area on the opposite side; on the south by the Holiday Inn; and on the west by Shingle Creek and its accompanying green strip area. ACCESS /PARKING Access to the property is gained via Parkway Circle from Shingle Creek Parkway. Two driveways, one at the southeast corner of the site and the other a shared access with the building to the north at the northeast corner of the site, provide vehicle access to the proposed facility. Parking on the site would include 140 parking spaces located on the north, east and south sides of the proposed building. The parking requirement for an industrial use with an office component is a combination of both the office and industrial parking formulas based on the square footage devoted to each use. The office parking re uirement is one s ce for eve P g q P pry 200 square feet of gross floor area, ea while the industrial parking requirement ace for b u ement is one s P g q P every q gross 800 square feet of r flo r o area or 1 parking space for eve g p b y every t w o employees in the in r industrial area at the maximum shift. In this case, General Litho ro oses to have 12,000 P P square feet of office (3,000 square feet on the first floor and 9,000 square feet on the second floor of the office portion of the building) and 48,090 square feet in the production/ manufacturing /warehouse portion of the building. This breakdown would require 120 parking spaces, 60 for the industrial area (48,090 divided by 800) and 60 for the office area (12,000 divided by 200). The applicant has indicated that there would not be more than 70 employees (both office and production) at any one shift, therefore, the employee part of the parking formula is not utilized. The plan calls for 20 additional parking spaces along the north property line which are accessed from the abutting property to the north. These parking stalls will be dedicated as off -site accessory parking for the sole use of the adjoining property. Currently there is a special use permit which was granted by the City Council under Planning Commission • 3 -16 -95 1 Application No. 87007 to provide 153 potential parking spaces on the applicant's property for the sole use of the neighboring property to the north to allow the Target Audit Division office occupancy of that building. A continuation of the off -site accessory parking agreement for 20 spaces will be required and an amended special use permit for use of additional off - site accessory parking on Parkway Circle and in the central parking lot will have to be accomplished. A special use permit acknowledging the amended parking agreement for this area will have to be approved by the City Council and filed with Hennepin County prior to the issuance of building permits for the General Litho building. The on -site parking areas, as well as the twenty off -site spaces are bounded by B -612 curb and gutter and meet the minimum requirements for stall width and depth for 90 degree parking. Appropriate parking protection areas and 24 foot wide drive lanes are also provided. The Engineering Department recommends that a wider radius be provided for the driveways leading to Parkway Circle. A loading dock area containing three loading berths is provided at the southwest corner of the building. A minimum of three berths are required for a manufacturing facility of this size. The loading berths exceed the minimum size requirements in the zoning ordinance. GRADING /DRAINING /UTILITIES The drainage plan proposes to surface drain the parking lots onto Parkway Circle, into a drainage swale on the north and west side of the property and into a storm water detention pond at the southwest corner of the site. This sheet drainage is unacceptable to the Engineering Department which will require storm water be conveyed via storm sewer to • these areas. It is my understanding that no information has been provided for roof drainage so that this can also be incorporated into the drainage plan. These modifications will need to be made to the drainage plan in a manner acceptable to the Engineering Department prior to the issuance of a building permit for this project. This site is over five acres and also abuts Shingle Creek which are two criteria requiring Shingle Creek Watershed Management Commission review and approval of a storm water plan for this property. The applicant will be required to have such a plan approved prior to the issuance of building permits. Easements for ponding areas will also be required. The Commission's attention is directed to the area designated on the plan as the "edge of wetland ". This area has been verified and is subject to wetland regulations. Also, it should be noted that the 100 year flood elevation for Shingle Creek is 844 feet. The lowest finished floor elevation for a building on this property must be at least one foot above this elevation. The proposed finished floor elevation is 850 feet, well above the 100 year flood elevation. No grading, filling or alteration of the area at or below the 844 foot mark may take place without the granting of a special use permit by the City Council and the providing of compensating storage. No alteration is proposed at this time in this area, however, the applicant is contemplating a future 20,000 square foot addition to the west end of the building which will require filling in the area and wetland mitigation. The applicant will 3 -16 -95 2 have to seek appropriate approvals such as a special use permit and watershed commission approval for filling and wetland mitigation before such an expansion, or grading for it can be • authorized. In the meantime they are only seeking approval of a grading plan that will allow the construction of the r p oposed 60,090 square foot building. Sanitary sewer and water will be provided to the building at the north end of the site. Again, the final drainage, grading and utility plan is subject to the approval of the Engineering Department and the Shingle Creek Watershed Management Commission. LANDSCAPING The applicant has submitted a landscape plan in response to the landscape point system used to evaluate such plans. This site is 6.25 acres and requires a minimum of 405 landscape points. The applicant's proposal calls for exactly 405 landscape points through the use of a combination of 20 shade trees (200 points), 20 coniferous trees (120 points), 20 decorative trees (30 points) and 110 shrubs (55 points). The applicant has requested not to be required to designate the species of tree, shrub, etc., but wishes to have the option open to make a determination of the species to be used at the time of bidding of the project. We do not have a problem with this, but would recommend that the applicant designate the various types of trees and shrubs under the categories proposed. The plan calls for a 15 ft. green strip along the Parkway Circle access drive between the two access points. This area will be sodded and contain landscaping including shade trees, coniferous trees, decorative trees and shrubs. Appropriate sight lines should be maintained at the access points to Parkway Circle to avoid potential sight visibility problems. The proposed landscaping seems to be well distributed around the site, particularly in the front and south green strips. Some plantings are also proposed for the area to the west of the building close to the edge of the designated wet land area. Underground irrigation is required in all landscaped areas. The area to the west of the building will be left in a more natural state as part of their plan. BUILDING The building exterior is proposed to be a precast concrete with an exposed aggregate finish along the east end where the office area is. The office area is a two story area with the second floor being totally office space and the first floor being part office and part production. The production or industrial portion of the building exterior is proposed to be also precast concrete with a raked finish that will be painted to be complimentary to the exposed aggregate finish. The Planning Commission may wish to discuss the exterior treatment being proposed. It should be noted that the buildings in this area for the most part have a brick exterior including the Minnesota State High School League office, the Holiday Inn, the building immediately to the north of this site, which contains the Target Audit Division, and Parkway Place, which fronts along Shingle Creek Parkway between the two access points for Parkway Circle. The Spec 11 building site is a decorative concrete block building. The question is whether or not the exterior treatment proposed by the applicant is consistent and in keeping with the building exteriors in this area. The building elevations 3 -16 -95 3 show the building to be approximately 24 ft. in height with a two story office component on the east end of the building and an approximate 23 ft. high manufacturing/production/ warehousing component to the west. At the main entrance to the building is an approximate • two story canopy area. Tinted insulated glass in anodized aluminum thermal break frames are provided around the south, east and north portions of the two story office area. LIGHTING /TRASH The applicant's site plan indicates 250 watt high pressure sodium wall mounted light fixtures around the building. Two on- ground light fixtures that provide building up- lighting are located in the front of the building (east side). Two 250 watt high pressure sodium lights are mounted on 30 ft. high light poles in the green strip area along Parkway Circle. These fixtures will be directed onto the property and should not create glare. The plans do not show a location for trash, however, it is anticipated that trash facilities will be located in the area of the loading docks. A screening device, preferably of the same material as the building, will be required to screen trash containers from public view. RECOMMENDATION The plans, with possible exception, of the exterior treatment, appear to be in order. Approval is recommended subject to at least the following conditions: 1. The building plans are subject to review and approval by the Building Official 0 with respect to applicable codes prior to the issuance of permits. 2. Grading drainage and utilities plans are subject to review and approval b the b P J PP Y I Engineering g eenn Department ment rior permits. to the issuance of b b P P P 3. A Performance Agreement and supporting Financial Guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing s b g g stem to Y meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the city ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 3 -16 -95 4 i 7. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the city ordinances. 8. B -612 curb and utter shall g be provided around all parking and driving areas. 9. The applicant shall submit an as -built survey of the property, improvements and utility service lines prior to release of the Performance Guarantee. 10. The property owner shall entry into an easement and agreement for maintenance and inspection of utility and storm drainage systems, prior to the issuance of permits. 11. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the Engineering Department. 12. The storm drainage system shall be approved by the Shingle Creek Watershed Commission prior to the issuance of permits. 13. Ponding areas required as a part of the storm drainage plan shall be protected by an approved easement. The easement document shall be executed and filed with Hennepin County prior to the issuance of P ermits. 14. The 20 parking stalls indicated on the north side of the site shall be dedicated as off -site accessory parking for the sole use of the adjoining property. Said declaration shall be filed with the titles to the property prior to the issuance of permits. 15. An amended Special Use Permit for off -site accessory parking on Parkway Circle, the central parking lot and adjoining areas relieving the subject property of its 153 parking stall dedication shall be granted and an appropriate amendment to the easement agreement and declaration of covenants relating to these properties shall be executed and filed with Hennepin County prior to the issuance of permits for this project. 16. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. 3 -16 -95 5 a � � 1111 11 11 i ��` a�� �� .0 ■ ,���' �� �� � �'� , �� `: (� 111 1111 X111 • •"� �" �� '�� ♦ _� „ _ - ► =1 11111111 11� " ��► � � = � �" i' ■: f t 111110 ��« �:� �L7\ ��''� ,• 11 Itl X11 1111 `� `' ' • : ' � ■ � ' � '�11 111 1111111 ■ 1 11� ■1 111 ■1 ` OVA ♦��♦ ���� ����� ■ 1 t It 111■ 1� ;. 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M S•'wY .« w•es b aa«sws, aM u• Yaw.a•n SIM«I aA PO•tA r01; � - ' MIN R•p•a•ay01 M AIIA /11cp1 lM Thb Su.w ar tK��aY HTA M AQY M IM •M Yp7.wwl ■ glp3 1MIL 7r' (w •[rIN 1Y ALtA M AOSY w1 M ... •11•et w M GI r b MUOMbn N w Ww �•'Y• Ti[ NroIIAYi w MMM M«•Iy M YWOr RVn1 1 -11 a1.4Yw N Tpw• A �•• 00 YAlpl VAII[ � Dat•f Ant „• IM O YAl3oa ' - O [AR f[aq YAYIQ; 1 O i3ORY ■SU YAM1p} O C;[1MC YAnllq} ]3 }70 r.OW0 O' «I` lr.,r 6 � lY • •r UTUT WIRAI[/Vm U117 RMSIOn MT YR 1 ' "' �' ' '°' [ 0 WIi Poi Holsanson ALTA /ACSM LAND TITLE SURVEY [ " E " a wre M� A•IeWIM bl 1• � �• �" as (3 A1'�x w , , ■ An ers n 1 Assoc. a D � l. x' ^p;.'.5.,.. •. . .'.. '.. � m Spv m���l �, � BRO(N[STONE REAL ESTATE SERNCES � I '... 1 .. — _ b ]7 [U -•t7- ru n}whaYl a }v vl nt In '� . 1 T}77.01 wR[n I • • t t � 04 0 r AE a • M%AMAso* mil 'JNPIO ?A1Pj�4 �[ 4 ,� I rcww J S �l - Wd3 M 13.411m 1:13tD�IV ^ 'P'; W�dcJd �~ v tvaa flMCt:i :a r�1 FOR: GENERAL LITHO SERVICES, INC. ' I Brooklyn Center, Minnesota t . �; .. / / a4B 6 B•� ARGN RCP 510R,4 SE`NER _ _ 1 < e ti es T,m 7 7 ail 5" SY I LA ICE L t_ � °' \ ..•� � i 11 1 � /_ � // . � �� t � ( I I POSED FINISHED fL0 R ELEV. 850.0 SAE WEIR DETAISAME \ I I ARStxr N z 64 B .. v u r o flil8l VAtCR pTIM e �pTA w t> IN Y \ / !, . t� \ / / / tip C Vp ,: ,t•` A / 1 SITE PLAN �� ^ _ \ ww� i I At scAL[, I • . b•o• o u• ar 6r ti VenStar Corp. I . P.O. Boa 240599 Apple VetleT. YR 65121 - CHOYES If PL OWE CCASt27M EA43WER � n eiz- 891 -8874 larAl 70-r00 an J.i3 •rc w /B] dZ.__ .,� N 8119W E 300. W I t I 0 !N W woo W_ wr -Ag moo - _ 1g) All a pi KA DM AMA 1X6W s un mitt v M TW [Eli P WING SCHEDULE 1 in err. mm o mm A 9M m m z-t,T w D Re NOR': PRO'Ar)E IRRIGA"ON SY',TFM FOR ALL SOMED AREA II Ili 1 II IIl� II II` M I I 1 { I I I I I 1 1 I OF — I I I - - - - -- - -- - -- U a om N FLn PL AN �� I C) -- -t- _ - =• =t - - - -- I I I I N . OFFICE 9 1 000 S.F. R$ I Trt At 1 j --- -- ..-- - - - -" -- — -- .— _.. - - -- -- -- _.. I ~ c,) Y t W OFFICE AREA � 3.000 S.F. I lui.' � � MANUFACTURING � k 6,000 S.F. I " i r CID W !st FLOdt t■TICE PLAN -- ---- - - - --- - ----- -- --- - -- 4A 1a) II II RLI� ° X157/ D I i� E3 El fTN BMW • M yayrr I ,.,.- rwaRrR j • • w r C�,ts••• A . rrlRwA AMt e � Y yy M �O T D � -- m 90CTION • rwrm m smim • ornm `�'+� TI)IESAVERS > — B CENTER Poo CLOSE PUBLIC HEARING Chairperson Willson closed the public hearing ac 8:55 p.m. Commissioner Holmes asked who checks the building for inadequacies such as only one bathroom. The Secretary noted the City building official monitors this, ACTION RECOMMENDING APPROVAL OF APPLICATION NO 95003 (BROOKDALE OFFICE PARK PARTNERSHIP There was a motion by Commissioner Boeck and seconded by Commissioner Mickelson to recommend approval of Application No. 95003 submitted by Brookdale Office Park Partnership for a Special Use Permit amendment to allow an expansion of the Cardinal Strich College operation located in the Brooklyn Center Office Building, 3300 County road 10, subject to the following conditions: 1. The amended Special Use Permit is issued to the applicant on behalf of Cardinal Strich College to operate an expanded night school in the Brooklyn Crossing office building at 3300 County Road 10. The school shall be allowed to occupy 4,300 square feet of rentable space on the fourth floor as indicated in the applicant's submittal. Any further alteration or expansion of the school use within the office building, shall require an amendment to this Special Use Permit, . 2. The applicant shall receive a sewer availability charge determination from the MWCC and final approval from the Building Official with respect to exiting and occupanq prior to the issuance of a building permit for this expansion. 3. Classes shall be held between 6:00 p.m. and 10:00 p.m. weekdays and on weekends. No weekday day time classes are included as part of the approval of this amended Special Use Permit. 4. The amended Special Use Permit is subject to all applicable codes, ordinances and regulations, any violation thereof shall be grounds for revocation. Voting in favor: Chairperson Willson, Commissioners Boeck, Holmes, Mickelson, and Sander. The motion passed unanimously, The Secretary noted that the application will be referred to the City Council at the March 27, 1995, meeting, The applicant is required to be present at the City Council meeting, If any changes or modifications are made to the plans prior to City Council consideration, they may have to be brought back before the Planning Commission for review. APPLICATION NO. 95004 (VENSTAR CORPORATION) • Chairperson Willson introduced the second item of business, a request from VenSrar Corporation requesting site and building plan approval for a 60,090 square foot building for General Litho Services, Inc, to be located west of Parkway Circle, north of the Holiday Inn. 3 -16 -95 4 TI3IESAVERS - -- B CENTER P0.5 The Secretary esented the staff rep used overhead transparencies to show the location rY F P � P and detail (see Planning Commission Information Sheet for Application No. 95004, attached). The Secretary also displayed the plans for the proposed building. Chairperson Willson asked whether changing from 153 parking spaces to 20 spaces will affect the other buildings, The Secretary said the spaces will be re- allocated. He also noted there has been some illegal parking in an unimproved area of the property, The City was prepared to give a one year notice to put in a hard lot and the problem subsequently ended. The number of parking spaces allotted is alright although they may not all be convenient, At present, the Shingle Creek Land Company owns the p arking area, but the will probably P Y F g Y p Y attempt to sell it. Regarding utilities, Commissioner Sander asked whether the green strip area is required by the City. The Secretary said the green strip is not a necessity but without it the parking wouldn't be delineated from the neighbor's parking. The Secret noted h had discussed the Secretary ate e a met today with the applicant and the ha iscus rY o aY PP Y a s proposed exterior finishing of the building. Concerning whether the exterior would be in keeping with other buildings in the area, the applicant's position is the proposed building is more of an industrial building than the others, which are commercial use. The Secretary agrccd with the applicant that the building as proposed would equal the appearance of the MTC building. In addition, two offices buildings across the street have exposed aggregate finishes. The Secretary, after evaluating the situation and reviewing information offered by the applicant, stated he was satisfied with the proposed exterior finish. The Secretary also pointed out the location of the trash receptacles, which is new information not included in the report. City Staff recommends approval of the application subject to 16 conditions. No public hearing is required, A representative of venStar Corporation was present at the meeting. Commissioner Boeck indicated he liked the use of the property. He questioned some utility issues, i.e. a 72 -inch pipe. A discussion followed. He also noted the approval of this land use would end the City' o imp rove the detention. He q uestioned how to opp ortun i t y ty to p q require the developer to provide a clean -up regarding Shingle Creek, The Secretary agreed and noted the developer is aware of the situation. The current plan is sufficient for the present time. In the case of a later expansion, those requirements will have to be addressed. It will be necessary to deal with wetland mitigation, filling, and holding ponds. If all issues were addressed at this time, construction would be delayed and they would not be able to have occupancy by fall as desired. Therefore, the plans were split up and the possible 20,000 square foot expansion will have to b reviewed later. 3 -16 -95 TIMES.�VERS �"- B CENTER P06 Commissioner Boeck asked whether the City inspects for final approval before occupancy of the new building, The Secretary said there is a certificate of occupancy issued. In fact, the conditions to the application must be met before a building permit can be issued. Dave Ericksmoen, a representative of the contractor, noted a civil engineer has considered all of the questions raised regarding utilities. He provided another plan. He said one. portion of the wetland will need to he filled. He noted the site was difficult to develop. The owner needs assurance he will ultimately be allowed to have 80,000 feet of building. The Corps of Engineers will not be approving the project until July, so there are time constraints. The issue of the ditch has been addressed and reviewed with the City Engineer. Commissioner Boeck commented there should be an effort made to be sure General Litho does not believe there is definite permission for expansion. He asked whether there will be open -ditch drainage, The Secretary said there will be. A lengthy discussion of drainage followed, Commissioner Boeck asked how far the water would drain. Mr. Ericksmoen noted the City Engineer had certified the plan, Chairperson Willson noted this issue applies to the future and that discussion should be held at the appropriate time. Mr. Ericksmoen commented the owner has ever intention of complying with all requirements, Commissioner Holmes asked whether General Litho is a new business. Mr. Ericksmoen said General Litho is an established business which has leased space, at 6860 Shingle Creek Parkway in Brooklyn Center, It is a successful business which needs more room and wants to own, rather than lease, a building. Chairperson Willson asked whether the company anticipates having any byproduct waste and whether it has a plan for dealing with it. Mr. Bricksmoen said he was not aware of any such issue and that it may be considered in the building permit. Mr. Ericksmoen added he did not believe the company's current lease carries any pecial applications due to such an issue. Commissioner Boeck asked whether there are concerns for the Fire Chief. The Secretary said he is not aware of any concerns. General Litho has had to comply with cedes in the leased building, There is no surprise element with an existing business. Commissioner Boeck asked whether there were reasons other than economic which led to the choice of building exteriors. He wondered if this type of exterior allowed the building to be completed more quickly. Mir. Ericksmoen stated the owner preferred the material as it is durable and high quality, He produced photographs of buildings with similar finishes. 3 -16 -95 6 TI IES.iVERS - -- B CENTER PO i Commissioner Holmes asked what the City conc .-rn had been with the exterior. The Secretary noted most buildings in the area are of brick construction and the City would like the new building to fit in. There was further discussion concerning aggregate finishes. Commissioner Boeck commented the darker color of aggregate might match the brick buildings better. Mr. Ericksmoen stated the owner could choose the darker finish. He reiterated the surrounding brick buildings are office buildings, whereas the proposed building is only 20 percent office space. Commissioner Sander asked whether the aggregate finish results in less maintenance. Mr. Ericksmoen said it does. In addition, the use of a brick exterior would double the cost and is not a viable option. Commissioner Sander noted a building this size would look better with the aggregate than with an all brick finish. Commissioner Holmes expressed concern over the success of the area as a whole and over the miY of industrial and commercial concerns. Although the area is zoned industrial, he is afraid this building might "stick out. Mr. Ericksmoen noted the proposed building will be owned by an employer who employs 70 persons. It is a current Brooklyn Center business. There was a discussion concerning access to trucks. Chairperson Willson asked whether the business will operate three shifts around the clock, Mr. Ericksmocn indicated he knows there are two shifts, but is unsure if there are three. In regard to Condition No. 15, Chairperson Willson suggested a change in wording from "...shall be granted,,," to "...will he required...," as the wording is premature. There was a consensus of opinion to change the wording as suggested. Mr. Ericksmoen indicated the contractor is comfortable with the conditions. Regarding Condition No. 10, Commissioner Boeck asked which permits were referenced. The Secretary said the condition refers to building permits. Other approvals must be presented in order to obtain the building permit. There was a consensus of opinion to add the word "building" in all applicable references in the conditions. Conditions Nos. 1, 2, 3, 10 12, 13, 14, 15 are affected. Regarding Condition No. 12, Commissioner Boeck requested the addition of the words "to the City." The Secretary noted it is not necessary as it refers to the same plan. There was a motion by Commissioner Mickelson and seconded by Commissioner Sander to call the question. The motion passed unanimously. 3 -16 -95 7 TIHESAVERS --- B CENTER PU8 ACTION RECOMMENDING APPROVAL OF APPLICATION NO, 95044 (VENSTAR C ORPORATTON) There was a motion by Commissioner Mickelson and seconded by Commissioner Boeck to recommend approval of Application No. 95004 submitted by VenStar Corporation for site and building plan approval for a 60,090 square foot building for General Litho Services, Inc. to he located west of Parkway Circle, north of the Holiday Inn, subject to the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the iwiance of building permits. 2. Grading, drainage and utilities plans are subject to review and approval by the Engineering Department prior to the issuance of building permits. 3. A Performance Agreement and supporting Financial Guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of building permits. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be, connected to a central monitoring device in accordance with Chapter 5 of the City ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance, 7. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the City ordinances. n driving 8. B -612 curb and gutter shall be provided around all parking and dri g areas. 9. The applicant shall submit an as -built survey of the property, improvements and utility service lines prior to release of the Performance Guarantee. 10. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems, prior to the issuance of building permits. 11. The applicant shall provide appropriate erosion and sediment control devices on the It 7 rin d rin construction as approved b the Irn ince site u construcho p b PP Y g g De artmcnt. 3 -16 -95 8 TUIESAVERS --- B CENTER PO 12, The storm drainage system shall be approved by the Shingle Creek Watershed Management Commission prior to the issuance of building permits. 13. Ponding areas required as a part of the storm drainage plan shall be protected by an approved easement The easement document(s) shall be executed and filed with Hennepin County prior to the issuance of building permits, 14. The 20 parking stalls indicated on the north side of the site shall be dedicated as off- site accessory parking for the sole use of the adjoining property. Said declaration shall he filed with the title to the properties prior to the issuance of building permits. 15. An amended Special Use Permit for off -site accessory parking on Parkway Circle, the central parking lot and adjoining areas relieving the subject property of its 153 parking stall dedication will he required to be granted and an appropriate amendment to the easement agreement and declaration of covenants relating to these properties shall be executed and filed with Hennepin County prior to the issuance of building permits for this project, 16. All work performed and materials used for construction of utilities shall conform to the City of 1rooklyn Center's current standard specification$ and details. Votin g � in favor; Chairp Willson Commissioners Boeck Holmes Mickelson, and Sander. The motion passed unanimously, The Secretary noted that the application will be referred to the City Council at the March 27 1995, meeting, The applicant is required to be present at the City Council meeting, if anv r h anopS nr mnrlifira 'nn. ;� p made to e. nlans rior to C�tv C' u n Si der ation, thGY may have to be brought'�ac�k �etore the 9iann�ng gmmissl8n rdi .' The Secretary also noted the applicant is aware that any future modification must be brought to the Planning Commission. Commissioner Sander commented it is a compliment to the City that a business owner desires to stay in Brooklyn Center, Mr. l ricksmoen noted the purchase of the property is not yet complete as there are contingencies both ways, Commissioner Sander offered best wishes on the project. OTHER BUSINESS The Sccrctary mentioned copies of the studies on adult uses will be provided. The langnage "property line to property line" will be changed in the ordinance. The moratorium is in 3 -16 -95 9 Council Meeting Date 3/27/95 31 City of Brooklyn Center Agenda Item Number `7 n Request For Council Consideration Item Description: Staff Report Re: Improvement Project No. 1994 -13, 65th Avenue Realignment, Brooklyn Boulevard to Indiana Avenue Department Approval: Dias pector, Director � Oblic Se i Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Staff report. Consider whether some portion of the costs of the project would be assessed to the adjacent property owners. If the Council wishes to assess some part of the cost, a resolution declaring cost to be assessed and scheduling hearing on the project and the assessments is provided. If the g g P J P Council declines to assess the cost of the roadway, a resolution accepting the feasibility report and ordering preparation of plans and specifications is provided. Summary Explanation: (supporting documentation attached Yes ) The Park and Ride /Pond /Associated Improvements project includes the reconstruction and realignment of 65th Avenue from Brooklyn Boulevard to Indiana Avenue. The purpose of the realignment is to flatten out the two curves on 65th to improve safety. The street to the east of approximately Marlin Drive will be constructed to a higher standard than is usual for a residential street, to accommodate the bus traffic. Our joint powers agreement with the MCTO provides that they will pay the cost of the extra depth of pavement. They will also pay one -half of the cost of the street reconstruction for that segment of 65th that would abut the Park and Ride. The City's share of the cost of the roadway realignment would be charged to the storm drainage utility. Last year the City sold storm drainage revenue bonds to finance the acquisition of property, and construction of the storm water pond /open space improvements and the realignment of 65th Avenue. The attached feasibility report prepared by Sue Mason, the design engineer for the project from the firm of Short Elliot Hendrickson, summarizes the proposed project. The final alignment of 65th Avenue has not yet been established, as we have not yet met with the property owners on the south • side of 65th to review options with them. However, we do intend to meet with them within the next two to four weeks. The purpose for bringing this item to the council's attention now is to make a final determination on project financing. Typically, a street improvement project is assessed in part or whole to the Request For Council Consideration Page 2 benefitting property owners. Obviously the MCTO is a benefitting property owner, and they have • agreed to pay a substantial portion of the cost of the street improvement where their facility would abut 65th Avenue. However, there are eight residences abutting 65th Avenue, an apartment complex, and a dental clinic. They would benefit from having the street reconstructed, curb and gutter installed, and in the case of some of those residences, the street actually realigned so it is farther from them. However, the argument could be made that this street would not have come up for reconstruction for several more years, but for the Park and Ride /Pond project. The MCTO recognized this fact and agreed to pay one -third the assessments which would have been charged the residential properties, suggesting that the City consider paying one - third, or perhaps two - thirds, meaning the residential properties would have no assessments at all. It would not be inappropriate for the Council to consider paying one - third, or perhaps even the remaining two- thirds of the $1,550 assessment (the rate which was in effect when the Park and Ride /Pond project was approved). The City and the MCTO paying the special assessment would certainly make the project more acceptable to the neighbors. The two non - residential properties, the apartments and the dental clinic, may be another situation. the MCTO did not agree to pay a portion of the assessments to those properties. However, the same argument that they would not have been subject to assessments but for the project also applies. It is staff's recommendation that the Council consider paying the full amount of the assessments, in • other words, not levy any assessments, with MCTO contributing to the overall project financing that part of the residential assessments it was prepared to contribute. If the Council wishes to assess same or all of these properties, then the proper step at this time is to receive the feasibility report, declare the cost to be assessed and call for a public hearing on April 24, 1995. If the Council declines to levy special assessments, the proper step at this time is to receive the feasibility report, and direct the consulting engineer to prepare plans and specifications. 9c i Member introduced the following resolution and . moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING PROJECT, RECEIVING ENGINEER'S FEASIBILITY REPORT DECLARING COST TO BE ASSESSED AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NO. 1994 -13, 65TH AVENUE REALIGNMENT BROOKLYN BOULEVARD TO INDIANA AVENUE WHEREAS, the City Council by Resolution No. 93 -188 approved the realignment of cp 65th Avenue between Brooklyn Boulevard and Indiana Avenue, to be integrated with an approved program of improvements including an MCTO Park and Ride facility, a storm water pond, and park/open space improvements; and WHEREAS, the City's consulting engineer has prepared a feasibility report, and recommends that proposed improvements be considered; and WHEREAS, the City Council has received said feasibility report; and • WHEREAS, costs have been estimated for these proposed street and storm sewer improvements; and WHEREAS, it is proposed to assess a portion of the cost of street improvements against all properties abutting 65th Avenue from Brooklyn Boulevard to Indiana Avenue, except that the MCTO has agreed to reimburse the City outright for its share of improvements; and WHEREAS, the cost to be assessed to the properties is estimated to be $18,538; and WHEREAS, the Deputy City Clerk, with the assistance of the Director of Public Services, has prepared a proposed assessment roll for each segment showing the proposed amount to be specifically assessed for such improvement against every assessable lot, piece, or parcel of land within the district affected, without regard to cash valuation, as provided by law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that: 1. Improvement Project 1994 -13, 65th Avenue Realignment, Brooklyn Boulevard to Indiana Avenue is hereby established. 2. The Engineer's feasibility report regarding said project is hereby received and 40 accepted. Resolution No. 3. A hearing shall be held on the 24th day of April, 1995, in the City Hall Council Chambers at 7:00 p.m. or as soon thereafter as the matter may be heard, to hear and pass upon said improvement project and at such time and place all persons owning property affected by said improvements will be given an opportunity to be heard with reference to said improvements. 4. That portion of the street improvement cost to be assessed against benefitted property owners is declared to be $18,538. 5. A hearing shall be held on the 24th day of April, 1995, in the City Hall Council Chambers at 7:00 p.m. or as soon thereafter as the matter may be heard, to hear and pass upon said assessment and at such time and place all persons owning property affected by said improvements will be given an opportunity to be heard with reference to said assessment. 6. The Deputy City Clerk is directed to cause a notice of both hearings to be published in the official newspaper at least two weeks prior to the hearings, and shall state in the notice the total cost of the improvement. 7. The Deputy City Clerk shall cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. Date Mayor ATTEST: Deputy 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. �ca Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING PROJECT, RECEIVING ENGINEER'S FEASIBILITY REPORT, AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS, IMPROVEMENT PROJECT NO. 1994 -13, 65TH AVENUE REALIGNMENT BROOKLYN BOULEVARD TO INDIANA AVENUE WHEREAS, the City Council by Resolution No. 93 -188 approved the realignment of 65th Avenue between Brooklyn Boulevard and Indiana Avenue, to be integrated with an approved program of improvements including an MCTO Park and Ride facility, a storm water pond, and park/open space improvements; and WHEREAS, the City's consulting engineer has prepared a feasibility report, and recommends that proposed improvements be considered; and WHEREAS, the City Council has received said feasibility report. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn ® Center that: 1. Improvement Project 1994 -13, 65th Avenue Realignment, Brooklyn Boulevard to Indiana Avenue is hereby established and ordered. 2. The Engineer's feasibility report regarding said project is hereby received and accepted. The City's consulting engineer is hereby authorized and directed to develop final plans and specifications for said improvements. Date Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: • and the following voted against the same: whereupon said resolution was declared duly passed and adopted. �I CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT CERTIFICATION ROLL 65th Avenue Realignment, Brooklyn Bouelvard to Indiana Avenue MUNICIPAL CODE NO. 22 OWNER LEVY PROPERTY ADDN. PROPERTY ASSESSED Name NO. IDENTIFICATION NO. NO. AMOUNT Address Mailing Address 34-119-21-24-0018 $1,034 4112 65th Avenue Leroy & Linda Evensen 34-119-21-31-0064 $1,034 6442 Indiana Avenue Daniel & Nora Ryan 34-119-21-31-0065 $1,034 4107 65th Avenue Honey Collodoro 34- 119 -21 -31 -0066 $1,034 6449 Marlin Drive Michael & Patricia Murphy,Jr 34-119-21-31-0086 $1,034 4023 65th Avenue Matthew & Debra Braun 34-119-21-31-0085 $1,034 4013 65th Avenue Russel Wald 34-119-21-31-0084 $1,034 4007 65th Avenue Eleanor Baldy 34- 119 -21 -31 -0083 $1,034 4001 65th Avenue William & Ilamae Wendt 34- 119 -21 -31 -0081 $4,200 3907 -65th Avenue Invesprov Ltd. Partnership 37 W Golden Lake Rd. Circle Pines, MN 55014 34- 119 -21 -31 -0104 $6,066 6437 Brooklyn Boulevard BrookPark Dental Center $18,538 *Note: $1,034 is the standard $1,550 assessment less MCTO's 1/3 contribution Page 1 FEASIBILITY REPORT WILL BE DELIVERED ON FRIDAY, MARCH 24. City of Brooklyn Center A great place to start. A great place to stay. • March 24, 1995 MEMORANDUM TO: Mayor Kragness and Council Members FROM: Diane Spector Director of Publi rvi' ces SUBJ: 65th Avenue Feasibility Report My apologies for the delay in receiving the feasibility report; our consultant could not complete the report until she received some information from Hennepin County, which arrived too late to complete the report and get copies to us for Thursday's distribution. The Engineer's estimated project cost is $164,700. This compares favorably to our initial estimate of $250,000. Our cooperative agreement with MCTO obligates them to pay up to $68,437 of that amount. The City in 1994 issued revenue bonds to be repaid from the storm drainage utility to finance the City's share of the overall project costs. The following is the Engineer's estimate of project costs and revenues, assuming no special assessments are levied. COSTS Water Main $5,370 Roadway 100,733 Signals 28,600 TOTAL $164,703 REVENUES Water Utility $5,370 MCTO 63,309 Storm Drainage Utility 96,024 TOTAL $164,703 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 65th Avenue North Improvements Feasibility Report Brooklyn Center Minnesota SEH No. A- BROCT9502.00 City Improvement Project No. 1993-18 March 27, 1995 � SEFI 65th Avenue North Improvements Feasibility Report Brooklyn Center Minnesota SEH No. A- BROCT9502.00 March 27, 1995 I hereby certify that this report was prepared by me or under my direct supervision, and that I am a duly Registered Engineer under the laws of the State of Minnesota. Ao4l Date: /arch 27, 1995 Reg. No.: 18612 Reviewed by: — 7� - 3 1 TjLcl5 Date Short Elliott Hendrickson Inc. 3535 Vadnais Center Drive St. Paul, Minnesota 55110 (612) 490 -2000 3535 VADNAIS CENTER DRIVE. 200 SEH CENTER, ST PAUL. MN 551 10 612490-2000 800325-2055 ARCHITECTURE ENGINEERING ENVIRONMENTAL TRANSPORTATION March 24, 1995 RE: Brooklyn Center, Minnesota Feasibility Report 65th Avenue North Improvements SEH No. A- BROCT9502.00 City Improvement No. 1993 -18 Honorable Mayor and City Council Attention: Diane Spector, Director of Public Services City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 In accordance with your authorization, we are pleased to submit the Feasibility Report for the 65th Avenue North Street Improvements. The project involves the realignment and reconstruction of 65th Avenue North from Brooklyn Boulevard to Indiana Avenue. The reconstruction of 65th Avenue in this area is required due to the .adjacent Park and Ride Facility proposed by the Metropolitan Council Transit Operations (MCTO). Reconstruction of 65th Avenue is proposed to be constructed in conjunction with the Park and Ride Facility and also a storm water detention pond and miscellaneous storm sewer improvements. This report reviews the existing conditions, includes specific recommendations, and provides cost estimates necessary to evaluate the feasibility of the proposed improvements to 65th Avenue. We find the project feasible and recommend it be constructed as outlined. The estimated project cost is $164,700. Respectfully submitted, y usan M. Mason, P.E. cp Enclosure SHORT ELLIOTT HENDRICKSON INC. MINNEAPOLIS, MN ST CLOUD, MN CHIPPEWA FALLS, W1 MADISON. WI LAKE COUNTY. IN EQUAL OPPORTUNITY EMPLOYER Table of Contents Certification Page Letter of Transmittal Table of Contents Page Conclusions and Recommendations 1 Introduction 2 Existing Conditions 2 Sanitary Sewer and Water Main 2 Existing Street Condition 3 Drainage 3 Proposed Improvements 3 Sanitary Sewer and Water Main 3 Roadway Improvements 3 Drainage Improvements 5 Traffic Signals 5 Right -of -Way 5 Estimated Costs 6 Cost Recovery 6 Estimated Schedule 6 List of Appendices Appendix A Drawings Appendix B Cost Estimate Feasibility Report for 65th Avenue North Improvements A- BROCT9502.00 Brooklyn Center, Minnesota Page i March 27,1995 Feasibility Report for 65th Avenue North Improvements Brooklyn Center, Minnesota Conclusions and Recommendations As a result of our investigation and studies, it is concluded that: 1. 65th Avenue should be reconstructed to city standard width of 30 feet with concrete curb and gutter and widened as necessary to accommodate additional turn lanes. 2. A left turn on 65th Avenue should be constructed to provide additional turning moments for busses and cars. 3. The existing reverse curves on 65th Avenue can be slightly flattened to increase safety within the project area. 4. Sidewalk should be extended on the north side of 65th Avenue from Brooklyn Boulevard to Indiana Avenue. 5. The proposed improvements are feasible. 6. The estimated project cost is $164,700. This cost does not include capitalized interest. Based on these conclusions, we recommend: 1. Sanitary sewers be televised and a manholes condition survey performed to review the existing condition of the pipe for any repair needs that could be scheduled with the project. 2. A neighborhood meeting be held to discuss the project prior to final plan and specification preparation. A- BROCT9502.00 Page 1 3. Improvements should be constructed as described in this report. Introduction The area of the proposed improvements is located in the southwest quadrant of I -694 and Brooklyn Boulevard. More specifically, the realignment and reconstruction of 65th Avenue North is proposed to occur between Brooklyn Boulevard and Indiana Avenue. The street reconstruction is part of a cooperative agreement project between the City of Brooklyn Center and the Metropolitan Council Transit Operations (MCTO). The cooperative agreement project also includes construction of a 200 - 230 car Park and Ride Facility and a storm water detention basin. The City and the MCTO developed a preliminary design for the project and have held numerous public meetings with the affected neighborhood to discuss the impact of the MCTO parking lot and the proposed improvements to the street.. This Feasibility Report was authorized to address the improvements, costs and cost recovery for the 65th Avenue North street reconstruction portion of the project. The scope of this study includes the following improvements: r • Street reconstruction based on the approved preliminary geometric layout. • Identification of existing utilities within the proposed project area which will be affected by construction. SEH is concurrently preparing a site layout and preliminary plat for the Park and Ride Facility. Site surveys have been accomplished with this phase of work in order to refine the parking lot layout and investigate the ability to save existing trees. The layout will also provide preliminary landscape design amenity schemes for plant materials and bus shelters. SEH is also currently preparing a trunk storm sewer system Phase II study for the area in order to incorporate the final drainage design recommendations into the overall construction project. Drawing No. 1 indicates the project location. Existing Conditions Sanitary Sewer and Water Main Sanitary sewer and water main exist on 65th Avenue North. Discussion with the City of Brooklyn Center public utility supervisor has indicated that there are no known utility repair or improvement Feasibility Report for 65th Avenue North Improvements A- BROCT9502.00 Brooklyn Center, Minnesota Page 2 needs. Public Works will survey the manholes for necessary repairs before final plans and specifications are prepared. It is also • recommended to televise the sewer pipe prior to construction. Existing Street Condition 65th Avenue is a local street that serves the surrounding neighborhood. The traffic analysis prepared for the proposed Park and Ride Facility by SRF in July of 1993 reported the existing average daily traffic to be between 3,685 and 3,404. The existing street is approximately 30 feet wide. There currently is no concrete curb and gutter present. The existing 65th Avenue alignment has two sharp reverse curves between Brooklyn Boulevard and Marlin Drive. Concrete walk exists on the south and east side of the street. The subsurface soils investigation revealed the existing street section to consist of 3" of bituminous over a 3" aggregate base. The subgrade soils are silty sand and sand with silt. The AASHTO classification of the subgrade soils is estimated to be A -1 -b and A -3. Drainage Storm sewer exists in 65th Avenue. Storm water runoff is currently being collected at catch basins that flow into a 54" diameter trunk storm sewer. The absence of curb and gutter is cause for some standing water and makes for inefficient collection of water to catch basins. Existing catch basins and manholes that will remain after construction will be surveyed prior to plan and specification preparation for repair needs. Proposed Improvements Sanitary Sewer and Water main The proposed sanitary sewer and water main improvement is limited to the adjustment of structures and relocation of hydrants and valves to fit the new street The reconstruction work will require adjustment of the sanitary sewer manhole castings to fit the new roadway. Two of the manholes will be located in the boulevard as the new alignment shifts easterly. The reconstruction will require relocation of two hydrants along the roadway where the edge of the street changes because of the new alignment and increased radii at the intersections. Roadway Improvements The traffic study prepared by SRF in July of 1993 analyzed the traffic impact of the proposed Park and Ride Facility to be located in the northwest quadrant of Brooklyn Boulevard and 65th Avenue. The Feasibility Report for 65th Avenue North Improvements A- BROCT9502.00 Brooklyn Center, Minnesota Page 3 daily traffic forecasts reported show 4,265 ADT at the opening of the Park and Ride Facility and 6,485 in the year 2010. The Park and Ride Facility is reported to generate 580 trips per day. MCTO estimates a total of approximately 40 trips will be generated on weekdays and 20 trips on weekend days. The roadway improvements considered under this project consist of channelization and capacity improvements required at the intersection of the bus exiting drive east of Marlin Drive and the intersection of Brooklyn Boulevard. The actual reconstruction of 65th Avenue North will extend from Indiana Avenue to Brooklyn Boulevard. The proposed improvements include constructing a median opposite the bus exiting drive east of Marlin Drive to protect busses and cars exiting and to help prevent cars entering the parking lot at that location. A three lane roadway will be constructed from the westerly drive to Brooklyn Boulevard providing for an east bound left turn lane, an eastbound through lane, and a westbound through lane. The need to improve 65th Avenue for the Park and Ride Facility lot presents an opportunity to flatten the sharp reverse curves that presently exist. A larger radius curve will move the roadway further from the three remaining residences opposite the proposed lot. 65th Avenue will be constructed to city standards including concrete curb and gutter. The width of the street will be 30 feet front face of curb to front face of curb up to the widening required for the left turn lane and median. The total width at the Brooklyn Boulevard intersection is proposed to be 40 feet. Turning radii will be constructed to accommodate the bus traffic. The estimated R -value or strength value of the subgrade material is 60. The existing subgrade material will provide a good roadway foundation given proper compaction and moisture content. The typical section of the street is proposed to consist of 2" of bituminous wearing course, 2" bituminous base course and 6" of Class 5 aggregate base. A portion of the existing sidewalk is expected to be replaced along the south and west side of the street where it will be impacted by construction. New sidewalk is proposed for the north and east side of 65th Avenue to accommodate the pedestrian traffic to the Park and Ride Facility and also to provide a connection to the trail proposed to be routed through the ponding site and eventually connected under the 1 -694 bridge. Existing driveways impacted by the new alignment and construction will be replaced and extended as required. Concrete driveway Feasibility Report for 65th Avenue North Improvements A- BROCT9502.00 Brooklyn Center, Minnesota Page 4 aprons are proposed as part of the improvements. Each drive will paved with the same type of pavement that presently exists. . The proposed improvements are illustrated on Drawing No. 2. Drainage Improvements The local subwatershed drainage is being studied concurrently by SEH in a Phase II trunk storm water study. Ponding and storm sewer improvements are proposed to be incorporated into the 65th Avenue North /Park and Ride Facility /Ponding project. A permit has been obtained from the Shingle Creek Watershed Commission based on recommendations from the city wide management plan prepared in 1992 and subsequent preliminary analysis and design. The amount of ponding and piping required at the site is not expected to deviate greatly from the preliminary design and as permitted. Storm sewer improvements will be accomplished on the portion of 65th Avenue that is proposed to be reconstructed. The addition of concrete curb and gutter will greatly improve the efficiency of collection of surface water. Catch basins will be added at the low points and at intersections as necessary to pick up water. Traffic Signals The existing traffic signal at the intersection of Brooklyn Boulevard and 65th Avenue will require some modifications due to the construction impacts and also the new lane configuration. The signal timing ill also need to be modified to include the new demand b g Y the Park and Ride lot location. The reconstruction of 65th Avenue will require the relocation of both mast arm poles located on the north and south corners. The loop detectors in the pavement of 65th Avenue will also need to be replaced to accommodate the new construction and lane configuration. Previous discussion with Hennepin County has indicated their agreement to adjust the traffic signal on Brooklyn Boulevard to assign a higher priority to eastbound traffic on 65th Avenue in recognition of the importance of facilitating mass transit. Such an adjustment will also benefit other eastbound traffic approaching this intersection. Right -of -Way The City of Brooklyn Center has already acquired the properties adjacent to the proposed Park and Ride Facility. The platting procedure for the pond and Park and Ride site will provide for the • dedication of the permanent right -of -way required for the realignment on 65th Avenue. Feasibility Report for 65th Avenue North Improvements A- BROCT9502.00 Brooklyn Center, Minnesota Page 5 No additional permanent right -of -way will be necessary for construction. However, temporary easements for grading and sloping will likely be required. The actual construction limits . necessary for the improvements will be developed during preparation of final plans at which time the need for temporary easements will be reviewed. Estimated Costs The estimated project costs for the proposed improvements are as follows and include 10% construction contingencies and 30% for engineering, administration, fiscal and legal costs. The project costs do not include costs for right -of -way acquisition or capitalized interest. Project Costs Miscellaneous water main work $ 5,370 Roadway and storm sewer improvements 130,730 Traffic signals 28,600 Total Estimated Project Cost $ 164,700 Detailed cost estimates are included in Appendix B. Cost Recovery Adjacent properties are to be assessed under the existing city policy. The special assessment rate will be based on the 1994 rate of $1,550 /unit for residential properties. The dentist office and apartment building will be assessed the commercial rate of $.21 per square foot. The total square footage is calculated by taking the length of the frontage x 200 feet or the lot depth if less than 200 feet. Estimated Schedule Following is the estimated schedule for the 65th Avenue improvement project: Council Accepts Report and Orders Public Hearing March 27, 1995 Council Holds Public Hearing and Orders Plans and Specifications April 24, 1995 Council Approves Plans and Specifications and Orders Advertisement for Bids June 26, 1995 Bid Opening July 20, 1995 Council Awards Contract July 24, 1995 Begin Construction July 1995 Complete Construction November 1995 Feasibility Report for 65th Avenue North Improvements A- BROCT9502.00 Brooklyn Center, Minnesota Page 6 Appendix A Drawings N _= , -�� I 'I � U j Q ? Q Q U w I WINCHESTER LA. \ 65TH A E U NORTH r �1 o� I PR E C TION Q DR. P C 6 3RD AVE. N. �3RE). AV N. IF Ar FILE NO. 65THOOAVENUE C BROCT9502 -Sf7wrp DWG.NO. ENCJNEERSIARCH11EC1b7PLWNERS LOC ATION MAP I M,3UZKLr.UVVU I I I _ g INDIANA AVE 3 -10" I 8' 1 8 „ 12 - atfi - 8 12° I I 1 I � 4� 1 14" HOUSE I I I I I I O 6 I 1 12 "� 12 "� w T 24 "0 18 24 I 8 o HOUS z g I 6' MARLn I I I 1 5- 6 HOUSE I IT I 070 10 BIT Z 14" 30" 0 0 I � C � I OUSE D M �s-at4 m m 8 „ 3 IMPS` 14" 5- v bE 12" 12" UM m 24" O�� �• � 1 1 O FND �A ) �2 T FND 6' 0) "24" CJi �� � 0 3 -20" 0 O � O �' GAR eLO , , N 8 ° 2 z CO �C / � , 1 95 -6 3 pp m 24" gLOG \� -,4 2 C m O 6 24„ 24" GP" 8„ Gp 6 6 71 D M Z 24 O O \ C) 6° 4 .. 2 Q m� O \ p n 0 4 2 C 0 Q36" 4" m Z BIT #1162\ 0\ „ 24” � � 3 -6" � \ / 12" m \ 6 „ 1 95- 2 � � � g \ 12" 36 ,� 3 �, 36 R �} 3 -8' 14" no g O 6' ., V O - 0 �30" (A z O 14 6 " � � \ 3O" c 0 14' Zn g6 1� a � � 0 14\ r z QPjR •p�1�N 14 OCENTER o m 14" n m p g�S o v rs N • Appendix B Cost Estimate PRELIMINARY COST ESTIMATE BROOKLYN CENTER, MN 65TH AVENUE NORTH IMPROVEMENTS SEH FILE BROCT9502.00 CITY IMPROVEMENT NO.1993 -18 ITEM UNIT ITEM DESCRIPTION UNIT PRICE QUANT. TOTAL WATER MAIN 1 RELOCATE HYDRANT AND VALVE EACH 1,500.00 2 3,000.00 2 ADJUST GATE VALVE EACH 250.00 3 750.00 SUBTOTAL $3,750.00 10% CONTINGENCIES 380.00 EST. CONSTRUCTION $4,130.00 30 %ADMIN. & ENG. 1,240.00 WATER MAIN PROJECT COSTS $5,370.00 ROADWAY IMPROVEMENTS 3 MOBILIZATION LS 4,000.00 1 4,000.00 4 TRAFFIC CONTROL LS 2,500.00 1 2,500.00 5 CLEAR AND GRUB TREE 300.00 24 7,200.00 6 REMOVE EXISTING SIDEWALK S.F. 1.00 450 450.00 7 REMOVE CASTING EACH 50.00 7 350.00 8 REMOVE DRAINAGE STRUCTURE EACH 200.00 2 400.00 9 REMOVE CONCRETE CURB AND GU' L.F. 2.50 100 250.00 10 SAWING BITUMINOUS PAVEMENT L.F. 2.00 270 540.00 11 ADJUST MANHOLE EACH 150.00 6 900.00 • 12 COMMON EXCAVATION C.Y. 5.00 2080 10,400.00 13 TOPSOIL BORROW C.Y. 10.00 380 3,800.00 14 BITUMINOUS WEARING COURSE TON 24.00 540 12,960.00 15 BITUMINOUS BASE COURSE TON 22.00 540 11,880.00 16 AGGREGATE BASE, CLASS 5 C.Y. 8.00 1102 8,816.00 17 3'CONCRETE WALK S.F. 2.00 882 1,764.00 18 4' CONCRETE WALK S.F. 2.00 874 1,748.00 19 6' CONCRETE WALK S.F. 3.00 208 624.00 20 8618 CONCRETE CURB AND GUTTEF L.F. 225 2270 5,107.50 21 F &I SIGNS TYPE C S.F. 28.00 54.5 1,526.00 22 STRIPING L.F. 0.75 1660 1,245.00 23 PAVEMENT MESSAGES EACH 100.00 2 200.00 24 12' RCP STORM SEWER L.F. 25.00 65 1,625.00 25 15' RCP STORM SEWER L.F. 28.00 125 3,500.00 26 CASTINGS EACH 250.00 6 1,500.00 27 SODDINGTYPE LAWN S.Y. 2.50 3255 8,137.50 SUBTOTAL $91,423.00 10% CONTINGENCIES 9,140.00 EST. CONSTRUCTION $100,563.00 30% ADMIN. & ENG. 30,170.00 STREET & STORM SEWER PROJECT COSTS $130,733.00 TRAFFIC SIGNALS 27 REVISE TRAFFIC SIGNAL LUMP SUM 20,000.00 1 20,000.00 SUBTOTAL $20,000.00 10% CONTINGENCIES 2,000.00 EST. CONSTRUCTION $22,000.00 30% ADMIN. & ENG. 6,600.00 TRAFFIC SIGNAL PROJECT COST $28,600.00 TOTAL PROJECT COSTS $164,703.00 Council Meeting Date 3/27/95 a —` 31 City of Brooklyn Center Agenda Itcm Number / �7 Request For Council Consideration • Item Description: Pending Ownership Transfer of Northwest Suburbs Cable Communications System Department Approval: / 1 Gerald G. Splinter, City 144nager Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Review the Northwest Suburbs Cable Communications Commission's list of transfer issues and make modifications or suggestions or additions. • Summary Explanation: ( documentation attached X Y P (s PP b ) In December it was announced that Continental Cable would be purchasing our cable TV system from the current owner King Videocable. As a part of this process, the Cable Communications Commission must review and approve the transfer. Attached for your information and consideration, a copy of a letter and memorandum relating to the commission's issues they intend to address as a part of this process. The City Councils in the Cable Communications Commission are being asked to review these issues, make suggestions, add to the list or delete from the list. Please review these materials, and if you believe there are issues or have any other suggestions which the Cable Commission hasn't considered be prepared to direct staff to ask the commission to add them to their list. NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION 6900 Winnetka Avenue North Brooklyn Park, MN 55428 (612) 536-8355 March 21, 1995 Gerald Splinter City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Jerry: It was recently announced that control of the cable system now owned by King Videocable will be transferred to Continental Cable Vision. The proposed transfer needs to be approved by the Commission in accordance with state and federal law. I would ask that you bring this to the attention of the Mayor and City Council. We have scheduled a public hearing to discuss the proposed transfer for April 6, 1995, a Thursday evening at 7:00pm, at the Brooklyn Center City Hall. If you have any questions or concerns regarding this transfer you may write or phone me or attend the hearing. I have included a list of questions which the Commission has asked Continental to resnond to. If you have anv_ questions regarding the list, please phone me at 533 -8196. Thank You. Sirfgerely, r Greg,Moore, Executive Director Northwest Suburbs Cable Communications Commission Enclosure Brooklyn Center • Brooklyn Park • Crystal • Golden Valley • Maple Grove • New Hope • Osseo • Plymouth • Robbinsdale ATTACIHPIBN= c NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION 6900 Winnetka Avenue North Brooklyn Park, MN 55428 (612) 536 -8355 TO: NORTHWEST SUBURBS CABLE COMMISSION FROM: GREG MOORE DATE: FEBRUARY 8, 1995 RE: PENDING TRANSFER OF OWNERSHIP FROM KING VIDEOCABLE TO CONTINENTAL In December of 1994 it was announced that Continental Cable was purchasing the cable systems around the country owned by King. While we've been notified of this impending sale we have not received the formal notification required by federal law. We expect to receive this formal notification at any time. I In anticipation ownership which p of the sale and transfer of weer hip lch ust m be approved by the Commission I would suggest that we, as.we've done in the past, delegate the review and negotiation aspects of the transfer to the Negotiating Committee and then have the Committee report back to the full Commission with their recommendation(s) for consideration by the full Commission. The Committee is currently comprised of the following Commissioners: Jack Irving, Chair; Bill Blonigan; Mary Gwin- Lenth; Gerry Splinter; and Ray Stockman. In addition to the pro -forma aspects of the proposed transfer I suggest we discuss the following issues: * the Commission's right or option to purchase the cable system,-known as the Right of First Refusal. This was the option used by the Commission in 1989 that resulted in a $5,000,000 settlement to the Commission not to exercise its option. * Continental's plans to increase channel capacity and /or to rebuild the cable system to offer interactive services and to be able to monitor viewership of channels electronically. * Continental's plans to offer computer based services which are available now or in the near future such as; Internet and Prodigy Plus. * Continental's plans to improve the quality of signals returning to its headend from remote sites on its system some of which are frequently used such as; city halls and others which are infrequently used such as; school gymnasiums or to use microwave as an alternative. Brooklyn Center • Brooklyn Park • Crystal • Golden Valley • Maple Grove • New Hope • Osseo • Plymouth • Robbinsdale * Plans to offer free, universal service, comprised of all access and local origination channels and local broadcast channels, to all residents passed by the cable system. * Plans to change, modify, or strengthen the present community television effort and to sell ads on channel 12 and split the revenue from such ad sales with NWCT. Plans to market your service in part by promoting community television. Continental's position with respect to having a check -off on each monthly bill so that subscribers can voluntarily contribute to NWCT. *Plans with respect to the utilization of space within or the sale of the Maple Grove and Plymouth hub sites. * Plans with respect to altering the present situation wherein a corporate executive, customer service representatives, dispatch, service personnel and vehicles, and sales and marketing personnel are located at 6900 Winnetka Ave No. Council Meeting Date 3/27/95 q 3 City of Brooklyn Center Agenda Item Number / Request For Council Consideration Item Description: Legislative Update Department Approval: Gerald G. Splinterivity Manager Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Review attached materials and make appropriate comments and directions to staff. • Summary Explanation: (supporting documentation attached ) Attached please find copies of various materials relating to current activity at the State Legislature. I will be prepared to give the City Council a brief moral update at the meeting on Monday evening. • League of Minnesota Cities _ Cities Bulleti _ 0 0 Number 11 March 17, 1995 House and Senate DFL announce budget targets Both would restore current year LGAMACA cuts Gary Carlson Senate targets property. The freeze is intended to spur The House and Senate DFL have The Senate targets include $265 a discussion of property tax reform. w 565 City officials and city residents o million for schools as well a� � announced their bud-et tar_ets for the upcoming 1996 -97 biennium. Both million for various tax committee would bear the burden of the freeze. would restore current vear cuts in local initiatives compared to the Governor's One city official contacted the League government aid (LGA) and homestead budget. These additional funds are the and suggested that if they were planning to reduce their 1996 levy, result of the elimination of the and agricultural credit aid (HACA)• would the freeze mean that the have The targets establish the basic param- Governor's $2_0 million expanded Y eters for the DFLers and provide the reserve and an additional $150 million to collect more taxes than they need. first substantive glimpse at the direr- in other cost savings. According to tion of the DFL priorities for the senate staff, a portion of the S65 See Budget targets, page 4 upcoming biennial budget. million tax committee target will be The targets are referenced relative used to restore the LGA and HACA to the Governor's proposed budget. In cuts proposed by the governor. Al- The League sends the Cities the Governor's supplemental budget though the details are in flux, the Bulletin to the mayor and to the released on February 28, he announced Senate may have the resources to fully administrator or clerk. Be sure to the creation of an expanded reserve of restore the current year $57 million in I route it to your counciimembers 5220 million to cover potential federal LGA and HACA cuts as well as the i and department heads. le,islative changes that could impact S20 million in proposed cuts from the Minnesota. Most of the additional 1996 aid distributions. funds for education and property tax unfortunately. the Senate targets M rel of in both proposals come from not currently assume that a property tax i eat shin�T the Gove ^or's prop s� freeze is imposed. The freeze details f expanded budget reser, e.:? lhhough the have yet to be unveiled, but u.e basic � governor's reaction to the DFL stratezv concert is that an individual's tax bill is unclear at this time, he will likeiv in 199(; would be the same as in 1995. oppose any budget that does not The freeze would apparently not cover increase the state's budget reserve. new construction or improvements to I 1 I Page 3 - Cities conference j Page 4 - Tort liability i President Clinton and speaker I A House sutccmmittee approved I Gincricn stoke to city officials at i a bill to increase municipal tort the NLC Congressional Cities i liability. Conference. 1 L_ 1995 League of Minnesota Cities Action Auenda we will include this list every week of the legislative session with a page number if a story appears about the issue. C ontents Unfunded Mandates - Oppose additional unfunded mandates and allow cities not to comply with current unfunded mandates. House and Senate DFL announce budget targets ...................... I Local Government Aid - Maintain LGA National League concludes Congressional Cities at a constant, inflation - adjusted level and Conference ............................... , increase LGA levels to decrease the National League of Cities 1995 Action Agenda ........................ 3 reliance on the property tax. / page 1 4M Fund update .......................................... ............................... 4 Homestead Agricultural Credit Aid Salary and benefit survey questionnaires still needed ............... 4 Growth - Reinstate the HACA household Presidential primary faces uncertain future ............................... 5 growth adjustment factor and apply an Municipal tort liability bill receives first House hearing ........... 5 inflationary adjust factor similar to LGA. / ` _ page 1 Ethics bill amended: city officials included again ..................... Cities suffer wetlands setback ..................... ............................... 6 Transfers of LGA and HACA to Cities face uphill fight for on -ramps to the information schools - Protect city aid programs from superhighway ...... ............................... ........................... 7 further transfer to school aid programs. Guide provides overview of telecommunications ..................... 7 Bill summaries Growth iVlanagement and - " " "' " " " " ". " " " " " " " " ". 8 Restrict development outside city bound - League seeks water and sewer applications ............................. 11 aries, facilitate annexation of urban 1995 Legislative Conference tentative program and property, and maintain city authority over registration ............................................. ............................... 12 services provided to townships. Now is your chance to shine ..................... ............................... 14 Train ing/conferences TIF Penalties - Eliminate the LGA/ 15 HACA aid penalty for TIF use and Municipal ads .......................................... ............................... 16 reauthorize use of TIF on scattered site housing. Personnel - Reform the arbitration process and veterans preference discharge procedures. Telecommunications - Preserve local The Cities Bulletin lists authors of bill summaries by their initials. authority over rights of way and require GC —Gary Carlson state licensing of telecommunications AH —Ann Higgins providers to ensure public service and use. JJ— Joel lamnik / page 7 The Cities Bulletin is a publication of the League of Minnesota Cities and includes an update of state legislative. administrative. and congressional actions that affect cities. It Transportation - Increase revenue also includes reviews of metropolitan area issues by the Association of Metropolitan sources for transportation programs, and Municipalities. grant city authority to raise funds if necessary, eliminate all non transportation League le_islative staff members are available to answer your questions concen- use of highw fu in-, legislation relating to cities. `Yorkers' Compensation - Nlake Minnesota's system competitive with Executive Director Editor Typesetting and design neighboring states. Jim Miller Tim Busse Gavle Brodt Laurie Audene I League of Minnesota Cities, 3490 Lexington Avenue North. St. Paul, MN 55 126 Printed on recycled paper Phone: (612) 490 -:600; (300) 935 -1122; Fax: (612) 490- 0072: TDD: (612) 490 -9030. Page 2 LIIC Cities Bulletin Clinton, Gingrich speak to city officials ' National Lea concludes Congressional C ities Conference Gary Carlson The next National League event you would like more information on The 1995 National Lea_ue of will be the Congress of Cities which the National League of Cities, upcom- Cities Congressional Cities Conference will be held from November 29 ing conferences or the NLC's Action was highlighted by speeches from through December 2, 1995 in Phoenix, Agenda, please contact any member of President Bill Clinton and House Arizona. The 1996 Congressional the Lenaue of Minnesota Cities IGR Cities Conference will be held in staff. QE Speaker Newt Gingrich. President Clinton outlined his view of govern- Washington, D.C. from March 9 - 12. If mental reform, as well as reform efforts already initiated durin his first two National League of Cities 1995 Action Agenda years in office. Mr. Gingrich discussed his vision and rationale for the Contract At its March 11, 1995, meeting, the National league of Cities Board of Directors adopted a five -point Action Agenda which defines major legislative, policy development, and with America. a. More than 100 Minne- program priorities for 1995. The five issues selected by the Board reflected the priorities of rota city officials from around the state thousands of members who shared their perspectives with the NLC leadership before the attended the five day conference in final agenda was adopted. The 1995 Action Agenda builds on the successes of 1994 and provides a clear framework for advocacy at the national level on behalf of cities and towns, Washington, D.C. organizing grass roots efforts. Many of the conference sessions Reducing the Federal Deficit and National Debt focused On the congressional revolu- The leaders of the nation's cities and towns recognize it is time for a significant change in governance and in the role of the federal government. We support fundamental changes to lion OCCU in Washington and its reduce federal deficits and to make government more effective and accountable. We believe impacts On cities throughout the that deficit reduction is important and also that addressing America's problems is important country. LegislatiOri Such as the NLC believes that eliminating the federal deficit must go hand -in -hand with balancing decision- making responsibility among local, state, and federal leaders. Private Property Protection Act, or Enhancing Public Safety "takings" were highlig at Confer- 1995 is a year for rethinking public safety. We can build that agenda by bringing ence sessions. Other break Out sessions together diverse groups of stakeholders building on what we have accomplished and by recognizing that diverse approaches are needed to improve public safety. The more the focused on issues including the federal government recognizes and incorporates flexibility in its approach, the more effective environment, crime control and public it will be where it really matters —at the local level. Achieving this priority will require creative safety, the. Davis - Bacon Act, Fair Labor thinking and cooperative action on all levels of government Halting Unfunded Federal Mandates Standards Act and deficit reduction. We must move forward to address existing mandates that affect current budgets and At the conference, the National priorities of our citizens and taxpayers. We need to halt the Stormwater mandates. We need League of Cities Board of Directors set to fix the Safe Drinking Water Act. We need to end Davis -Bacon requirements that hurt local projects. We must fix the Fair Labor Standards Act (FLSA). We need to ensure there are its action agenda for the remainder of I cost- benefit and risk assessment statements on all proposed federal legislation, rules, and the current Congressional session. The I regulations. agenda includes policies that support Reforming Welfare Our weifare system is a failure. We need to participate as equal partners with the state reducing the federal deficit and i and federal government in a fundamental transformation to provide families who receive national debt, enhancing public safety, i weifare th e support and services they and their families need to move from welfare to work. halting unfunded mandates, reforming I Working together we could change the living conditions of the poor in our cities. We could transform the sccal and eccrcmic conditions which have contributed to the growth of welfare. and involving cities in the povery in cur nation's cities by enacting legislation to ensure that educational, work, and emerging telecommunications training opportunities are available, and that people who work earn sufficient wages to revolution. sucper, their families. Ccncress should net abdicate welfare responsibilities to the states without a specific On Tuesday, Minnesota City role fcr kcal governments because the effect would be to shift burdens and responsibilities officials participated in a marathon to us. We canrct and will not tolerate any aspect of welfare reform resulting in still another 1 series of meetings with each member of ! unfunded state or federal mandate. Getting on the Information Superhighway the Congressional delegation. The is information sucerhighway is here. It involves millions of jobs and trillions of dollar meetings focused on NL.0 policies that ! in cur Iecal economies. It could create and enhance the ability of cities and towns to serve are of particular concern to Minnesota rot crly their citizens more effectively and efficiently, but also to become the hubs of an internaticnal web cf economies. For cities, this is an opportunity that must be seized. But, city officials. including budizetary e o for mun c:pal leaders, this _.giving information sucerhighway could pre essential city reforms, the mandates reform bill, rct =_s and responsibilities. Hundreds of thousands of city residents could lose their jobs. The telecommunications reIOrms and irfcrmaticn superhighway could bypass cities and towns and, in the process, suck out jobs, franchise fees, and *.ax revenues. Future municipal economic growth, international competi nropery rights Ie�islation. Every ;;veness, rd economic security require investment in our infrastructure complex of member of the Minnesota con2res te!ecc-,^unicatio.s to bind our nation's cities together. As we embark upon the construction sional delezation, including Senators of a ne w teiecommunicaticns infrastructure, we must ensure that cities are the central hubs. Cites must ce at the tabie as coequal partners in planning the infrastructure that will shape «ellstone and Grams, was able to meet our nation s future. with the members from their district. March 17, 1995 Pa (ye 3 Budget targets According to Speaker Iry Ander- The Lea`_ue and tithe, city groups b son (DFL- International Falls), the have worked hard urging legislators to continued from patio l House will look beyond the restoration restore the current year LGA and Other officials are concerned about of the S57 million in proposed HACA cuts. The budget targets are a rising debt service requirements or gov'ernor's LGA and HACA cuts for step in the right direction and city union contract settlements and their ways to hold down future property tax officials should thank their representa- bearing on the property tax levy. When increases. However, Speaker Anderson tive and senators. However, the House the details are released, we will be able reaffirmed his position against the DFL targets do not appear to restore to answer these questions. Governor's proposed current year aid the $20 million in aid cuts proposed by cuts. ­In the hearings we have held, the governor for the 1996 distribution. House targets dozens of local officials have told us In addition, although the House DFL In comparison to the Governor's that a slash in aid like the Governor leadership mentioned property tax proposed budget, the House DFL proposed would force them to lay off controls, they did not specifically police and other essential workers," identify or endorse any tax reform targets include substantial increases in Anderson said. "We need a lon -term le Alternatives could ulti- funding for education as well as funds solution on property taxes, and will mately include a restructuring the state - to restore the $57 million in LGA and work to find one. But starving the local fiscal relationship, levy limits, HACA cuts proposed by the governor. cities and counties, as the Governor reverse referenda, or the controversial Although the targets a appear to be good 0 news for city officials and city rest- Proposes, is not the solution to the Senate property tax freeze proposal. problem." Many of these reform options could dents, they are far from becoming law. severely impact city government and could ultimately be more damaging than the governor's proposed cuts. QE 4M Fund update What Is the 4M Fund? The 4M Fund is a short-term money market fund specifically designed to address the cash management needs of Minnesota cities and their instrumentalities. The Fund is Salary and benefit comprised of the highest quality, short-term investments allowable under Minnesota J Statute 475.66 and the Fund's objectives are safety, liquidity and a competitive yield.The short term nature of the Fund helps to insulate it from the effect of changes in interest survey questionnaires rates. The Fund is managed by Insight Investment Management and Dain Bosworth and served by MBIA - Municipal Investors Service Corporation. A fixed rate investment still needed for Fund participants, program p p s, offenng such alternatives as certificates of deposit and U.S. Treasury and Agency securities, is also available. Paul Ness Market update —Week of March 6-10,1995 If you are still working on your Economic reports on unemployment, retail sales, and the Producer Price index have led city's 1995 salary and benefit question - some analysts to believe that the Federal Reserve will not raise interest rates again until May. These indicators seem to show that economic growth and the rate of inflation are naire, please complete and return it to within the Fed's target levels for the time being. In the market., six to 12 month yields the League as soon as possible. (Don't inched down six to eight basis points (.06 percent to .08 percent), while there is little worry about having missed the dead- ] change in the one to three month yields. Investors generally remain short, primarily ( line). Remember, the survey is only as ! holding maturities to under three months. representative as the number of cities Daily Rates —Week of March 6-10,1995 who participate. So, it is extremely Interest Average Maturity important that we maintain participa- Date Rate of Portfolio ! tion from year to year. I have heard 3/6 5.67% 22 days from several cities that are still neaoti- 317 5.68% 25 days ating but would like to hear from others 3/8 5.64% 25 days 3/9 5.60% 22 days if salary and benefit information is 3110 5.60% 22 days pending. You can send a letter about the status of your questionnaire or Interest rates are net of all applicaCfe fees. i contact me at (612) 490 -5600. Also, Daily interest compounding, free checking, and Automated Clearing House (ACH) i vivo me a call if you have any ques- t paymentsystemsareamongtheconveniencesofferedbytheFund .Formoreinformation, tions while completing your please call Kathy Kardell of Insight investment Management at (8C0) 333 -0813 or Shirley I TE Hogan at Dain Bosworth at (800) 388 -7125. questionnaire. Pa ,ge 4 LMC Cities Bulletin Presidential primary faces uncertain future Ann Hi;gins off which political party ballot they LNIC le�,islative policy emphasizes preferred and were even more indig- that it is not appropriate for cities to nant upon learning that the information conduct a presidential primary. The Committees in both the House and which was recorded on the local policy urges the legislature to fully Senate have nearly unanimously precinct voter roster was public data. fund a statewide mailed ballot and to approved legislation to repeal the 1996 That information was subsequently provide reimbursement to cities for any presidential primary. Primary critics made an official part of their voter costs incurred at the local level. If the point to the substantial costs, lack of identification on the statewide voter legislature fails to repeal the presiden- voter support, and failure of political registration system. tial primary, however, cities face parties to comply with the primary The League supported and the serious problems. It is estimated that a results in selecting national convention legislature approved repeal of the statewide mailed ballot primary will PP P delegates as reasons to repeal the law. presidential primary during the 1991 cost more than $3 million, and city For cities, the issue is one of session. However, the governor vetoed officials must be ready to insist on state misunderstanding and anger about the action and the primary was held. funding to cover those costs. Without requirements for voters to identify a The same scenario could occur again that funding and authorization for a political party preference in order to this session as elections bills calling for mailed ballot, cities will be forced to receive a ballot. In 1992, election repeal move to the floor of both House conduct the primary and will face the judges faced angry and suspicious and Senate for final action. Governor uncertainty of whether the legislature voters when they tried to explain at the Carlson has indicated he will veto will reimburse local government costs polls how the balloting was to be measures calling for repeal of the 1996 from state revenue sources. E1 conducted. Voters objected to checking presidential primary. Ethics bill amended: Municipal tort liability bill receives first city officials included House hearing again Joel Jamnik million effective January 1, 2000. The Joel Jamnik The House Judiciary Law Sub- House subcommittee adopted the full committee reviewed and approved a compromise without amendment. The Senate Ethics Committee has bill which would increase the munici- The Senate Judiciary Committee reconsidered its action last month pal tort liability limits on January 1, amended the Senate version of the bill which excluded all city and county 1996. The bill, a companion to Senator to increase the per claimant limit to officials from the coverage under the Randy Kelly's (DFL -St. Paul) pro- An eff OU effective January 1, 1996. ethics gift law. The Ethics Committee posal, represents a compromise An effort is being mounted to try to amended S.F. 339 to once again include between the bill's authors, the state, reinsta[e the orig compromise city and county officials, but included and local governments. numbers. Preliminary estimates by the school officials, and limited the The League indicate that t ue board has approved League of Minnesota Cities Insurance application of the law only to the the compromi� which would provide Trust indihhe tort liability elected local government officials. for an increase n the tort liability limits increases probably would not result in Under the proposed language, most from the current $200,000 per claim- a more than five percent increase in I appointed officials in local govern - anL 3600,000 per occurrence limits to coverage premiums for cities or ments and all employees, would 5250.000 per claimant 570,090 per governments that currently purchase probably not be covered by the gift law occurrence effective January 1. 1996. coverage with limits of 5200,OOOi provisions. A House committee was The compromise also would have the 5600.000- =-- scheduled to take up the House per occurrence limit increased to S 1 companion bill later in the week. We j will provide more information on this matter in next week's Bulletin. Q March 17, 1995 Page 5 Cities suffer - our i� Would you like to see wetlands Y Y community's accomplishment setback I on 08 Iffe Joel Jamnik at the LMC annual conference? The HouseAaricultural Committee rejected an amendment that would make the state pay all costs, damages, If so, your opportunity is here! fees, and compensation awarded against a local Government unit in a During the Minnesota Cities: Building Quality lawsuit brought under the wetland conservation act. "Takings" lawsuits Communities Conference this June, as part of the are a significant concern to city, county community life mini session, the community life and water management organization policy committee will present a slide show featuring administrators, and are one of the the accomplishments of 30 communities around primary reasons five counties have the state. refused to accept designation as local Government units under the wetland conservation act. The bill, H.F. 622, passed and was re- referred to the House Environment Committee where a hearing on wetland What was the problem What parts of your act amendments is scheduled for Friday identified that this ^ • r -r' community p morning. League staff has been ty o project/program were involved? working for the last several weeks with conservation grou s, landowners and addressed? � p developers groups, state agency Is there anything unique tO: administrators, and other local Govern- Who was involved in about this p roject }� p roj y ou are ment associations to try to reach a making this happen? proud of? compromise.on amendments to the wetland conservation act. Areas of concern include the application of the wetland conservation act to public and private road projects, exemptions for small wetland projects, provisions for Please send five to 10 slides with a 30 to 45 second narrative local comprehensive wetland plans, describing the nature of the project/prcgrams. and clarification of state agent Y roles. If you need additional information If your community is selected, you will be asked to bring additional on this matter or care to assist League information and provide a contact person. staff in representing city interests on the wetland conservation act amend - Send information and slides to Duke Addic:ks, Director of Member ments, please contact me. 1`57 Services, League of Minnesota Cities, 3490 Lexington Avenue North, St. Paul, MN 55126. Page 6 LMC Cities Bulletin Cities face uphill fight for on -ramps to the information superhighway Ann Higgins give cities the power to require In the House, Representative Steve companies offering new electronic Trimble (DFL -St. Paul), the new If actions by the Senate Jobs, information and video services to chairman of the House Re- ulated Energy and Community Development provide access for public, government, Industries Committee, indicated he Committee are any indication, legisla- and educational purposes. Instead, the wanted to examine issues related to tors either aren't listening or don't care committee approved an amendment telephone deregulation and the emer- about city concerns in the telecommu- calling for the development and Bence of new communications services. nications debate. Local officials need to funding of a Universal Service Fund to The League has urged Rep. Trimble to convince state lawmakers that it is in assure that all areas of the state would hear H.F. 857 (Kahn), the companion everyone's interest to assure that cities be able to minimally obtain, touch tone to S.F. 568, in order to consider these and the public benefit from the single -party service, line quality issues. EE deployment of new advanced elec• capable of carrying facsimile and data tronic information and communications transmissions, equal access, emergency services. services number capability, statewide Cities have made their concerns in telecommunications relay service for the issue clear since the debate began. the hearing- impaired, and blocking of Any legislative changes must allow long- distance toll services. Guide provides cities to: The amendment, offered by • Manage and receive compensation Senator Johnson, would also require overview of for the use of public property and the Minnesota Department of Public rights of way; Service to recommend to the 1996 telecommumeations • Assure public access to emerging legislature how to provide contribu- communications services; tions and expenditures and which Public Technology Inc. has • Maintain an equal playing field for additional phone services should be available A Guide to the Informa- local cable operators and providers included. Public Safety would also tion Superhighway CD -ROM. of competing video and other recommend whether the fund should be The CD -ROM is interactive services. used to provide public access to local and provides users with an over- On March 9, the Senate committee government and other programming, view of telecommunications issues, approved S.F. 752 (Novak, DFL -New and if so, how. Finally, the DPS would applications, and technologies. Brighton), which deals with alternative decide whether the fund should be used The guide is designed for local regulation of telephone companies. At to encourage construction of local government officials with an the same time, the committee failed to infrastructure to advance services and interest in the National Information i address the larger issues of assuring would develop a plan to encourage Infrastructure and combines video, public access and providing for local such construction and provide for those audio, and text -based data into a information infrastructure and services services, particularly in high -cost areas learning tool. that meet community needs. The bill of the state. It contains a glossary of key did not include requirements for The committee also adopted an telecommunications terms and telephone companies to provide or amendment directing the department to I concepts; results from a national support public, government, or ensure that emerging communications survey on telecommunications in educational access to new communica- technologies provide citizen access to local government; a bibliography tions services. There are no provisions local Qovernment and other public of telecommunications related in the bill to make it possible for cities access programming in a manner resources; and video and audio to see to it that there is a local informa- equivalent to that required of cable clips of leaders in the telecommuni- tion infrastructure to connect public operators under local franchise cations field, representatives from institutions and businesses and make agreements. The committee failed to the public and private sectors, and maximum use of new technologies and address the need for state policv the directors of the national communications services. establishing a right for cities to charge associations. - The committee did not hear S.F. for the private use of public rights of For more information or to - (J. Johnson. DFL -North Branch) a way by telephone companies and other order call (800) 740 -8 780. FU League supported bill which would profit- making businesses. j March 17, 1995 Page 7 Bill summaries Elections county auditor, and propose a state Mediation in waste management Recall of city officials constitutional amendment to lower the disputes S.F. 1059 (Pariseau) (Ethics & voting age for school district elections H.F. 1123 (Johnson, Munger) Campaign Reform) would establish a to 16. AH (Environment & Natural Resources) process for the recall of elected would conform the state definition of officials in statutory cities. A recall Election judges sewage sludge to the federal definition. election would be held if a petition is H.F. 1148 (Dehler, Opatz) (General The bill would require nonbinding submitted signed by eligible voters Legislation) would allow election mediation where cities have disputes equal to at least one -third of the votes judges to serve outside the county regarding sewage treatment (such as cast at the most recent general election where they reside. AH extraterritorial extensions/ annexation for that office. A recall petition would disputes) and would require cities have to be submitted no later than 45 Environment unable to reach agreement in such days after the petition is obtained from Recycled content requirements mediation to pay the costs associated the city, and the election would have to H.F. 1100 (iVlunger, Trimble, with any subsequent hearing necessary be held 60 days from the date that the Weaver, Long, Milbert) (Environment because of the failure to agree. JJ petition is determined to be valid. & Natural Resources) would require Officials who have been recalled could that newsprint used by printers of Businesses required to accept used seek election at any subsequent 10,000 or more copies per month motor oil and filters election for that office. AH include 25 percent post consumer S.F. 915 (Merriam, Price, Morse, material by January 1, 1997, and 50 Anderson) (Environment & Natural Various election matters percent by January 1, 2001. Identical Resources) would require businesses H.F. 1141 (Dawkins, Trimble, percentages and target dates would be that change motor oil for car owners, Hausman, Greiling, Entenza) (General required for glass and paperboard government maintenance garages, and Legislation) would require candidates packaging. Smaller printers would be retailers and wholesalers whose annual for partisan office to be nominated by required to include 15 percent post sales of motor oil exceed 2,000 ga petition in order to file for office consumer material by 1997, and 30 per location to accept five gallons of (whether or not they seek political percent by 2001. For rigid plastic used motor oil and five used oil filters party endorsement) and allow candi- containers, 10 percent and 25 percent per person per day. Specific exceptions .dates to accept the nomination by any levels would be required as of the same would be provided. The bill would bar other political party. Votes cast for target dates. The proposal sets penal- any fee from being collected for the such candidates would be counted and ties and provides for enforcement. JJ used oil, but would allow a fee of up to summarized in the same manner that is 50 cents for each used oil filter. The used for other candidates on the ballot. Technical corrections to water laws bill would set up a reimbursement The "new democracy act" would H.F. 1101 (Trimble, Munger, program and account to pay for 75 convene a nine- member campaign jury Lynch. Peterson, Kalis) (Environment percent of the costs of disposal of which would hold a debate the week & Natural Resources) would clarify contaminated motor oil. JJ before the state primary and general that the Depar ment of Natural Re- election among candidates for gover- sources may act when the county has Tax- forfeited land changes nor; the bill would set precinct cau- failed to adopt a shoreland conserva- S.F. 1023 (Lessard) (Environment cuses for the second Saturday in April. tion ordinance. The bill would & NaturaI Resources) would change allow youth ages 14 and older to authorize the use of general permits, tax - forfeited land provisions deleting participate, provide for voting during which would be applicable to all the requirement for notification to the 30 days prior to election day at the similarly situated applicants and would owners of property within 300 feet of, office of the county auditor or at any reduce the need for individual permits. but not adjoining to, property listed for other polling place designated by the JJ sale. The threshold for leases would be Page 8 LMC Cities Bulletin Bill summaries continued increased from $300 to 53,000 for Swift County to establish a redevelop- market value by at least $3,000 and the public sale requirements. The bill ment tax increment financing district in property has had the same owner for would also clarify that the county is not Torning Township exempt from the the previous five years. Specifically, a road authority, with respect to roads, LGA/HACA penalties in order to the value of the improvement would be for managing tax - forfeited lands facilitate the location of a manufactur- excluded for five years, and then added classified as conservation lands. GC ing facility. GC back in 20 percent increments over the next five years. The exclusion would Finance and Taxes Extension for North St. Paul TIF be limited to an increase in value of Airport property tax exemption district no. 2 -2 $50,000, raising, half of the structure, or extended H.F. 1315 (McCollum, Anderson, doubling its size. The bill would be H.F. 1172 (Macklin) (Taxes) would Dauner) (Local Government & effective for improvements made after extend the property tax exemption for Municipal Affairs) would extend the January 2, 1995. GC airport property to include property expiration date for tax increment located in metropolitan cities with financing district no. 2 -2 in North St. General government populations under 50,000. This bill Paul until the earliest of December 31, Benefits of civic and convention would be effective for the 1995 2010 or when total increments col- centers assessment, for taxes payable in 1996 lected equal the city's cleanup costs for H.F. 1103 (Hausman, Osthoff, and thereafter. GC that district. GC Trimble) (International Trade & Economic Development) would require Rental tax equity pilot project Sales and use tax exemption for that the tourism division of the Depart - proposed convention center improvement ment of Trade and Economic Develop - H.F. 1182 (Dawkins) (Taxes) S.F. 954 (Solon, Johnson, D.) ment assess the benefits of civic and would appropriate $8 million for a (Taxes) would provide a sales and use convention centers to the convention rental tax equity pilot project in tax exemption for construction supplies and tourism industry of the state and Minneapolis, St. Paul, Duluth, and a and materials used for improvement of report back to the legislature by June city designated as an economically a state convention center located 30, 1995. depressed area by the U.S. Department outside the metropolitan area. This bill of Commerce. The program would be would apply to purchases made by State prevailing wage law available to the owners of rental December 31, 1998. GC H.F. 1108 (Bettermann, Sviggum, property and would provide a property Daggett) (Labor - Management Rela- tax credit equal to the difference Bus manufacturer exempt from tions) would change the state prevail - between the current tax and the tax if penalties ing wage law governing wages on the property would have been classified S.F. 961 (Moe) (Taxes) would public contracts to use a median figure as homestead. Only properties with exempt from the LGAJHACA penalties in determining hour and wages. The four or more units that meet certain an economic development tax inc.-e- proposal specifies that contributions for guidelines would be eligible. Minne- ment financing district to be estab- health, vacation, pension and other apolis and St. Paul would each receive lished by July 1, 1996, located in benefits would be included in the S 1.5 million for 1996 and 1997 while Crookston, and used solely for passen- calculation of median hourly compen- Duluth and the other city would receive ger a bus manufacturing facility. GC sation. The requirement for payment S500,000 each year. The number of of prevailing wage rate would be participating properties would be Property tax exclusion for certain barred if the contract specifications, limited to stay within this funding. GC residential improvements request for proposal and contract did S.F. 1016 (Kramer, Belanger, not expressly include such rate. Torning township TIF exemption Flynn) (Taxes) would provide a Independent contractors would be H.F. 1284 (Peterson, Winter, property tax exclusion for improve- exempt from prevailing wage rates. JJ Solberg) (Local Government & ments made to any residential property Metropolitan Affairs) would authorize as long as the improvement increases March 17, 1995 Page 9 Bill summaries continued State licensure option for sign Veterans) would provide for issuance repeal the Department of Trade and .contractors of code interpretations by state building Economic Development economic S.F. 866 (Metzen) (Commerce & officials. The interpretations would be recovery -rant program. GC Consumer Protection) would provide binding upon all code officials and state licensure of sign contractors as an enforcement jurisdictions if submitted Service Cooperatives to replace alternative to local licensing. In through the Administrative Procedure ECSUs communities that do not require sign Act. The bill would also clarify the S.F. 975 (Hanson, Robertson, contractors to be licensed, a state difference between zoning and building Janezich) (Education) would help local license would not be required. Cities permits. JJ to work in cooperation would trigger state regulation by through programs and services offered passing an ordinance. The bill would Information policy training for by 10 service cooperatives (SCs). The exempt various signs including government officials and employees SCs would serve areas corresponding window signs, real estate signs, civic S.F. 884 (Ranum, Betzold, to regional development districts and and political signs, nameplates, holiday Knutson, Kiscaden) (Government would cooperate with local regional decorations, and religious signs. The Operations & Veterans) would appro- development commissions. Local bill provides for the establishment of priate funds to establish an information government membership would be fees and for the issuance of temporary policy training program for state and voluntary, and funding for programs licenses which would expire after one local government officials and employ- would be provided by members along year and could not be renewed. JJ ees. The program would provide both with state, federal, and private financial basic and specialized training on public support. The service cooperatives New procedures for administrative information policy, including govern- would be authorized to develop rulemaking ment data practices and records regional plans and to help meet the S.F. 872 (Hettinger, Moe, D.E. management. The bill would authorize needs of participating public agencies Johnson, Metzen, Stevens) would make grants to local governments. JJ and local units of government. Non- various changes to the rulemaking voting membership would be open to procedures under the Administrative Wind energy conversion systems non - public schools and other partner - Procedure Act. The bill would autho- S.F. 902 (Johnson, Marty) (Taxes) ship agencies and organizations. A rize the Legislative Commission to would allow public utilities which majority of the members of SC boards review administrative rules, under purchase wind generation installed of directors would be school board or certain conditions, to suspend rules and after June 1, 1995 to recover in rates school district officials, with remaining file objections to which the agencies excess contract payments made to the board members appointed as at -large are required to respond. Agencies developer in the amount of property tax representatives of other participating would be required to submit lists of due on that development. The bill agencies and units of government. The rules to the Governor, the Commission, would require the foundation, supports, service cooperatives would be encour- and the Revisor of Statutes, identifying and any protective structures associated aged to develop working relationships obsolete rules the timetable for repeal, with wind energy conversion systems and partnerships with post - secondary In seeking advice on proposed rules, installed on or after January 1, 1995, educational institutions, other public agencies would be required to solicit located in the same county, with the agencies, and business and industry. public comments by publishing notice same owner, producing in aggregate The bill would also encourage annual in the State Register. Most of the more than two megawatts of electricity, plans identifying programs and provisions would be effective January be subject to the property tax. GC services to be implemented as well as 1, 1996. JJ long -range plans to address areas such Repeal of economic recovery grant as distance teaming, technology State building code to apply to all program planning training and support services, buildings S.F. 903 (Riveness, Cohen, Morse, media and technology centers, em- S.F. 877 (Wiener. Hanson, Metzen, Merriam, Piper) (Jobs. Energy & ployee personnel, health and safety, Runbeck) (Governmental Operations & Community Development) would fiscal services, risk management Page 10 LMC Cities Bulletin Bill summaries continued programs, and cooperative purchasing definition of "building" to include tionai payment to these cities and services. AH fenced areas and separate rooms or funds. SP units of rooms when applied to Housing multiunit dwellings, hotels, or commer- Guarantee Low -cost, low - income housing cial buildings. The bill would change H.F. 816 (Clark, Dorn, Pelowski, appropriation the circumstances under which a public Opatz, Marko) (Governmental Opera - S.F. 926 (Piper, Riveness, nuisance exists to two or more separate tions) would create an enforceable Chmielewski. Flynn. Spear) (Jobs, occurrences of specified kinds of contractual right to plan benefits, Energy & Community Development) conduct in a 12 month period. The bill prohibiting any diminution or impair- would appropriate $250,000 to the would authorize a court to order ment. SP Minnesota Housing Finance Agency to appropriate relief upon proof of a fund a grant program for community nuisance and where a second nuisance Retirement - elected officials non - profit organizations in first class is found to be maintained by the same H.F. 1080 (Jefferson, R. Johnson, cities to provide low -cost permanent owner within a five year period, even if Smith) (Governmental Operations) and rental housing in neighborhoods in a different building, the court would would prospectively limit the participa- with high levels of poverty and lack of be required to close the building or a tion of local government elected affordable housing. (Companion is portion of it for two years or more. JJ officials to the PERA defined benefits H.F. 1187, which has been approved by plan, unless the person is a member of the House Committee on Housing and Retirement one of the state -wide retirement plans, referred to Econ. Dev., Infrastructure & Two percent police aid "excess" the three first class city teacher Regulation Finance Committee.) AH H.F. 995 (R. Johnson, Solberg, retirement plans, or the Minneapolis Brown, Jefferson, Smith) (Governmen- employees retirement plan at the time Land Use tal Operations) would allocate excess of election or appointment. This would New standards for metro area water police aid (the amount sent in by cities not apply to elected county attorneys or planning to PERA greater than that amount other elected local officials not mem- S.F. 897 (Price, Krentz, Morse, needed to pay the employers contribu- bers of a governing body. SP Riveness, Laidig) (Environment & tion to the PERA police and fire fund) Natural Resources) would change the back to certain cities with local police standards for metro area surface and or paid fire relief associations or such groundwater management. The associations consolidation accounts proposal would specify the authority of within PERA. The bill would retain League seeks the Board of Water and Soil Resources the current amount transferred annually in cases where no management plan is to the ambulance service personnel water and sewer implemented. The Board would be longevity award and incentive pro - required to establish a prioritized gram, and anv amounts for the peace applications schedule for plan revisions and officers stress reduction program would deadlines would be set for watershed go to this erogram instead of being I The League's res management organizations. Tax Ievies transferred to the general fund. library is seeking sample applica- for projects in approved and adopted Distributions to these particular cities tion forms for water and sewer plans would be allowed and emergency would be in proportion to their share of service (existing connections) and projects would be authorized to be the total unfunded accrued actuarial hook -ups (new connections). If undertaken by local initiative. JJ liability of all recipient relief associa- your city has application forms to tions and consolidation accounts. One- share, please send them to the Public Safety half, made in even numbered fiscal League of Minnesota Cities, 3490 Nc- standards and enforcement years• would reduce the state's current Lexington Avenue worth, St. procedures for public nuisances commitment to amortization state aid Paul, ININ 55126. 177 S.F. 885 (Ranum, Berglin. Pappas, and the other half made in odd num- I Cohen) (Judiciary) would expand the bered fiscal years would be an addi March 17, 1995 Page 11 Plan to attend the... M EE Lea�uc of Minncsota Cities League of Minnesota Cities 9 5 f• _ �-.___ .�.� _ Legislative ...:.' Conference r r Thursday, March 30 „"` ==-1 1 l E Radisson St. Paul Hotel x-�•- _.l 11 East Kellogg Boulevard St. Paul, MN 55101 Tentative Program 9:15 a.m. President's message 9:30 a.m. State revenues, the Governor's budget, and cities Will 1995 be a landmark year for city finances? 10:30 a.m. In -depth discussion of legislative events 11:30 a.m. Lunch 1:00 p.m. Briefing on legislative issues League staff will brief you on the most important issues to discuss with your legislators 2:00 p.m. Meet with your legislator at the State Capitol (transportation furnished) Schedule a time in advance or contact Andrea Atherton at the League to help set a meeting with your legislator. Page 12 LMC Cities Bulletin 1995 Legislative Conference Thursday, March 30 Radisson St. Paul Hotel 1995 Legislative Conference Registration Form City (Please print or type) Name Title Name Title Name Title Registration fee: Member city officials — ❑ advance S30 Non members — ❑ advance $45 on -site $45 ❑ on -site $60 Special Needs: If you are disabled and require special services or transportation, or if you have special dietary needs, please attach a written description to this registration form. Fee includes conference registration and luncheon. Make check payable and mail to Finance Department –LC League of Minnesota Cities 3490 Lexington Avenue North St. Paul, MN 55126 -1995 Legislative Conference Housing Form Organization Leag of Minnesota Cities Function 1995 Legislative Conferen Dates March 29 - 30, 1995 All requests for the above group must be received by Call for room availability Name Company (Please printortype) L ast First 1 Address City State Zip I Sharing room with No. of persons Signature Phone Number Mcnih ! Day I Year I Month I Day I Year j Special Reduced Rates for Arnval Cate Amval Time Departure Date Members Only Check in time 3:00 p.m. Check out time 12:00 P.M. S72 Single S72 Double (2 people) Accommodations will not be confirmed without a check for the first night's deposit or use your credit card numcer to guarantee your reservation. You will be charged for the first night if reservations are not canceled 48 hours prior to arrival. Make check payable and mail to the Crecit card # 1Amex :� Visa :3 Mastercard Radisson Hotel St. Paul Expiration date (Please cheek one) 11 East Kellogg Blvd. St. Paul, MN 55101 Special Housing Request: If you have special housing needs, e.g. wheelchair accessible room, etc. please attach a written description to this housing form. I March 17, 1995 Page 13 {* Now 1s your chance to sh tn e J N ominations are o en or the 1995 C.C. Ludwig, Leadership, and City � - Achievement Awards A� ' 1995 C.C. Ludwig and Leadership Awards The C.C. Ludwig Award honors elected city officials. The leadership Award �1 -honors appointed city officials.' These awards recognize outstanding leadership, the pursuit of excellence ink,,, r; municipal government, and unselfish concern for public welfare. 1995 City Achievement Awards w The City Achievement Awards recognize and encourage innovction and excellence in city government. Award categories include • communications, • communifi/ development, • public safety, • cooperation and consolidation, and • management. ?hese prestigious awards wiffbe presented at the League's annuaf conference, dune 13 -16, 1995, in Duluth. Deadline for appUcation is tlpiil14,1995. For more information on the awards program call the League at (612) 490 -5600 or (800) 925 -1122 Page 14 LMC Cities Bulletin Training/Conferences Selling Out America's Children Ninth Annual Local Government Telecommunications Conference Hennepin County Prevention Center Sports & Events Management Government Training Service March 28 —St. Paul Conference May 17- 18— Bloomington (612) 698 -0751 International City /County Management (612) 222 -7409 Association Growth Management Looking Back, April 20- 22— Atlanta, Georgia Sixteenth Annual National Meter Moving Forward (202) 962 -3652 Reading Conference Sensible Land Use Coalit.on Memphis Light, Gas and Water March 29— Bloomington Urban Storm Water Quality Division (612) 474 -3302 MN /WI Storm water Conference June 7- 9— Memphis April 25— Hudson, WI (901) 528 -4631 L;VIC Legislative Conference (715) 836 -4199 March 30—St. Paul LMC Annual Conference (612) 490 -5600 Sixth Annual Transportation Re- League of Minnesota Cities (800) 925 -1122 search Conference June 13- 16— Duluth University of Minnesota (612) 490 -5600 LMCIT Loss Control Workshops May 2- 3— Minneapolis (800) 925 -1122 LMC Insurance Trust (612) 626 -1632 April 5— Onamia LMC Clerk's Orientation April 6—St. Cloud 1995 Skill- Building Seminars League of Minnesota Cities April 12 —Saint Paul Minnesota Office of Dispute August 22- 24—LMC office April 18— Marshall Resolution (612) 490 -5600 April 19- 1 1 4ankato May 10 -11; September 20 -21; (800) 925 -1122 April 25— Rochester November 8 -9; June 14-19; April 26—St. Louis Park October 12 —New Bri -hton LMC Regional Meetings May 3— Crookston (612) 296 -2633 League of Minnesota Cities iVfay 4— Hibbing September 26, 27, 28 (612) 490 -5600 Conference on Access to Electronic October 3, 4, 5, 17, 18, 19, 24, 25, 26 (800) 925 -1122 Public Records (612) 490 -5600 U of M Journalism (800) 925 -1122 Fundamentals of Minnesota Envi- May 17— Minneapolis ronmental Law Compliance (612) 625 -8095 1995 LMC Policy Adoption Conference Government Institutes, Inc. League of Minnesota Cities April 10— Bloomington (301) 921 -2345 November 17 —St. Paul (612) 490 -5600 Tools for Tomorrow (800) 925 -1122 1995 BAM Conference Builders Association of Minnesota • Apri119— Minneapolis Conference Spotlight (612) 646 -7959 or j (800) 654 -7783 i The Sensible Land Use Coalition is holding a conference called Growth Management Looking Back, Moving Forward on Wednesday, LMC and MCHRMA Spring Nlarch 29, 1995, 8:30 am. to 4:30 p.m. at the Radisson Hotel South and Human Resources Conference Plaza Tower, I -194 and Highway 1CO, Bloomington. April 20- 21— Bloomington The focus of the conference is growth management and development j (612) 490 -5600 - issues that affect nearly every aspect of our lives, from where we will live and work to how our public resources are ultimately distributed. The quality of our lives will depend, to a large degree, on how we manage future growth in our region and how we balance competing needs, expectations and desires. For more information call (612) 474 -3302. I March 17, 1995 Page 15 Municipal ads finance officer, purchasing agent, grant Municipal ads are printed at no charge to member cities. Ads run in one writer, registrar, personnel officer, eco- issue only unless notice is received to run a second time. The Cities Bulletin is nomic development liaison person, as well published weekly during the legislative session and once a month during the as carrying out the directives of the City interim, the time between sessions. Ni lunicipal ads will appear in the next Council. Requirements include a Bachelors available Cities Bulletin. Cities have the right to reject any or all bids on degree in business administration, account - equipment or proposals, and to waive any informalities there. Nlinnesota ing, or related field, and/or equivalent cities are equal opportunity employers. relevant experience. Computer application skills, administrative, analytical, account - ing, industrial relations, and good oral and POSItiOIIS CITY ADMINISTRATOR. Hibbing written communication skills are necessary BUILDING INSPECTOR. Lakeville (population 18,500) is seeking; a city to ensure the smooth operation of the City. has afull -time temporary position (April administrator. Salary $45.000 - $65,000 This position will offer a salary plus benefit through October) available for a building DOQ. Mayor, clerk and five- member package. To request a complete job inspector. Position responsible for council elected for four -year staggered description and application, please contact: conducting inspections and plan review for terms. $11 M operating budget including City Clerk's Office, City of Chisholm, 316 construction work involving new and police, fire, public works, engineering. West Lake Street. Chisholm, MN 55719. existing structures. Must possess a State wastewater. sanitation, building inspection, Please send completed application and Class I Certification, course work in a assessing, library, and cemetery. The city resume to the above address by 4:30 p.m., B.I.T. program, effective communication has 160 full -time employees and is located March 29, 1995. skills, and ability to work in public service in northern Minnesota. 200 miles north of ELECTRIC LINEWORKER. Jackson environment. 313.00 /hour. Applicants the Twin Cities and 100 miles south of the has an opening for an electric lineworkez. must submit a City of Lakeville application Canadian border. Requirements include a The lineworker will perform a variety of by 4:30 p.m., April 3, 1995 to Employee degree in public administration or related assignments related to construction, Relations coordinator, City of Lakeville, field and five to 10 years management maintenance and operation of overhead and 20195 Holyoke Ave., Lakeville, MN experience. Will report to the City Counc underground power distribution and BUILDING OFFICIAL. Tonka Bay is Indicate on resume "confidential" and mail customer services. Wages will depend on interested in hiring a building official to to Ms. Kathy Husmann, Council Secretary, applicant's qualifications, training and conduct general municipal building 401 E. 21st St., Hibbing, pIN 55746 by experience. Member of IUOE union. inspections within the City of Tonka Bay. March 31. 1995. Applications available at City Hall or CITY ADMINISTRATOR. Moose resumes accepted; application deadline is All interested individuals or companies should contact City Administrator Patrick Lake is seeking a city administrator to 5:00 p.m. April 14, 1995. City of Jackson, Wussow at 4901 lvianitou Road or at (612) perform administrative and supervisory 80 West Ashley St., Jackson, MN 55143. 474 -7994. work coordinating and directing city LEGAL ASSISTANT. The League of CHIEF OF POLICE. Blue Earth, government operations. Bachelor's degree Minnesota Cities has a full time opening for (population 3.741) a full service community in public administration, political science, a Legal Assistant to assist attorneys in in south central Minnesota, is seeking community development, business. finance workers' compensation defense litigation qualified applicants for the position of or a related field and five years of profes- for municipal members of its self - insurance Chief of Police. Responsibilities include sional public sector administrative expert- pool. Major responsibilities will include directing a five- member department, ence required. A plaster's degree in fact investigation. drafting pleadings. enforcing city laws and ordinances, crime relevant field may substitute for two years responding to discovery, summarizing prevention and community policing. of required experience. Salary range medical records and depositions, and other Department head position with administra- 330,000 to 544,000 plus competitive related duties. Four -year college degree or tive duties responsible to the City Adminis- benefits. Submit resume, references and certification as a legal assistant with at least trator. 'lust be licensed or eligible to be salary history by `larch 31. 1995 to: 2 years litigation experience required. Must licensed by the MN P.O.S.T. Board. Executive Director, the Northspan Group. communicate effectively, both orally and in Graduation from an accredited college or Inc., 330 Canal Park Drive, Duluth, MN writing. Previous experience on workers' university, BCA supervisory training, and 55802. compensation cases desired. Some out of small community police chief experience CITY CLERKTREASURER. town travel might be necessary. Salary preferred. Starting salary 530.000 and Chisholm (population 5.275) is seeking a range 523.629 - $33,437. Completed excellent benefits. For a required applica- city clerk/treasurer for administrative duties application form must be received by tion call (507) 526 -7336. Submit applica- as delineated by City Cede and City Charier Human Resources, League of plinnesota lion and resume to City Administrator, 125 for the day to day operation of city Cities. 3490 Lexington Ave. N., St. Paul. West Sixth Street. P.O. Box 38, Blue Earth, government. The position may have a MN 5512b by April 7, 1995. Application MN 56013. Application deadline is 5:00 mandatory residence requirement. Duties may be obtained by calling (612) 490 -5600 p.m.. March 24. 1995. and responsibilities include working as or TDD (612) 490 -9038. Page 16 LMC Cities Bulletin Municipal ads continued MAINTENANCE SUPERVISOR. operation. Desirable qualifications include DOQ. Applicants must complete city East Bethel (population 8.500) is accepting state certification as a pool maintenance application form. Apply: Personnel Office. applications for a working maintenance operator and three years of experience in City of Coon Rapids, 1313 Coon Rapids supervisor. The position is responsible for parks maintenance including one year of Blvd.. Coon Rapids, MN 55433 no later supervision of the parks and roads depart- experience directing staff in manual and than Friday, April 21. 1995. ments, water /wastewater treatment facilities maintenance work. Applications can be WASTEWATER TREATMENT if they become city owned or operated, and obtained at City Hall with a complete job OPERATOR. Cold Spring (population overseeing the city's recycling operations. description. Send application and resume 2.558) is looking for two qualified people to This supervisor will plan, coordinate and no later than 5:00 p.m.. Friday. March 31, operate the wastewater treatment facility. supervise daily operations of the aforestated 1995 to: City Clerk/ Administrator, City of Positions being filled are: Class A Operator departments and will include maintenance Ortonville, 315 Madison Ave., Ortonville, who must have management skills in of city buildings and equipment, street NIN 56278 (612) 839 -3428. addition to the Class A license and basic maintenance including snow removal, and a PUBLIC WORKS SUPERINTEN- budget knowledge. A Class D Water variety of other duties to include adminis- DENT. Pine City is seeking applications license is also required for this position. trative reporting. This working supervisor for the full -time position of public works Class D Operator must also have the Class will be a prime operator of the city's superintendent. Responsibilities include D license. Both operators are required to equipment and doing manual labor along supervision, operation, repair, and mainte- have a valid Class C Minnesota Driver's with this small staff. Experience in road nance of city facilities and infrastructure license. Operators will be assigned to construct ionimaintenance and routine including water, sewer. streets, and park weekend or rotating shifts. Salary: DOQ. equipment operation with good mechanical systems. Salary DOQ. Applications and a Applicants must submit completed city abilities is required. Must possess a valid job description are available from the City application form or resume by 5:00 p.m. Class B drivers license with clean driving of Pine City, 300 5th St., Pine City, MN March 31, 1995. Contact: Rena Weber, record and capable of obtaining Class C 55063, (612) 629 -2575. To apply please City Clerk/Coordinator at: City of Cold Wastewater license within first year of send application, cover letter, and resume to Spring, 27 Red River Ave. S., Cold employment. Supervisory experience the above address. Closing date for Spring, NIN 56320. (612) 685 -3653. preferred: good communications and applications is Friday, April 21, 1995 at leadership skills a must. Starting hourly 4 :30 p.m. For Sale rate is DOQ with range of 330,000 - UTILITY MANAGER. Coon Rapids FIRE TRUCKS. Morris will accept 334,000/yr. Obtain application from City of is seeking a utility manager to plan and separate bids for the sale of two fire trucks: East Bethel. 224122 1 st Ave. NE, East direct the operation, repair and maintenance BetheI. MN 55011 or call: (612) 434 -9569. of municipal water and sewer systems. e 1 FWD pumper, Model F 1000T, Closing date for applications is April 13, Responsibilities include preparing and engine ne 6 cyl., 779 C.I.240 H.P., five speed 1995; cover letter and resume acceptable administering activity budgets for water trans., Waterous pump, Mode! CD -3. 1000 with application. system maintenance and sanitary sewer GPM, 500 dal. tank, mileage 2,969; and a PARKS MAINTENANCE SUPERVI- maintenance, managing resources, and 1967 Int'i tractor trailer ladder truck, tiller SOR. OrtonvilIe, Minnesota located on the establishing and tracking municipal sewer steering, the ladder is not certified for use. NlinnesotaiSouth Dakota border at the foot and water systems and computerized utility V/8 549 engine, five speed trans., two - of Big Stone Lake, is seeking applications supervisory systems. Must possess strong speed rear axle, truck must be sold with .der trailer included. mileage 9.978. for a full -time parks maintenance supervi- technical knowledge. personnel experience, Sealed bids must be submitted by 10:00 sor to perform supervisory and manual communication skills and leadership ability. a.m.. April 11, 1995. Bids should be in an labor work maintaining the city parks. Requirements: Bachelor's Degree in envelope clearly identified as to which equipment. swimming pool, skating rink related field plus five years experience in truck is being bid on and addressed to the and warmi g house. Minimum qualifica- utility field. ?nor management or adminis- City Manager, P.O. Box 433, 'Morris, MN tions induce valid State Class B driver's [native experience required. Must be able to 56267 To see the tracks call Morris City license. two years of maintenance experi- obtain ­B­ Operator's License in sewer and Hall at (612) 589-3141. The city reserves ence in parks operation, some experience in water within ore year of employment. pesticide application and pool maintenance Beginning Salary: 543.300 - 549.000 the right to reject any and all bids. c March 17, 1995 Page 17 FIRST CLASS U.S. POSTAGE PAID St. Paul, MN PERMIT NO. 3223 League of Minnesota Cities 3490 Lexington Avenue North St. Paul, ININ 55126-8044 Phone: 612-490-5600 70 Fax: 612490-0072 TDD: 612490-9030 1-800-925-1122 r�.3 I n tee ­- The League of Minnesota Cities publishes the Cities Bulletin weekly during the rri Legislative session and monthly during the lyr J MN interim, the time between sessions. Subscriptions: members -S30: non- >. members -S45. Contact: Publications _;0 Department. League of Minnesota Cities. NJ CJ Where to get information at the Capitol Copies of bills House Chief Clerk's Off - 296-2314. Rm. 21 * Secretary of Senate's Office - 296-2343, Rm. 231* Bill status, authors, companion, League of Minnesota Cities staff working with legislative issues committee referral (by bill number, author, or topic) Jim hiller, Executive Director House Index - 296-6646. Rm. 21 * . Duke Addicks, Director of Member Services Senate Index - 296-2887, Rm. 231* Stan Peskar, General Counsel Weekly committee schedules, bill Pensions introductions, and summaries of Gary Carlson, Director of Intergovernmental Relations committee and floor action House Information Office - E-mail: GARYC226@AOL.COM General revenue sources for cities 296-2146. Rm. 175** Senate Information Office - Local government trust fund Aid to cities 296-0504, Rm. 231* Property tax system Recording of the following day's Ann Higgins, Intergovernmental Relations Representative committee schedule and agenda, Oft - (after 4:30 p.m.) Telecommunications Housin- "House Call" - 296-9283 I Elections and ethics Senate Hotline - 296-8088 Utility service districts To reach a member on the House Joel Jamnik, Senior Intergovernmental Relations Representative or Senate floor Growth management and land use House Sergeant at Arms - Environmental protection 2964860 Personnel and labor relations Senate Page Desk - 296-4159 Pubiic safety To notify the governor's office of General municipal governance your concerns Andrea Atherton, Legislative Liaison Governor Ame Carlson - 296-3391, Rm. 110- i Mary Diedrich, Legislative Secremr} *State Capitol, St. Paul. NIN 551-45 "State Office Buildin-, St. Paul 55155 Julie Johns, Legislative Secretary All area codes are 612 NORTH METRO MAYORS ASSOCIATION LEGISLATIVE UPDATE - SELECTED ISSUES: MARCH 21, 1995 HOEISMC7 LANDLORDS TO PAY UTILITY BILLS: HF 323 WHICH WAS APPROVED BY THE HOUSE, WOULD REQUIRE LANDLORDS TO EITHER INSTALL SEPERATE METERS OR BECOME THE UTILITY COMPANY'S CUSTOMER OF RECORD, PAY THE BILL AND DIVIDE IS UP AMONG THE TENANTS AND FIGURE IT INTO THE RENT. ONE FOR ONE REPLACEMENT LEGISLATION THAT WOULD HAVE BEEN EXTENDED TO THE SUBURBS STALLED IN THE HOUSE HOUSING COMMITTEE: THE NEED FOR THIS LEGISLATION AS SET FORTH IN HF 509 WAS MIS- REPRESENTED BY THE ATTORNEY FOR LEGAL AID WHO CITED THAT THE CITIES OF BROOKLYN PARK, BROOKLYN CENTER AND COLUMBIA HEIGHTS WERE "BULLDOZING DOWN BLOCKS OF AFFORDABLE HOUSING. THIS WAS CALLED TO OUR ATTENTION AND THE FOLLOWING DAY, REPRESENTATIVES FROM THE THREE CITIES WERE AT THE COMMITTEE MEETING AND SET THE RECORD STRAIGHT TO THE EMBARASSMENT OF THE BILL AUTHOR REP, KAREN CLARK. OFFICIALS FROM THE THREE CITIES WERE TO MEET WITH THE COMMITTEE THIS WEEK TO WORK TO NOT INCLUDE SUBURBAN CITIES FROM THE ONE - FOR -ONE REPLACEMENT REQUIREMENT. APARTMENT MANAGER BACKGROUND CHECK HEARD IN THE SENATE: SF 98 IS BEING HEARD IN THE SENATE CRIME PREVENTION COMMITTEE AND WOULD REQUIRE CRIMINAL BACKGROUND CHECKS BEFORE HIRING AN APARTMENT MANAGER_ AN AMENDMENT WAS ADDED TO INCLUDE CURRENT MANAGERS. NO COMMITTEE ACTION HAS BEEN TAKEN. TIF HEARINGS CONCLUDED !N HOUSE PROPERTY TAX AND TAX INCREMENT FINANCING DIVISION. HEARING ON HR 147- OZMENTS BILL AS AMENDED ON 3/8/95, ALONG WITH HR -824 SCHOOL DISTRICT APPROVAL AND HR 1354, STATE AUDITOR APPROVAL WERE CONCLUDED AND WILL BE DISCUSSED BY THE FULL TAX COMMITTEE FOR CONSIDERATION IN THE OMINBUS TAX BILL. NO SIMILAR LEGISLATION INTRODUCED IN THE SENATE. LEGISLATIVE SUMMARY - 3- 21 -96- PACE 2 ORFIELD "FISCAL DISPARITIES -2" APPROVED IIV HOUSE TAX COMMITTEE f ON A PASTY LINE VOTE- NEXT STEP IS THE HOUSE ROO& OVER $200,000 VALUE ON HOMESTEADED PROPETY VALUE WOULD GO INTO A POOL TO BE REDISTRIBUTED IN THE SEVEN COUNTY METRO AREA. NMMA PRESIDENT ELWYLN TINKLENBERG REPRESENTED THE ORGANIZATION WELL AT THE TWO HEARINGS ON THE BILL. MAYOR TINKLENBERG SKILLFULLY fENDED OFF ALL THE BARBS AND ARROWS FIRED OFF BY THE LEGISLATORS FROM THE "FERTILE CRESCENT ". MONDALE- LONG- LIVA COMMUNI ACT- MOVfS IN THE S111ATE- STALLS IN THE IOUS THE LEGISLATION CALLS FOR A FUND TO DEAL WITH CONTAMINATED LANDS AND AFFORDABLE HOUSING IN METRO COMMUNITIES THAT HAVE NOT PROVIDED SUFFICIENT AFFORDABLE HOUSING. SOURCES OF FUNDING WOULD BE FROM THE 75% OF THE MOSQUITO CONTROL COMMISSION BUDGET, THE EXISTING COMMERCIAL AND INDUSTRIAL SURCHARGE ON THE MALL OF AMERICA AND A PORTION OF THE VALUE ON HIGH VALUE HOMES, THE CITIES THAT CONTRIBUTE TO THE FUND WOULD BE ALLOWED TO KEEP THE MONEY TO DEAL WITH THEIR AFFORDABLE HOUSING NEEDS AS SET FORTH BY THE METRO COUNCIL. IF THEY DO NOT SPEND THE MONEY ACCORDINGLY, IT WOULD GO INTO A METRO POOL TO BE USED BY OTHER COMMUNITIES THE BIG DEBATE IS ON THE THE CONCERN FOR MOSQUITO CONTROL THE SEVEN COUNTY METRO AREA. BILL WOULD PERMIT COUNTYS TO CONTRACT WITH THE MOSQUITO CONTROL COMMISSION FOR THEIR SERVICES. SENATOR MONDALE MOVED HIS BILL SF 1019 WAS APPROVED WITH BIPARTISAN SUPPORT IN THE SENATE LOCAL GOVERNMENT COMMITTEE AND WILL BE HEARD IN THE JOBS, HOUSING & COMMUNITY DEVELOPMENT COMMITTEE NEXT WEEK. REPRESENTATIVE LONGS COMPANION BILL (HF -1156) WAS STALLED BY A 14-10 VOTE LAST WEEK IN THE LOCAL GOVERNMENT AND METROPOLITAN AFFAIRS COMMITTEE. IT APPEARS THAT IT WILL BE RESURRECTED NEST WEEK. TO; THE HIGHWAY 100 COUNCIL FROG PHIL COHEN DATE: MARCH 15, 1995 RE: METRO COUNCIL TRANSPORTATION DEVELOPMENT GUIDE CHAPTER POLICY PLAN. gEM M ENDATIONSe 1. DIRECT STAFF TO PREPARE FOR THE PUBLIC HEARING TO BE HELD ON ON APRIL 27TH THE HIGHWAY 100 POSITION PAPER OPPOSING THE PROPOSED REDUCTION IN HIGHWAY 100 FUNDING IN THE AMOUNT OF $22 MILLION FOR THE SECTION BETWEEN 1 -394 & 1 -94. IN AMITION, THE QUESTION SHOULD BE RAISED TO THE LACK OF PUBLIC INPUT DURING THE DELIBERATIONS THAT HAVE PRECEEDED THE APRIL 27TH PUBLC HEARING. 2. THE HIGHWAY IM COUNCIL REQUEST THAT THE NORTH METRE? MAYORS ASSOCIATION CONSIDER THIS ISSUE AT THEIR OPERATING COMMITTEE TO THE HELD ON MARCH 22ND. FURTHER, THAT THE ASSOCIATION JOIN IN WITH THE HIGHWAY 100 COUNCIL ON THE HIGHWAY 100 ISSUE AND ALSO CONSIDER REQUESTING THE METRO COUNCIL, THE FEDERAL AGENCIES INVOLVED, ALONG WITH MEMBER OF THE CONGRESSIONAL DELEGATION TO SEEK A 90 DAY DELAY TO ALLOW FOR MORE PUBLIC INPUT TO THE PROCESS PRIOR TO ANY PUBLIC HEARING. BACKGROUND: At the March 3rd meeting of the Highway l00 Council, Carl Ohm from the Metro Council Transportation Division made his presentation on the proposed funding cuts to meet the federal requirements for future federal funding. Since then, the recommendations have moved to the Transportation Advisory Board ( TAB) which was updated on the recommendations yesterday. They felt the need to givo the report review and have scheduled meetings on March 23rd and April 6th. HIGHWAY 100 COUNCIL MARCH 15, 1996 - PAGE 2 1 appeared at the meeting yesterday and was allowed to address the board. I raised the issue of the lack of public input to the process and noted that the only time the public will be heard officially or unofficially will be at the public hearing on April 27th. At that time, TAB and other transportation related committees would have approved the recommendations and the hearing process them becomes an adversarial one. Further, the public comments are reviewed by the same staff that made the recommendations in the first place and are either left in or tossed out. However, that has been standard Metro Council hearing process for the past 25 years. I did urge the Chair of the TAB, Pat Scott, Councilmember from Minneapolis to consider making the April dth rneefing one that the general public has notification of, This would enable interested persons and organizations to at least hear the proposal prior to the formal public hearing. 9URRENT ISSUES REGARDING HIGHWAY 100 - POSITION STATEMENT; As you know, we have been working with MNDOT and the METRO COUNCIL on this "Position Statement" that would reflect a unified voice from both agencies on the reconstruction and funding needs of Highway 100. The latest oammuncation dated January 9th, 1995 ( 1994 on the letter) suggested that there were five priority projects that could proceed, even If the full reconstruction of Highway 140 may be delayed. The estimated cost of these projects is $47 million. There is no reference to the above in the policy plan document. EIS HEARING! The EIS hearing is also scheduled for April, about a week before the public hearing that would according to present recommendations emasculate any funding for reconstruction. HIGHWAY 100 COUNCIL MARCH 16, 1996 - PAGE 3 METRO CO U=L BLUEPRINTm The Transportation Policy Plan amends itself to conform to the Regional Blueprint of the Metropolitan Council. At some point In time the Council will need to apply certain sections of that document to the Transportation Plan. PAGE 66 OF THE BLUEPRINT! "Give priority for regional infrastructure investments or expenditure of public dollars to communities that have implemented plans to provide their share of the region's low and moderaten Income housing and life cycle housing opportunities." METRO D I V I S I O N One Pager August 26. 1994 TOPIC T)i 100 Frvm• Glenwood Av *nue N TO- Sdth Avenue N Mww.1'o�:cc.s: Brooklyn Cantor, Crystal, Golden Valaev, Robbinsdale COSTS Not in TIP Stage 1 291h Ave N to 39th Ave N b 9 million lnte(d%m oe Construe. Stage 2 Glenwood Avo to Golden Valley Rd $14 million wwow" w -avvct - 01 r400:v"te" Stage 3 39in Ave N to htuiana Ave $13 million w,c« <�w�oeCanitrvetton . 9rldOtfpkrf! Stage 4 Indiana Ave to 50th Ave N a 5 million wtwehence Constructlon Stage 5 Golden Valley Rd to 29th Ave N S 8 million ln1srchV4i1 ROcauWCti 947 million C Does t1SlI Include Right -of -Way Acquisition add est. $12 million BACKGROUND TH 100 will ha reconstructed as either a 44ane freeway or with two additional Ianes from Glenwood Avenue to CSAH 81. This work includes the removal of all signalized intersecllons and closure of ail right- In/right -cut aCCBSs locations, New Inte(Cl>,3nges will be constructed at 36th Avenue North, CSAH 81, and France Avenue. Existing interchanges will be modified or reconstructed at TH 55, Duluth Street (CSAH Got and 42nd Avenue North tCSAH 9) . Uverpass bridges will tm replaced et Droadway Avenue tCSAH 81, the Burlington Nortnem Railroad, and the SooUne Railroad. Geometric layouts have belen developed and an Environmental impact Statement based on ;nc $coping Decision Document is being prepared by Consultants Batton- ASChman. STATUS . $Coping DocurnontlDraft Scoping Decision November 1990 I. Public Scoping Mooting December 1998 ► Final Scoping Meeting March 1892 r Draft Environmental Impact Statetnant Release spring 1895 ► Draft EIS/Public Nearing & Informatlon Mooting 3 urtuner 1995 I. Final EIS Spring 1997 > Final EIS Adequacy Determin8ti0n Fall 1997 ► Record of Decision (ROD) Winter 1997.1998 Potential Problems . Only small portion of the proloct is currently funded. Public concern about inability to sell their property until decision is made, Approval of Draft and Final El$. prirf►1<t"y Chhlwu ut idehl ma t Tim Stahl Ron Erickson Project Manager PmDesign Engr 582-1305 562. 1265 iIAR 09 1 95 14:41 612 582 1302 FPGE.02 TRANSPORTATION ADVISORY BOARD- TECHNICAL ' ADVISORY COMMITTEE STRUCTURE AMUST M4 RxrCUrm TRANS'PORTA TION CONAffTrffg ADVISORY ,BOARD BOB OPENS A CHAIR ISTRA MCB.i3fNINC POLICE A1'IATION P � C� r OY�NB iTTSS COb[YITTBS i�6 19O5t1�FSA,�- B#� JOHN "IMS'ON CHAIR CZrAr t CHAIR TRANSPORTATION COORDINATOR N 0 "U BRANDT EXECUTIf'E rZ OMICAL ADVISORY ccwjinTxs i io AM~ LAUD HINZS CHAIR S.SCRZTARY DEYRLOPNBNr & 1POND"a 1k LAND A Y TA 270.N PLANYING BNYIROJ�hT PAOCRAMMINg TRANSPORTA27ON JON orsoN LEON MRSON CHARLMS LBNTE'B CIIA IR CHAIR CHAIR CHAIR M�ii r1 F� 1 �l: r i FK I �i Fr = -i 1I K i F n i iii nvi iii Nf F ;Fi r .cif HOUSE RESEARCH --- i Bill Summary I"t. F. 824 S. F. SU BJECT: Tax Zncrcment Finweing AUTHORS: Rest COMMITTEE: Taxes ANALYST: Joel Michael (296 -5057) DATE: March 7, 1995 School district approval of TIF districts required. This bill prohibits certification of a new TIF district, Emless the tax incrcrnent financing CM plan has been approved by tite school board of the school district in which the TIF district is located. All amendm=e s to the TIF plan also require approval by the school board. The school board has 60 days to approve or disapprove. if it takes no action, the plan or =endment is deemed approved. Effective date. - Day following final enactmmt Under Minnesota Statutes 1994, section 469.179, subd. 3, this means school board approval will be required for TIF districts or for the addition of new =cas to existing districts, if the request for certification is made after the day following final enactment. ply ■1 �� Research Department Minnesota House of Representatives 600 State Office Building ":Frrr r i i •+ �Y1 Ft[" iii .rF —!ai I I r( i h' (-, I% r`+i r,Oc; i 11 NrP 1 H Mf rt'I i F . 0. i s t HOUSE RESEARCH Bill Summary H. F. 147 Delete Everything Amendment S.F. SUBJECT Tax Increment Financing AUTHORS: Ozment. Rest, Abrarm, Winter COMMITTEE: Taxes ANALYST: Joel Mcbael (Z96 -5057) . DATE: March 6, 1995 Overview This bill imposes a number of new restrictions on the use of tax increrae t financing. The most siramc;ant of thtm include: • Restricting the use of soils districts to contamination and pollution clean -up • Strengthening the bul -for test and regturing a cost-benefit analysis before approval of districts • Requiring school district approval of housing districts or outer districts tbat propose to create ten or more.housing units ' Li=itins pooling to tm percent of increments (present paw allows 25 potent) RequLHng =q=ded fuancml reporting and disclosure • Transfcning all state level responsibility for R=cW reporting and enforcement to the stale auditor and aprmpriating 0.1 percent of increments to pay the auditor's costs • Req u iring developers or other recipients to repay all or part of TIF assistance for up to nine years, if they move or otherwise fail to carry on the induced activities at the sits Research Department Minnesota House of Represent;zWes 600 State Office Building MAR r 1 ' 4S 1,1: . 0 F: i TFF —t,i 1 I K 1 F f,1 : 1 T NUiRTH MF7;;f - ; . 214 H. F 147 Delem Everything Acacadment March 6, 1995 Page 2 s ectio ll 2 Economic development district findings. Makes two c4auars in the landing a development authority must make to establish an economic development district.• (1) if TIF is used to discourage the relocation of a business, the potential move must be to another state and (2) in ail cases, the authority must find the TIP use will increase employment or the tax base of the state. Under present law, the authority can find the use ww necessscy to discourage a inovc to another Minnesota community (rather than another state). Also under present law, if the authority uses the district to discourage a business from moving, it need not find any increase in employment or tax base. 2 Soils districts restricted to pollution clean -up. Restricts the use of soils districts to contamination or pollution clean-up. Remowai and remedial actions mane be under plans approved by the Pollution Control Agency. Under present law, soils districts can also be used to mane: grading, filling, and similar site preparation work. 3 Credit enhanced bonds, conforming change. Makes a conforming change is the definition of credit enhanced bonds to reflect the changer in the pooling perccntago under section II. 4 Approval of TIF districts. "But -for" test. Requires the municipality to fmd that the use of TIF will increase the taxable market value of the site over that which would occur without TIP. In making this comparison, the municipality must deduct the present value of the tax increment subsidies from the projected market value of the TIF development: TIu aiacndmeat exempts qualified housing districts (those providing assistance to low income rental projects) from the but-for test. Cost-benefit test. Adds a requirement that the municipality find that the public bmerfits of the project exceed its costs and specifies elements that may be considered as costs and benefits. Qualiftod housing districts via not subject to this finding. School district approval. Requires the school district to approve TIF use for a housing district or any other type of district that will create 10 or more additional housing units. 5 Newspaper diselosnra Require& additional items to be included in the annual newspaper disclosure. Section 6 makes publication of this disclosure mandatory.' Under present law, the disclomme need not be published, if the city files an annual report with the state auditor. The additional items required to he included in the disclosure for each TIF district include: • the amount of increment paid to other governmental units • the amount paid for administrative costs • amount of increment spent outside of the TIF district Research Uepartment Minnesota House of Representatives 600 State Office Building ;q; TF ^i( - H MF: i Pi i P. 2IF H. R. 147 Dele•,e Everything Amendment March 6, 1995 Page 3 — Section • the property tax effect of an election to pay the fiscal disparities contribution out of a general tax on the luunic, • a short narrative explanation, in plain language, of the activities of the district during the year • for municipalities with more than 15 percent of their tax bases in TIF and outtStandiag TIF general obligation bonds, a statement that a state reduction in the Pro perty tax funding for ed=tion could require the municipality to increase property taxes to pay the TIF obligations. 6 Financial reporting, state auditor. Adds additional elements to the annual repose filed with the state auditor. These include the amounts spent on parking facilities, street and road improvcmanL -, public park facilities, and paid or rebated dimctly to private property owners or developers. - (The items deleted by this section must be reported under section 7.) This section also extends the repor* obligation to pre•1979 districts. 7 Financial zVorting, transfer from comminioner of revenue to state auditor Transfers to the state auditor the rcguircmcnt that annual TIF reports be filed with the commissioner of revenue. The deadline for filing these relwrts is changed from Nftvh 1 to July I (the date for reporting to the auditor). In addition, the auditor may combine this report with that required by section 6. 8 Sofis districts, permitted expendjuav . Rtestncts the spending of ===eats from soils districts to the cost of cleating -up pollution and contamination. This is consistent with the bill's restriction on the use of those districts under section Z. 9 F.cnnomie development . districts, commercial uses. Limits the use of economic development districts for comm,ercW developments in small cities (populations under 5, 000) to those with per capita tax bases 10 percent below the state average. 10 Green acres and similar properties. Pwhibiits inclusion in a TIF district of properties that were enrolled in a defected assessment program (green acres, metropolitan agricultural preserves, or open space) within the last five years. 11 Pooling restricted. Limits the - perccntage that may be pooled to 10 percent un&-r present law, up to 25 percent of increments may be pooled (i.e... spent on activities located outside of the district). 12 Pooling, conforming change. Makes a conforming change to be consistent with section 11's changes in the pooling per=tage. 13 Repayment of TIF an6taum Requires recipients to repay TIF assistance, if (1) the recipient sells or transfers. the property, except as part of a reoq=ization where the Research Department Minnesota House om Representativaa 600 State C mtice Building * TOTHL PHGE.05 * 11 it r —tAl i I K I r n !r . ii T i - , ii qtr n iF i . Vl H F. 147 Delete Everything Amendment Mare 6, 1995 Page 4 Section successor entity caries on the activity that the authority sought to induce, (2) the recipient stops doing business at the site (and that is no sale or transfer of the property or (3) for a housing development, units no longer are used as required by the applicaUIc iuc me or rent r=cdctioas. How much of the assistance must be repaid depends how much time has passed since receipt of the assistance as specified in the table belowc Amount of Mme Since Repayment Receipt of Assistance Percentage 0 to 3 years. ioo•�o 5 to 6 years 8 0'0 6 to 7 years 60 7 to 8 years 40'/0 8 to 9 Y 20 more than 9 years None Asssistanca is defined as sales of property for less than fair market value, direct graats or PAYMcnts, interest reduction payments, and the amount of improvements that would have been financed with special assessmentG against the recipient tinder the usual financing policy. The authority is directed to enter into an agreement with the developer that identifies and specifies the items subject to repayment; consistent with the requirements of the law The repayment obligation is a lien against the property of the recipient. Under present law, these 'rcpaymcnts would bo "developer payments" that must be used' in the same manner as tax increments. 14 School referendum payments, reporting. Requires school distriate. to report to the co --gi of education the amount of payments and in -kind contribution that it receives from increments. IS Payment of Increments to state auditor. Requires U.1 percent of increments to be paid to the state auditor to cover the auditor's financial reporting and enforcement casts related to tax increment financing. This amount (about $270,000 for 1995) is Appropriated to the auditor. 1G Enfurcement, transfer from revenue to state auditor. Repeal the responsibility of Research Department Minnewta House or Representatives 600 State Office Building ~ ''iH'rt � . .-1 • . 1.5 r[ I v rr — ill I I K ; r n 1 : :--� ;=Cti 1 Tf i haiRTH ('1FTr�r(� F- . ��i H. F. I47 Delete Everything Amendment .March 6, 1995 Pagr :i actin , the commissioner of revenue to enforce the tax increment law. The state auditor is directed, to regularly =Mine and audit use of TIF for compliance with the law The auditor is to refer information on violations to the county attorney who may bring acti to enfc=e the TIF law relative to miners referred by the auditor or any outer ivarter un behalf of the county, In addition, the auditor is directed to provide reports of non- compliance to the governing body of the municipality that approved the TIF district for its comments. The municipality must respond in writing within 60 days and the auditor is to forward topics of the responses, along with the auditor's summary, to the relevant legislative CClnmi=CS. 17 Pre -1994 districts, restrictions. Restricts the use of increments in districts that are subject to the "old rules" (i.e.. before the ] 990 legislation took effect). Increments in theese districts can only be used for the following purposes: • paying. off bonds sold before and contracts entered into before February 1, 1995 • for other pending prgjects for which resolutions have heart passed authorizing contracts, Payments have been made to private parties, or there is other evidence of sigsif tart reliance on existing law before February 1, 1955 • for costs under a plan adopted b the munic befo P y panty r July 1, 1995, if the plan specifies the improvements or other costs to be paid and states the maximum amount to spent on each • p for blight correction in areas qualifying for designation as redevelopment cts under post- 1990 -law i Fo r • cont 133ati clean -up • permitted payments to school districts for referendum levies • reasonable adm;nistrati ..-. eXpenSes. 18 Study, metropolitan council Directs the asetropolitan council to study the effect of tho use of TIF on land use patterns in the Twin Cities metropolitan area. Specmcally, this study is to cxaminc the effect of TIF on redevelopment of already developed areas relative to the development of outlying areas. The study may also look at the effects of other features of the Minnesota property tax system, such as fiscal disparities, green acres, the state aids system, the class rates, and so forts. The council is to report to the legislature by February 1, 1996. 19 Effective date. In general, the provisions are effective for districts for which the Research Department Minnesota House of Representatives 600 State Office Building H. F 147 Delete Everything Amendment March 6, 1995 Page 6 Section request for cerff=tion is made after the day following final enactment. The financial reporting prnvisions (sections S, 6. and 7) and the payrnenta to the state auditor (section 15) are effective for all TIF districts, including.. gre-19 r 9 districts. The repayment of assistance (seudon 13) applioa to grants of assistmca made after A ugust I, 1995 for all districts. Research Department Minnesota Houx of Representatives 600 State Officc Suliding HOUSE RESEARCH Bill Summary H. F 1354 S.F. SUBJECT. Tax Increment Financing — State Auditor Approval AUTHORS: Abrams COMMITTEE: Taxes ANALYST: Joel Michael (296 -5057) DATE; March 16, 1995 Overview This bill requires state auditor approval of new TIF districts and amendments that add area to existing TIF districts. Section 1 State Auditor approval of new districts. Requires state auditor approval before a new tax increment financing (TIF) district may be certified or new area added to an existing TIF district. The auditor may approve TIF plans only if the auditor determines the plan complies with the law and the purposes of tax increment financing. The auditor may disapprove, if the auditor believes the plan is not in the best interests of the state. When the development authority submit the TIF plan or amendments to the auditor, the authority also must provide any supporting information the .auditor requires. If the auditor does not disapprove the plan or amendments within 30 days after they're submitted, the plan or arnendm=s are deemed approved. 2 Effective date. Effective for requests for certification made after July 1, 1995. Research Department Minnesota House of Representatives 600 State Office Building Casserly Molzahn & Asso Inc. 213 South 11th Street, Suite 300 • Minneapolis • Minnesota 55403 M E M O R A N D U M TO: Property Tax & TIF Division FROM: Cumes R. Cawwezly Mary E. Molzahn RE: Amendment to House File 147 (the Ozment Tax Increment Hill) including the Rest Amendment DATE: March 14, 1995 On Wednesday, March 8, 1995, Rep. Czment amended his bill in the Property Tax and TIF Division of the House Tax Committee. The Amendment deletes everything in the original bil1 and substitutes the language of the Amendment. A number of the original provisions remain but there are also substantial additions and changes. This memo will review the Amendment from an inner suburban perspective. SOILS CONDITION DISTRICTS (Sections 2 and 8) . One of Ozment's mcst compelling reasons for introducing the bill is the development of market rate housing, and in some instances, very expensive market rate housing, in soils condition districts. As a result, the Amendment eliminates any use of soil condition districts except to abate pollution. The original purpose for the soils condition districts was to help develop urban ccmmunities with infilling problems. After a site has been vacant for decades, it is normally because of the very high soil correction and site preparation costs. The market rate housing problem can be easily remedied by simply prohibiting such housing in a district. BUT FOR TEST (Section 4). The last provision in this section requires school district approval if there are ten or more housing units. This provision is prompted from the market rate housing units being established in a soils condition district. As indicated previously that problem can be easily remedied. School district approval simply makes the establishment of low and moderate income housing units more difficult, and this may be especially true in those areas where such housing needs to be encouraged rather than discouraged. PARCELS NOT INCLUDABLE IN DISTRICTS (Section 10) . The prohibition on having parcels subject to special property tax treatment, such as Green Acres, being included in a tax increment district seems to be Wise public policy. Again, is appears this provision is proposed because of certain parcels being put in soils condition districts. There is anoth provision being amended ended which states that a parcel having been in an ecoacmic development district cannot be placed in a new tax increment district for 20 years. This restriction makes little sense. If the municipality wrongly included parcels in a district because it thought development was going to take place, it should not be penalized for an 'incorrect assumption. Given the ditticulty of making the appropriate findings to create a district, particularly if this Amendment is adopted, there is no purpose served by having this exclusion. POOLING (Section 11 — also affected are Sections 3, 12 and 17). Pooling or the expenditure of tax increment money outside the district in which it originated is probably the most controversial and least understood aspect of tax increment financing. Pooling restrictions essentially only impact redevelopment and renewal and renovation tax increment districts. The problems of blight are almost always larger than the tax increment district that is established to help alleviate those problems. If the district is made large enough to incorporate the entire blighted area, then the five year limitation and the customary problems of redeveloping property will prevent the adequate collection of tax increment to help pay for the removal of those problems. Older cities, whether metro or Greater Minnesota, have not been able to resolve this dilemma. All too often, we confuse economic development and redevelopment districts and assume the restrictions should apply equally to both. Current law does not impose these restrictions for a housing district and we believe redevelopment and renewal and renovation districts should have the same exclusion. REPAYMENT OF ASSISTANCE (Section 13). This section attempts to provide a solution for which there are not mAny prnhioma. Requiring recapture may be more suitable for inclusion in an economic devnInpmpnt di st-ri rt . Oftcjnti rne?s in a rPdPVp1_opmen.t district if the city can encourage redevelopment and the redevelnper then sal 1 s tho hii i l cii ng in l asp than five years (an& thus would have to repay the value of any assistance), the city has in fart gntten what: i.t has ba rcrained for. There is a more subtle roblem with this his section in that � ' if them �s a P p otential lien for t P h_ difference ' rer_c _ in market value a lender will subtract that amount from the potential loan amount. The end result will be that the redeveloper or user will not be able to finance that portion represented by the difference in market value. In addition because of the effective date of this section (assistance provided after July 1, 1995), current contracts may be impaired. J THE P RE -'90 LIMITATIONS (Section 17 — also affects nectionm 3, 12 and 12). This is the section that created the most controversy in the original bill becauee ut il.a imy iCL Ur: projectb in progress. while projects in progress appear to be adequately secure, this amendment contains a new 9x-uvl.tiicul wliluh aititjjly bays that tax increment revenues from pre - 1 90 districts may be used to finance costs under a qualifying plan for the use cf i:iQvemenLb if adopted by July 1, 1995. This language grandfathers in every existing abuse and allows those communities that have accumulated substantial funds balances (which are normally a resulttof pre- 1 88 redevelopment districts) to spend those amounts on any activity that currently qualifies. Some of those activities are the installation of public improvements that would otherwise be specially assessed or be paid out of general funds or user fees. These activities generally do not occur within a tax increment district. As a result it is our strong recommendation that all of this language should be deleted and the antipooling provisions of the Tax Increment Act should be amended so that tax increment from pre - 1 90 districts may only be spent outside those districts for activities related to parcels that currently meet the requirements of a redevelopment, housing or sails condition district. This approach not only eliminates future abuses but almost all of the current ones as well. Our proposed language is also an admission that it is necessary to spend money outside of a tax increment district to correct the problems of blight. THE LGA /HACA PENALTY. Rep. Ann Rest's Amendment (cited as JM23 dated 3/7/95) to House File 147, referred to as the Rest Amendment. This is an entirely new approach to'the LGA \HACA penalties contained in Section 273.1399. The Rest Amendment requires the city to make a financial contribution for project costs. and if it does so, it will then be exempt from the LGA /HACA penalties. For an economic development district, the percentage contribution is 17.5 percent; a housing district or a renewal and renovation district, 15 percent; for a redevelopment district or a mined underground space district, 12.5 percent; for a hazardous waste subdistrict or a soils condition district, 10 percent. The city can make this contribution from any source of funds except tax increment and it can count one -half of any state contribution to a project made through a grant or similar incentive. This is the most positive development we have seen on this issue in five years and contrasts with the negative approach in current law. As a practical matter we would prefer that the redevelopment. dighr.in contribution be reduced to 10 percent and the economic development district to 15 percent and finally that a grant from any sourcnP ha rniintaci Inward this required coaayment. Our initial reaction is that cities should support this amendment- With the r_aveat that they get some relief from the antipooling and five year l^:itation requirements in current law fcr redevelopment and ha7.arcinuq waste subdistricts only. JRC /MEM /kh 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESCTA: Section 1. Minnesota Statues 1994, section 469.2763, subdivi 2 is am ended to read: Subd. 2. [EXPENDITURES OUTSIDE DISTRICT.] (a) F or each tax increment financing district, an amount equal to at least 75 percent of the revenue derived from tax increments paid by properties in the district must be expended on activities in the district or to pay bonds, to the extent that the proceeds of the bonds were used to Z1;1dziQe: u QLiv1L_.es i t1 Lhe 11i6Lx.1uL ui Lu pay or secure payment of, debt service on credit enhanced bonds. Not more than 25 percent of the revenue derived from tax increments paid by properties in the district may be expended, through a i developme fund or otherwise, on activities outside of the district but within the defined geographi araa of f-hP prnjert except to pay, or secure payment of, debt service on credit enhanced bonds. The revenue derived from tax increments for the district that are expended on costs under section 4b9.17b, eubdiviaion 469.176, subdivision 4h, paragraph (b), may be deducted first before calculating the percentages that must be expended within and without the district. (b) In the case of a housing district, a housing project, as defined in section 469.174, aubdivicion 11, is an activity in the district. (c) For purposes of the limit imposed under paragraph (a) all administrative expenses are for activities outside of the c3ir�LriuL . (d) In the case of a redevelopme district for which certification was requested before May 1, 1988, revenue derived from tax increments paid-by properties in the district may be expended outside of the district only for activities related to parcels that meet the ram1iramanta of Ge- rt.i.rn 469.174, subdivisions 1o, 11 or 19. Sec. 2. [EFFECTIVE DATE.] Section 1 is effective the day following final enactment_._ Casserl Molzahn & Associate , Inc. 213 South 11th Street, Suite 300 • Minneapolia • Minne3ota 55403 Office (612) 342 -2277 + Fax (612) 334.3382 M E M O R A N D U M TO: Interested Parties FROM: James R. Casserly Mary E. Molzahn RE: Response to House File 147 nATR: February 27, 1995 =— e����asaesaa== a ss�aa�aaaaa=== ��o��5en=�zaa Attached is a p.rnpnsmd Amendment for your review. We have prepared this amendment with Senate counsel and suggest that it be offered as part of hhe package in response to Rep. Ozment's bill, H.F. 147, An explanation of the amendment is as follows: The amendment would change the antipooling provisions contained in Section 469.1763 Subdivision n of the Tax Increment Act. The amendment would further restrict pooling in rcdcvclopment districts in which the cert i f i ra t- i nn was requested before May 1 of 1988 (the "Pre -88 Districts "). In the Pro 88 Dictricts revenue from tax incrpmpmt nnul.d only be spent outside those districts for activities related to parcels that currently meet the requirements of Sect.inn 469.174 Subdivisions 10 (Redevelopment District), 11 (Housing District) or 19 (Scilo Condition District). While L•his legislation affecta a omall number of districts, it may have a major impact on an individual city's program. please review Llic language to determine its impact; on your projects and programs. The amendment appears to be necessary to counteract the gruwliiy crit of the use of tax increment by some communities. The districts which apparently are creating the most adverse pub liv iL are those redevelopment districts which were created under an earlier definition of redevelopment and whose tax rate is nuL uapped. A very restrictive definition for redevelopment and a tax rate cap for each district certified were adopted by the 1988 Leyialature and became effectivc on May 1 of that year. Some of these Pre -88 Districts include hundreds of acres of land much of which was undeveloped. In addition, when the Pre 88 Districts were established the property tax rate was substantially lower than it is today. Those Pre -88 Districts have now started to develop and the tax rates have generally risen from 20 t: 40 percent or more. The resulting affect is to produce substantial tax increment revenues, and it is the questionable use of these revenues which is creating- the negative publicity and causing many of our problems. Our strategy in offering this amendment would be to secure the elimination of the local government aid reduction for redevelopment, economic development and soils conditions districts. Please bear in mind that the proposed House language in H.F. 747 would ultimately strip mist- cities of their funds for redevelopment= activities. Please call with comments, revised langi: age, suggestions or thoughts about the overall strategy. .TRCJMEM jkh Encl w.w TOTnL PnGE.1© ww FOR IMMEDIATE RELEASE March 21, 1995 Contact; Rep. Todd Van Dellen, 296 -5511 Rep. Tim Pawlenty, 2964129 Rep. Ron Abrams, 296 -9934 IR'S PROPOSE URBAN REVITALIZATION pLAN ST. PAUL — Three IR state legislators today announced proposals to help stem the decline of the region's urban neighborhoods. Calling their proposal the Metropolitan Anti- Poverty Plan, Reps. Todd Van DeHen, IR Plymouth, Tim Pawlenty, IR -Eagan and Ron Abrams, IR- Minneinnka, said their bill is primarily aimed at revitalization of the core cities. "We ask our DFL counterparts to join us in squarely addressing the root causes of increasing poverty in our region," Van Dellen said. "Our approach rejects the notion that regional tax -base sharing and other punitive measures against developing suburbs will help solve those problems. For any plan to gain the broad support it needs to be succssfA it needs to rely on incentives." A key provision of the bill is a reallocation of Local Government Aid (LGA funds into a special Metropolitan Revitalization Fund. This redistr would occur under a formula first developed by the League of Minnesota Cities that would provide approximately $5 million for the fiend in 1996. That amount would grow to $12 million a year by 1999, Muney rrum the fund could be used for projects or initiatives that provide opportunities for jobs and jobs skills development; provide commercial or industrial redevelopment opportunities in areas suffering from economic distress; offer incentives to remove or rehabilitate blighted hmicing in a fully developed area; and clean up contaminated land for commercial and industrial redevelopment. According to the bill's authors, many cities in the core and inner ring suburbs would see LGA increases, and no city in the seven county metropolitan area would experience a decrease in LGA funding. Pawlenty noted the bill's emphases ocu i drvcluping declining areas iS Critical. "if we don't find ways to entice private investment and jobs back into the central cities, those areas will be condemned to a future of government dependence." —MOM-- T I K 1;= F,1 : i9i C91 7;1 NrPTH MPTR(i P. 27 i z Revita kution .Plan .Z. Consistent with the focus on reducing poverty through reduced unemployment in the core cities, .the bill proposes a Job Opportunities program, which wilt subsidize private employment of welfare recipients by transferring their welfare grants to employers in exchange for jobs. The biIl also creates nn "Urban Homesteul" program which exempts individuals from state income tax if they buy homes in declining areas and live in their homes. Other parts of the plan include: I " Removing the barriers to job development such as high commercial and industrial property tax rates and mnnesota's expansive workers' compensation system. " Fighting the culture of dependence that exists in the inner city through welfare reform, such as tho package passed by air, Huubc untmpresewadves. "Exempting IRA building materials from the state sales tax to encourage construction of affordable housing. *Repealing the "no net loss" requirement that requires cmitics that reauove luw -inwme housing units to replace them with an equal number of low - income units in the same vicinity. "We are serious about ettgaging in this debate," Abrams said. "It's time that Rep. Orfield and others quit talking about superficial solutions like housing mandates and taxes on developing suburbs; it's time'they joined us in addressing root causes of poverty." —30— T he M e tr opolitan Anti Pov , er Plan - A N ew Ap p rocach to Regional C oope ration I,1" Rl;I"ti. TC)[)1) , 'XN �)ELLF� N, '�I.I U ".- Alk'[_LN r & Est }N Ai,)RANIS MP 17 FR Iii F —i,i 11 K i F ;q; n;P c; i Ti - i ` - T i, RI-, r . A4 Local Government Aid. The funds for the MRF will come from a redistribution of Local Government Aid (LGA) funds according to the needs -based formula developed by the League of Minnesota Cities (LMC). Tho LMC formula is a need -based reform arprrmrh. 'i'hia redistribution of the LGA base amount will be phased in over a four year period. Many cities in the core and inner ring suburbs will receive LGA increases. No city in the seven- county Twin Cities metro area will receive a decrease in aid. Increases overtwo percent will be placed iu thu MRF. CONTAMINATED LANDS CLEANUP The urban core has significant problems with contaminated lands that require remediation before critical commercial and industrial redevelopment can occur. Included in our proposal is an apprvpriatium of $I 1 million to the Department of Trade and Economic Development for the purpose of remediating con- taminated lands in the fully developed area. W ELFARE REFORM: FIGHTING THE CULTURE OF DEPENDENCE A culture of joblessness and dependence dominates areas of concentrated poverty, This situation is the result of a lack, of job skills and education coupled with a welfare system that penalizes work and rewards dependency. Gov. Anic Qu lson and members of the Minnesota House of Representatives have passed a welfare reform bill that makes sweeping changes to welfare as we have come to know it. Overall, the reform package removes barriers to work, rewards personal Initiative, scts limits on chronic dependency and mandates a new social contract. Unfortunately, the DFL majority in the Minnesota Senate removed many of the key provisions added by the 1Rs in the House. JOB CREATION AND RETENTION A job is much more than a way of snaking a living. It is a means of building self - respect, breaking the cycle of dependency and becoming a contributing member of society. Jobs are the only viable solution to poverty. Housing choice results from having a job, not the other way around. Jobs Opportunity Program. Lack of job skills and meaningfiil employment opportunities are perhaps the most significant barrier to individuals seeking to exit poverty. Certain individuals in poverty also need appropriate incentives to move toward gainful employment. The Jobs Opportunity Program will provide individuals on public assistance an opportunity to improve their job skills and to obtain meaningful employ - ment. It will reward work rather than idleness. people on public assistance who are able to work will be randomly selected for mandatory participation in the program. F.mpinyers who hire a person from this pool will be provided with a grant from the state equal to the cash benefit amount received by the person hired. In exchange, the employer will pay that individual the miniurn wage plus $2.00 per hour. Non -cash benefits such as day care and transportation aid will continue to be provided to persons participating in this program. Removing the Harriers. Minnesota employers have spoken loudly and clearly about the barriers that block job development and retention in our state. First and foremost, we must rcrurru uur napensivc and • !'RG; 03121193 MC - r ' y,cj 1 7 - The Metropolitan • P lan red -tape ridden workers' compensation system and reduce commercial and industrial property tax rates. These hidden costs are depriving us of jobs, particularly the dwindling number Of living -wage jobs that are available for low -skill individuals. Additionally, under the guise of protecting workers, an intricate bureau- cratic net-,vork of rules and regulations is constricting Minnesota's job marker and harming the very workers it's supposed to protert. 1'.ehor regulations are of little value to the unemployed. When you address the issue of economic competitiveness, you also address the issue of poverty. HOUSING! REHABILITATION AND REALISM No degree of tinkering with local zoning laws could result in the construction of a meaningful number of affordable housing units on a scattered -site basis. The result would be poor quality, high - density devel- opments that are an invitation to trouble. Many of our northern suburbs constructed such projects in the 1960s and 1970s. Today they're paying, the price with blighted area accentuated by concentrated pockets of poverty. We cannot afford to ignore this lesson. The developing suburbs must retain the option of voluntarily undertaking efforts to ensure that their communities olTcr a bruad array of housing opportunities, However, we Stress our belief that this objective is best realized via voluntary actions, not the imposition of penalties and mandates. Promote Urban Homesteading. The Metropolitan Council will designate one or more neighborhoods in St. Paul and one in .Minneapolis as urban homestead pilot projects. Certain income tax exemptions will he offered to individuals who purchase a home in a designated neighborhood. This program will encourage the return of working homeowners. The presence of employed individuals and families will have a stabiliz- ing effect on troubled neighborhoods. Remove Blighted Huubing. Brcakiug up concentrations of poverty requires the removal of blight. The central cities should make every effort to rid neighborhoods of deteriorating housing stock as well as crack houses and other buildings in which illegal activities and actions destructive. to the community take place. We propose to expedite the legal process for renovation and rehabilitation, and add a $3 million appropria- tion to the Housing Finance Agency for removal of blighted housing. Exempt HRA Building Materials from Sales Tax. Under present law, the state sales tax applies to contractor purchasca of building materials for property improvements. We propose to exempt these pur- chases if the materials are designated for the construction of qualified affordable housing. To qualify, the housing would have to be located in a developing arcs, Uc dt:velut.'c1 and flux wed by a local housing authority, and meet federal income guidelines. Earmark Affordable Housing Investment Tax Credits. The federal government allows investors in affordable housing to receive a tax credit for their investments. Each state has a specific allocation of credits for use on projerr5 within the state. We propose that a portion of the first round of allocations of Minnesota's share be set aside for affordable housing in the developing area. Broaden Housing Trust Fund Eligibility Criteria. The housing trast fund is a program administered by the Minnesota Housing Finance Agency. t1 „eler p1vac11L 14w, 111t t, ust fund n,ay only be used for housing development and redevelopment projects in which the majority of residents are at or below 30 percent of the region's median income. Further, only 'U percent of the funds may be used for homeownership projects. We propose that 50 percent of the fund's revenue be available for persons between 30 percent and 60 sac: o���as MPP ;� 1 `:;F 17:7q PR i 7(1PP -i,1 i 1 K 1 P r;1 ?q�D P2 Tn NnPTH MPTRn P. op Metr opolitan The '. P lan percent of the region's median income and that up to 50 percent of such funds be available for homeowner - ship projects. Repeal the "No Net Loss" Requirement. Minnesota law currently requires entities that remove low - income housing units to replace them with an equal number of !ow- income- unit; in the same vicinity as the ones that were removed. This applies to the cities of Minneapolis, St. Paul and Duluth. Because- this re- quirement is inconsistent with the idea urbrnaking up concentrations of poverty, we believe it should be repealed. Economic Vitality and Housing Initiative. The governor's Economic Vitality and Housing Initiatives are also incorporated into the Anti - Poverty flan. These initiatives provide resources which may be used by communities to address the particular housing conditions in their area. The initiative combines a state appropriation of $13 million with $30 million in recycled mortgage funds from the Housing Finance A;cuuv. These resources will be combined with existing programs and used to leverage private investment in housing. The $13 million in state funds wiil be applied to four existing programs: • the Affordable Rental Investment Fund to provide an equity participation loan to till the affordabili- ty, gap in multi- family projects; • the Homeownership Assistance Fund to provide both a down payment and an equity participation luuti of betwccn $10,000 and $12,000; • the Community Rehabilitation Fund to provide a f%xiblc fuud fur communities to undertake- homeownership and rental projects, including clearing debilitated structures from land needed for redevelopment, participation with local lenders, and gap financing; • the Capacity Building* Grant Program to match contributions from a consortium of local govern- ments and organizations to provide the staff ,iippnrt necessary to develop local housing programs. The recycled inurtgabe funds will be used for four typos of activity: purchase rehabilitation; non fust- time homebuyers who have moved to take jobs in expanding industries in Greater Minnesota: contract for deed holders; and lirst -time homebuyers who successfully complete homebuyur training. PRO; =1W ** TOTAL PAGE.02 ** 03/20/95 (RE7ISOR ] XX /,:C 05 -2976 A bill for an aot 2 4 ' 5 b 7 8 9 10 11 1z 13 14 15 is 17 18 19 BE IT ENACTED BY TEE LZMLATM2 OF M STATE OF M7NNFSCYPA! 20 ARTICLE 1 21 METROPOLITAN REVITALIZATION P'= 22 Section 1. 0473.25] (AETROPOLITAN REVITALIZATION FUND; 23 PURPOSE; ESTABLISWCENT.] 24 In order to encourage and support redevelopment and 25 revitallsation of wConvmiaally distressed nectionn of the 25 metropolitan area, the removal of barriers to iob retention and 27 Qeva lopme n t, the enhancement of job skills,-the provision of 28 opportunities for development of life -cycle and affordable 29 hous ing, and the rem adiation of contaminated land for commercial An and Industrial redevelopment, the metropolitan revitalization 31 fund is established and shall be funded and administered as 32 provided in sections 473.25 to•473.253. Article 1 Section I 1 03,120/95 (R.z'4I30R 1 TYJ„G 95 -2875 1 Sic. 2. [473.2311 (FUND ESTABLISZ=. 2 Subdivinicn 1. 1=14ER L',. ; The tart _ *vital .zat • or 3 fund r_nnAtAta of r.!!p �IlMdA nrnvided LC it under t:tis sec_:on. 4 Subd. 2. (LOCAL WVLRNMENT AID 0IS,3tI3UTI0N. Thy Cuunuil 5 shall receive a distributicn under section 477A.03, subdivisivr_ G 1, for the Lund. 7 Sec. 3. (473.2521 (FUND USES; DISTRIHUTI0N.1 8 Subdivision 1. (FUND USES.) (a) The coun 3ha13. 9 asLablluh utiLwria E ubae Q the fund t hat are cnngietenr, wit`^ 10 and promote the purposes of sectio 473.25 to 473.253. The U counc shall distribute funds to Ptr.eblish or encourage 12 pro je ctg o initiatives that! 1 3 {1) provide opwrtunities For jobs and job skills 14 deve /oAment and retention; 15 (2) provide commercial or industrial redevelopment 16 opporturritias in areas sutteriag from economic diatress; 17 (3) remediate contaminated land for commornlal and 18 indust redevelce L7 (4) provide inr PtltiyOR ¢nr jobs -to- people or people -to -jobs 20 initiatives including, but not limited to, reverse commuting 21 opportunities and enterprise zones; 22 (5) provide incentives to remove vz rehabilitate blighted 23 hvubing iS the Lu11v duvw1uped arear and 34 (6) create incentives for devel communities to include 25 a full range of_hcuzing 26 5 0C. 4. [473.2531 (REPORT.) 27 The council shall prepare and submit to the legislature, as 28 provided in section 3.195, an annual report on the met :o clitan 29 revitalization tune. The report must include information on the 30 aMOUlit of money in the Rind, the amount dis tributed, to whom the 31 funds were distributed and for what puZZompA, and an Pvaluatron 32 of the effectiveness of the pro in meeting the 33 policies and goals enumerated in se ction!+ 473.25 to 473.252. 34 The renort =kc rec t'o the legislature on 35 changes to thig art. 36 Sec. 5. Minnesota statutes 1994, section 477A.011, Article 1 Section 5 7 o3/za /95 t REV =sea ; � /�c 96 -�a76 I subdivision 37, is :.mended to read: 2 Subd. 37. [HAS& RLDUi:'.1UN 2ERC:ZNTAGz. ] "Base redUCtZon 3 aercentage" is f- �- t:sl -dz := ors: se*- betrxeea- tine- esseeat- a�a :rae�e 4 ter- CS. - azc- pads:- aeetsee- �4 ?�kT X33- fcr- earrss--= or- +•ksch- ai3 -se 5 besng sale: xitted anci t:ss- saoe:at- aaaisab�e- $er -eitY -ale$ -Hader 6 seetriaa f4gl►T83 far- ss3sneiar- Yeer- _494rf4�- djY #ded- bY- t�se -erm 7 af ties c.t7 si$ bsae- fer- e� = -e± ties- sad�?�� -me= bird- bl►nfff�- 8 eke reeinaeten pereentege fey - sag - Year - may rter. h�! �r.!r� r.?�,sr, - thy 9 re$ Hessen pereehtege- jre t?sr- pr�tiron,- scare - -Por- raid- pnr�3 -ra 10 ealeftdar hear 1444T-- he-- eft etion -•percentage -is- s ere -- -The 11 reAUCtrnK -Pe rcentage -may - net -be- Here - them- 111!3- percent 58 percent 12 for aid navable in 1996, 39 percent :or aid payable in 1997, 20 13 p erqent for aid payable in 1998, and seas Cur. aid a abla in 14 1999 and Lhareaftez is Src. 6. Minnesota Statutcz 1994, section 477A.013, 16 subdivision 3, in amended to read: 17 Subd. 8. [CITY FOPMQLA ACU.] In calendar year 1994 an d 18 subsequent years, the formula 'aid for a city is equal to the . l9 need increase percentage multiplied by the dilterence between 20 (1) the city's revenue need multiplied by itb population. and 21 ( 2 ) Lhe ciL•y's not tdx uapac;ity multiplied by the tax vCZvrt 22 rate. No city may have a formula aid amount less than zero. 23 The need increase percentage must be the ,ame for all cities for 24 aid payable in 1996 thrn:rah t9g9. Pmr aid "pahlp in 2000 and 25 thereafter, the need increase percentage Faust be the same for 26 all cities located in the metroeolitan areas defined in section 27 473.121, subdivision 2, and it must be Lhe same for all cities 28 outside the metropoliL•An area 29 Notwithbtanding the prior sentence, in 1995 only, the need 30 increase percentage for a city ahall be twice the need increase 31 percentage applicable to oth^r cities if: 32 (1) the city, in 1 092 or 1993, transferred an amount £ron, 33 governmental funds to their sever and water fund, and 34 (2) the amount transferred exceeded their net levy for 35 taxes payable in the yea: in which the transfer occurred. 36 The applicable need increase peruuntage or puzumntages must Article 1 Section 6 3 03/20/95 [RS7Z5OR XX /3C 95 -1816 1 be ea +r-ilated by t!te Aonartaant of revenue so that the tOLAI o: 2 the aid under subdivision 9 egnAls the total amount available 3 for aid under waction 477A.03. 4 sac. 7. Minnesota: St ALUte3 1994, section 477A. U13, 5 anh(iivisinn 9, in amended to 6 Suhd. 9. (CITY AID DISTRIBMON.1 (a) in calendar year 7 1994 and therrAftr-r, each city not in the metropolitan area,-as 8 defined in seetinn 471.121 aubdivision 2, shall receive an aid 9 distribution equal to thfb aim of (1) the city formula aid under 10 subdivision 8, and (2) its pity aid has* multi by the babe li Lwduuliun percentage; subject to the limits in pa ragraphn tb) 12 and (C). 13 (b) The percenta increase for a first class city in 14 calendar year 1995 and thwrwAfLer shill noL - exceed the 15 percenragp In in the sum of the did to all v!Li*A under 16 thi section in the currant calendar year compared to the bu:u of 17 the aid to ail eities in rhp previous year. is (c) The total aid for any city, except a first class city, 19 shall not exceed the sum of (1) ten percent of the city's npt 20 levy for the yea: prior Lo the aid distribution plus (2) its 21 total aid in the previous year before any increases or decreases 77. undi+r apctions 16A.711, subdivision 5, and 477A.0132. 23 (d) flat+. r+! sr andfng- paragrepk- fe }T- �a- ;49�- a�slYT- der- citita .24 rreseh - sr2 - =999 -er- ?993- }rnr►,fp�r *A- her- Ra�nnrft- fresh geYerremeretat 25 faads -to- their -aexer -and- Mater - fend- .n -an - amount gfee ter -titan 26 geesfr- rtrt - *evY -for- taxes- rapabye- se:- the-pear za xlsseh - the 27 tsaaafer see:erred;- fife - fetal- aid- sisst3- net - exceed- the - asses of - f }� 28 @- �seseresb ef•tite•asbT�et- net- te�y -fbr- Cite - ?est prier te tfse - asc� 29 distrfbt stfea- pine- f9 }- sts- te4sai- aid- ia- tke- gserivsa•year before 30 any- i rereases - e r- e#eereaaea- peels=- aeetfeae- �6A- �9?� att6di�iaiva 3 5;- and - QtA -9_38 for aids payahlr. in 1.996 through 1949, the 32 amount of aid a city located in the metropolitan area_t a 33 defined in section 473.121, aubdivision 2, receives, shall b 34 determined under subdivision 10. For aid payable in 2000 and 35 thereafter, the amount of did a city located in the metropolitan 36 area ruculves shall be determined under subdivision '11 Article 1 Section 7 4 03/20/95 [REVISCR ] Xx /JC 95 - 2576 1 Sale. A. Sinneneta Stat:tes 1994, sect -Wn 477A.013. ib 2 amanded by adding a subdivision to rpAd: 3 Subd. 10. (TRANSITION CIT AID.; al in calendar veArs 4 199£ t1iro 1999, each city luc:aL*41 in tee metroeol__an area shall receive an aid dictr :butiUj: eee�uai Lo Lhe Sum of (1) tre n City for mula aid under aubdiv1*.1un 8, and (2) iLs city aim base 7 multiplied by the bona r eduction percentages bubjaut io Lhe 0 limits in paraarA ha (A) and (cam 9 (b) In 1996, no may receive an aid am ount greater than 10 102 cercent over the amount of aid it raceivad in 1995. The 11 amount calculated under aaracraph (a) above the 102 nr.r dent, 12 shall be distributed under oaracracn (c). For 199'/ thrnuch 13 1499, n o city may receivd An aid amount greater than 100.9 74 Cob rernt of the amount received under the previous year. 15 mulrinliod by the inflatio adjustment in bectiun 477A.03, 16 subdivision 3. ThP Amnunt c in varagraah (a) in excess 17 0= this amount shall be diRhrihntmd a,A pr in pa ragraph (c). l8 (c) A_mortien of the excess aid caiceO ateA under n 19 (b) bhall be used to increase the aid payment to each riry in 20 the metropolitan arena tha has a payment under Aaracraoh•(e) 21 that is lean than its city aid babe, to an am uuut wSual to its 22 city die! bags. The remain o! the excess amounts calculated 23 under paragraph (b) shall b distributed to the metr000litaa 24 council for the metropolitan revitaliaatinn fund esta blished in 25 section l. 25 Sec. 9. Minnesota Statutes 1994, section 477A.U13, is 27 amended by adding a•subdivision to read: 28 Subd. 11. [?fETROPOLITAN CITY AID.] (a) Subject to the< 29 limits in paragraahn (b), (c), and (d), in calendar year 2000 30 and thoroafter, eac ci locat in t he metr opolitan area will si receive an aid distributinn equal to rhm sum of (1) the city 32 formula aid under subdivision 8, and (2) its City aid ba_c 33 multiplied by the base reduction r.ercentaap. 34 ib] Tse poreentace increase for a first class city in 35 calendar vear 2000 and thereafter shall not exceed the 35 perceatago increase in Lhe bum of Lhe aid to all cities unde Article I Section 9 5 03/20/45 (REv -SCR I YX /3C 95 -2876 1 this subdivision in the cuZrent calendar compared to Lhe 2 sett of the aid to all cir.i in Lhe aravious year. 3 e The total aid for ary city, exact t a first r_1RAA cites, 4 shali not excned the sum of (i) ten ro!re the citv's net S levy for the vrar b to tilw aid distribu plum (2) its 6 total aid in thA previous yeaz before any inere or dwureases 7 under seetions.16A.711 subdivision 5, and 477A. 8 (d) No city AhAll re ceive an aid distribur.inn IRA than its 9 city aid base. 10 sec. 10. Minnesota Statutes 1994, section 47'1A.03, 11 subdivision 1, is amended to read! 11 Subdivision 1. [ANNISAL APPIZOrRIATION.] A sum sutticient to 13 AiAcharge the duties imposed by sections 47711.011 to 471A.014 is 14 annually appropriated ,Cruet Lhe local government trust .und to 15 the cemmiiAioner of revenue, For aid payable in the total 16 aid paid to cities under section 477A.013, subdivisinn 9, in 17 limited tc g330,636,9(ln. For aid payable in 199b, the total aid 18 paid to cities undet secr,inn 477A.013, subdivision 9, i5 . limited 19 to $337,349.600. For aid payahlA in 1996 and thereafter, the 20 total aid paid to cities under section'477A.013, subdivision 9, 21 iA Limited to the dwxcua4 paid in the previouA year, adjusted for 22 inflation am provided under subdivision 3. Vor rid nay in 23 1996 through 1999, a portion. 4u calculated under section 24 477A.013, subdivision 10, paragraph (c), of the total amount 25 that may be maid t4 cit•iRA'tinder section 477A.013, subdivision 26 9, shall be distributed to the metropolitan oounuil under 27 sat;tluu 1. In calendar year 2000 and there the total 28 amount uZ Aid distributed to Cities outside the me tfCPcIIt4n 29 are under section 477A.013, subdivision 9, cities in the 30 metro area under section 477A.013, subdivision 11, and to 31 the metro=l council under section 1, shall be based an the 32 relative share of t he city local government aid appropriation 33 distributed to Aach g roup in_l 494. 34 Aid pAyments to cottntiRs tinder section 477A.0121 are 35 limited to 98,400,000 in 1994 and $10,000,000 in 1995. For aid 36 payable in 1996 and thereafter, payments•to counties under Article 1 Section 10 6 03/20/95 [P VTSOR I xx /JC 93 - 2375 t }r. i n the v' 4 c .. �:+wLion 477 A.0121 are L`miLea c time amount aid re iva n p 2 year, adjusted for inflation ib i,rovidec under subdivision 3. 3 For aid payable in 1793, paymentx to couuLies unde_ 1- r-Crion a 477A.0122 are im!Led to S1,500,000. For aids payiuld .n 1j96 and rhfaroafter, paymoaLs to counriftA under acctiun 477A.0 are 6 limited re the amount paid in the previnua year, adjusted for 7 inslation AA provided under subdivision 3. 8 Sec. 11. [APPROPRIATSON.] 9 311,000000 is a pprovriaLed trcm the General fund to the 10 cuumissioner of the dcn vt Lrade and economic deve 11 to pruvide matching grnnt f unds for contaminaticn cleanup gr ants 12 under Minnesota Statute,, sO -on. 115.7.531 to 116J.557. 13 No twithct3nding section 176,T.553 1, all Grants madF. 14 using r_ appruptiaLicn wil_ be -tadP for q bites _:, defined as fu lly devulooed areas by the me*rnnol'_ 16 This a romriat 1s available for the biennium rndir. J une 30, AA 4 17 1997. 18 Sec. 11. [CITATiON.] 19 This article may bP cit as "the metrugulitan 20 revitalization acs. 21 Sec. 13. (APPLICATION.] 22 This a rticle applies in the counties all Anoka C arver, 23 USknt Hennepi Ramsey, Scott, and washincton. 24 Sec. 14. CZPrECTM DAT*S.I 25 This articim i ef fective the day after final enactment. 26 Sections S to 10 of thfa arti are effective for aid Ravable 27 in 1996 and thereafter. 28 A,RTTrT,F. 2 29 JOBS OPPORTUNITY PROGRAM 30 Section 1. [256.7395] [JOBS OPPORTUNITY PROGRAM.] 31 Subdivision 1. [WAVIR R==ST. ] The c ellissionor of human 32 services shall request a federal waiver of the requirements of 33 the program of aid to families with deceadect children in order 33 to establish a JOBS opportunity program for AFDC recipients in 35 the seven - county metror 'Alitan area, in accordance with the 36 requirements of this section Article 2 section 1 7 03/20/95 �RBV.90R 1 XX /Jc 95 -2876 1 Subd (STATE AGENCY PLAN. j The commissioner or huntaa 2 service,, in acl laberation with the comm_'ssionar of economic 3 security and the commissionAr of trade and economic d$yw1QPM911L. 4 shall design a JOBS oeoortlinirrj rnrnara for the pu rpose of 5 moving AFDC clients into the workfcrcr. The ccmmizzi.onorc shall 4 c:omolata the project plannino are later Phan otrnhtr 30 1995_ 7 Subol. 3. (ELIGIBLF PARTICIPANTS.; Caretaker' in AFDC 8 households in the wevwrt- vounty metropolitan area, wro hgvp hPfan I nn anaictance for at least sis months and who are not enrolled 10 in tha M innea cta family investutwnt plan, shill be eligible to 11 particinAtm in r JOBS opportunity program. p urtici2ants shall 12 be chosen on a ra"MM haai9 fr om amengirligible applla:itzt.B and 13 shall be required to narticiaata, u nless exempt from 11 rweiaLraLion under section 2!D6.736, subdivisinn I. 15 Subd. 4. (PROGRAR DESIGN.] The commissioners of huma 16 nervices and euunumic: mweuri:v shall collaborate with the socia 17 service agencies in the desiynai.ed metropolitan ccunties to 18 dPSion p mnloyment . and, training uwryluvw, And Lo devei� 19 emnlevment ilntA with pub a nd private employers, for AFDC 20 recipients placed through thr JO opportunity program. The 3 1 commissioners of economic securiry and human aer viccn ^^ 22 contract with a lovers to deiiver wage subsi.die•.nn behalf of 23 AFDC reci ients. The maximum monthly subsidy f r an r iP e¢ 24 shall be the amount of abbiatance for which the 015010yee 's 25 houmohnid would otherwise be eligible under sections 256.72 to 26 256.879. ThA waaA to be m * the recipient Cot Lho minimum 27 number of hours calculated unde thi nu bdiviaion shall be the 28 large employer minimum wage plus $2 per hour additional to be 29 Paid by the emwlover. For any hours worked above the minimum 30 number of hours, the employer shall. not be required to p ay more 31 than the minimum wage established by law. Rtci'Dients must work 32 a minimum number of hours, which shall be the AFDC arant amount 33 div ided by the large empluye: minimum wage under section 177.24, 34 subdivision 1, paragraph (a), clause Al). 35 Subd. S. (BENEFITS.: Clicntc participating in the JOBS 36 opmrtunit roqrain shall c ago be elig for iaedical Article 2 Section 1 8 03/20/95 [RL"VISL7R ] =1JC 95 -2876 assistance and child cane, including tran,:iti.onal child care and 2 awd. cal oywiar —i ncy, in the same manner as oche ,A FDC 3 recipients. Partici s hall not be considered emp:ovees for 4 pur posem of une r..Ompensation, workers' cemo*r_satior., S ra tiremant, or civil. service status. Claims for wcrkers' 6 r..ompensation shall be handled as provided in section 256.737. 7 Subd. 6. (TIME LIXI: ON ELIGIDZLITY.] Individuals selected 6 for the JOBS opportunity program may participate for a maximum 9 number of months which shall ba twice the number of months-that 10 the household has been on AFDC, but in no event mare th 24 11 mouths. 12 Subd. 7. (SANCTIONS.) Care takers Who refuse an. nffer of 13 emolcMgnt, or are firod trnn A aonS nprortanity employment_ slot 14 for must, 4haIi ho sanctioned as orovided under section 15 256.736, subdivision 4. 16 SUM. b. (SUBMISSION OF WAIVER.! The waiveet authuriaed by 17 this section shall be suluulttrcl szid vvaluated at; Part of the 18 AFDC waiver package authozized by the 1995 legislature, but 19 shall become effective as noon as federal aeorovai is racnivAd. 20 ARTICLE 3 21 HOUSING 22 Section 1. Minnesota statutes 1994, section 29U.01, 2i subdivision 19b, i5 amended to read: 24 Subd. 19b. [SUBTRACTIONS FROM PEDERAL TAXABLE INCOIC -1 For 25 individuals, estates. and trusts, theze shall be subtracted from 26 federal taxable income: 27 (1) interest income on obligations of any authority, 28 commission, Or in t!rusnPntal i r. , of the T1ni t'Pd SitatPa to the 29 Pxtpnt: includable in taxable income for federal income tax 30 purposes but exempt from state income tax under the laws of the 31 united states; 32 (2) if included in federal taxable income, the amount of 33 any overpayment of income tax tv Mitu:vuota or tv any ether 34 ctaLs. for *ay Yzevivub taxable year, whether the amount is 35 rticeived as a refund or as a credit to another taxable year's 34 income tax liability; Article 3 Section 1 9 03/20/93 lRE7:SCR 1 xx /SC 95 -2876 1 ( 3 ) the itmcu,iL paid to others not to Vxcvrtd $650 roc • &ch 2 dependent in grades kinaerCart-n rn n and $1,000 for each 3 dependent in grades 7 to 12. *.or tuition, '*xtnnnkn, and tr4u4porLation of earn dcpendvnL in attendinq an Plomantary or 3 secondary school situar.Pd in Minuvvu;... North Dakota, S,nuth 6 Dakota. Iowa, or Wisconsin, whervia a rasident of tAis stmto may 7 legally fulfill the state compulsory attvadancs lams, which iz R not operated Cur profit, and which adheres to tha•provisions r.f 9 the Civil Rights AcL of 1964 and chapter 363. As uuvfl in' this lu clause, "textbooku" includes books and other inn-tructiou 11 materials and equipment used in.alementary and secondary schuols 12 4n teaching only those subjects legally and commonly taught iu 13 public elementary and cecundary schools in this state. 14 "Textbooks" does nor include instructional books and materials 15 used :;i .he teachinm of religious tenets, doCLrineS, or worship, 16 the purposv of whs.cn is r.n instill such tenets, duci.rines, or 17 wnrnhip, nor does it include honks or materials for, or 10 transportation to, extracurricular activirira including sporting 19 events, misaieal or drdwaLic events, speech activities, driver's 20 education, or similar progr"a. In order to e;ualify for the 21 kubtracticn under this, clause that t4xpa,er must elect to itemize 22 dvuuvi.ions under section 63(e) of the Intvrs3I Revenue Code; 23 (4) tv Lhe extent incindod in federal'taxable iaeome, 24 distributions from a qualified govornmentai penoion plait, an 25 individual retirement account, simplified Psployce pension, or 26 qualified plan coveriuy a Belt- e=played person that represent a 27 return of contributions tiraL were included in Minnesota grocc 28 income in the taxable year Fur which Lhe contributions were made 29 but were deducted or were not included in the computation of 30 federal adjusted gross income. The distribution shall be 31 allocated First to return of contributions until the 32 contributions included is Minnesota gross income have bean 33 exhausted. This subtraction applies only to contributions made 34 in a taxable year prior to 1985; 35 (5) income as provided under section 290.0802; 36 (6) trip amount of unrecovezed accelerated cost recovery Article 3 Section 1 10 03/20/95 (REVISOR l xx /JC 95-28 ?6 1 system deductions allowed under subdivision 19q; 2 (7) to the extent included in .aderai adjusted gross 3 income, income realised on disposItion of prnpprry Pxrmpt from 4 Lax. uutler section 290.491; Rne 3 (8) Lo Lae extent rot deaucted in determining federal 6 taxable income, the amount paid for health insurance of 7 calf- employed individuals as determined under section 162(1) of 8 the Intatllrl R*VWnutt Code, except that the 25 percent 1_mit does 9 not apply. I: the taxpaywr aoducLed insurance payments under In section 213 of the Internal Revenue Cade tC 1996, Lltr 11 subtraction under thin elauce must be reduced by the lvwuv: off 11 (i) rho total itPmi2P.d deductions allowed under section 13 63(d) of the internal Revenue mode,, ln9s xtato., local, and 14 foreign income taxes decuctible under section 164 of rhP 15 Internal Revenue Code and the standard deduction under section 16 63(c) of the Internal Revenue Code; or 17 (ii) the lesser of (A) the amount uL insurance qualifying 18 as "medical care" under acct,ion 213(d) of the Internal Revenue 19 Code to the extenr not dPdnct.ad under %action 162(1) of the 20 Internal Revenue Code or excluded from inrnmp nr (a) the total 21 amount deductible for medical care under section 213(%) and 22 (9.) Lhe exempLion amount allowed under section 0, 23 subdivision 3 24 Sec. 2. liinnesota Statutes 1994, beatiuff 297A.15, is 25 amended by adding a oubdivicicn to ready 26 Subd. 7. (REFUND FOR HOUSING; APPROPRIATION.) The tdx yft 27 the gross receipts tram t11e sale of items exem unde section 28 297A.25, sutdivision bo r must be imposed and cclt*rrftd as if the 29 sale were taxable and the rates under sections 297A.02, 30 subdivision 1, and 297A.021 applied. 31 Upon application by the purchaser on forms prescribed by 32 t he commissioner, a refund equal to the tax paid oft the gross 33 receipts of the building materials and supplies must be paid to 34 the purchaser. In the case of building materials and supplies 35 in which the tax vag maid by a anntrantnr, subcontractor, o: 36 builder, application must he made by the purcha fnr the sales Article 3 Section 2 11 03/20/95 [3aED25aa ; XX /J- 95 -2876 1 t ax =ai by the conta Then application must inclu z suf_'icieat information to permit the commissi rn veril'7 the 3 sales tax said Par Lhw oro�ect. The contractor, subcontractor, 4 pr builder must furnish to the purchaser a ctatoment of the cost 5 of building materials a nd supplies and :he sales taxes paid on 6 them. The amount required to make the refund.- is annually 7 approariatcd to t he enmmi 8 Sae. I. MinnAmorx 9t-.at11te3 1994, Moct -1 on. 297A. Pi, ; .4% 9 amonded hp adding a suhdivi� inn 1-.es rparit 1Q Suhd. 60. [CONSTRUCTION MATF'RTAT.G FOR ArvORVAIJLL E1OUSiNC3. Construction materials and supplies are exem=t, revardless of 12 whether purchased by the owner, or by a contractor, 12 subconLrael.or, or builder, if: 14 (1) the material and 4wpgliwu die uuvd ur uUntiutuwd ill 15 constructing or reha 3.:ordable permanent houcin is (2) all or a p of the housing u nits are financed by 17 pilblin AaAi9tanCe. 18 (3) the property is owned by a public agenc-1 during the 19 construction or rehabilitation of the housinq; and 20 (4_i the housing units are located in the develcoing area of 21 thw Twin Cities metropol.t4w area, as deCic :ed by the 22 metropolitan council. 23 ?or the Du r ase of thin subdivision, "Public assistance" 24 mwan.r fipanned all Mr Jr par tyi , th any co o f grants, 25 loans, tax credits, or public hondinc7 nuthori from the federal 2G government or any federal agency, or the state government or t 27 state agency, 29 This exemption shall only aoaly to the portion of 29 construction materials and eupylles uued in construc:tino housing 30 unitz that meet the definition of affordable housing used by the 31 pra gram under which the public assista is aro vided. 32 Sec. 4. Minnesota Statutes 1994, section 452A.241, in 33 amended by adding d 9abdivision to read: 34 sum. la. [QSES.1 One -half of the available funds in the 35 housing trust fund account must be used for orojects for the :3G development, construction. acquisition, 'preservation, and ArLicle 3 Section 4 12 03120/95 (REVISOR ] /,;C 95 -2876 1 rehabilitation of hcuainq r.n benstit oerscau and families with Z i ncomos are than 3U percent, bul no mare t in ::arcenr., ors 3 median :=i_'V income Cot" Lh* 4vtropolitan a rea, ue to one -nai_f 4 et tt:e money availablw tc fund prol that bane -it persons ant 5 families with incomes over 30 nereen of median :nccme may be 6 used rut .home ewnership TM makiac7 crams under this 7 Subdivision, the aoc sha 4erermin* the terms 4ad conditions 8 of repaymen and t hR Arrrnnriate serlri.ty, if any, Should 9 repayment by reenr; rod. 10 sec. 5. Minnesota statutes 1994, section 462A.222, 1 7 .ut+tlivision 3, is amended to road: 12 Subd. 3. [ALLOCATION PROCEDURE.) ( 3 Pr ects ,4ill 13 awarded lax credits in three cempctitivo rounds on an annual 14 basis. Thw data for applications for each round must be 15 determined by the agency. No a;locatinq agency may awatd tax 16 credit:, prior to the application dates established by the agency. 17 (b) rEann allocating agency must meet the requirements of is section 42(m) of the internal Revenue Code of 1986, an amended 19 througn December 31, 1989, for thv allocation of tax crMit8 and 2U the selection of projects. 21 (c;) Fur 4pplicatione submitted tear the first round, an 22 allocating agency may allocate tax credits Only to the following 23 types of projec 24 (Z) in the metropolitan area: 25 (i) new construction or substantial rehabilitation of 26 projects in which at least F5 50 percent of the total units art. 27 a= rcq�e reen� vetecpaaep; �t2C2es1Q� 'T ar- etse- 3eelrnnm -nn +ta -ones 25 WhiCh ,are affordable by household whome income does not exceed 29 30 percent of the median income; 30 (ii) new construction or substantial rehabilitation family _31 housing projects that are not restricted to persons why Ora 55 32 years n! age or older and in which at least 75 percent of tae 33 nnita'no"tain two or more bedrooms and at least one -third of the 14 75 percent contain three or more bexi;oomsT of 35 (iii) substantial rahabilitation projects in neighborhoods 36 targeted by the city for twvitaliaationi or Article 3 9ecticn 5 13 03/20/95 (RS'IZSCR ] XX /JC 95 -2876 1 (iv) new construction or substantial rPnahi.':tatien 2 bro in develoeira areas os the me- zr000litaft area as detired 3 by the metropolitan Council; 4 (2) outside the metropolitan area, prujects which mee. a 5 locally identified housing need and which are in short supply in 6 the local housing market an evidenced by crcdiblc data submittr.d 7 with the application; R (3) projeatn in which a Veree_ntago . of r.hP units are set. 9 aside and rented to persons: 10 (i) with a serious and persistent mental illness as defined 11 in section 245.462, subdivision 20, paragraph (c); IT {yi) wiLh a d*vwluFuiwnLel diariiiliLy as defined iii Uultvd 13 States Cude. titles 42, section 6001, paragraph (5), as amended 14 through December 31, 1990; • 15 (iii) who have been assessed as drug dependant persons as 16 dPeinpd in AAntion 254A.02, iuhdivittinn i, and arp rpraiving or 17 will receive care and treatment services provided by an approved 18 treatment program as det_ned in section 254A.02, subdivision 2; 19 (iv) with a brain injury as defined in section 2568.093, 20 bubdivisiusi 4. paragraph (a); ur 21 (v) with physical disabilities if at lead 50 percent of 22 the units arc acccnmible as provided under Minnesota Rules, 23 Chapter 1340; 24 (d) projects which preserve existing subsidized h4U9(n9 2i which is sub;ect to prepayment if the use of tax credits is 26 necessary to prevent conversion to market rate use; or 27 (5) psojwuLs Claamu l by Lho Fatmvis Home Administration 28 which Guest statewide distribution goals. 29 (d) Before the date for applications for the second round, 30 the allocating agencian other than the agency shall return all 31 uncommitted and unallocated tax credits to tre pool from which 32 they were allocated, along with copies of any allocation or 33 commitment. In the second round, the agency shall allocate the 34 remaining credits from the regional pools to protects from the 35 respective regions. 36 (e) Sa the third found. all unallocated tax crvdibt much be Article 3 Section 3 14 03/30/95 (RLVZSCR I 7Sa /JC 95 -3876 tranxtrrrad tv a uaiZ -wd pool for allocation by Lhe ageIluy uir a 2 zt2tsw basis. 3 (f) unused portions of t!zs state coiling for low- income 4 housing tax credits reserved to cities and counties for 5 allocation may be returned at any time to the agency for 6 a1lnnation. 7 See, b. EURSAN TIOMrSTEADING PAQCRAM. © Subdivi 1. LUR g7VTTAT,TZATT0N AND STAKLIZATION 9 ZONES.] By September 1, 199 the met_00 0litan council shall 10 dssignaLe one or more urban revitalization and stabilization 11 zones in the metrocollLan area, as defined in section 473.121, 12 uubdivision 2. Thu dwulunaLed zones must uunta :n no more than 13 1,000 tingle family homes in total. In designating urban 14 revitalization and stab :lization zonen, the council ohall choose 15 areas that a re tr toward blight and poverty. The 1 G 11 1110b in dicators that evid ence increasing 17 neighborhood distress auth 0s ditClini r0•sir3rnttial rrnpr 18 values, declining resident innombt, den li.ninp rates of . 19 ewaur- uccupancv, 4su3 uthar indicators of bilukiL and povzrLv i n 20 determining which areas arw t�j bra urbdr. revitalization and 21 stabilization zones. . Subd. 2. [PROGRAM ELIGi8iL11 Any person buving and 23 occupying a homQ within the boundarie0 of an urban. 24 revitalization and Stab zo a fter Septembe 1, 1995, 25 is elieible.to participate in thp urban homesteading program. 26 An owner may iparticipata by `ilina an ap -plication with the 27 county assessor of the county in which the homestead is 28 located. The assessor shall vrovide writlen.verification that 29 the homestead is within an urban revitalization and 30 stabilization zone to the owner in a form and manner prescribed 31 b the commissioner of revenue. The fo rm shall inclu the date 32 nn which the nwnar purchased the,pr omerty, the date on w hich the 33 namer appl for the u rban homest eading program, and sh all 34 indicate if the oropertp has been found to be not in comoll ante 35 with applicable building codes, and the dates of inspections. 36 The torsi shaii also indicate if the owner has been convicted of Article 3 Section 6 15 03/20/95 (R.MSOR T XX /JC 93 -2376 1 a f of nny nr R cronA m;,dcmoAnm in the nrovieun teft vent=. zach Z vear, the county assessor steal u7e the e - mmnutetiTed criminal 3 hif..Lory system maintainw: by the bureau: df c_imir_al at3Drener_sic*+ 4 under liinnasota St,4tutas, `wvtion 299C.11, Lo verify Lhat a 5 pa:tiaipant has been convicted ur -d f&t1ynv ui : yiuss 6 misdemeanor ir the previeus tun years. Ar. owner bha11 bwuvma 7 ineligible for the program is any of the following occurs: the property is sol or otherwise tran=fc ►red to 9 ano}hpr party; 1u (2) the preperty is found not to he in comnlianco vitn 11 avolieable building ccdes,•orcvided teat at least three yearg 12 have sassed since the owner filed for nart;ciaaticn in tge 13 vroyramr 14 (3) the owner ceases to uccuoy the Drapert ; or LS ( 4) an. -of the own er= of the property are convicted of a 1F,sg misdemeanor ar a lelory. 17 Rtthd. 3. [TAX AFITFFTTS.] Individuals participat in the 18 urban homestead inn shot,ram ahA1l r^?-Pi vp an eV effpti Au'l from 19 Minnesota taxable inccm* =or each full tax year during which 20 wligibility under subdivision 2 is mandated, beginning in the '21 first full tax vwat rollowing Lhe filing of an application with 22 the county aEzescor. Zligl!jUlty w4y uuntinue Cur a maximum o= 23 five years, provided that the individual does nor. become 24 ineligible for the program und 3ubdivis.ion 2. T he maximum 25 exemption amount ehall equal $3n,npfl for married individual= 26 tiling joint returns and surviving spouses as defined in section 27 2(a) of the Internal Revenue Cooe, s20,u0o tot unmarried 2$ individuals, and $25,000 for unmarried individuals qualifying as 29 a head of household as defined in section 2(b) of the Internal 30 Re venue Code. The maximum exemption amount shall be reduced by 31 two perce of the m aximum exem amount f or each 81.000 of 32 adjusted gross (nemmr or part thereof abovo an income 33 threshold. For ptirpn9Ag of this subdivi4l2n, adj gross 34 income means federal adjusted cross income_ as deflnpd i n section 35 62 of the internal Revenue Code. The income threshold shall 36 equal 960,000 for married individuals f_iilinc joint returns an Article 3 Section 6 16 03/�Of95 rx- -VISCR I XY /JC 95 - 2876 1 surviving smcusm3, 940,00 fo unmartied ind and 2 150,000 for unmarried individuals ersali!ving as a hand of 3 household G Subd. A. ( MIRATIQN.; Appliuti: -uns :or the urcar. 5 homesteading - program s hall not be accupLed after July 1 1997. 6 Subd. 5. ( TNMRMATION TO POTENTIAL BVYZRS.1 The 7 metrcwlitan courci1 4qhAII. mark and prompts the urban 8 homestead nrocram to the Pxte fea sible, but such OZ-for-t5 shall 9 at least include informintl arrA roa lters or real associations 10 about the program. 11 Subd. 6. JUPORTS.] The metr000likAn nnunnil shall sa an 12 ini tial report to the legislature by January 1, 1998, nn the 13 urhan home program. The initial report shall contain 1S information nn dPS of „uneb, participation rates, and 15 current and prniectal fut coats of providiaa state income tax 16 exemptions to program participants. 17 The metropolitan eouncil shall mak ful rcoorto to the 18 legisldtui" by January 1, 20uu, and January I, 2003, on the 19 urban h omesteading yruutam. The tull reports shall include 20 info rmatio n on those subjects covered by the initial report, a8 21 well as inform on neiehbcrhoud imyacts, pruoerty values, 22 resident incomes, ratP of ow ner- occupancy, and Vkher indicators 23 of Roverty and blight, 24 Sec. 7. [APPROPRIATION; COMMBNITY 1LITATION FM 25 ACCOM. i 26 $3.000.000 is appropriated :rom the General fund to the 27 housi development fund under Minnesota Statutes, section 28 467A.2n, for the community rehdbilitaLl"or. fund account under 29 section 462A.206, to remcdiate blighted areas in cities of the 30 First class in the mAtropelitsn area, as defined by section 31 473.121 subdivision 2, and imerove the physical conditions of 32 neighborhoods. Grants or loans under this apprnipriati an must be 33 for Pro iects located in neighborhoods dPgianated under nection 34 462A.205, subdivision a. Grants or loans may be mAdA fo 35 projects •.o reduce housing density, Create open space, or 36 Rrovide buildable land °or redevelopment. In funding projects Article 3 Section 7 17 03�20/9S [R SOR = /JC 05 -2876 1 unaer .his subdivision, rMP Agenev may c!nnmider tie sx.en: to 2 which the city is using exis=:ng resources and authority to 3 rompdirtp neig tbcricad property. ?ands under this zubdivicicn a are only available to the Axtpnt r.hpv err, matchod by the ni tv in 5 which the profile- is loea*_ed. '!his aMroeriation is available 6 for :he biennium ending June 30, 1997. 7 Sec. U. (ECO310MIC VITALITY AND HOUSING =NST:ATIVE; 8 APPROPRIATION.] 9 Subdivision 1. [ESTABLISHMENT.] The Mi.nzze`vta housing 10 • finance awfancy may astablish an economic vitality and :reusing 11 Initiative tv yrvvldr fusids fyz dt:vr housing pro?cctn in 12 connection with local co=unities' economic devclat and 13 rpdpvpinempnt efforts. _Th pu rpose of t he econnmic vitality and 14 housing initiative- is t.ea nrnvidp rp,nurces for affordable 16 housing in communities throunhout the state necessary to ensure 16 Lhe expansion and preservation of the economic base and 17 eucplvyniant opporLuniLies. The agency must use the 'economic 18 vitality and housing initiative to laverage to the extent 19 Qoasible,privat and other public ;unds for the purnoce of this 20 section. 21 Subd. 2. jGREATEn MINNESOTA. In GreArPr MinnrgntA, which 22 is datined for this section as the area of the state not 23 included in subdivision U, the agency must work with groups in 24 the McKnight Initiative fund regions to assist the agency i 25 identifying the aCZotdable housing needed in each region in 26 connectio with economic development and redevelopment efforts 27 and in patahtishing priorities for u--co of economic vitality anal 28 housing funds. The g_ * ouR3 L mu3t incl the McKn initiative 29 tunds, the regional develnnmpnt cnmmisatons, VIP nrivate 30 industry councils, units of local covernm_ ent, community a ction 31 agencies. the Minnesota housing pertnor shi network arours, 32 local lenders, Cox- profiL and nonprofit developers, and 33 realtors In add iLion to priorities dovelooed by the group, the 34 agericv must give a preference to viably yto]Oots in which_are3 35 pmolovers con tribute financial assistance. .35 5uhd. 1. [METROPOLITAN AA=.] in the metropolitan area. as Article 3 Seet:on 8 19 03/2Q/4s CRL7- - 'SC1R I =1,7r. '35 -2876 1 defined in Minnesota statutes. section 473.121, subdivision 7. 2 the agency must comer with the =.trcao'i council t_o idfnti =v 3 the ricriti*b fur use Ut tkzd VQOnOgic: vitaliLy and housi a 4 funds. Funds distributed in the mecrc - colitan area must ba used 5 consistent with thg ob jectivcr, get forth _in section 473.252. In a addit to the or inritiP S identified in that Secti the 7 aaRncv 4ha aiva preferr.ncA to e viable Project:; H that,: 9 (1) include a contribution of financial resources From 10 units of local cover=ent and area emmolovers; 11 (2) are located in areas accessible to oubllc 13 tranS portdt ion O 6wrvad by t ransp orLaL•ion prog rams; 13 (3) take into account the availability of j9b training 14 effort= in the_ccmmunity; 15 (4) whOrP feasible, Arp indnrpd nlong arter roadwavgt 16 and 17 5 that address local and reeional ob'ee:tives fnr rhp �) L 18 develoomant of affordable and life cycle housinc and the 19 redaveluPmw"t and commuaiLias. 20 Sub d, 4. [APPROPRIATIOP•.) $13,000,000 ib aopropr ated trom 21 the general fund to the c ommiggioner of the hcuilay Civance 22 agencv for o this section. Thi appropriation is 23 available for the biennium ending June 30, 2997 24 Sec. 91 [REPEALER.I. 25 Minnesota Statutes 1994. sections 504.33; 504.34; and 26 504.35, are repealed. 27 Sec. 10. [APPLICATION.I 2A Sections 2, 3, and 6 ap ply in the counties of Anoka, 29 carver, Dakota, Hennepin Ramney, Scott, aad Washington. 70 Sed. 11. (F,FFRCTTV.F DATE.] 31 Section 1 is effective for tax years beginning after 32 December 31, 1995. Sections 2 and 3 are effective for ,asps 33 made after June 30,•1995. 19 ABTZ= lacat:ont i.j 99 -7974 Dac• la n /20/95 Article 1 METROPOLITAN F—vvlTm ZZATION I = ............................ Page 1 ArciCla 2 JOBS OPPOATU NIT.° PACCRAM ..... ............................... ;ago 7 .lztic3C 3 FiOUSIW . ...................... ............................... pa4O 9 In APPEN1 iX Aopi►alad Minrssota Statutes for 9S -2876 504.33 DUPTNTTIMS. Subdivision t. ;mere. The definicion8 in this section amply to Mont i ;na 504.33 to 004.38. Subd. 2_ city. "City" mcanc a city of Vhe first class as defined in section 410.01. The term "city" alsc includes, where applicablA, a part authority. %Conomic dvvrlopment authority, a hnuting and redeveelapmwat authority, or Any development agency esrahlishcd under chapter 4$9 which s.`lare cuumw;x boundaries with the e ty. Subd. 3. Displace. "Dispiacr!" means to demolish, accuirer Lut or convert to a use ether than low - income heusiuy� or to pravid* or spend money that- directly results in the demolition., Acquisition, or conversinn of housing to a use other than low -iac=w housing. "Displace" dude not include providing or spending money that directly result& in; (i.) mousing improvements nude to comply with health, housing, buiidinq, fire prevention, housing maintenance, or energy C vdes or standards of the applicable government unit; (ii) housiay improvements to make housing more accessible to a handicapped pwraoa; or (iii) the demolition, acquisition, or conversion of Fuwusing for the purpose of creating owner- occupied housing that.aoasisLs of no more than tour units per structure. "Displace" does net include downsizing ldryu apartment complexes by demolishing Less than 25 percent of the units in the complex or by eliminating units through reconfigurativa area expansion ct individual units for the purpose of expanding of wizen of the remaining low - income snits. For the purpose of this s.ectiva, "large apartment Complex" mains two or more adjacent buildings containing a total of 100 or mnrx units per complex. Subd. 4.' Government unit. "Government. unit" means a state agency; a public or private agency, corporation, nr entity receiving a direct appropriation from the state for the purpose of a project that would displace lour - income housinq in a city; nr a general or special purpose unit of government in the state, including a city, county, and.aouaty housing and redevelopment authority. Subd. 5. Low income housing. (a) "Low - income housing" means eithert (i) rental housing with a rent less than or equal to 30 percent of 50 percent of the median income for the county in which the rental housing is located, adjusted by size, except that housing which receives a low - income housing credit under section 42 of the Internal Revenue Code of 1986, as amended through December 31, 1490, is considered low- ineorne nnusing, if such ronL levels do not exceed 30 percent of 60 percent of the median income for the raetrocolitan arts, as defined in section 473.121, subdivision 2, adjusted by size; or (2) rental housing occupied by households with income below 30 percent of the iuvdliin for the metropolitan area as defined in section 473.121, subdivision 2. adjusted by site. (b) "Low income housing" 4140 Includes rrnt4a housing that has been vacant for less than one year, that was low- income housing when it was last occupied,. and that is not condemned as being unfit for human habitation by the applicable government unit. Subd. 6. Rental housing. "Rental housing" includes rental apartments, rooms, and housing; board and lodging units; roosts in single - occupancy buildings and hotels that offer to be 504.33 1R APPENDIX Repeaiwd minnescta statutes for 95 -2876 used as the agile residence of L:u occnoant: transitional housing; and 4heltera. Rental dousing does npt include transitional hnvA ing located within a iloodolain nr community -based rr.,idontial facilitiuu. subd. 1. Replaawmwnt housing. (a) "Replacement housinq" meane rrnrai hnuainq that ia; (i) the lesser mf (i) the nu !l corresponding size of low-income housing units displaced, or (ii) sut :sc_ent in numhAr and corresponding site of those low- incouw housing units displaced to meet the demand for thosa unit::. Notwithstandinq subclauses (i) and (ii), if the housing imyAut Atatement shows , demonstrated need, displaced units may be replaced by tewe larger units of comparable total size, except that single room occupancy units may not be replanAd by units of d larger size; (2) low - income housinq for at 1P. Axt 13 years. This section does aut prohibit increases in rent to cover operating expenses; (3) in &t lw**L. standard condition; and (4) located In Lhe city where the displaced low - income housing units wwsw located or in the surroi:nding metropolitan area as defined in section 473.121. (b) Replacement houwi:iq provided in a different city shall navR a preference for residviiLa of the city where displacement nnrurred. The government unit providing such replacement housing :shall affirmatively market Ih* replacement housing to such residenr,. (c) Replacement housing may be provided as newly constructed housing, nr rehabilitated housing LhaL was: (1) previously unoccupied or vacant and in G:undemnable condition; or (2) in condemnable conditinn And required substantial rehabilitation equal to or in ex Of 50 percent of the prQzahabilitation value of the unit; rr (3) rent - subsidized, existinq housing that does not already qualify as low - income housing; or (4) rent- aubsidiaed housing in the form of either project - bated assistanuv wt portable vouchers, including the use of new section 8 certificates or vouchers, which reAur.P rents on antra to meet the definitions ut low- income !sousing under nirhdi7i4inn S, paragraph ta), claubu (1). (d) Notwithstanding the requiremui ;tu in paragraphs (a) to (c), public housing units Which are a part of a disposition plan approved by the Department of housing and urban Development automatically qualify as rAplaeament housing For public housing units which are displaced. (e) "Replacement housing" may alAO mean owner - occupied housing which creates a home ownership opportunity for pecyle .1hoviv income is at or below !�o percent of the median for the •wetzopoll"n area as defined in section 473.121, Subdivision 2, adjusted for Lazily size. Subd. 8' Site. "Size" means the number of bedrooms in a housing unit. 504.34 ANN= RMSING IMPACT REPORT. Subdivision 1. Annual report xequired. A government unit, or in the case of a government unit located in.tht metropolitan area as defined in section 473.121, the government unit and the metropolitan council, shall pr_pare a housing impact report either: (1) for each year in which the government unit displaces ten or more units of low- income housing in a city of the r1rut 503.3a 2R APPENDIX Repealed .4- nnexoti Statutes to: 45 -2376" class as defined in =cctinn 410.011 or (2) when a specific project undarrakcn by a government unit for loncer than cne year displaces a t;;tni mf ten nr anrp units of low - income housing in a city of the "i.rQ_ class a' defined in zwoa.ion 410.01. Subd. 2. Draft annual housing impact report. As provided in subolvision 1, a e7overnmenr unit or a government unit parLicipatinq with tie merrogolitnn council subject to thiA section must prepare a draft annual housing impact report for review and cement by interested persons. The draft report must bd vv=yluLad by January 31 of the year iamediate!y following a year in which L•he government unit has displaced ten or more units of low- incvtne housing in a city. For a housing impact report required under *ubdivision 1, clause (2), Lbe draft report must be completud by January 31 of Lh�e year immediaLely following the year in which the ycvernmenL unit i,aa displaced a cumulative total of ten units v= low- income housing in a city. SUM. 3. Contents. The draft and 1.u dnaual hnsaging impact reports must include: (1) identification of each Sow- income housing unit that was displaced in the previous year in the city where housing was displaced by the government unit, including the unit's address, size, and rent; the number of persons whn could have occupied the unit; the condition the nnit wa-t in, and whether it wan habitable at the time of displacemerr.; the owner of the unit; whether it was owner occupied; and how and when it was displaced; (2)* identification et each unit of replacement housing provided in the yrevious year in the city, including the unit's address, size, and rent; Lhe number of persons who could occupy the unit; the owner of :hw unit; wheth it is uwsier occupied; and an identification of the displaced low - income housing unit that was replaced by the unit of replacement housing; (3) analysis of the supply of and demand for all sizes of low- income housing unit=, by size and rent, including the housing requirements of raaidcnta of shelter= for the homeless, in the city; (4) determination of there iq an adequato supply of available and unoccupied low - income housing units to meet the demand for all sines of low? income housing, by size and rent., to Lhe city where housing has been displaced by the government unit: (5) estimatiou of Lhe cost of providing replacement neus for low- income hcueing noL in adequate supply to meet the demand for all sizes of low - income housing, by site and re,iL, in the city where housing has barsi displaced by the 9vvwrn,neal. unit; (5) analysis of the government unit's compliance witit Lhe replacement plans of previous housing annual impact reports and project rousing impact statements. Subd: 4. Replacew.nt plan. it there is an inadequate supply of available and unoccupied low - income housing units to meet the demand for the replacement housing in the e'ity where housing has been displaced by the government unit, the draft and final annual housinq•impact reports must include a plan for providing the replacement housing within 36 months following the date of the Final annual housing impact report. Subd. S. iiotica; request for coaments. A government unit subject to this section must provide for public input in 504.34 3R APP£NDZX repealed Minnesota Statutas :or 95 -3876 prepdt -Llg Lhe annual housing impact report, including a public commnent periwd and a public !tearing. The government unit must Publish notice of its draft annual housing impact rer_�nrt in a navAnaper of general ciruul.Lion in the city by the deadline Pnr completion of the draft annual housing impact report. T.te notice must include a request LuL uOxmen " on the dram annual housing impact report within the 30 d.ys following Lhe notice, and tie date, time, and location ut the publiw hvAring on the draft annual housing impact report, to bye lirld within 15 Lo 30 days following the date of notice. Cuplvu of the notiwa muuSL be Aent to the nei and citizen pa:t'_cipation organisations, district planning councils, housing re.erral turd information services, shelters, homeless and tenants advocacy grotipg, and legal aid offices in the city where the displaced low-- income hmesing was located. Copies of the notice and the drat annual hnusing impact report must be submitted to the Minnesota housing finArc -O agency. 3ubd. 6. Final anneal hiou. impact rapnrt-.. Jn preparinq and approving a final annual housing impact report., a government unit subject to this 9ectinn mast consider comments received during the comment period and at the public hearing on the draft report. The final report shall 'be prepared within 30 days following the deadline for receipt of comments on the draft annual housing impacL report. The government unit shall publish notice of the final annual housing impact report in a newspaper of general circulatlumi in the city, Copies of the notice must be cent to neighborhood and Citijen participation org district planning councils, housing rtiterral aad information as -vinAn . shelters, homeless and tenants advocacy groups, and legal Aid offices in the city where the displaced low- .income hniininq Was located. Copies of the notice and the draft annual housing irTart report must he submitted to the Minnesota housing finance agency. 504.35 l;;EPLl10EPMT !?OU3ING RFQIITRF:f). A government unit which displaces ten or wore units of low- income housing in'a city of the first class as defined in section 410.01 and is subject to section !�04.34 must provide the ie lacame t wet mon fo llowi ng he date Of the p n housing w ithin jG t o tog t duel annual housin g impact act report, unless there is an adequate bupyly wf Available andunoccupiedlc income hvui6laq uniLc meet the demand for the replac:emeaL housing in the city what* housing has been displaced by the quvarnment unit. 504.35 4R wK , OTrL PriGE. mph :+c«